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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: PT Land PUD Major Subdivision, #P-06057
MEETING DATE: Monday, December 11, 2006
BACKGROUND: An application to subdivide ~ 47 acres into 18 lots for commercial use, roads,
open space areas and site related improvements on property legally described as Tract 2A COS
1215F, and situated in the SW ¼ of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana. The property is generally bounded by Baxter Lane, North 11th Avenue, West Oak Street,
and North 15th Avenue, and is zoned B-2 (Community Business District).
UNRESOLVED ISSUES:
Plat Condition #4 (Relaxation #11); Stormwater facilities in Zone 1 of the Watercourse
Setback – The applicant asked to be allowed to place stormwater facilites closer to wetland areas
while maintaining the minimum required setback from the watercourse. Planning Board
recommended amending this condition to require a greater setback from the watercourse:
4. Storm water retention/detention facilities may be located in Zone 1 of the watercourse
setback if located no closer than 30 50 feet to the ordinary high water mark of the
watercourse. The storm water retention/detention ponds shall be designed as landscape
amenities. They shall be an organic water feature with a natural, curvilinear shape. The
ponds shall have 75 percent of surface area covered with live vegetation, and be lined with
native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to
create a functional yet, natural site feature. A cross section and landscape detail of each
pond shall be submitted with the final landscape plan for review and approval. (As amended
by Planning Board.)
Plat Condition #11; Disposition of Remainder – The applicant would like to keep the option
open for selling the remainder of each phase of development. Therefore, staff recommends striking
condition #11 and adding the following condition #11:
11. The remainder of each phase of the subdivision shall be platted as an undevelopable tract in
accordance with §18.74.080.B.6, BMC, with the following language placed on the face of
the final plat. No public improvements shall be required for the undevelopable tract until it
is subdivided as a lot which is not subject to this restriction.
NOTICE IS HEREBY GIVEN to all potential purchasers of Tract X of XXXXX
Subdivision Phase X, City of Bozeman, Gallatin County, Montana, that the final plat of the
subdivision was approved by the Bozeman City Commission without completion of on and
off-site improvements required under the Bozeman Municipal Code, as is allowed in
Chapter 18.74 of the Bozeman Municipal Code.
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As such, this Restriction is filed with the final plat that stipulates that any use of this lot is
subject to further subdivision, and no development of this lot shall occur until all on and off-
site improvements are completed as required under the Bozeman Municipal Code.
THEREFORE, BE ADVISED, that Building Permits will not be issued for Tract X of
XXXXX Subdivision Phase X City of Bozeman, Gallatin County, Montana until all
required on and off-site improvements are completed and accepted by the City of Bozeman.
No building or structure requiring water or sewer facilities shall be utilized on this lot until
this restriction is lifted. This restriction runs with the land and is revocable only by further
subdivision or the written consent of the City of Bozeman.
Plat Condition #14; Waivers of Right to Protest Creation of S.I.D.'s - The Planning Board, on a
vote of 6 to 0, recommends to the Bozeman City Commission that “g) Intersection improvements at
Oak Street and North 15th Avenue” be added to Condition #14. This is an adjacent improvement
required by the subdivision’s traffic study, and those improvements are not generally listed in the
Waivers of Right to Protest Creation of S.I.D.'s.
Plat Condition #25 (Relaxation #6); Timing of Tschache Lane crossing of the Walton
Stream/Ditch – Applicant requested relaxation #6 to allow flexibility in the timing of the crossing
construction to work with the adjoining property owner. The adjoining property is currently
undergoing subdivision review and since it is not being phased it may actually be moving ahead of
this subdivision. Therefore, staff recommends denial of relaxation #6, and recommends that
condition #25 be amended as follows:
25. The relaxation request not to construct Tschache Lane west of North 15th Ave., in the
vicinity of the wetlands along the western property line, will be supported as long as an
agreement with the adjoining property owner is signed and submitted such that Tschache
will be completed within the next three years. The applicant shall submit an agreement
executed with the adjoining property owner prior to final plat approval of Phase 1 regarding
completion of the Tschache Lane crossing of the Walton Stream Ditch. In addition to the
agreement the section located on this development that will not be constructed initially must
be financially guaranteed. Improvements can be financially guaranteed in accordance with
Chapter 18.74, BMC. The full width of both 15th and Tschache must be constructed so that
they meet at a full standard intersection.
Shared-Use Path on Tschache Lane; New Plat Condition #36. Staff would like to extend the
Tschache Lane shared use path planned west of North 19th Avenue on the properties east of North
19th Avenue. This proposal was discussed during the preapplication review but lapsed due to the
design of the Lowe’s property. However the determination has been made that it is still an
appropriate design. Therefore, staff recommends that this condition be included.
36. A 10-foot wide concrete shared use boulevard sidewalk/path shall be constructed on the
north side of Tschache Lane. It is preferable that this sidewalk meander similar to the design
on the property to the west. A public access easement shall be provided for areas where the
sidewalk meanders outside of the public right-of-way.
RECOMMENDATION: The City Commission approves application #P-06057 with the
conditions of approval in the staff report and amended in this memo.
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FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
PLANNING BOARD STAFF REPORT
PT LAND PUD MAJOR SUBDIVISION FILE NO. P-06057
Item: Subdivision Preliminary Plat Application #P-06057, to subdivide ~ 47
acres into ~ 18 lots for commercial use, roads, and open space areas on
property legally described as Tract 2A COS 1215F, located in Section 1,
T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
Applicant/Owner: PT Land, Jerry Perkins, 511 North Wallace Avenue, Bozeman, MT
59715-5757.
Representative: Morrison-Maierle, Inc., 3011 Palmer Street, Missoula, MT 59808.
Date/Time: Before the Planning Board on Tuesday, November 21, 2006, at 7:00 p.m.
and before the City Commission on Monday, December 11, 2006, at 6:00
p.m., both in the Community Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, Montana.
Report by: Lanette Windemaker, AICP: Contract Planner.
Recommendation: Conditional Approval.
PROJECT LOCATION
The subject property is described as ~ 47 acres of land, generally bounded by Baxter Lane, North
11th Avenue, West Oak Street, and North 15th Avenue, legally described as Tract 2A COS 1215F,
and located in Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The
property is zoned B-2 (Community Business District). Please refer to the vicinity map on the
following page.
# P-06057 PT Land PUD Major Subdivision Staff Report 2
PROPOSAL
The applicant is requesting a Major Subdivision Preliminary Plat approval to subdivide ~ 47 acres into
18 lots for commercial use, roads and open space areas. The subdivision would have access from
Baxter Lane, North 11th Avenue, West Oak Street, North 15th Avenue and internal streets. Please
note that this proposal is also undergoing concurrent review for a commercial PUD preliminary plan
with American Federal Savings Bank is the initial phase of the PUD. The subdivision and related
relaxations will be evaluated by the DRC, the Planning Board, and the City Commission.
The necessary Preliminary Plat Supplements were submitted or waived by the Development Review
Committee (DRC).
The applicant has requested the following relaxations:
1) §18.44.080.A General, to not build a sidewalk on the north side of Baxter Lane. Staff
recommends approval of this relaxation subject to Engineering conditions.
2) §18.44.080.A General, to build a 10-foot asphalt trail instead of a sidewalk on the south side of
Baxter Lane. Staff recommends denial of this relaxation.
3) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Oak Street and
Tschache Lane to a 65-foot wide collector standard instead of a 90-foot collector standard. Staff
recommends approval of this relaxation subject to Engineering conditions.
4) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick Street
and Tschache Lane without a sidewalk on the west side. Staff recommends denial of this
relaxation.
# P-06057 PT Land PUD Major Subdivision Staff Report 3
5) §18.44 Transportation Facilities and Access, to not construct a planned collector street (North
15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a 30-foot wide
private drive to serve as the connection between Tschache Lane to Baxter Lane. Staff
recommends denial of this relaxation.
6) §18.44.010.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line. Staff does not generally support this relaxation but recommends approval
subject to Engineering conditions.
7) §18.42.040.B. Block Length, to allow blocks of more than 400 feet in length due to topography,
the presence of critical lands, and access control. Staff recommends approval of this relaxation.
8) §18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length. Staff recommends
denial of this relaxation: See the following condition: Plan #7; “The Final PUD Plan shall
require the construction of a mid block crossing on Lot 1, Block 4 at the time of site development
in accordance with §18.42.040.D. Rights-Of-Way for Pedestrians”.
9) §18.42.040.C. Block Width, to allow blocks of more than 400 feet in width to overcome specific
disadvantages of topography and orientation. Staff recommends approval of this relaxation.
10) §18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right-of-way with pedestrian walk
in Block 3 to divide a continuous block length in excess of 600 feet. Staff recommends denial of
this relaxation: See the following conditions: Plan #8; “The Final PUD Plan shall require the
construction of a mid block crossing on Block 3 at the time of site development in accordance
with §18.42.040.D. Rights-Of-Way for Pedestrians. The two lots responsible for construction of
the mid-block crossing shall correspond to the right-of-way established with the Final Plat”. And
Plat #2; “A right of way, not less than 10 feet wide, for a city standard sidewalk, is required mid-
block in Block 3 to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians”.
11) §18.42.100.B.6.a. Watercourse Setback, to permit on-site stormwater treatment facilities to be
located in Zone 1. Staff would not generally support this relaxation but do to the specific
circumstances of this project, recommends approval of this relaxation subject to following
condition: Plat #4; “Storm water retention/detention facilities may be located in Zone 1 of the
watercourse setback if located no closer than 30 feet to the ordinary high water mark of the
watercourse. The storm water retention/detention ponds shall be designed as landscape amenities.
They shall be an organic water feature with a natural, curvilinear shape. The ponds shall have 75
percent of surface area covered with live vegetation, a slope not to exceed 25%, and be lined with
native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to
create a functional yet, natural site feature. A cross section and landscape detail of each pond shall
be submitted with the final landscape plan for review and approval”.
12) §18.42.100.B.3.c. Watercourse Setback, to reduce the watercourse setback from 50 to 35 feet
along the Walton Stream/Ditch south of Tschache Lane. Staff does not support this relaxation,
but does recognize that there might be road design issues due to the current location of the
# P-06057 PT Land PUD Major Subdivision Staff Report 4
North 15th Avenue right-of-way, and therefore recommends approval of this relaxation
subject to Plat Condition #1; “The watercourse setback along the Walton Stream/Ditch south of
Tschache Lane shall be 50 feet. If a minor reduction is necessary to due to road design
geometrics to facilitate the taper angle required between the existing right-of-way alignment of
North 15th Avenue and the continuation of the right-of-way of North 15th Avenue to achieve a
watercourse setback of 50 feet, the watercourse setback for that portion only may be reduced to
not less than 35 feet for the minimum distance required to achieve the realignment”.
It is the applicant’s intent to complete the improvements and plat this subdivision over time through a
series of phases. Through the process of phasing of a subdivision, pieces of property are created that
are not tracts of record but are remainders of less than 160 acres that cannot be described as a one-
quarter aliquot part of a United States government section. In accordance with MCA 76-3-104, a
subdivision plat must show all the parcels whether contiguous or not containing less than 160 acres
that cannot be described as a one-quarter aliquot part of a United States government section. In
accordance with MCA 73-3-103, a subdivision is a division of land that it creates one or more parcels
in order that the parcels may be conveyed. The City of Bozeman wants to permit that subdivision
phasing but believes that it is contrary to the general provisions of the Montana Subdivision and
Platting Act. In order to protect the intent of state law while allowing phasing of subdivisions, the
following condition is recommended: “Applicant shall ensure that all original tract(s) of record of this
property that are or through the phasing of this subdivision will become remainder tract(s) of less than
160 acres were not created for purposes of transfer, and that no transfer or conveyance of said tracts
will occur prior to filing of a subdivision plat reviewed and approved by the City of Bozeman. The
evidence shall be in a written form to be filed with the final plat. An executed document shall be
submitted with the final plat. The tract(s) shall be legally described and the following statement shall
be placed on the tract(s): “No instrument of transfer of this tract may be recorded prior to filing of a
subdivision plat reviewed and approved by the City of Bozeman”.”
ZONING DESIGNATION & LAND USES
The subject property is zoned B-2 (Community Business District). The intent of the B-2 (Community
Business District) is to provide for a broad range of mutually supportive retail and service functions
located in clustered areas bordered on one or more sides by limited access arterial streets. The
subject property has Mandeville Creek paralleling North 11th Avenue and Walton’s Stream/Ditch
running along the west property line but is otherwise vacant. The following land uses and zoning are
adjacent to the subject property:
North: B-2 (Community Business District) – I-90.
East: B-2 (Community Business District).) – Oak Street Place PUD and Kenyon Noble PUD.
South: R-O (Residential Office District) – Nacali Building and Oak Street Office Building in Walton
Homestead PUD.
West: B-2 (Community Business District) –– Bridger Peaks Village PUD and Lowes PUD.
ADOPTED GROWTH POLICY DESIGNATION
The property is currently designated as “Regional Commercial and Services” in the Bozeman 2020
# P-06057 PT Land PUD Major Subdivision Staff Report 5
Community Plan. This classification provides areas for retail, education, health services, public
administration and tourism for a multi-county region. These facilities should be located in proximity
to significant transportation routes. It is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community.
PRELIMINARY PLAT SUPPLEMENTS
The most recent pre-application was reviewed in March of 2006 and was not presented to the
Commission. The Development Review Committee discussed the need for the extension of North
15th Avenue - a designated collector street, the provision of sidewalks versus trails, PUD
requirements and relaxations, phasing, etc. Provided below is a summary review of the Preliminary
Plat Supplements submitted with the Preliminary Plat application.
A. Surface Water:
Mandeville Creek parallels North 11th Avenue adjacent to the eastern property line and Walton’s
Stream/Ditch runs along the west property line. There are seven jurisdictional wetlands on the
property. As a result, any activity within the identified watercourse and/or wetlands area (i.e., road
construction) will require applicable Section 310 and 404 Permits.
The applicant is requesting a relaxation from §18.42.100.B.3.c. Watercourse Setback, to reduce
the watercourse setback from 50 to 35 feet along the Walton Stream/Ditch south of Tschache
Lane. Staff does not support this relaxation, but does recognize that there might be road
design issues due to the current location of the North 15th Avenue right-of-way, and therefore
recommends approval of this relaxation subject to Plat Condition #1; “The watercourse
setback along the Walton Stream/Ditch south of Tschache Lane shall be 50 feet. If a minor
reduction is necessary to due to road design geometrics to facilitate the taper angle required
between the existing right-of-way alignment of North 15th Avenue and the continuation of
the right-of-way of North 15th Avenue to achieve a watercourse setback of 50 feet, the
watercourse setback for that portion only may be reduced to not less than 35 feet for the
minimum distance required to achieve the realignment”.
B. Floodplains:
No floodplain study was required for this subdivision.
C. Groundwater:
Groundwater depths in the area of this subdivision vary from 3 to 12 feet depending on time of year.
Therefore, staff finds it necessary to note on the final plat that there is the potential for seasonal high
ground water tables within the area of the subdivision. In addition, buildings proposed for
construction with crawl spaces or basements shall be required to submit with each Building Permit an
Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation
methods. Installation of municipal water and sanitary sewer services will greatly reduce any concerns
regarding the potential of groundwater degradation.
D. Geology - Soils - Slopes:
There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3
# P-06057 PT Land PUD Major Subdivision Staff Report 6
for earthquakes, which is common for the Bozeman area. No significant physical features or
topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade
are evident.
The principle soil types identified by the Department of Natural Resources Conservation Service in
the area of the subdivision involve four general soil types; Blackdog Silt Loam, Enbar Loam, Saypo
Silt Loam and Blossberg Loam: all of which have moderate limitations for building and site
development due potentially high groundwater, shrink-swell potential and hydric components, etc.
E. Vegetation:
The vegetation is dominantly grain cropland and grassland pasture, with wetland vegetation in the
riparian corridors. No significant levels of mature vegetation (trees and large bushes) exist on the site
in question due to the agricultural history of the property.
F. Wildlife:
Due to the agricultural history of the property and limited mature vegetation in the area, any potential
impacts to wildlife and wildlife habitat are limited to white-tailed deer, small mammals and birds. No
known endangered species or critical game ranges have been identified in the area. The 50-foot
watercourse setback along the existing watercourse will protect any riparian environment already
established on the property.
G. Historical Features:
Due to the agricultural use of the property for many years, there is low likelihood of impact on
cultural properties.
H. Agriculture:
Historically, the subject property has been used for agricultural purposes with the majority of the
parcel in cultivated crops or pastureland.
I. Agricultural Water User Facilities:
Mandeville Creek parallels North 11th Avenue adjacent to the eastern property line and Walton’s
Stream/Ditch runs along the west property line. Walton’s Stream/Ditch is the result of Walton’s Ditch
and Farmer’s Canal merging to the west of the intersection of North 15th Avenue and West Oak
Street. Walton’s Stream/Ditch flows north under I-90 and converges with Mandeville Creek.
Mandeville Creek is tributary to the East Gallatin River.
J. Water and Sewer:
An extension of municipal water mains in the area will provide water for domestic and fire protection
services. An extension of municipal sewage lines will provide for sewage collection and disposal.
Final approval of the water distribution system and sewage collection and disposal system for this
subdivision proposal will be obtained through the normal approval procedures of preliminary and final
plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana Department
of Environmental Quality.
K. Stormwater Management:
# P-06057 PT Land PUD Major Subdivision Staff Report 7
Retention/detention ponds located within the open space areas of the subdivision will provide
stormwater management.
The applicant is requesting a relaxation from §18.42.100.B.6.a. Watercourse Setback, to permit
on-site stormwater treatment facilities to be located in Zone 1. Staff would not generally support
this relaxation but do to the specific circumstances of this project, recommends approval of
this relaxation subject to following condition: Plat #4; “Storm water retention/detention
facilities may be located in Zone 1 of the watercourse setback if located no closer than 30 feet
to the ordinary high water mark of the watercourse. The storm water retention/detention
ponds shall be designed as landscape amenities. They shall be an organic water feature with a
natural, curvilinear shape. The ponds shall have 75 percent of surface area covered with live
vegetation, a slope not to exceed 25%, and be lined with native grasses, indigenous plants, wet
root tolerant plant types and groupings of boulders to create a functional yet, natural site
feature. A cross section and landscape detail of each pond shall be submitted with the final
landscape plan for review and approval”.
L. Streets, Roads, and Alleys:
Access to the subdivision will be from Baxter Lane, North 11th Avenue, West Oak Street, North 15th
Avenue and the proposed interior streets. Baxter Lane, North 15th Avenue and North 11th Avenue
are all designated Collectors, and West Oak Street is designated a Major Arterial.
Access: Baxter Lane, North 15th Avenue and North 11th Avenue will be improved to a Collector
standard, and West Oak Street improved to a Major Arterial standard. Based on adequate access
separation distances, shared accesses and a one (1) foot wide “No Access” strip is required for all
lots fronting onto Baxter Lane, North 15th Avenue and North 11th Avenue and West Oak Street.
The applicant is requesting a relaxation from §18.44 Transportation Facilities and Access, to not
construct a planned collector street (North 15th Avenue) from Tschache Lane to Baxter Lane and
to allow construction of a 30-foot wide private drive to serve as the connection between
Tschache Lane to Baxter Lane. North 15th Avenue is a planned collector street shown on
Figure 11-7 of the Greater Bozeman Area Transportation Plan adopted by reference to the
Bozeman 2020 Plan. Therefore, this request in not in accordance with the adopted growth
policy and Staff recommends denial of this relaxation.
The applicant is requesting a relaxation from §18.44.060 Street Improvement Standards, to build
North 15th Avenue between Oak Street and Tschache Lane to a 65-foot wide collector standard
instead of a 90-foot collector standard. This request is a continuation of a standard established
to the south; therefore Staff recommends approval of this relaxation subject to Engineering
conditions.
The applicant is requesting a relaxation from §18.44.010.E. Dead-End Streets, to terminate
Tschache Lane in a dead-end near the west property line. Staff does not generally support this
relaxation but recommends approval subject to Engineering conditions.
# P-06057 PT Land PUD Major Subdivision Staff Report 8
Level of Service/Capacity: Several intersections in the vicinity are currently at level of service D or
below. Due to potential capacity issues indicated by the applicant’s traffic study, the Engineering
Department has required improvements to:
· Intersection improvements at Oak Street and North 19th.
· Oak Street.
· North 15th.
· North 11th.
· Baxter Lane.
Traffic Generation: The Traffic Impact Study is included in the applicant’s submittal. Based on the
study this subdivision will generate as many as 2,813 average weekday trips.
Bicycle and Pedestrian Pathways, Lanes and Routes: According to the Recommended Street
Standards of the Greater Bozeman Area Transportation Plan (Figures 11-2, 11-3 and 11-4) bike
lanes and/or pedestrian pathways are required along all collector and arterial streets. According
to the Bike Route Network of the Greater Bozeman Area Transportation Plan (Figures 6-3 and 6-
4), West Oak Street is a bike path and Baxter Lane is a bike lane.
The applicant is requesting a relaxation from §18.44.080.A General, to not build a sidewalk on
the north side of Baxter Lane. There is no developable land on the north side of Baxter Lane,
therefore Staff recommends approval of this relaxation subject to Engineering conditions.
The applicant is requesting a relaxation from §18.44.080.A General, to build a 10-foot asphalt
trail instead of a sidewalk on the south side of Baxter Lane. Asphalt requires maintenance more
often than concrete and this is not what other development along Baxter Lane has provided,
therefore staff recommends denial of this relaxation.
The applicant is requesting a relaxation from §18.44.060 Street Improvement Standards, to build
North 15th Avenue between Patrick Street and Tschache Lane without a sidewalk on the west
side. It is inappropriate to not extend an existing sidewalk, therefore Staff recommends denial
of this relaxation.
The applicant is requesting a relaxation from §18.42.040.D. Rights-Of-Way for Pedestrians, to
not provide a right-of-way with pedestrian walk in Block 3 to divide a continuous block length in
excess of 600 feet; Staff recommends denial of this relaxation: See the following conditions:
Plan #8; “The Final PUD Plan shall require the construction of a mid block crossing on
Block 3 at the time of site development in accordance with §18.42.040.D. Rights-Of-Way for
Pedestrians. The two lots responsible for construction of the mid-block crossing shall
correspond to the right-of-way established with the Final Plat”. And Plat #2; “A right of way,
not less than 10 feet wide, for a city standard sidewalk, is required mid-block in Block 3 to
divide a continuous block length in excess of 600 feet in accordance with §18.42.040.D.
Rights-Of-Way for Pedestrians”.
Trails: According to the Trail Map of the Bozeman 2020 Plan (Figure 9-1), there are future trail
corridors paralleling the two watercourse corridors and Tschache Lane. There is a proposed trail on
# P-06057 PT Land PUD Major Subdivision Staff Report 9
the adjoining property to the west of Walton’s Stream/Ditch, and a proposed trail system on this
property parallel to Mandeville Creek. The design of the Tschache Lane pedestrian system has been
previously established by the adjoining property under development to the west. It appears that the
required connectivity has been provided.
M. Utilities:
No concerns were mentioned from any of the private agencies regarding the provision of service to
the proposed subdivision. All utilities servicing the subdivision will be provided by underground
services.
N. Educational Facilities:
Not applicable, this is a commercial subdivision.
O. Land Use:
PT Land PUD subdivision is intended for commercial land uses. The PUD development guidelines,
located in Appendix H, divide the project into four land use areas with designed B-2 uses within each
area.
The applicant is requesting a relaxation from §18.42.040.B. Block Length, to allow blocks of
more than 400 feet in length due to topography, the presence of critical lands, and access control.
Staff recommends approval of this relaxation.
The applicant is requesting a relaxation from §18.42.040.B. Block Length, to allow Block 4 to
exceed 1,320 feet in length. Staff recommends denial of this relaxation: See the following
condition: Plan #7; “The Final PUD Plan shall require the construction of a mid block
crossing on Lot 1, Block 4 at the time of site development in accordance with §18.42.040.D.
Rights-Of-Way for Pedestrians”.
The applicant is requesting a relaxation from §18.42.040.C. Block Width, to allow blocks of more
than 400 feet in width to overcome specific disadvantages of topography and orientation. Staff
recommends approval of this relaxation.
P. Parks and Recreation Facilities:
Dedication: Not applicable, this is a commercial subdivision. Any subsequent residential development
will be subject to park dedication requirements for cash-in-lieu in accordance with
18.50.020.A.2.b.(3).
PUD Open Space: Per §18.36.090.E, non-residential PUD development in the West Oak Street
entryway corridor shall earn at least 30 performance points developed as open space, exclusive of
required off-street parking lot interior landscape. Since all of the open space in this proposed
subdivision is publicly accessible, only 24% of the non-dedicated portion of the project must be
PUD open space. Approximately 41 acres of the project is non-dedicated land, requiring ~ 9.5
acres of publicly accessible open space. The open space lots, Lots 2 and 3, Block 4, are ~ 9.1
acres and the required setback from Oak Street is ~ 0.47 acres for a total of ~ 9.6 acres. The
open space shall be landscaped by the applicant in a manner that shall meet or exceed the
# P-06057 PT Land PUD Major Subdivision Staff Report 10
standards of Chapter 18.48.
Open Space Plan: The landscape plan prepared and certified by a qualified landscape professional for
the open space lots, Lots 2 and 3, Block 4, shall be submitted for review and approval as part of
the Final PUD Plan in accordance with §18.78.100. Completion of the landscaping in the open
space lots may be phased as proposed with the stormwater retention/detentions ponds and
completed with Phase 5.
Q. Neighborhood Center Plan:
Not applicable, this is a commercial subdivision.
R. Lighting Plan.
A Special Improvement Lighting District will be formed for the subdivision street lighting, subject to
the following conditions: Subdivision lighting SILD information shall be submitted to the SID Clerk
directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be
deemed complete until the resolution to create the SILD has been approved by the City Commission.
S. Miscellaneous:
No direct impacts to public lands have been identified with this subdivision proposal.
On or near the subdivision, there is no known health, safety hazards or other nuisances, such as
unpleasant odors, unusual noise, dust or smoke, with exception to the typical risks identified with
seismic activity.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve, or disapprove the
subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice
and recommendation, and additional information demonstrates that development of the subdivision
complies with this title, the City’s growth policy, the Montana Subdivision and Platting Act, and other
adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The
Montana Subdivision and Platting Act, Section 76-3-608, establishes the following primary review
criteria for the governing body to consider when evaluating subdivisions. Planning Staff, the DRC, the
WRB, the R&PAB Subdivision Review Committee and other reviewing agencies have made
comments in relation to those and other criteria as described below, and have recommended
conditions as outlined at the end of this Staff Report.
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. Effects on Agriculture.
Historically, the subject property has been used for agricultural purposes with the majority of
parcel in cultivated crops or pastureland.
2. Effects on Agricultural Water User Facilities.
# P-06057 PT Land PUD Major Subdivision Staff Report 11
Mandeville Creek parallels North 11th Avenue adjacent to the eastern property line and
Walton’s Stream/Ditch runs along the west property line. Walton’s Stream/Ditch is the result
of Walton’s Ditch and Farmer’s Canal merging to the west of the intersection of North 15th
Avenue and West Oak Street. Walton’s Stream/Ditch flows north under I-90 and converges
with Mandeville Creek. Mandeville Creek is tributary to the East Gallatin River.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by extension and connection to the
municipal water and sewer systems.
Streets: Access to the subdivision will be from the existing Baxter Lane, West Oak Street,
North 15th Avenue, North 11th Avenue and the proposed interior streets.
4. Effects on the Natural Environment.
Detailed information regarding stormwater management is addressed in the “Preliminary
Grading and Drainage Plan” provided to the Engineering Department for review, and located
in Appendix L. Applicant has entered into an agreement for a Noxious Weed Management
and Revegetation Plan with the Gallatin County Weed Board found in Appendix E.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historical uses and the development of surrounding lands, no significant adverse
effects on wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because municipal sewer will service development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Act.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or
state law. The following requirements are standards of the Bozeman Municipal Code and
shall be addressed on the final plat:
a. Per §18.42.150 of the BMC, street light support structures shall not exceed 25 feet on
local streets and are only required at street and pedestrian intersections. Additional
# P-06057 PT Land PUD Major Subdivision Staff Report 12
information on the street lighting (cut sheets, etc.) is required to demonstrate
compliance with the BMC.
b. Per §18.50.090 of the BMC, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be executed and
submitted with the final plat to be filed with the Gallatin County Clerk and Recorder
at the time of final plat recordation.
c. Covenants, restrictions, and articles of incorporation for the creation of a property
owners’ association shall be submitted with the final plat application for review and
approval by the Planning Office and shall contain, but not be limited to, provisions for
assessment, maintenance, repair and upkeep of common open space areas, public
parkland/open space corridors, stormwater facilities, public trails, snow removal, and
other areas common to the association pursuant to Chapter 18.72 of the Bozeman
Municipal Code.
· These documents shall include a common area and facility maintenance plan and
guarantee for the permanent care and maintenance of open spaces, recreational
areas, and stormwater facilities in accordance with Chapter 18.72 or the Bozeman
Municipal Code.
· These documents shall be submitted to the city attorney and shall not be accepted
by the city until approved as to legal form and effect. A draft of these documents
must be submitted for review and approval by the Planning Department at least 45
working days prior to filing and recordation with the Gallatin County Clerk and
Recorder.
· These documents shall be executed and submitted with the final plat to be filed
with the Gallatin County Clerk and Recorder at the time of final plat recordation.
d. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and
the Uniform Standards for Final Subdivision Plats and shall be accompanied by all
required documents, including certification from the City Engineer that as-built
drawings for public improvements were received, a platting certificate, and all
required and corrected certificates. The Final Plat application shall include four (4)
signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk;
and five (5) paper prints.
e. Pursuant to §18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat
shall be in force for not more than one calendar year for minor subdivisions, two years
for single-phased major subdivisions and three years for multi-phased major
subdivisions. Prior to that expiration date, the developer may submit a letter of
request for the extension of the period to the Planning Director for the City
Commission’s consideration. The City Commission may, at the written request of the
developer, extend its approval for no more than one calendar year, except that the
City Commission may extend its approval for a period of more than one year if that
approval period is included as a specific condition of a written subdivision
# P-06057 PT Land PUD Major Subdivision Staff Report 13
improvements agreement between the City Commission and the developer, provided
for in §18.74.060 of the BMC.
f. If it is the developer’s intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the Preliminary Plat submittal
information and conditions of approval. If the Final Plat is filed prior to the
installation of all improvements, the developer shall supply the City of Bozeman with
an acceptable method of security equal to 150% of the cost of the remaining
improvements.
g. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has
been satisfactorily addressed.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The hearings before the Planning Board and the City Commission have been properly noticed,
as required in the Bozeman Municipal Code. The notice was mailed to all adjoining property
owners by certified mail on October 27, 2006. The proposed project was noticed in the
Bozeman Daily Chronicle on October 29, 2006 and November 5, 2006.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access to the dedicated public streets.
PUBLIC COMMENT
No public comments have been received as of this date. Any public comments received after the date
of this report will be distributed at the public hearing.
RECOMMENDED CONDITIONS OF APPROVAL
1. The watercourse setback along the Walton Stream/Ditch south of Tschache Lane shall be 50 feet.
If a minor reduction is necessary to due to road design geometrics to facilitate the taper angle
required between the existing right-of-way alignment of North 15th Avenue and the continuation
of the right-of-way of North 15th Avenue to achieve a watercourse setback of 50 feet, the
watercourse setback for that portion only may be reduced to not less than 35 feet for the
minimum distance required to achieved the realignment.
# P-06057 PT Land PUD Major Subdivision Staff Report 14
2. A right of way, not less than 10 feet wide, for a city standard sidewalk, is required mid-block in
Block 3 to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians.
3. A Concurrent Construction Plan, for an approved lot-specific final site plan, addressing all
requirements of 18.74.030.D, shall be submitted for review and approval of the Planning Director
with a recommendation from the Development Review Committee.
4. Storm water retention/detention facilities may be located in Zone 1 of the watercourse setback if
located no closer than 30 feet to the ordinary high water mark of the watercourse. The storm
water retention/detention ponds shall be designed as landscape amenities. They shall be an organic
water feature with a natural, curvilinear shape. The ponds shall have 75 percent of surface area
covered with live vegetation, and be lined with native grasses, indigenous plants, wet root tolerant
plant types and groupings of boulders to create a functional yet, natural site feature. A cross
section and landscape detail of each pond shall be submitted with the final landscape plan for
review and approval.
5. Covenants shall address the requirements for street trees, a COB planting permit for street trees
and obtaining utility locates before any excavation begins in the COB right of way.
6. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer, is due with the final plat.
7. The open space shall be titled “Open Space, Public Access”. Notes shall be included on the plat
describing ownership and maintenance responsibility for the open space, e.g.: open space, public
access, owned by the property owners association, maintained by the property owners
association, etc.
8. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly
after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
9. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
10. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
11. Applicant shall ensure that all original tract(s) of record of this property that are or through the
phasing of this subdivision will become remainder tract(s) of less than 160 acres were not created
for purposes of transfer, and that no transfer or conveyance of said tracts will occur prior to filing
of a subdivision plat reviewed and approved by the City of Bozeman. The evidence shall be in a
written form to be filed with the final plat. An executed document shall be submitted with the
# P-06057 PT Land PUD Major Subdivision Staff Report 15
final plat. The tract(s) shall be legally described and the following statement shall be placed on
the tract(s):
“No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat
reviewed and approved by the City of Bozeman.”
12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal
Code. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
Engineering Conditions:
13. This proposed Subdivision is located within the following payback districts:
· Hampton Inn Sewer Payback
· Baxter Lane and North 19th Signal Payback
· Tange LLC Water Payback
Unless previously filed with the property, the applicant will make all payments necessary prior to
each phase.
14. Unless currently filed with the property, the applicant is advised executed Waivers of Right to
Protest Creation of S.I.D.'s shall be provided and filed with the County Clerk and Recorder's
office for the following:
a) Intersection improvements at Oak Street and North 7th.
b) Intersection improvements at Oak Street and North 19th.
c) Intersection improvements at Baxter Lane and North 19th.
d) Intersection improvements at Tscache Lane and North 19th.
e) Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
f) Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
The document filed shall specify state that in the event an S.I.D. is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
15. Proposed phasing shall be depicted on the preliminary plan. The full extent of all proposed
infrastructure improvements required for each phase shall also be clearly indicated on the final
plan submittal. No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless all of the requirements of §18.74.030.D are met to allow
for concurrent construction. Phases shall be numbered in the order in which they are to be built.
All concurrent construction requirements shall be met or substantial completion of all public
infrastructure shall be accepted prior to the issuance of building permits at each phase.
# P-06057 PT Land PUD Major Subdivision Staff Report 16
16. Access to Lots 1 and 2 of Block 2, Lots 1, 2, and 3 of Block 1 from North 15th Ave, and access
to Lots 1 and 6 of Block 3 from North 11th Ave shall use shared accesses. A one foot no access
stripe will be required for the lengths of any proposed lots fronting North 15th or North 11th,
excluding the locations of any shared accesses. In addition, all separation requirements outlined
in the §18.44.090 of the Bozeman Municipal Code shall be met. If access cannot be achieved
within the parameters of the Bozeman Municipal Code the applicant may apply for a deviation.
The procedure for applying for an access deviation is outlined in §18.44.090.H.3 of the Bozeman
Municipal Code.
17. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils,
grease, and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and locate and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations, and
a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so as
to be conducive to the normal use and maintenance of the park or open space. Storm water ponds
shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
Currently, there exists a temporary storm drainage easement on this property for several adjoining
streets and a neighboring lot. Prior to development an adequate permanent drainage plan must be
submitted and approved by the City Engineer, and any easements for the temporary ponds must
be properly vacated. The preliminary storm water plan submitted with the PUD application
does not address the runoff that is currently coming from the adjoining lots and street
frontage.
18. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted, as well as all nearby existing and proposed
fire hydrants. The location of the newly installed Pressure Relief Valve along 11th Avenue must
be shown on the plans.
19. The Developer's engineer will be required to prepare a comprehensive design report evaluating
existing capacity of water and sewer utilities which must be provided to and approved by the City
Engineer. The report must include hydraulic evaluations of each utility for both existing and post-
development demands. The report findings must demonstrate adequate capacity to serve the full
# P-06057 PT Land PUD Major Subdivision Staff Report 17
development. The report must also identify the proposed phasing of water and sewer
construction.
If adequate water and/or sewer capacity is not available for full development, the report must
identify necessary water system and sewer system improvements required for full development.
The Developer will be responsible to complete the necessary system improvements to serve the
full development.
20. It should be noted that this site is located in an area of high water pressure. The design of the
water infrastructure will need to account for this high pressure. The installation of a pressure
reducing valve(s) (PRV) will be required. The location and the number of required PRV’s will be
determined during the infrastructure design phase.
21. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be less than
10 feet from the edge of the easement. All necessary easements shall be provided prior to Final
plat approval and shall be shown on the plat.
22. All water main extensions of more than 500 feet required for any phase of the development shall
be fully looped. Water and sewer mains shall be extended to the property lines to adequately
accommodate future extensions and/or looping.
23. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision,
unless otherwise noted. Streets within the subdivision will be City standard width. Detailed review
of the street and intersection design and approval by the City Engineer will be required as part of
the infrastructure plan and specification review process.
24. Tschache Lane must be extended the entire length of the subdivision, so as to connect North 15th
Ave. to North 11th Ave.
25. The relaxation request not to construct Tschache Lane west of North 15th Ave., in the vicinity of
the wetlands along the western property line, will be supported as long as an agreement with the
adjoining property owner is signed and submitted such that Tschache will be completed within the
next three years. In addition to the agreement the section located on this development that will
not be constructed initially must be financially guaranteed. The full width of both 15th and
Tschache must be constructed so that they meet at a full standard intersection.
26. North 15th Ave., or a comparable collector standard public street, must be extended to the north
so as to connect Oak Street to Baxter Lane. All wetlands regulations and stream setbacks must
be abided by when considering the alignment of these roads. All alignments and designs of these
roads must be reviewed and approved by the city engineering department. This street section
must include a back of curb to back of curb width of a minimum of 45’, bike lanes, and sidewalks
on both sides.
# P-06057 PT Land PUD Major Subdivision Staff Report 18
27. All street names must be approved by the Gallatin County Road Office and City Engineering
Department prior to preliminary plat and final plat approval.
28. The traffic study submitted indicates that North 11th Avenue and North 15th Avenue currently
have Level of Services (LOS) below a D. §18.44.060.D of the Bozeman Municipal Code states
“Street and intersection level of service “C” shall be the design and operational objective, and
under no conditions will less than level of service “D” be accepted. The LOS for these
intersections must be corrected prior to the issuance of building permits for any of this
development.
29. The traffic study submitted indicates that the intersection of Oak and N. 19th operates at a level
of service below a D. Since the traffic study was performed the intersection has had
improvements. Please reevaluate the intersection to confirm that intersection operates at or above
a LOS of D at all times. If the intersection remains at a LOS below a D the developer will be
required to make improvements to the intersection to correct the LOS.
30. Any public street rights of way for which easements have been provided shall be dedicated to the
City on the preliminary Plat for this subdivision.
31. A 10 foot wide asphalt pathway must be installed the length of the lot on the south side of the
property along Oak Street. This pathway must provide ADA approved access the entire length of
the lot.
32. The full width of Baxter Lane that fronts this proposed subdivision shall be improved to meet all
current collector standards. This includes but not limited to pavement, curb and gutter, and all
necessary signage and striping. The typical section used for the Baxter Lane improvements
should match the typical section used at the Lowe’s Subdivision directly west of this
development.
33. With the improvements to Baxter the developer will install sidewalk on the north side of the street
from the end of the existing sidewalk west of this development to N. 15th, where a pedestrian
crosswalk will be installed. The developer shall install the crosswalk with adequate signage,
striping, and lighting such that the intersection will provide safe passage for pedestrians. With
installation of this crosswalk the existing mid-block crosswalk west of this development will be
removed.
34. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
35. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final approval.
# P-06057 PT Land PUD Major Subdivision Staff Report 19
CONCLUSION / RECOMMENDATION
Staff recommends denial of relaxations #2, #4, #5, #8, and #10. Pursuant to §18.06.040.D of the
Bozeman Municipal Code, the Planning Board shall review the preliminary plat and supplementary
information to determine if the proposed plat is in compliance or noncompliance with the adopted
Growth Policy. The Planning Board shall act to recommend approval, conditional approval or denial
of the preliminary plat application. The Board shall then provide advice and comments to the
Bozeman City Commission for its consideration at its Monday, December 11, 2006, hearing which
begins at 6:00 p.m. The Planning Board Resolution #P-06057 and minutes from the Planning Board’s
November 21, 2006, meeting will be forwarded to the City Commission and made a part of the
Commission’s record.
BECAUSE THIS APPLICATION IS FOR A MAJOR SUBDIVISION, THE BOZEMAN
PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE BOZEMAN CITY
COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL DECISION ON
THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE
APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN §18.66 OF THE
BOZEMAN MUNICIPAL CODE.
Attachments: Preliminary Plat submittal dated September 15, 2006.
Bicycle Advisory Board memo dated November 2, 2006.
Cc: Morrison-Maierle, Molly Skorpik, 3011 Palmer Street, Missoula, MT 59808
Dave Hutchinson, P.O. Box 505, Solana Beach, CA 92075
American Federal Savings Bank, Larry Dreyer, P.O. Box 4999, Helena, MT 59604
Thinktank, Brian Caldwell, 600 North Wallace Avenue, Bozeman, MT 59715-3001
CWG Architects, Ray Johnson, 650 Power St., Helena, MT 59601
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
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RESOLUTION #P-06057
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING
CONDITIONAL APPROVAL OF A MAJOR SUBDIVISION PRELIMINARY PLAT
APPLICATION ON ~ 47 ACRES INTO ~ 18 LOTS FOR COMMERCIAL USE, ROADS, OPEN
SPACE AREAS AND SITE RELATED IMPROVEMENTS. THE PROPERTY IS ZONED B-2
(COMMUNITY BUSINESS DISTRICT), AND IS GENERALLY BOUNDED BY BAXTER
LANE, NORTH 11TH AVENUE, WEST OAK STREET, AND NORTH 15TH AVENUE. THE
PROPERTY IS LEGALLY DESCRIBED AS TRACT 2A COS 1215F, LOCATED IN SECTION 1,
T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the applicant/owner, PT Land, Jerry Perkins, 511 North Wallace Avenue,
Bozeman, MT 59715-5757; and represented by Morrison-Maierle, Inc., 3011 Palmer Street,
Missoula, MT 59808, submitted a Major Subdivision Preliminary Plat Application on ~ 47 acres to be
subdivided into 18 lots for commercial use, roads, open space areas and site related improvements on
property legally described as Tract 2A COS 1215F. The property is situated in the SW ¼ of Section
1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the applicant is requesting the following PUD relaxations:
1) §18.44.080.A General, to not build a sidewalk on the north side of Baxter Lane.
2) §18.44.080.A General, to build a 10-foot asphalt trail instead of a sidewalk on the south
side of Baxter Lane.
3) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Oak
Street and Tschache Lane to a 65-foot wide collector standard instead of a 90-foot
collector standard.
4) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick
Street and Tschache Lane without a sidewalk on the west side.
5) §18.44 Transportation Facilities and Access, to not construct a planned collector street
(North 15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a
30-foot wide private drive to serve as the connection between Tschache Lane to Baxter
Lane.
6) §18.44.010.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line.
7) §18.42.040.B. Block Length, to allow blocks of more than 400 feet in length due to
topography, the presence of critical lands, and access control.
8) §18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length.
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
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9) §18.42.040.C. Block Width, to allow blocks of more than 400 feet in width to overcome
specific disadvantages of topography and orientation.
10) §18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right-of-way with
pedestrian walk in Block 3 to divide a continuous block length in excess of 600 feet.
11) §18.42.100.B.6.a. Watercourse Setback, to permit on-site stormwater treatment facilities
to be located in Zone 1.
12) §18.42.100.B.3.c. Watercourse Setback, to reduce the watercourse setback from 50 to 35
feet along the Walton Stream/Ditch south of Tschache Lane; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.76 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public meeting on Tuesday,
November 21, 2006, to receive and review all written and oral testimony on the request for said
Major Subdivision Preliminary Plat Application; and
WHEREAS, the City of Bozeman Planning Staff presented the staff report on the request for
said Major Subdivision Preliminary Plat Application; and
WHEREAS, the City of Bozeman staff had the following recommendations on the requested
PUD relaxations:
1) §18.44.080.A General, to not build a sidewalk on the north side of Baxter Lane. Staff
recommends approval of this relaxation subject to Engineering conditions.
2) §18.44.080.A General, to build a 10-foot asphalt trail instead of a sidewalk on the south
side of Baxter Lane. Staff recommends denial of this relaxation.
3) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Oak
Street and Tschache Lane to a 65-foot wide collector standard instead of a 90-foot
collector standard. Staff recommends approval of this relaxation subject to
Engineering conditions.
4) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick
Street and Tschache Lane without a sidewalk on the west side. Staff recommends denial
of this relaxation.
5) §18.44 Transportation Facilities and Access, to not construct a planned collector street
(North 15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a
30-foot wide private drive to serve as the connection between Tschache Lane to Baxter
Lane. Staff recommends denial of this relaxation.
6) §18.44.010.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line. Staff does not generally support this relaxation but recommends
approval subject to Engineering conditions.
7) §18.42.040.B. Block Length, to allow blocks of more than 400 feet in length due to
topography, the presence of critical lands, and access control. Staff recommends
approval of this relaxation.
8) §18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length. Staff
recommends denial of this relaxation: See the following condition: Plan #7; “The
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
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Final PUD Plan shall require the construction of a mid block crossing on Lot 1, Block 4 at
the time of site development in accordance with §18.42.040.D. Rights-Of-Way for
Pedestrians”.
9) §18.42.040.C. Block Width, to allow blocks of more than 400 feet in width to overcome
specific disadvantages of topography and orientation. Staff recommends approval of this
relaxation.
10) §18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right-of-way with
pedestrian walk in Block 3 to divide a continuous block length in excess of 600 feet. Staff
recommends denial of this relaxation: See the following conditions: Plan #8; “The
Final PUD Plan shall require the construction of a mid block crossing on Block 3 at the
time of site development in accordance with §18.42.040.D. Rights-Of-Way for
Pedestrians. The two lots responsible for construction of the mid-block crossing shall
correspond to the right-of-way established with the Final Plat”. And Plat #2; “A right of
way, not less than 10 feet wide, for a city standard sidewalk, is required mid-block in
Block 3 to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians”.
11) §18.42.100.B.6.a. Watercourse Setback, to permit on-site stormwater treatment facilities
to be located in Zone 1. Staff would not generally support this relaxation but do to the
specific circumstances of this project, recommends approval of this relaxation subject
to following condition: Plat #4; “Storm water retention/detention facilities may be
located in Zone 1 of the watercourse setback if located no closer than 30 feet to the
ordinary high water mark of the watercourse. The storm water retention/detention ponds
shall be designed as landscape amenities. They shall be an organic water feature with a
natural, curvilinear shape. The ponds shall have 75 percent of surface area covered with
live vegetation, a slope not to exceed 25%, and be lined with native grasses, indigenous
plants, wet root tolerant plant types and groupings of boulders to create a functional yet,
natural site feature. A cross section and landscape detail of each pond shall be submitted
with the final landscape plan for review and approval”.
12) §18.42.100.B.3.c. Watercourse Setback, to reduce the watercourse setback from 50 to 35
feet along the Walton Stream/Ditch south of Tschache Lane. Staff does not support this
relaxation, but does recognize that there might be road design issues due to the current
location of the North 15th Avenue right-of-way, and therefore recommends approval
of this relaxation subject to Plat Condition #1; “The watercourse setback along the
Walton Stream/Ditch south of Tschache Lane shall be 50 feet. If a minor reduction is
necessary to due to road design geometrics to facilitate the taper angle required between
the existing right-of-way alignment of North 15th Avenue and the continuation of the
right-of-way of North 15th Avenue to achieve a watercourse setback of 50 feet, the
watercourse setback for that portion only may be reduced to not less than 35 feet for the
minimum distance required to achieve the realignment”; and
WHEREAS, the applicant described the application, expressed no opposition with the
recommended conditions of approval forwarded by various reviewing agencies and the Development
Review Committee, and code provisions in the staff report; and
WHEREAS, one member of the public spoke about trail connections in the area; and
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PT Land PUD Major Subdivision Preliminary Plat # P-06057
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WHEREAS, no other members of the public were present speaking in favor of or opposition
to said Major Subdivision Preliminary Plat; and
WHEREAS, members of the City of Bozeman Planning Board discussed the
comprehensiveness of condition #14; and
WHEREAS, members of the City of Bozeman Planning Board discussed concerns about
relaxation #12 to allow the watercourse setback south of Tschache Lane to be reduced to 35 feet; and
WHEREAS, members of the City of Bozeman Planning Board discussed concerns about
relaxation #11 and condition #4 to permit on-site stormwater facilities in zone 1 of the watercourse
setback; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that the Major Subdivision
Preliminary Plat Application would comply with those requirements with the recommended
conditions of approval; and
WHEREAS, City of Bozeman Planning Board, on a vote of 6 to 0, recommends to the
Bozeman City Commission that “g) Intersection improvements at Oak Street and North 15th Avenue”
be added to Condition #14; and
WHEREAS, City of Bozeman Planning Board, on a vote of 5 to 1, recommends to the
Bozeman City Commission that Condition #4 be amended to say “no closer than 30 50 feet to the
ordinary high water mark”; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a
vote of 6 to 0, recommends to the Bozeman City Commission that the ~ 47 acres to be subdivided
into 18 lots for commercial use, roads, open space areas and site related improvements on property
zoned B-2 (Community Business District), which is generally bounded by Baxter Lane, North 11th
Avenue, West Oak Street, and North 15th Avenue, on property legally described as Tract 2A COS
1215F, and situated in the SW ¼ of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana, be approved with the 35 conditions which follow, and recommends denial of relaxations #2,
#4, #5, #8, and #10.
1. The watercourse setback along the Walton Stream/Ditch south of Tschache Lane shall be 50 feet.
If a minor reduction is necessary to due to road design geometrics to facilitate the taper angle
required between the existing right-of-way alignment of North 15th Avenue and the continuation
of the right-of-way of North 15th Avenue to achieve a watercourse setback of 50 feet, the
watercourse setback for that portion only may be reduced to not less than 35 feet for the
minimum distance required to achieved the realignment.
2. A right of way, not less than 10 feet wide, for a city standard sidewalk, is required mid-block in
Block 3 to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians.
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PT Land PUD Major Subdivision Preliminary Plat # P-06057
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3. A Concurrent Construction Plan, for an approved lot-specific final site plan, addressing all
requirements of 18.74.030.D, shall be submitted for review and approval of the Planning Director
with a recommendation from the Development Review Committee.
4. Storm water retention/detention facilities may be located in Zone 1 of the watercourse setback if
located no closer than 30 50 feet to the ordinary high water mark of the watercourse. The storm
water retention/detention ponds shall be designed as landscape amenities. They shall be an organic
water feature with a natural, curvilinear shape. The ponds shall have 75 percent of surface area
covered with live vegetation, and be lined with native grasses, indigenous plants, wet root tolerant
plant types and groupings of boulders to create a functional yet, natural site feature. A cross
section and landscape detail of each pond shall be submitted with the final landscape plan for
review and approval. (As amended by Planning Board.)
5. Covenants shall address the requirements for street trees, a COB planting permit for street trees
and obtaining utility locates before any excavation begins in the COB right of way.
6. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer, is due with the final plat.
7. The open space shall be titled “Open Space, Public Access”. Notes shall be included on the plat
describing ownership and maintenance responsibility for the open space, e.g.: open space, public
access, owned by the property owners association, maintained by the property owners
association, etc.
8. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly
after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
9. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
10. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
11. Applicant shall ensure that all original tract(s) of record of this property that are or through the
phasing of this subdivision will become remainder tract(s) of less than 160 acres were not created
for purposes of transfer, and that no transfer or conveyance of said tracts will occur prior to filing
of a subdivision plat reviewed and approved by the City of Bozeman. The evidence shall be in a
written form to be filed with the final plat. An executed document shall be submitted with the
final plat. The tract(s) shall be legally described and the following statement shall be placed on
the tract(s):
“No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat
reviewed and approved by the City of Bozeman.”
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PT Land PUD Major Subdivision Preliminary Plat # P-06057
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12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal
Code. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
Engineering Conditions:
13. This proposed Subdivision is located within the following payback districts:
· Hampton Inn Sewer Payback
· Baxter Lane and North 19th Signal Payback
· Tange LLC Water Payback
Unless previously filed with the property, the applicant will make all payments necessary prior to
each phase.
14. Unless currently filed with the property, the applicant is advised executed Waivers of Right to
Protest Creation of S.I.D.'s shall be provided and filed with the County Clerk and Recorder's
office for the following:
a) Intersection improvements at Oak Street and North 7th.
b) Intersection improvements at Oak Street and North 19th.
c) Intersection improvements at Baxter Lane and North 19th.
d) Intersection improvements at Tscache Lane and North 19th.
e) Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
f) Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
g) Intersection improvements at Oak Street and North 15th Avenue. (As amended by
Planning Board.)
The document filed shall specify state that in the event an S.I.D. is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
15. Proposed phasing shall be depicted on the preliminary plan. The full extent of all proposed
infrastructure improvements required for each phase shall also be clearly indicated on the final
plan submittal. No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless all of the requirements of §18.74.030.D are met to allow for
concurrent construction. Phases shall be numbered in the order in which they are to be built. All
concurrent construction requirements shall be met or substantial completion of all public
infrastructure shall be accepted prior to the issuance of building permits at each phase.
16. Access to Lots 1 and 2 of Block 2, Lots 1, 2, and 3 of Block 1 from North 15th Ave, and access
to Lots 1 and 6 of Block 3 from North 11th Ave shall use shared accesses. A one foot no access
stripe will be required for the lengths of any proposed lots fronting North 15th or North 11th,
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PT Land PUD Major Subdivision Preliminary Plat # P-06057
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excluding the locations of any shared accesses. In addition, all separation requirements outlined
in the §18.44.090 of the Bozeman Municipal Code shall be met. If access cannot be achieved
within the parameters of the Bozeman Municipal Code the applicant may apply for a deviation.
The procedure for applying for an access deviation is outlined in §18.44.090.H.3 of the Bozeman
Municipal Code.
17. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils,
grease, and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and locate and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations, and
a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so as
to be conducive to the normal use and maintenance of the park or open space. Storm water ponds
shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
Currently, there exists a temporary storm drainage easement on this property for several adjoining
streets and a neighboring lot. Prior to development an adequate permanent drainage plan must be
submitted and approved by the City Engineer, and any easements for the temporary ponds must
be properly vacated. The preliminary storm water plan submitted with the PUD application does
not address the runoff that is currently coming from the adjoining lots and street frontage.
18. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted, as well as all nearby existing and proposed fire
hydrants. The location of the newly installed Pressure Relief Valve along 11th Avenue must be
shown on the plans.
19. The Developer's engineer will be required to prepare a comprehensive design report evaluating
existing capacity of water and sewer utilities which must be provided to and approved by the City
Engineer. The report must include hydraulic evaluations of each utility for both existing and post-
development demands. The report findings must demonstrate adequate capacity to serve the full
development. The report must also identify the proposed phasing of water and sewer
construction.
If adequate water and/or sewer capacity is not available for full development, the report must
identify necessary water system and sewer system improvements required for full development.
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PT Land PUD Major Subdivision Preliminary Plat # P-06057
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The Developer will be responsible to complete the necessary system improvements to serve the
full development.
20. It should be noted that this site is located in an area of high water pressure. The design of the
water infrastructure will need to account for this high pressure. The installation of a pressure
reducing valve(s) (PRV) will be required. The location and the number of required PRV’s will be
determined during the infrastructure design phase.
21. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be less than
10 feet from the edge of the easement. All necessary easements shall be provided prior to Final
plat approval and shall be shown on the plat.
22. All water main extensions of more than 500 feet required for any phase of the development shall
be fully looped. Water and sewer mains shall be extended to the property lines to adequately
accommodate future extensions and/or looping.
23. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision,
unless otherwise noted. Streets within the subdivision will be City standard width. Detailed review
of the street and intersection design and approval by the City Engineer will be required as part of
the infrastructure plan and specification review process.
24. Tschache Lane must be extended the entire length of the subdivision, so as to connect North 15th
Ave. to North 11th Ave.
25. The relaxation request not to construct Tschache Lane west of North 15th Ave., in the vicinity of
the wetlands along the western property line, will be supported as long as an agreement with the
adjoining property owner is signed and submitted such that Tschache will be completed within the
next three years. In addition to the agreement the section located on this development that will
not be constructed initially must be financially guaranteed. The full width of both 15th and
Tschache must be constructed so that they meet at a full standard intersection.
26. North 15th Ave., or a comparable collector standard public street, must be extended to the north
so as to connect Oak Street to Baxter Lane. All wetlands regulations and stream setbacks must
be abided by when considering the alignment of these roads. All alignments and designs of these
roads must be reviewed and approved by the city engineering department. This street section
must include a back of curb to back of curb width of a minimum of 45’, bike lanes, and sidewalks
on both sides.
27. All street names must be approved by the Gallatin County Road Office and City Engineering
Department prior to preliminary plat and final plat approval.
28. The traffic study submitted indicates that North 11th Avenue and North 15th Avenue currently
have Level of Services (LOS) below a D. §18.44.060.D of the Bozeman Municipal Code states
“Street and intersection level of service “C” shall be the design and operational objective, and
under no conditions will less than level of service “D” be accepted. The LOS for these
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PT Land PUD Major Subdivision Preliminary Plat # P-06057
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intersections must be corrected prior to the issuance of building permits for any of this
development.
29. The traffic study submitted indicates that the intersection of Oak and N. 19th operates at a level
of service below a D. Since the traffic study was performed the intersection has had
improvements. Please reevaluate the intersection to confirm that intersection operates at or above
a LOS of D at all times. If the intersection remains at a LOS below a D the developer will be
required to make improvements to the intersection to correct the LOS.
30. Any public street rights of way for which easements have been provided shall be dedicated to the
City on the preliminary Plat for this subdivision.
31. A 10 foot wide asphalt pathway must be installed the length of the lot on the south side of the
property along Oak Street. This pathway must provide ADA approved access the entire length of
the lot.
32. The full width of Baxter Lane that fronts this proposed subdivision shall be improved to meet all
current collector standards. This includes but not limited to pavement, curb and gutter, and all
necessary signage and striping. The typical section used for the Baxter Lane improvements
should match the typical section used at the Lowe’s Subdivision directly west of this
development.
33. With the improvements to Baxter the developer will install sidewalk on the north side of the street
from the end of the existing sidewalk west of this development to N. 15th, where a pedestrian
crosswalk will be installed. The developer shall install the crosswalk with adequate signage,
striping, and lighting such that the intersection will provide safe passage for pedestrians. With
installation of this crosswalk the existing mid-block crosswalk west of this development will be
removed.
34. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
35. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final approval.
DATED THIS 21st DAY OF NOVEMBER, 2006 Resolution #P-06057
_____________________________ ____________________________
Andrew C. Epple, Planning Director JP Pomnichowski, President
Planning & Community Development Dept. City of Bozeman Planning Board
PT LAND
PRELIMINARY PLANNED UNIT DEVELOPMENT/
MAJOR SUBDIVISION SUBMITTAL
July 2006
Revised September 2006
Prepared by: Morrison-Maierle, Inc. 3011 Palmer Street Missoula, MT 59808 MMI#: 3948.004
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TABLE OF CONTENTS
1 INTRODUCTION...................................................................................................... 1
1.1 EXECUTIVE SUMMARY...............................................................................................1
1.2 REVIEW PROCESS OVERVIEW.................................................................................6
1.3 PROJECT PHASING ....................................................................................................9
1.4 IMPROVEMENTS AGREEMENTS...............................................................................9
1.5 DOCUMENT ORGANIZATION...................................................................................12
2 ENVIRONMENTAL ASSESSMENT/COMMUNITY IMPACT STATEMENT.......... 13
2.1 SURFACE WATER.....................................................................................................13
2.1.1 Mapping...............................................................................................................13
2.1.2 Description ..........................................................................................................13
2.1.3 Water Body Alteration .........................................................................................13
2.1.4 Wetlands .............................................................................................................13
2.2 FLOODPLAIN..............................................................................................................14
2.3 GROUNDWATER .......................................................................................................14
2.3.1 Depth...................................................................................................................14
2.3.2 Steps to Avoid Degradation.................................................................................15
2.4 GEOLOGY – SOILS – SLOPES .................................................................................15
2.4.1 Geologic Hazards................................................................................................15
2.4.2 Protective Measures............................................................................................15
2.4.3 Topography .........................................................................................................15
2.4.4 Soils Map.............................................................................................................15
2.4.5 Cuts and Fills.......................................................................................................17
2.5 VEGETATION.............................................................................................................17
2.6 WILDLIFE....................................................................................................................17
2.7 HISTORICAL FEATURES...........................................................................................18
2.8 AGRICULTURE...........................................................................................................18
2.9 AGRICULTURAL WATER USER FACILITIES ...........................................................18
2.10 WATER SUPPLY AND SEWAGE DISPOSAL............................................................18
2.10.1 Water Supply.......................................................................................................18
2.10.2 Sewage Disposal.................................................................................................19
2.10.3 Solid Waste Disposal ..........................................................................................19
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2.11 STORM WATER MANAGEMENT...............................................................................19
2.12 STREETS, ROADS AND ALLEYS..............................................................................19
2.13 UTILITIES....................................................................................................................30
2.14 EDUCATIONAL FACILITIES.......................................................................................30
2.15 LAND USE ..................................................................................................................30
2.16 PARKS AND RECREATION FACILITIES...................................................................32
2.17 NEIGHBORHOOD CENTER PLAN............................................................................32
2.18 LIGHTING PLAN.........................................................................................................32
2.19 MISCELLANEOUS......................................................................................................32
3 PUD APPLICATION.............................................................................................. 33
3.1 PUD SUBMITTAL REQUIREMENTS (SECTION 18.78.120, B).................................33
3.1.1 Document Requirements.....................................................................................33
3.1.2 Site Plan Requirements.......................................................................................37
3.1.3 Supplemental Plan Requirements.......................................................................37
3.2 INTENT OF PUD (RESPONSE TO 18.36.010, BMC) ................................................39
3.3 PUD CRITERIA (RESPONSE TO 18.36.090.E.2, BMC)............................................44
3.3.1 All Development Criteria......................................................................................44
3.3.2 Commercial PUD Required Criteria.....................................................................46
3.4 DEVELOPMENT GUIDELINES ..................................................................................48
LIST OF TABLES
Table 1 Phasing Schedule..........................................................................................................10
LIST OF FIGURES
Figure 1 Vicinity Map ....................................................................................................................4
Figure 2 Aerial Photo....................................................................................................................5
Figure 3 Street Sections .............................................................................................................26
Figure 4 Private Drive Option 1...................................................................................................27
Figure 5 Private Drive Option 2...................................................................................................28
Figure 6 Private Drive Option 3...................................................................................................29
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LIST OF APPENDICES
Appendix A Applications, Checklists and Relaxation Requests
Appendix B Platting Certificate and Adjacent Property Owners List
Appendix C Affected Agency Letters and Responses
Appendix D NRCS Soils Information
Appendix E Approved Noxious Weed Management Plan
Appendix F Wetlands Report
Appendix G Traffic Impact Study
Appendix H Covenants and Development Guidelines
Appendix I Sign Package
Appendix J Drawings
Preliminary Plat
Preliminary PUD Plan and American Federal Bank Site Plan
Landscape Plans
Architectural Drawings
Appendix K Response to Pre-application Comments
Appendix L Stormwater Master Plan and Supplemental Information
1
1 INTRODUCTION
1.1 EXECUTIVE SUMMARY
The proposed PT Land Subdivision consists of a phased 18-lot major subdivision together with
a commercial planned unit development (PUD) in Bozeman, Montana. The PT Land
subdivision will consist of five phases. Each phase has specific improvements required to serve
the phase. The 46.7 acre parcel (gross) is located north of Oak Avenue, south of Baxter Lane,
west of North 11th Avenue and east of North 15th Avenue. The project location is shown in
Figures 1 thru 3.
This project is located in portions of the Oak Street and Interstate 90 Entryway Corridors as
defined in 18.30.030 of the City of Bozeman Municipal Code (BMC). This designation requires a
reservation of 30 percent open space. The total percentage of open space provided by the
preliminary site plan for this project exceeds 30%, excluding building perimeters and
landscaped islands. Much of the open space is concentrated in the northwest and northeast
corners of the project in the form of stream/ditches and associated wetlands. The balance of the
open space is distributed in and around the development to provide the public with useable
open space including the landscaped greenway along Oak Street. In particular, the open space
area adjacent to the Walton Stream-Ditch and along Baxter Lane will be developed with a trail
system for the public to enjoy.
Landscaping and open space will soften the appearance of the subdivision. Landscaping along
Oak Street shall comply with the North 19th Avenue/Oak Street Corridor Entryway Guidelines.
Landscaping along Baxter Lane shall comply with the Interstate 90 Corridor Entryway
Guidelines. All other landscaping shall adhere to the BMC.
Several measures are planned to reduce real or perceived visual impacts. These measures
include locating all utilities underground; limiting light pole height to that permitted by code with
recessed fixtures to avoid excessive glare; and including color and style in the building design
guidelines to be approved by the City of Bozeman.
For the purposes of this report, the term “Applicant” shall refer to PT Land, the entity and/or
person with administrative control over the property affected by this planned unit development.
The landowner is Jerry Perkins.
2
The submitted site plan and preliminary plat provide, in combination, all of the site and adjacent
property information requested in the Bozeman Unified Development Ordinance. Additionally,
all of the development guidelines including covenants, building design guidelines, lighting
guidelines, signage guidelines and landscaping guidelines are included.
The Applicant and Landowner desire to secure approval of the phased subdivision, the
overarching PUD and the First American Bank site plan. Filing of subsequent subdivision
phases shall be subject to state and local regulations. Development of subsequent lots shall
require site plan approval through the City of Bozeman.
3
NORTH 7TH AVENUEPROJECT SITENORTH 19TH AVENUEINTERSTATE - 90TSCHACHE LANEWEST OAK STREETKENYON-NOBLELUMBERBRIDGER PEAKS TOWN CENTERBAXTER LANE
VICINITY MAP
PT LANDFIGURE 1
N
AERIAL
PT LANDFIGURE 2
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1.2 REVIEW PROCESS OVERVIEW
The application is for Approval of Initial Phase of the PUD – With Subsequent Phases Master
Planned and Subject to Development Guidelines as provided for in 18.36.070, BMC. The project
has received Concept Plan review. Approval is requested for the preliminary plat via subdivision
review, and the PUD master plan and developmental guidelines via PUD zoning review. The
PUD zoning review is being requested for the phased project under the procedures outlined in
the BMC, which allows for approval of the initial phases of a project and the approval of a
project master plan with development guidelines that control the development character of
future phases.
Preliminary approval is requested for the 18 lots proposed in Phases I through S via the
subdivision review process. The Lot 1, Block 9 is intended for a hospitality use (hotels, resort,
etc.) with two adjoining open space lots while the remaining 15 lots are intended for retail sales,
wholesale sales, and service businesses. The design and character of the buildings are defined
by the site plan, the landscaping plan and the developmental guidelines. The approved PUD,
including the development guidelines, will control future development of these lots/phases.
Because of the project’s location within the North 19th Avenue/Oak Street and Interstate 90
Entryway Corridors, it is subject to a higher level of review than many projects. The site is
subject to review requirements from each of the following:
• The Bozeman 2020 Community Plan
• The North 19th Avenue/Oak Street Corridor Master Plan
• The City of Bozeman Unified Development Ordinance (UDO)
• Design Objectives Plan for Entryway Corridors
The North 19th Avenue/Oak Street Corridor Master Plan requires that this project undergo PUD
review. Additionally, this project requests the following variances and Bozeman City Council
actions. A detailed breakdown of the requests are located in Appendix A of this application
package.
• 18.44.060 Street Improvement Standards: A variance to construct North 15th
Avenue to a collector standard within a 65-foot easement between Patrick Street
and Tschache Lane. A 42-foot back-of-curb to back-of-curb section is proposed
7
with sidewalk on the east side only. This request is based on the City of
Bozeman’s decision to terminate North 15th Avenue at Tschache Lane and to
construct a 65-foot wide collector standard versus a 90-foot collector as shown in
the City’s current transportation master plan update. The existing portion of
North 15th Avenue between Oak Street and Patrick Street was previously
approved to this variance standard in the Bridger Peaks PUD.
• The applicant, PT Land is requesting concurrent construction of infrastructure
improvements and issuance of building permits via Section 18.74, BMC. The
applicant desires to enter into an improvements agreement with the City to permit
the filing of the Final Plat and the Final Site Plan to begin concurrent construction
of Building 1 and the infrastructure improvements for Lot 1 (= Phase 1.)
• The applicant is requesting an exemption to subdivision and infrastructure review
by the Montana Department of Environmental Quality (DEQ). This request does
not affect DEQ review for permits not strictly related to the water and sewer
infrastructure. These permits might include stream turbidity (3A) permits and
Stormwater Discharge permits.
• 18.44.080.A General: The applicant is requesting a variance to allow a
meandering 10-foot asphalt trail rather than a City standard concrete sidewalk on
the south side of Baxter Lane. It is further requested that a sidewalk/trail not be
constructed on the north side of Baxter Lane, which is adjacent to Interstate 90.
• 18.44.010.B Relation to Developed: The applicant is requesting a variance to
allow the construction of a 30-foot wide private drive to serve as the connector
between Tschache Lane and Baxter Road in lieu of a public road. Three private
access road options are included to show possible scenarios depending upon the
development pattern in Block 4. Each option acts as a public road with direct
connection between Baxter and Tschache and connections to adjacent parking
provided by driveways.
8
• 18.44.010 E Dead-End Streets: Request is to allow Tschache Lane to be
terminated east of Walton’s Stream/Ditch. See Section 2.12 of this report for a
full description of the request.
• 18.42.040.B Block Length: The block lengths will conform to existing and
proposed street networks and will also conform to existing development patterns
established on adjoining properties, therefore our request is to permit the
establishment of blocks exceeding 400 feet in length. We are also requesting that
Block 4 be permitted to exceed 1320 feet in length due to its irregular shape, the
presence of extensive wetlands along two watercourses and the desire to
maintain a single consolidated parcel that has been designated as a site for
hospitality/convention center uses. Larger lots with single and multiple uses
already exist on the adjoining properties and this relaxation will not cause any
harm to the public welfare. Additionally Block 4 will be served by 4 trails and at
least one private access drive.
• 18.42.040.B Block Width: The block widths will conform to existing and proposed
street networks and will also conform to existing development patterns
established on adjoining properties, therefore our request is to permit the
establishment of blocks exceeding 400 feet in width.
• 18.42.040.D Rights-of-Way for Pedestrians: The block lengths will conform to
existing and proposed street networks and will also conform to existing
development patterns established on adjoining properties. Our request therefore
is to permit the establishment of Block 3 which exceeds 600 feet without a
pedestrian right-of-way.
• 18.42.100.B.6.a Watercourse Setback: We are requesting a relaxation of the
definition of Zone 1 and Zone 2 to permit the installation of storm water detention
ponds into a portion of Zone 1. We are intending to construct within the 50-foot
setback to the wetlands that border the watercourses, but comply with the
underlying Zone 1 adjacent to the watercourses, maintaining a 30-foot separation
from the stream/ditches.
9
• 18.42.100.B.3.c Watercourse Setback: The request is to reduce the setback from
the actual watercourse 50 to 35 feet along Walton Stream/Ditch south of
Tschache Lane to allow for the routing of North 15th Avenue.
In keeping with open space requirements set forth by the City of Bozeman, at least 30% of the
site will be retained for open space and shall be appropriately landscaped by a landscape
architect familiar with the City’s requirements. Shelly Engler of Cashman’s Nursery has provided
the Landscape Development Guidelines (Appendix H) and Landscape Plan (Appendix J).
1.3 PROJECT PHASING
The PT Land Subdivision will be developed in five phases. The phase boundaries are shown on
the Preliminary Site Plan in Appendix J. Subdivision improvement agreements will be requested
in accordance with the BMC to allow filing of the Final Site Plan and Final Plat(s), issuance of
building permits and concurrent construction of the improvements.
In general, the development schedule will follow the proposed phasing. Construction is
anticipated to begin in the spring of 2007, with occupancy of Lot 1 in late 2007. The remaining
lots will be developed in subsequent phases. Infrastructure improvements including drainage,
water, sewer and parking will be installed as needed by the phasing and construction sequence.
Landscaping of the open space setbacks along streets and interior parking islands, and
installation of pedestrian circulation facilities will be completed as needed for each phase.
Landscaping of the building pad and open space areas will be completed along with the
construction of the individual structures. Table 1 outlines the general sequence anticipated for
installation of improvements.
1.4 IMPROVEMENTS AGREEMENTS
Improvements agreements in accordance 18.74, Improvements and Guarantees will be required
for the proposed development. Following preliminary approval, the specifics and timing of
required site and infrastructure improvements will be coordinated with the City Planning and
Engineering Departments.
10
Table 1 Phasing Schedule
Phase Lot Proposed Improvements
1 Block 1
Lots 1-5
• Patrick Street between North 14th Avenue and North 15th Avenue.
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Water connection to Tschache Lane system to include Pressure Reducing Station in access road on north side of Lot 1 (bank site), Block 1.
• Regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4.
• Storm water collector pipe through Phase 1 to regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4. Temporary swale may be installed through Block 2 and Block 4.
4 Block 2
Lots 1-4
• Tschache Lane between North 15th Avenue and North 14th Avenue.
• North 15th Avenue between Patrick Street and Tschache Lane.
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Water service provided by connection to Tschache Lane for Lot 2, Block 2. Lot’s 1, 3 and 9, Block 2 connect to extensions constructed during Phase I.
• Regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4.
• Storm water collector pipe to regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4. Pipe to extend to south boundary of Block 2.
2 Block 3
Lots 1-3
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Main extensions from Tschache Lane water system. Stand alone alternative is to extend mains between Lots 4 & 5 and Lots 5 & 6, Block 3 to serve Lots 1 – 3, Block 3. Dependent alternative eliminates main between Lots 4 & 5 if Phase 1 improvements already in place. All mains to be in easements or roadways.
• Regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4.
• Storm water collector pipe to regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4. Pipe to serve all of Phase 2. Temporary swale may be installed through a portion of Block 2 and Block 4.
11
Phase Lot Proposed Improvements
3 Block 3
Lots 4-6
• Tschache Lane improvements between North 14th Avenue and North 11th Avenue.
• North 14th Avenue between Tschache Lane and Patrick Street.
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Main extensions from Tschache Lane water system. Stand alone alternative is to extend mains between Lots 4 & 5 and Lots 5 & 6, Block 3 to serve Lots 1 – 3, Block 3. Dependent alternative eliminates main between 4 & 5 if Phase 1 improvements already in place. All mains to be in easements or roadways.
• Regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4.
• Storm water collector pipe to regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4. Pipe to serve all of Phase 3, (Block 3).
5 Block 4
Lots 1-3
• Baxter Lane improvements adjacent to subject property.
• Tschache Lane improvements between North 15th Avenue and North 11th Avenue.
• Water to be pulled from Tschache System and looped through Lot 1 Block 4.
• Regional detention facilities, in Lots 2 and 3, Block 4.
• Sewer connection to Baxter Lane sewer to serve Block 4, Lot 1 only.
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1.5 DOCUMENT ORGANIZATION
This application is organized as a single document to minimize the duplication of information
required for the 18-lot major subdivision, zoning PUD, First American Bank site plan and
entryway district applications. The objective is to create one cohesive application. The
information required in the Environmental Assessment/Community Impact Statement (EA/CIS)
per BMC 18.78.060 is presented first. This information is followed by narration and graphics
that respond to the requirements of PUD review. Where appropriate, the narration involving the
PUD application refers back to specific sections in the EA/CIS. A specific application and
narration for a Certificate of Appropriateness in an entryway corridor, BMC 18.30, Entryway
Overlay District, will not be provided separately. The issues and concerns addressed in BMC
18.30, Entryway Overlay District, have all been addressed within the PUD proposal.
Several appendices consisting of applications and design reports are referenced throughout the
document. Specifically, the applicant’s responses to Preapplication Plan review comments are
included in Appendix K and PUD application and checklist and preliminary plat application
checklist and the “Relaxation Requests” are located in Appendix A. Other supplemental
documents required by the City of Bozeman include adjacent property owners list and affected
agency letters and responses. These documents are included in Appendices B and C,
respectively. The platting certificate is located in Appendix B.
13
2 ENVIRONMENTAL ASSESSMENT/COMMUNITY IMPACT STATEMENT
2.1 SURFACE WATER
2.1.1 Mapping
The subject property contains two surface water features: Walton’s Stream/Ditch and
Mandeville Creek. Walton’s Stream/Ditch runs along the northern portion of the western
boundary of the subject property. Mandeville Creek runs along the northern portion of the
eastern edge of the subject property. Both Walton’s Stream/Ditch and Mandeville Creek are
shown on the Preliminary Site Plan located in Appendix J.
2.1.2 Description
Walton’s Stream/Ditch is the result of Walton’s Ditch and Farmer’s Canal merging to the west of
the intersection of North 15th Avenue with Oak Street. The convergence of these two hydrologic
sources marks the terminus of the Farmer’s Canal. The channel that continues is designated as
a “stream/ditch combination” and is referred herein as Walton’s Stream/Ditch. Walton’s
Stream/Ditch flows north under Interstate-90 and confluences with Mandeville Creek.
Mandeville Creek is tributary to the East Gallatin River.
All construction, including buildings, sewer systems and streets, generally meet the set back 50
feet from Walton’s Stream/Ditch and Mandeville Creek water courses setback requirements to
facilitate construction of these facilities. The exceptions are portions of North 15th Avenue, the
storm water detention facilities and the build out of Tschache Lane.
2.1.3 Water Body Alteration
No alteration of water bodies are thought necessary at this time. Alterations may be required by
regulatory agencies to complete the crossing of Walton’s Stream/Ditch and connect to North
15th Avenue on Tschache Lane.
2.1.4 Wetlands
A wetlands investigation for the subject property was completed in 2005. This investigation
resulted in the delineation of seven wetlands. The total acreage of the seven wetlands is
approximately 6.36 acres. Six of the seven wetlands are jurisdictional based on their hydrologic
connection to waters of the U.S. The seventh wetland is considered “likely jurisdictional”, with
the ultimate decision to be made by the U.S. Army Corps of Engineers field staff. For this
14
project the seventh wetland is being treated as jurisdictional. For further information see the
project wetlands report in Appendix F.
2.2 FLOODPLAIN
The proposed project is not located within a Federal Emergency Management Agency (FEMA)
designated floodplain. The Flood Rate Insurance Map (FIRM) covering the project area is Panel
# 30002800007C which was not printed by FEMA, indicating that no floodplain study was
completed in this area. The engineer’s design project report and construction documents will
address potential flooding along the previously mentioned water courses during the design of
infrastructure and buildings.
2.3 GROUNDWATER
2.3.1 Depth
Information obtained from the Montana Bureau of Mines and Geology (MBMG) Groundwater
Well Information Center (GWIC) and previous site experience indicates groundwater depths in
the project area are shallow. Static water levels from wells adjacent the project site range from 3
feet to 12 feet below ground surface.
Additional sources utilized in determining groundwater levels for the project area include the
following: Report of Geotechnical Investigation, for Bridger Peaks Village (Maxim Technologies,
Inc. June 2003) and Final Phase Remedial Investigation Report, Bozeman Solvent Site (Nicklin,
Earth, and Water, Inc. February 1998). Both reports tested soils in close proximity to the
present project and provide relevant and representative groundwater data. The first report
utilized data from a series of drill holes on the Bridger Peaks Village site. The test holes
revealed ground water at a depth of 3.5 to 4.0 feet throughout the development. The second
report analyzed monitoring well data to determine the hydraulic gradient for the adjacent Bridger
Peaks Town Center. This analysis concluded the local water table slopes to the north.
Minimum recorded depths to the water table occurred in June 1994 with depths below ground
surface of 7 feet along North 19th Avenue and 1.5 feet along what is now North 15th Avenue.
Maximum recorded depths to the water table occurred in October 1997 with depths below
ground surface of 11 feet along North 19th Avenue and 5.5 feet along what is now North 15th
Avenue.
15
2.3.2 Steps to Avoid Degradation
Because the PT Land Subdivision will be serviced by municipal sewer connections, traditional
septic tank and drainfield systems are not required. Therefore, the threat of groundwater
degradation from onsite sewage disposal is nonsignificant.
2.4 GEOLOGY – SOILS – SLOPES
2.4.1 Geologic Hazards
According to Section 1113.0, Eatherquake Load, of the B.O.C.A. National Building Code, 1990
Edition, this property is located within Seismic Zone 3, which generally corresponds to Seismic
Design Category D of the 2000 International Building Code (IBC). Seismic zones are ranked
from 1 to 4 with Seismic Zone 0 having the lowest earthquake potential and Zone 4 having the
greatest earthquake potential.
2.4.2 Protective Measures
Buildings will be designed to withstand earthquake loads in accordance with all applicable
regulations. Additionally, all utilities will be buried, reducing the risk of property damage or
personal injury in the event of a catastrophe.
2.4.3 Topography
Based on the NAVD 88 vertical datum, site topography gradually drops from approximately
4738 feet in the southeast to 4708 feet in the northwest, with slopes averaging 1.1 percent.
There are no slopes exceeding 15 percent.
2.4.4 Soils Map
Soils information from the Natural Resources Conservation Service (NRCS) indicates that the
site has four different soils types. These soil types and their approximate distribution are listed
below. NRCS soils information and a soils map is provided in Appendix D.
Soil Type Acres Percentage Of Site
Blackdog Silt Loam 15.0 32
Saypo Silt Loam 17.0 36
Enbar Loam 10.5 23
Blossberg Loam 4.2 9
16
The Blackdog soil unit is a well-drained, silty loam derived from calcareous loess. In the project
area, it occurs on old stream terraces with 0 to 4 degree slopes. The Saypo Silt Loam also
occurs on old stream terraces with slopes from 0 to 2 percent. The Saypo soil unit is somewhat
poorly-drained and is derived from a loamy alluvium parent material. The Enbar Loam was
deposited in a floodplain geologic environment. The Enbar unit occurs on slopes of 0 to 4
percent and is somewhat poorly-drained. The Blossberg Loam is a poorly drained, hydric soil
with a seasonally high water table. In the project area, the Blossberg Loam is localized near the
Walton Stream/Ditch and Mandeville Creek.
The native soils present physical constraints to development that is typical in the Bozeman area.
Both the silt loam and loam soil types within the project area present moderate development
limitations. The Blackdog loam presents moderate limitations due to its low strength, potential
for frost action, and the presence of compressive clays. The Blossberg loam also presents
limitations due to potentially high groundwater and moderate shrink-swell potential.
All of the limitations described above have been dealt with successfully on past projects with the
use of accepted engineering practices. Typical mitigation efforts for these soil characteristics
include excavating out the undesirable soil until gravel is reached when installing the building
footings. The contractor will be expected to adhere to specific foundation design criteria as
identified in the geotechnical investigation findings. Criteria shall include provisions for
pier/footing design by a professional engineer based on site-specific soils information.
Design of storm water drainage facilities will consider different soil types, plant species, and the
potentially shallow water table. Additionally, specific design considerations are given to the
stream/ditch corridor design.
Design of all streets and parking lots will follow accepted engineering practices to determine
structural sections and the use of separation fabrics based on soil conditions and traffic
requirements.
Well points will be used to dewater the site during construction to insure that underground
utilities, building foundations and pavement structural sections are properly constructed to
prevent settlement or failure.
17
2.4.5 Cuts and Fills
Due to the proximity of Walton’s Stream-Ditch and the presence of high groundwater, cuts over
3-feet are not planned for this site. On the other hand, fills greater than 3-feet are anticipated.
All significant fill sections will be graded and then compacted to engineered specifications.
Topsoil will be placed in fill sections located in open space areas and reseeded to reduce
erosion. Best Management Practices (BMPs), including silt fences, will be utilized to reduce
erosion. Please reference the Preliminary Grading and Drainage Plan located in Appendix J to
see existing versus proposed contour information.
2.5 VEGETATION
The 46.7-acre subject property is dominantly comprised of grain cropland and grassland
pasture. Upland species include wheatgrass, quackgrass, spotted knapweed, and dandelion. In
addition, areas of wetland vegetation were found along the two riparian corridors. Wetland
species include reed canary grass, field mint, beaked sedge, and broad-leaf cattail.
The riparian corridors will be retained as open space. The goal is to have the stream/ditch
resemble a true stream corridor. This objective will be met, in part, by the landscaping plan of
the present project.
2.6 WILDLIFE
The project area does not serve as a critical game range nor does it currently support any
observable endangered species. The site’s history of agricultural use and intermittent/seasonal
hydrology sources, limit the quantity and variety of wildlife. The goal is to increase the wildlife
variety and sustainability by retaining open space and enhancing the existing riparian corridor.
Impacts are to be mitigated through the preservation and enhancement of riparian corridors in
accordance with the applicable NRCS 310 permits, Army Corps of Engineers 404 permits, and
comments from the Montana Department of Fish, Wildlife and Parks.
A letter soliciting comment from Montana Fish Wildlife and Parks (FWP) was sent in April 2006
regarding this project. The FWP comments were to minimize any activity near surface waters
and avoid situations that might deliver pollutants to surface waters.
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2.7 HISTORICAL FEATURES
During the initial development of PT Land PUD, the Montana Historical Society was contacted
for information on cultural resources on or near the project site. According to the Montana
Historical Society, there have been no previously recorded historical sites in the project area.
The absence of any cultural properties in the area does not mean that they do not exist but
rather may reflect to absence of any previous cultural resource inventory in the area. The
Montana Historical Society believes there is a low likelihood cultural properties will be impacted
by the present project and feels a recommendation for a cultural resource inventory is
unwarranted. However, if cultural materials are encountered during construction, a qualified
cultural resource specialist will be contacted for their recommendation. A correspondence letter
from the Montana Historical Society is found in Appendix C.
2.8 AGRICULTURE
The current project encompasses 40 acres of what is now agricultural land. The projects four
soil types are not listed among the Bozeman Area soil types most suitable for agriculture in the
North 19th Avenue/Oak Street Corridor Master Plan.
2.9 AGRICULTURAL WATER USER FACILITIES
Mandeville Creek and Walton’s Stream/Ditch are the hydrologic sources in the project area that
serve this function. The ability of these courses to transfer water to downstream users will be
protected. Release of detained stormwater will not affect downstream properties or agricultural
facilities.
2.10 WATER SUPPLY AND SEWAGE DISPOSAL
2.10.1 Water Supply
Water for domestic use, irrigation and fire protection will be provided through connection to the
City of Bozeman Public Water System. Pressure reducing valves may be necessary at a few
water service connections within the development to control excessive pressures.
As shown on the Preliminary PUD Plan, a connection from the Oak Street pressure zone
Tschache Lane pressure zone. This connection includes a pressure reducing station near Lot 1,
Block 1. From there, the proposed water main runs north through the center of Block 1, east
along Patrick Street and the north in North 14th Avenue to the tie-in at Tschache Lane.
19
2.10.2 Sewage Disposal
Sewage from PT Land Subdivision will be disposed of via gravity sewer connected to the City of
Bozeman Municipal Wastewater System. The gravity main will collect wastewater from each
building within the PUD and gravity flow into a main lcoated within North 14th Avenue and
Tschache Lane. The existing main is 8-inches in diameter,
2.10.3 Solid Waste Disposal
Solid waste generated by the PT Land Subdivision will be collected by Allied Waste Services.
Allied Waste Services currently provides commercial garbage service in the immediate vicinity
of this proposed subdivision. They foresee no problem in providing service to the businesses
located within this proposed subdivision. A correspondence letter from Allied Waste Services is
found in Appendix C. Prior to collection, solid waste will be staged in trash enclosures. The
trash enclosures will be constructed to development guideline standards.
2.11 STORM WATER MANAGEMENT
Reference Appendix L for the Stormwater Management Plan.
2.12 STREETS, ROADS AND ALLEYS
Description
Road installation and improvements will be required to service the proposed lots and to move
the public through the subdivision in a controlled and uniform method. Roads are designed in
accordance to the Greater Bozeman Area Transportation Plan 2001, and other associated
corridor plans. Access to the subdivision will be from Oak Street, North 11th Avenue and Baxter
Lane. Roads internal to the subdivision include North 14th Avenue, Patrick Street, North 15th
Avenue and Tschache Lane. Road and intersection improvements and their impacts are
included in the following discussion.
North 15th Avenue
The subdivision is accessible from the south via North 15th Avenue and North 14th Avenue.
North 15th Avenue currently extends from Oak Street and ends in a cul-de-sac two blocks north.
There are existing sidewalks on the west side of North 15th Avenue.
The improvements to North 15th Avenue include adding a sidewalk to the east side of the
existing road, removing the cul-de-sac and continuing the road northward to Tschache Lane.
20
The new portion of North 15th Avenue will have sidewalks installed on the east side of the road
only.
The extension to North 15th Avenue will follow the existing road as approved in the Bridger
Peaks Village PUD. The existing portion of North 15th Avenue has a 42-foot back-of-curb to
back-of-curb asphalt section, 5.5-foot boulevards, and a 5-foot sidewalk on the west side. A 5-
foot wide sidewalk will be added to the east side of North 15th Avenue.
Planned curb cuts along the east side of the existing North 15th Avenue will provide entrances to
Block 1. Two entrances for Lot 1 will enable the parking lot to the bank to be separate from the
drive-thru. The balance of the lots accessing North 15th Avenue are planned for single
driveways only but this may be modified during site plan review given that they meet the
development requirements within the BMC. The extension to North 15th Avenue will terminate at
a “Tee” intersection with Tschache Lane. North 15th Avenue will deviate to the east to avoid
impacts to Walton’s Stream/Ditch. The alignment shown will generally create a buffer between
Walton’s Stream/Ditch and the road surface.
North 14th Avenue
North 14th Avenue currently extends two blocks north from Oak Street to the intersection with
Patrick Street. Block 1 lies west of North 14th Avenue while Kenyon-Noble Lumber lies to the
east. North 14th Avenue has a current asphalt width of 35 feet from back-of-curb to back-of-
curb, 6.5-foot boulevards and 5-foot wide sidewalks on both sides.
The improvements to North 14th Avenue include extending the current road profile north to
intersect with the future Tschache Lane. This extension will allow access to Blocks 2 and 3.
A private road will continue north of Tschache Lane through Lot 1 Block 4 connecting Tschache
Lane with Baxter Lane.
Patrick Street
Patrick Street is one of two east-west streets that provide access to the subdivision. Patrick
Street currently extends from North 11th Avenue to North 14th Avenue. This three-block stretch
of road currently provides access to Kenyon Noble Lumber and will provide access to Lots 1, 2
and 3 Block 3 of the PT Land Subdivision.
21
The improvements to Patrick Street include extending the current road profile west to intersect
with North 15th Avenue. The existing road profile consists of a 35-foot back-of-curb to back-of-
curb width along with 6.5-foot wide boulevards and 5-foot wide sidewalks.
Tschache Lane
The second east-west road serving the subdivision is the proposed Tschache Lane. Tschache
Lane currently exists as a signalized intersection at North 19th Avenue that provides access to
Home Depot to the west and to Bridger Peaks Town Center and Lowe’s to the east of North 19th
Avenue. This project intends to construct Tschache Lane as part of Phases 3 or 4.
In accordance with Section 18.66.070A, we are requesting a variance to the following:
Section 18.44.010 E. Dead-End Streets. Tschache Lane shall be terminated in a dead-end near
the west property line. The Landowner is willing to enter into an agreement with the adjoining
landowner, Philip Saccoccia, Jr., to cause Tschache Lane to be extended to the west and to
construct the crossing of Waltons Stream-Ditch. The cost of construction of the roadway would
be shared on a pro-rata frontage basis with the cost of the bridge/culvert crossing shared on a
50-50 basis. The Landowner cannot, without the cooperation of the adjoining landowner cause
Tshcache Lane to be extended across Walton Stream-Ditch and therefore is requesting relief
from this section.
The granting of this variance will not be detrimental to public health and safety or injurious to
other property owners. Turn-around access is provided at the connection of North 15th Avenue
with Tschache Lane. The variance, if granted, will not increase public costs since the
Landowner’s will pay for their share of the construction of Tschache Lane. The lack of
necessary easements and the proximity of the Walton Stream-Ditch form the basis of this
request. With the City of Bozeman’s blessing, the Landowner will work toward development of
an agreement and a plan to extend Tschache Lane which may include the creation of an SID to
accomplish this purpose.
22
Private Access Road in Block 4
A 30-foot wide private access street is proposed to connect Tschache Lane with Baxter Lane.
The preferred alternatives are presented in Figures 4, 5 and 6. The preferred alternative Option
1, connects North 19th Avenue to Baxter Lane.
The extension of Tschache Lane will follow the road profile of the existing Tschache Lane east
of North 19th Avenue. The existing profile consists of a 37-foot back-of-curb to back-of-curb
driving surface with 5.5-foot boulevards and 5-foot sidewalks. The proposed extension will have
a sidewalk on the south side of the road only. A trail system on the north side of Tschache
Lane will provide pedestrian access along Tschache Lane and connections to Baxter Lane.
Tschache Lane will provide access to Blocks 2, 3 and 4. Due to the size of the lots fronting
Tschache Lane, multiple entrances may be needed from Tschache Lane.
Baxter Lane
Baxter Lane, designated a minor arterial, is a 24-foot wide paved road that borders the north
end of the PT Land Subdivision. No sidewalks exist along Baxter Lane. Phase 5 will require the
buildout of Baxter Lane to a 3-lane minor arterial with bike lanes and curb and gutter. A
sidewalk/trail will provide pedestrian access along the south side of Baxter. No sidewalk is
proposed on the north side adjacent to I-90.
Access to Arterials by Lots
PT Land will not have direct access to arterial roads except for Block 4, which will access Baxter
Lane in addition to internal collector streets. Access to arterial roads will be acquired from
North 14th and 15th Avenues, from Patrick Street and from Tschache Lane. From these
collectors, the public can access Oak Street or North 7th Avenue directly and North 19th Avenue
from Oak Street or Baxter Lane.
Modification of Existing Streets or Roads
Oak Street was widened in anticipation of this project during improvements for the Kenyon
Noble facility. As mentioned above, Baxter Lane will be reconstructed to a 3-lane section.
Improvements to North 11th Avenue will include the addition of a sidewalk along the west side
between Patrick Street and Tschache Lane. A sidewalk currently exists along North 11th
23
Avenue between Patrick Street and Oak Street. A trail system through Block 4 will carry
pedestrians from Tschache Lane to Baxter Lane.
Dust
All of the streets, parking lots and private drives proposed for this project are required to be
paved, thus dust will not pose a problem upon completion. Dust created during construction will
be controlled in accordance with the standard practices described in the Montana Sediment and
Erosion Control Handbook.
Pollution and Erosion
Street maintenance will be performed by the City of Bozeman in accordance with the City’s
standard operating procedures and maintenance requirements. Any surface runoff will be
treated by on-site detention ponds, which will collect runoff from the site as shown on the
Grading and Drainage Plan located in Appendix J. The terrain on the proposed site is gentle
and erosion is not anticipated to be a problem. Sediments resulting from construction will be
controlled in accordance with the standard practices described in the Montana Sediment and
Erosion Control Handbook. Control of construction-related dust and sediment accumulations
will be required as part of all contracts.
Installation and Maintenance
All proposed improvements are to be installed by the Applicant with private funds. All internal
parking will be serviced and maintained by the individual lot owners. The maintenance of
dedicated streets will be provided by the City of Bozeman. Funds generated by street taxes will
help finance the City’s maintenance costs.
Traffic Generation and Capacities
See Traffic Impact Study in Appendix G. The recommendations call for the future signalization
of N. 15th Avenue at Oak Street and the monitoring of conditions at the intersection of N. 14th
and Oak Street with possible future improvements at this intersection. As part of the mitigation
of increased traffic generated by this project, PT Land agrees to waive their right to protest the
creation of SID’s to construct the necessary signal improvements at the intersection of N. 15th
Avenue and Oak Street and future intersection improvements at N. 14th Avenue and Oak Street.
24
Pedestrian Circulation
Pedestrian circulation is addressed through a network of sidewalks and trails within and around
the subdivision. These proposed internal sidewalks and trails provide access to the adjacent
businesses and trail systems. The internal sidewalks join the perimeter sidewalks that provide
access to all of the open spaces within the community and to businesses and amenities along
North 19th Avenue.
Parking
Parking will be provided for on a lot-by-lot basis. Off street parking numbers and designed will
comply with the BMC. On-street parking shall be discouraged to the greatest practical extent by
PT Land PUD.
'
306 West Railroad St.,
Ste.#105
Missoula, MT 59802
Phone: (406) 542-8880
Fax: (406) 542-0009
SHEET NUMBER
PROJECT NUMBER
DRAWING NUMBER
DRAWN BY:
CHK'D. BY:
APPR. BY:
DATE:
Q.A. REVIEW
DATE:BY:
COPYRIGHT MORRISON-MAIERLE, INC.,2006
VERIFY SCALE!
THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING.
MODIFY SCALE ACCORDINGLY!
REVISIONS
DATEDESCRIPTIONNO.BY
M:\3948\004\ACAD\EXHIBITS\ROAD CROSS SECTIONS_072406.DWG PLOTTED BY:MOCONNELL ON Sep/14/2006
3948.004
1
1
BOZEMAN MONTANA
MJO
MRS
MRS
09/12/06
PT LAND APPLICATION
STREET SECTIONS
BAXTER LANE
NORTH 15TH AVENUE
FUTURE TSCHACHE LANE
PATRICK STREET FUTURE N14TH AVENUE
FIGURE 3
PRIVATE DRIVE
NOTE:
FUTURE TSCHACHE LANE
BAXTER LANE PRIVATE ACCESS ROADOPTION 1
BAXTER LANE
FUTURE TSCHACHE LANE12(OPEN SPACE)3(OPEN SPACE)PRIVATE ACCESS ROADOPTION 2
FUTURE TSCHACHE LANE
12(OPEN SPACE)3(OPEN SPACE)BAXTER LANE PRIVATE ACCESS ROADOPTION 3
30
2.13 UTILITIES
Affected Utilities:
The utility companies affected by the current project have received preliminary plat drafts of this
project for review. The Northwestern Energy Company, Qwest Communications, and Bresnan
Communications currently provide electric, gas, and telephone service to the adjoining
properties and thus, are able to provide services for the current project. A correspondence
letter from Northwestern Energy, displaying requested easement and conduit locations is found
in Appendix C. It is anticipated that other utility companies will also be able to provide services,
such as cable, to this project. Easements are provided in the proposed development to allow
for the standard installation of utilities. Utilities may also be placed within the Greenway
Corridors and along all subdivision roads.
2.14 EDUCATIONAL FACILITIES
This development is intended for commercial purposes only. The development will have
minimal impact on the school system.
2.15 LAND USE
Planning and Zoning:
The project area was annexed into the City of Bozeman corporate limits in 1986. The property
was subsequently zoned as a Community Business District (B2) and designated as Regional
Commercial by the Bozeman 2020 Plan.
The intended uses of the PT Land commercial subdivision include financial institutions, retail,
office space and guest accommodations. These uses are highlighted as “Principal” use in the
B2 Community Business District.
The proposed project corresponds with the Bozeman 2020 Plan, the North 19th Avenue/Oak
Street Corridor Master Plan, and the Bozeman Zoning Ordinance. Listed below is a summary of
the adjacent uses and their respective master plan designations and zoning classifications.
31
Location of Adjacent Property Master Plan Designations Zoning Existing Uses
North of Site Light Manufacturing M-1 Vacant
East of Site Regional Commercial and Services
B-2 Vacant
South of Site Residential/Business Park R-O Mobile Home Park & Proposed Residential Subd.
West of Site Regional Commercial and Services B-2 Affordable Senior Housing
Public Lands:
With the exception of public road right-of-way, there are no existing public lands within the
project boundary or on adjacent properties. The nearest tracts of public land are located on
Oak Street (Rose Park), north of Baxter Lane and east of Simmental Way (State Lands).
Access to these public lands will not be affected by the current proposal.
Adjacent Land Use:
The area surrounding the current project is in transition from agricultural land use to commercial
use as discussed in the Bozeman 2020 Plan. This proposal would be compatible with the
Bozeman 2020 Plan and its stated goal of providing a community business district with a broad
range of mutually supportive retail and service functions.
Hazards and Nuisances:
The current project area and adjacent properties do not contain any naturally occurring hazards
or nuisances. The only known hazard for the project area is its location within the Bozeman
Solvent Site plume. Research indicates the plume has continued to diminish in intensity with
time and distance from the facility. As of 2002, the majority of the project area is within the “less
than 5 parts per billion” plume. Contaminants from the plume do not present a hazard to the
proposed land uses on the project site; however, excavation for utility trenches and/or building
foundations that penetrate ground water levels may require special consideration. During
construction of utility trenches along West Oak Street and within Bridger Peaks Town Center,
32
dewatering was safely and successfully conducted. Similar trenching and dewatering
techniques would be employed on this site.
2.16 PARKS AND RECREATION FACILITIES
Because the project area is zoned within the Community Business District, a park dedication is
not required. The project will comply with the North 19th Avenue/Oak Street Corridor Master
Plan and the requirements regarding the retention of open space. A portion of this open space
corridor is along the Walton’s Stream/Ditch , Mandeville Creek and the wetlands along Baxter
Lane. Trails are proposed for the open space corridors creating a recreational amenity for the
public. The open space would be privately owned and maintained by the owners association.
2.17 NEIGHBORHOOD CENTER PLAN
This project does not contain a neighborhood center.
2.18 LIGHTING PLAN
See Appendix J for preliminary lighting layout and type of lighting elements. All lighting will
comply with the City of Bozeman regulations. This project will also comply with all current street
lighting regulations.
2.19 MISCELLANEOUS
Public access will be provided through a network of sidewalks and trails. No State lands, City
lands or parks will be impacted by this project.
Section 2.15 describes the Bozeman Solvent Site, which is the only known hazard at the project
site.
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3 PUD APPLICATION
3.1 PUD SUBMITTAL REQUIREMENTS (SECTION 18.78.120, B)
This section outlines submittal requirements (Document Requirements, Preliminary Site Plan
Requirements, and Supplemental Requirements) for preliminary plan submittals. This section
follows Section 18.78.120.B of the UDO and follows the PUD checklist.
3.1.1 Document Requirements
1a. Application forms:
The PUD, Site Plan and Preliminary Plat application forms are in Appendix A.
1b. List of all general and limited partners and/or officers and directors of the corporation
involved as either applicants or owners of the planned unit development:
Owner/applicant: PT Land
c/o Jerry Perkins
511 N. Wallace Avenue
Bozeman, MT 59715
1c. Statement of planning objectives, including:
1c (1) Statement of applicable City land use policies and objectives achieved by the proposed
plan and how it furthers the implementation of the Bozeman growth policy:
Additional information is provided in Section 3.2, which addresses the requirements of
18.36.010 - Intent of Planned Unit Development. The following table lists goals and objectives
from the Bozeman 2020 Plan that this project promotes:
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OBJECTIVE DESCRIPTION
4.9.1.3 Entryway corridors Provide pleasing development along Bozeman’s entryway
corridors.
4.9.1.6 Develop within the City Commercial development within the existing City limits.
4.9.2.6 Integrate Open Lands Over 30% of the project will be open lands including natural
areas and greenways.
4.9.4.1 Public Landscaping Landscaping will be in accordance to the North 19th Avenue
Entryway Corridor Master Plan, which includes tree-lined
streets.
6.6.1.1 Provide Basic Services This project matches the planned Future Land Use and
current Zoning. The project will bring services such as banking
in close proximity to where people live and work.
6.6.1.3 Minimize Sprawl This infill project provides commercial services adjacent to
hospitality and existing commercial areas.
6.6.1.6 Infill Development Commercial development within the City limits next to other
commercial complexes.
7.6.1.1 Business Creation This project will create facilities for up to 16 new businesses
with the employment of over 100 workers.
8.14.2.1 Protect Natural
Resources
Wetlands and stream corridors are identified on the project
site and will be preserved.
10.8.4.2 Pedestrian Trails Pedestrian trails will be established along the Baxter Lane,
and continued along Oak Street, and be constructed through
the dominant open space areas.
1c (2)(a). Statement of proposed ownership for open space:
A majority of the proposed open space is located within open space lots and is identified as Lots
2 and 3 of Block 4 and will be held in common by the lot owners within PT Land Subdivision.
The remaining open space, including the greenway setbacks along Baxter Lane and Oak Street,
are under the ownership of the respective adjoining lots. The open space lots identified as Lots
2 and 3 of Block 4 will be maintained in common by the property owner’s association.
Covenants for the PT Land PUD provide a management entity and a maintenance fee
35
assessment and collection method for this purpose. The common maintenance of the open
space lots, including stormwater detention, trails and landscape features within said open space
lots, will be the responsibility of management entity.
1c (2)(b). Applicant’s intentions with regard to ownership of all portions of the PUD:
The proposed lots would be sold to individual entities. The Applicant’s intention is to first
develop, or provide for the construction of American Federal Savings Bank, on Lot 1, Block 1.
The development of this lot will trigger construction improvements associated with Phase 1.
The anticipated construction of this lot is to begin as soon as the approval process allows.
Future lots will be developed in subsequent phases. These lots are to be sold to and developed
by individual owners. Building design would be controlled by the development guidelines and
the covenants and the City’s Site Plan review process.
1c (3). Estimate of number of employees for business, commercial and industrial uses:
Total number of estimated employees at full build-out will be based on the types of entities
choosing to locate within the project. Retail and wholesale businesses may have less than 10
employees while a hotel/motel may have tens of employees. With 16 developable lots, the
project has the capacity to employ more than 100 workers.
1c (4). Description of the rationale behind assumptions and choices made by the applicant:
The design of the proposed PT Land PUD is designed to meet the objectives of the Bozeman
Entryway Corridor for North 19th Avenue and Oak Street, Bozeman 2020 Community Plan,
Design Objectives Plan for Entryway Corridors and the Unified Development Ordinance.
1c (5). Where deviations from the requirements of this title are proposed, the applicant shall
submit evidence of successful completion of the applicable community design objectives and
criteria of 18.36.090, BMC. The applicant shall submit written explanation for each of the
applicable objectives or criteria as to how the plan does or does not address the objective and
criterion.
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Deviations and variance are identified in Section 1.2 and Appendix A of this document.
Sections 3.2 and 3.3 describe how this project meets applicable community design objectives
and criterion. The requested deviations/variances have no significant impacts to the intent of
design objectives as they apply to this project.
1c (6). Description of how conflicts between land uses of different character are being avoided
or mitigated:
The project proposal complies with the Bozeman 2020 Community Plan, the North
19th Avenue/Oak Street Corridor Master Plan and underlying zoning of the site. There are no
land use conflicts on site. Potential conflicts with adjacent uses are addressed in Section 3.3
(PUD Criteria).
1c (7). Statement of design methods to reduce energy consumption:
Building construction will be conducted in accordance with Bozeman building codes and
standards appropriate to this climate for insulation thereby minimizing building heating and
cooling costs.
1d. Development schedule indicating approximate date when construction of the PUD can
be expected to begin and be completed, including the proposed phasing of construction of
public improvements and recreational and common space areas:
The phasing and development schedule is outlined in Section 1. Construction is anticipated to
begin in the Spring of 2007. Full build-out is difficult to estimate but could range from 5 to 10
years.
1e. Reduced versions of drawings:
Reduced size drawings have been provided at appropriate locations. Please reference
Appendix J for full size and reduced versions of PUD site plan.
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3.1.2 Site Plan Requirements
Information required in 18.78.080, BMC is identified on the Site Plan Checklist, American
Federal Savings Bank Site Plan and PT Land PUD Plan.
2a. Notations of proposed ownership, public or private, should be included where
appropriate:
Ownership information is provided on preliminary plat. The proposed ownership of American
Federal Savings Bank is noted on the Site Plan for that lot.
2b. Proposed treatments on the perimeter of the project site:
This is shown on the Landscaping Plan for the PUD and American Federal Savings Bank. In
general, landscaping will be provided along all proposed and existing streets. Special attention
is placed on landscaping along Oak Street and Baxter Lane.
2c. Attorney’s or owner’s certification of ownership:
These are provided on the preliminary plat. In addition, the platting certificate is included as
Appendix B of this submittal.
3.1.3 Supplemental Plan Requirements
3a. Viewsheds:
The community has addressed this concern by establishment of the entryway corridor
regulations, which apply to the site. Adherence to the recommendations and regulations of the
entryway corridor are discussed in Section 3.3, in the overall project design and in the
development guidelines in Appendix H. The most distinctive view across the site into the
surrounding area is the view east towards the Bridger Mountain Range and south towards the
Gallatin Range. The substantial setback distances will preserve these views. The building
heights will not exceed zoning standards for the B-2 Zone Classification.
38
3b. Street cross sections if different from City Standards:
In general, all streets follow City Standards. The proposed roads extend from existing roads and
are designed with a similar cross-section as the existing roads. The extended roads include
Tschache Lane, North 15th Avenue, North 14th Avenue, Patrick Street, and Baxter Lane. Baxter
Lane will be improved to the three-lane minor arterial across the frontage of this project.
3c. Physiographic data including soils, hydrologic information and well information:
These subjects are addressed in the Environmental Assessment and Community Impact
Statement. Please reference Appendix D for NRCS soils information. Typical groundwater
elevations for the site, based on monitoring wells associated with the Bozeman Solvent Plume,
are approximately 5 feet below ground surface. Two monitoring wells from the Bozeman Solvent
Plume Study are located on the PT Land property. In the areas near the located wetlands, the
groundwater surface is very near the ground. Most wells located on or near the site are
monitoring wells associated with the solvent plume. According to the Groundwater Information
Center, 19 wells are located within the same quarter-section of this project. The proposed
subdivision does not anticipate impacts to these wells.
3d. Preliminary Subdivision Plat:
This is provided in Appendix J.
3e. Traffic Impact Analysis:
A Traffic Impact Analysis is provided in Appendix G. The information generated from the traffic
analysis is used as the basis for recommended improvements to the site and surrounding street
systems to minimize impacts on surrounding uses. Reference Section 2.12, Street and Roads,
of the Community Impact Statement for additional information.
39
3f. Additional studies and plans:
A Wetlands Report (Appendix F) and a Traffic Impact Study (Appendix G) were completed as
part of this project. Geotechnical studies will be completed as part of the construction
documents and on a lot-by-lot basis, as necessary.
3g. Proposed draft of legal instrument containing the creation of a property owner’s
association:
A draft version of the covenants and the design guidelines are included in Appendix H of this
submittal.
3.2 INTENT OF PUD (RESPONSE TO 18.36.010, BMC)
The following narrative addresses items A through O, as listed in 18.36.010, BMC (PUD
section) of the Unified Development Ordinance. Conformance with these is required in BMC
18.54.050 B.3.
18.36.010 “…it shall be the intent of this title to promote the City’s pursuit of the following
community objectives:”
A. To ensure that future growth and development occurring within the City is in accord with
the City’s adopted growth policy, its specific elements, and its goals, objectives and policies.
Response:
The proposed PT Land planned unit development is in compliance with the both the Bozeman
2020 Community Plan and the North 19th Avenue/Oak Street Corridor Master Plan and its goals,
objectives, and policies. The project is under review as a PUD, which is required of subdivisions
located within the Entryway Overlay zoning district. Further discussion regarding master plan
compliance is provided below in response to BMC 18.36.090.E.2, PUD Criteria.
Goal 3 of the North 19th Avenue/Oak Street Corridor is achieved with this project. Commercial
projects are strongly supported by Objective “B” and Implementation Policies “A”, which identify
commercial uses within the entryway corridor as important to Gallatin Valley. This project
complies with the Land Use Plan within the North 19th Avenue/Oak Street Corridor Master Plan.
40
B. To allow opportunities for innovations in land development and redevelopment so that
greater opportunities for high quality housing, recreation, shopping and employment may extend
to all citizens of the Bozeman area.
Response:
The proposed PT Land complies with this objective in regards to recreation, shopping and
employment. The intent of the project is to provide commercial development for use by the
Bozeman area as allowed by the zoning and planning already in place. The project is a
commercial infill project that provides recreation via proposed pedestrian connectivity to
adjoining developments and open space lots available for public use. Shopping and
employment opportunities will be available as businesses become established within this
project.
C. To foster the safe, efficient and economic use of land and transportation and other public
facilities.
Response:
The project will continue the infill process that is appropriate for commercial land adjacent to
arterial streets. Essential utilities are adjacent to the site and require only that they be extended
through the project area. The project will utilize the current infrastructure as well as contribute to
it with the continuation of North 15th Avenue, North 14th Avenue, Patrick Street, and Tschache
Avenue. Baxter Lane will be improved as part of this project. This addition will enhance the
safety and efficiency of transportation in the area.
D. To ensure adequate provision of public services such as water, sewer, electricity, open
space and public parks.
Response:
Essential services including water, sewer and utilities are adjacent to the site. Public water and
sewer infrastructure will be extended as part of this project. It is proposed that a water pressure-
reducing valve station be installed with this project to address high-pressure issues that the City
has witnessed in this area. This project furthers the community objective by providing ample
open space within the project with landscaping and a pedestrian trail network.
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E. To avoid inappropriate development of lands and to provide adequate drainage and
reduction of flood damage.
Response:
The site has been determined by the North 19th Avenue/Oak Street Corridor Master Plan to be
appropriate for development. Adequate drainage will be assured by adherence to City and
MDEQ standards. Building floor elevations and grading criteria will reduce the likelihood of
flooding from Walton’s Stream/Ditch and the upstream irrigation water conveyance system.
F. To encourage patterns of development, which decrease automobile travel and
encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing
air quality.
Response:
The portion of PT Land south of Tschache Lane exhibits a development pattern traditional to the
Bozeman Area. The portion north of Tschache Lane is reserved for a large tenant, likely a hotel
or convention center. This lot will include internal circulation designed for efficient traffic flow.
The entire project is designed for ease of traffic with the resultant effect of limiting air pollution.
Pedestrian circulation is encouraged via the sidewalk and trail system.
G. To promote the use of bicycles and walking as effective modes of transportation.
Response:
The PT Land project is designed to promote walking or bicycle travel. The pedestrian network
within the PUD is directly linked to the adjoining Bridger Peaks Village and Lowe’s HIW PUD on
the west and connects to Kenyon Noble to the south and the Tange property on the East.
H. To reduce energy consumption and demand.
Response:
The proposed pedestrian network will help reduce energy consumption through fewer vehicle
trips.
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I. To minimize adverse environmental impacts of development and to protect special
features of the geography.
Response:
The North 19th Avenue/Oak Street Corridor Master Plan has determined that the present project
is appropriate for this area. The findings of the environmental assessment suggest that no
serious impacts will result. The Walton’s Stream Ditch, Mandeville Creek, and their
corresponding wetlands, shall be retained as open space.
J. To improve the design, quality and character of new development.
Response:
The design and quality of development within PT Land will be upheld by the design guidelines
set forth in the proposed planned unit development. In general, the project creates its own
character through a design theme that will be maintained throughout the entire project by
adherence to the development guidelines and covenants. Management of the project, as
empowered by the covenants, will provide the mechanism necessary for long-term maintenance
of the site and continued conformance with the development guidelines.
K. To encourage development of vacant properties within developed areas.
Response:
This project is an infill project with development already planned or completed for all areas
surrounding this project. In addition, this project considers surrounding development and
encourages specific uses that will tie this project to the surrounding area. The most northerly lot,
identified as Lot 1, Block 4, is intended for hospitality/regional anchor neighbor. This designation
complements similar uses located along Baxter Lane and is appropriate for fronting the
Interstate-90 Corridor. The service warehouse neighborhood surrounds the Keynon Noble site
and assists to transition from the existing lumberyard to other uses. The Support services
neighborhood includes retail space, office space and other uses as identified in the
Development Guidelines and is buffered from the lumberyard by the service warehouse
neighborhood. Lastly, the financial institution and services lot is located on Lot 1, Block 1,
appropriate for visibility on Oak Street. A thorough description of these neighborhood
classifications are found in the Development Guidelines.
43
L. To protect existing neighborhoods from the harmful encroachment of newer,
incompatible developments.
Response:
The project is in compliance with the North 19th Avenue/Oak Street Corridor Master Plan and its
zoning specifications, both of which support that the proposed use is appropriate for the site.
M. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood, and the community as a whole.
Response:
The present project seeks to promote these objectives by providing a mutually beneficial
community of commercial businesses. This commercial project promotes Goal 3 of the North
19th Avenue/Oak Street Corridor Master Plan and is compatible with the surrounding
neighborhoods.
N. To promote efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design.
Response:
The Bozeman 2020 Community Plan and the North 19th Avenue/Oak Street Corridor Master
Plan promote the development of regional commercial and service uses along significant
transportation routes and promote through the PUD process, human scale design including
open space, pedestrian enhancements and pleasing buildings.
O. To meet the purposes established in BMC 18.02.040.
Response:
This project complies with the criteria set forth in the Unified Development Ordinance.
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3.3 PUD CRITERIA (RESPONSE TO BMC 18.36.090.E.2)
3.3.1 All Development Criteria
1. Does the development comply with all city design standards requirements and
specifications for the following services:
Water Supply Trails/walks/bikeways
Sanitary Supply Irrigation Companies
Fire Protection Electricity
Flood hazard areas Natural Gas
Telephone Storm Drainage
Cable Television Streets
Response:
All of the public and private facilities will be designed and installed to City of Bozeman, MDEQ,
and other applicable standards. The proposed pedestrian network is an integrated system of
walkways and paths to allow access within the community and to the surrounding services.
2. Does the project preserve or replace existing natural vegetation?
Response:
Natural wetland natural vegetation on the site will be preserved by inclusion within a
watercourse setback. A small fraction of the wetland areas will be impacted by the extension of
Tschache Lane, North 15th Avenue and Baxter Lane. It is the intent of the development to
enhance the wetland corridors and provide a park like environment. There are no existing trees
on site.
3. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally organized and
cohesive planned unit development?
Response:
All aspects of the site, including building, parking, transportation routes, pedestrian circulation
and open space, have been organized to maximize the efficiency of the site while remaining
45
aesthetically pleasing. In general, trail systems tie the proposed development to adjacent
properties and the buildings and landscaping are arranged to enhance the property. Because of
this, a cohesive and functional arrangement of land uses is accomplished.
4. Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selection and placement of
landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall
reduction of energy use by the project?
Response:
The transportation network is designed for efficiency, thereby reducing overall traffic pollution. In
addition, a pedestrian network, including trails and sidewalks, will encourage pedestrian travel
and reduce overall energy use.
5. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of the
project?
Response:
Each lot will submit respective Site Plans to the City for Site Plan review. Due to the location of
this project within an entryway corridor, the Site Plan must comply with the Design Objectives
for Entryway Corridors in addition to the PT Land Development Guidelines. These documents
govern the design of the site and include measures to ensure privacy of the employees and
consumers of this project. For example, open space and landscape buffers will occur along
Baxter Street and Oak Street. Building and parking arrangements will consider privacy with the
design unique for each lot.
6. Park Land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of park land
or open space been provided for each proposed dwelling as required by BMC 18.50.020.
Response:
Significant areas of open space are set aside for public use within PT Land. Two large open
space/wetland parks are located adjacent to Walton’s Stream/Ditch and Mandeville Creek,
46
respectively. The park along Mandeville Creek will include a trail system made available by PT
Land to the public. The park adjacent to Walton’s Stream/Ditch is accessible by an existing trail
west of the creek. The proposed trails connect existing trail systems to the PT Land project. In
addition, significant open space exists along Baxter Lane and Oak Street as part of the
Greenway Setbacks.
7. Performance. Nonresidential developments within the North 19th Avenue/Oak Street
corridor shall earn thirty performance points. Points may be earned in any combination of
affordable housing and/or open space.
Response:
The PT Land project obtains the required thirty performance points via open space dedication.
8. Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become as isolated
“pad” to adjoining developments?
Response:
Pedestrian trails tie the proposed development to adjoining developments.
3.3.2 Commercial PUD Required Criteria
1. If the project contains any use intended to provide adult amusement or entertainment,
does it meet the requirements for adult business?
Response:
Adult amusement and entertainment is not permitted within this development.
2. Is the project contiguous to an arterial street, and has adequate but controlled access
been provided?
Response:
This project is adjacent to Oak Street, which is identified as an arterial street. Controlled access
to Oak Street is discussed in detail in the Traffic Impact Analysis. A signal at North 11th Avenue
and Oak Street is not immediately warranted but may be warranted as the PT Land project is
47
developed. It is proposed that the PT Land subdivision sign a waiver of the right to protest the
creation of an SID for signal improvements associated with North 11th Avenue and Oak Street.
3. Is the project on at least 2 acres of land?
Response:
Yes. This project entails 47.6 acres.
4. If the project contains two or more significant uses (for instance, retail, office, residential,
hotel/motel and recreation), do the uses related to each other in terms of location within the
PUD, pedestrian and vehicular circulation, architectural design, utilization of common open
space and facilities, etc.?
Response:
The PT Land Development Guidelines emphasize the use of neighborhoods and their purpose
of transitioning uses throughout the project with existing adjoining uses. Reference the
Development Guidelines in Appendix H for a comprehensive description of the neighborhoods
including their design purpose and objectives in transitioning use intensities.
5. Is it compatible with and does it reflect the unique character of surrounding area?
Response: The proposed project is compatible with the surrounding development. To the west
of the proposed site is the commercial Bridger Peaks Town Center, high-density residential
Bridger Peaks Village and regional commercial Lowe’s HIW PUD; to the south, are housing
developments to the east is commercial and to the north is the Interstate 90 Corridor. The
surrounding area creates a mixed character community is in keeping with the City’s master plan
as well as the North 19th Avenue/Oak Street Corridor Master Plan.
6. Is there direct vehicular and pedestrian access between on-site parking areas and
adjacent existing or future off-site parking areas that contain more than ten spaces?
Response:
The combination of sidewalks and trails tie this project together. The larger lot, identified as Lot
1, Block 4, is adjacent to two open space lots that include trails.
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7. Does the project encourage infill, or does the project otherwise demonstrate compliance
with the land use guidelines of the Bozeman growth policy?
Response:
This project is an infill project with development constructed or planned for all developable areas
surrounding the site. In addition, this project meets the Future Land Use designation as defined
in the Bozeman 2020 Community Plan.
8. Does the project provide for outdoor recreational area (such as additional landscaped
areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working
in or visiting the development?
Response:
This project includes an excess of 30% open space as required for planned unit developments
located in entryway corridors. Much of the open space is located in two distinct areas adjacent
to streams and wetlands. These areas are accessed by trials for the enjoyment of the public.
3.4 DEVELOPMENT GUIDELINES
The development guidelines for the proposed planned unit development include building design,
signage, lighting and landscaping guidelines. The guidelines, in combination with all the other
submittal materials and plans, define the intent and character of the proposed project. Through
enforcement by the covenants, the development guidelines are intended to define future
development of the site and buildings. Compliance with the developmental guidelines is
required by the covenants and by law. The covenants and guidelines are presented as an
exhibit in the Appendix H.
A landscaping plan is provided as a map set within Appendix J. Included with the landscaping
plan is a set of landscaping guidelines, which was developed with references to the respective
City of Bozeman zoning codes. The written portion of the landscape guidelines, included in
Appendix J, is structured to address all phases of the project.
The sign guidelines define sign locations, types, size, lighting, and color ranges allowable In
general, the sign guidelines present what is being proposed for identification (I.D.) signs for the
49
project entries and what will by utilized on the apartment complexes for signage. Signs on the
structures in the outlying lots will be controlled by the guidelines and limited to wall mounted
signs with the potential for a few smaller monument signs.
Building elevations and sample palette for American Federal Savings Bank is included in
Appendix J of this document.
INVESTIGATIONAREAOAK STREETN 11TH AVEN 19TH AVE I-90BAXTER LANECITY OF BOZEMANPERKINS PROPERTY VICINITY &TOPOGRAPHIC MAPUSGS QUADRANGLE TOPO MAP-BOZEMAN QUADWITH CITY PARCELS LAYER OVERLAID PERKINS PROPERTYBOZEMAN , GALLATIN COUNTY, MONTANAT2S, R5E, SECTION 1FIGURE 1
Traffic Impact Study
PT Land Property
Commercial Development
Bozeman, Montana
Prepared For:
Morrison Maierle, Inc
306 W. Railroad Street, Suite 105
Missoula, MT 59802
May, 2006
130 South Howie Street
Helena, Montana 59601
406-459-1443
PT Land Development Bozeman, Montana
i
Table of Contents
A. Project Description .....................................................................................1 B. Existing Conditions .....................................................................................2
Adjacent Roadways ..............................................................................2
Traffic Data Collection...........................................................................3
Additional Developments.......................................................................3
Level of Service.....................................................................................4 C. Proposed Development ..............................................................................6 D. Trip Generation and Assignment................................................................8 E. Trip Distribution ..........................................................................................8 F. Traffic Impacts Outside of the Development...............................................8 G. Impact Summary ......................................................................................11 H. Recommendations....................................................................................11
List of Figures
Figure 1 – Proposed Development Site...................................................................1
Figure 2 – Proposed Development..........................................................................7
Figure 3 – Trip Distribution......................................................................................9
List of Tables
Table 1 – 2006 Level of Service Summary..............................................................5
Table 2 – 2015 Level of Service Summary Without Development...........................6
Table 3 – Trip Generation Rates.............................................................................8
Table 4 – 2015 Level of Service Summary With PT Land Development.................9
PT Land Development Bozeman, Montana
Abelin Traffic Services 1 May, 2006
Traffic Impact Study
PT Land Development
Bozeman, Montana
A. PROJECT DESCRIPTION
This document studies the possible effect on the surrounding road system from a proposed 48 acre
industrial and commercial development in Bozeman, Montana. The document also identifies any
traffic mitigation efforts that the development may require. The site is located south of Baxter Lane
just north of the new Kenyon Noble Hardware Store.
Figure 1- Proposed Development Site
Proposed
Development Site
PT Land Development Bozeman, Montana
Abelin Traffic Services 2 May, 2006
B. EXISTING CONDITIONS
The proposed development site currently consists of undeveloped farm and ranch land. The areas
around the site are experiencing heavy amounts of commercial development. The property is
located south of Baxter Lane between 15th Avenue and 11th Avenue. See Figure 1 for a location
map of the proposed development.
Adjacent Roadways
North 19th Avenue is the primary north/south route through the western portion of Bozeman.
This principal arterial route has a five-lane cross-section for most of its length. The intersections
with Baxter Lane, Tschache Lane, and Oak Street are currently signalized. The 19th Avenue
corridor is currently experiencing extremely high rates of growth due to development all along
the corridor. Traffic data collected by the Montana Department of Transportation (MDT) in
2004 indicates that the roadway currently carries 24,000 VPD.
North 15th Avenue is a recently constructed roadway that provides access to residential areas
south of Oak Street. The roadway has a paved width of 45 feet with bike lanes on both sides and
is designated as a collector route. The intersection with Oak Street has been improved to include
designated left/through and right-only turn lanes for northbound and southbound traffic. Field
observations identified a problem with this configuration. The opposing left/through lanes
oppose each other across the intersection. Drivers attempting to cross the intersection in the
left/through lane from the north or south are directed into the opposing left/through lane. This is
an inoperable configuration. The lanes should be restriped to left-only and through/right lanes
on both sides.
North 14th Avenue runs from the newly constructed residential areas south of Oak Street past
the new Kenyon Noble Hardware store and into the proposed development site. The roadway
has an urban cross-section and a paved width of 32 feet.
North 11th Avenue passes along the eastern end of the proposed development site. The roadway
begins in a residential area south of Oak Street and ends at Baxter Lane. The route is designated
as an urban collector. The roadway currently carries 400 VPD and has a paved width of 38 feet.
North 7th Avenue is another primary north/south route through the City of Bozeman. The
roadway is a principal arterial route and has a four-to-five lane cross-section from the Griffin
Drive to Main Street. Traffic data collected by the MDT in 2004 indicates that the roadway
currently carries 22,000 VPD south of Oak Street. The intersection with Oak Street is currently
signalized.
PT Land Development Bozeman, Montana
Abelin Traffic Services 3 May, 2006
Baxter Lane is an east/west collector route that connects North 7th Avenue with North 19th
Avenue and continues out into the valley. The roadway has a paved width of 24 feet with grass
and gravel shoulder. The roadway currently carries 3,600 VPD east of North 19th Avenue. The
intersection of Baxter Lane and North 7th Avenue is currently restricted to right-out only
operations. The proximity of this intersection to the signalized Oak Street intersection and I-90
ramps make this location inappropriate for the installation of an additional traffic signal.
Tschache Lane is an east/west route that connects several of the commercial areas via a
signalized intersection across North 19th Avenue. Currently the roadway connects the Home
Depot Home Improvement store to the northern end of the Bridger Peaks shopping center.
Oak Street is an east/west principal arterial route through the northern portion of Bozeman. The
roadway currently has one eastbound lane, two westbound lanes, and a center two-way left-turn
lane. The roadway currently carries 13,000 VPD.
Traffic Data Collection
Abelin Traffic Services (ATS) collected peak-hour turning movement count data in April 2006
at the critical intersections around the proposed development to supplement traffic data already
available for the area. These intersections included:
• 19th Avenue & Baxter
• Oak & 15th Avenue
• Oak & 14th Avenue
• Oak & 11th Avenue
Twenty-four-hour hose count data was also collected along Baxter Lane and 11th Avenue. See
Appendix A for the traffic volume information.
Additional Developments
Additional information for the area was obtained from four traffic impact studies (TIS)
prepared for this area. These traffic studies included:
• Mandeville Development, Robert Peccia & Associates, 2006. This 225-acre
development is located north of Interstate 90 off of Griffin Drive and would be
intended for a variety of light and heavy industrial land uses, warehousing, and
manufacturing. Full build-out of the property is anticipated by 2015. Once
completed the development will produce 9,000 new trips to the area. No mitigation
measures were recommended from this study for any of the intersections studied for
PT Land development.
PT Land Development Bozeman, Montana
Abelin Traffic Services 4 May, 2006
• Lowe’s Home Improvement Warehouse PUD, Morrison-Maierle, Inc. 2005. The
property directly to the west of the PT Land north of Tschache Lane is being
proposed for the construction of a Lowe’s Home Improvement Warehouse. In
addition to the hardware store the site may also include retail space, banks, and a
professional office. The site would produce up to 10,000 new trips to the area when
completed in 2015. The mitigation measures recommended for this project include
the installation of a through/right lane and a designated left-turn lane for westbound
traffic at the intersection of 19th Avenue and Tschache Lane and the installation of a
right-turn lane for westbound traffic at Baxter Lane. The traffic study also
recommended that left-turn signal phases be created at both Baxter Lane and
Tschache Lane.
• Stoneridge Commercial Subdivision, Kerin & Associates, 2005. This development
will be a major retail business center west of 19th Avenue. Full development of the
site is expected by 2014. The traffic study estimated that the site would produce up
to 10,000 new daily trips to the area. The TIS also included traffic data from the
West Winds development TIS prepared by HKM. The mitigation measures
recommended in the TIS included the construction of a left-turn lane for eastbound
traffic on Tschache Lane at 19th Avenue. Dual-left turn lanes for eastbound,
westbound, and southbound traffic as well as the eastbound, westbound, and
southbound right-turn lanes should be constructed at the Oak Street/19th Avenue
intersection.
• Walton Homestead Subdivision, Marvin & Associates, 2002. This residential and
commercial/office development is nearing completion south of Oak Street. Once
completed the site will produce 3,500 new trips. No mitigation measures were
recommended north of Oak Street for this project.
ATS also applied data from the Bridger Peaks Village residential development plans west of
15th Avenue on Oak Street. This development will include a 41 unit apartment building for
seniors and 15 apartments units for adults with physical disabilities. Trip generation
numbers for this development were calculated and applied to the future traffic volume model
for this study.
Level of Service
Using the data collected for this project, ATS conducted a Level of Service (LOS) analysis at
the critical intersections in the vicinity of the PT Land. This evaluation was conducted in
accordance with the procedures outlined in the Transportation Research Board’s Highway
Capacity Manual (HCM) - Special Report 209 and the Highway Capacity Software (HCS)
version 5.2. Intersections are graded from A to F representing the average delay that a
vehicle entering an intersection can expect. Typically, a LOS of C or better is considered
acceptable for peak-hour conditions.
PT Land Development Bozeman, Montana
Abelin Traffic Services 5 May, 2006
In order to assess the future traffic conditions for the area ATS assembled all of the traffic
data from the four other traffic impact studies prepared for this area. Each of the other traffic
impact studies project future traffic volumes at or near 2015 for the intersections adjacent to
their properties, with some overlap. Each of the traffic studies projected future traffic
volumes using different methods and made assumptions for background traffic growth rates
to account for other developments in the area. Most of the traffic studies project only PM
peak hour traffic volumes for the area since the PM peak period is usually the critical design
hour for areas that are primarily commercial in nature.
A review of the traffic volumes showed considerable consistency between the traffic
volumes projected by the four traffic studies. Most of the adjacent intersections projected
traffic volumes within 100 VPH on the main routes. Where differences in projected traffic
volumes were greater than 100 VPH (mostly on North 19th Avenue), traffic volumes were
factored to the more conservative projected volume at adjacent intersections. The most
conservative projected turning movement volumes were selected at each intersection.
Table 1 shows the existing AM and PM 2006 LOS and Table 2 shows the projected PM
2015 LOS without the traffic from the PT Lane Development but includes the projected
traffic from the other four proposed developments in this area. The LOS calculations are
included in Appendix C.
Table 1 – Existing 2006 Level of Service Summary AM PM Intersection Delay LOS Delay LOS North 19th & Baxter 11.3 B 12.8 B North 19th & Tschache 7.4 A 9.3 A North 19th & Oak Street 21.3 C 44.8 D Oak Street & 15th * 20.2/25.8 C/D 50.1/37.1 F/E Oak Street & 14th * 24.4/22.1 C/C 35.0/36.5 D/E Oak Street & 11th * 17.9/22.9 C/C 21.0/45.1 C/E Oak Street & North 7th 26.2 C 32.7 C *Northbound/Southbound LOS.
Table 1 shows that most of the intersections in the area are currently operating at acceptable
levels under peak AM and PM traffic conditions. The table indicates that the PM peak hour
delay is worse than the AM delay at all of the intersections. The intersection of North 19th
Avenue and Oak Street is currently functioning at LOS D during the PM peak. The
unsignalized intersections along Oak Street are also showing some operational problems.
PT Land Development Bozeman, Montana
Abelin Traffic Services 6 May, 2006
Table 2 – 2015 Level of Service Summary Without PT Land Development PM Peak Hour Intersection Delay LOS North 19th & Baxter 21.3 C North 19th & Tschache 27.0 C North 19th & Oak Street 51.6 D Oak Street & 15th * 323.5/165.5 F/F Oak Street & 14th * 24.9/171.2 C/F Oak Street & 11th * 45.4/213.08 E/F Oak Street & North 7th 68.7 E *Northbound/Southbound LOS.
Table 2 also shows that by 2015, with the other developments in the area and the associated
intersection improvements recommended with those developments, most of the signalized
intersections will continue to function at acceptable levels of service or will not be degraded
beyond what they are currently functioning at (19th Avenue and Oak Street at LOS D). The
LOS at the intersection of Oak Street and North 7th will fall to E by 2015 under the current
configuration. The LOS at this intersection could be improved to C by adding a designated
right-turn lane on the eastern leg of the intersection.
The unsignalized intersections along Oak Street (11th, 14th, and 15th) will all experience poor
levels of service with the anticipated 2015 traffic volumes in this area. A review of the
signalization warrants indicates that only the intersection of Oak Street and 15th Avenue will
have sufficient traffic volumes to warrant signalization. The signalization warrant information
is shown in Appendix D of this report.
C. PROPOSED DEVELOPMENT
The development currently under consideration for the PT Land includes 14 buildable lots on 48
acres of land between 15th Avenue and 11th Avenue zoned B-2. The proposed land uses for the site
include a hotel/convention center (~200 rooms), office space, light industrial and manufacturing
space, and retail space. The developers plan to connect Tschache Lane through from 19th Avenue to
11th Avenue. Full build-out of the development is expected within the next five years. In order to be
consistent with the other traffic studies for this area, ATS selected a design horizon of 2015 to
project the future traffic volumes in the area. The layout of the proposed subdivision is shown in
Figure 2.
PT Land Development Bozeman, Montana
Abelin Traffic Services 7 May, 2006
Figure 2 - Proposed Development
PT Land Development Bozeman, Montana
Abelin Traffic Services 8 May, 2006
D. TRIP GENERATION AND ASSIGNMENT
ATS performed a trip generation analysis to determine anticipated future traffic volumes from the
proposed development. ATS used the trip generation rates contained in Trip Generation (Institute of
Transportation Engineers, Seventh Edition). These rates are the national standard and are based on
the most current information available to planners. A vehicle “trip” is defined as any trip that either
begins or ends at the development site. Typically the critical traffic impacts on the intersections and
roadways in commercial/industrial area occur during the weekday evening peak hours. At full build-
out the proposed development would produce 176 AM peak hour trips, 240 PM peak hour trips, and
2,813 daily trips. The trip generation rates and totals are shown in Table 3.
Table 3 - Trip Generation Rates
Land Use Units
AM Peak Hour Trip Ends per Unit
Total AM Peak Hour Trip Ends
PM Peak Hour Trip Ends per Unit
Total PM Peak Hour Trip Ends
Weekday Trip Ends per Unit
Total Weekday Trip Ends Hotel Convention Center 200 Rooms 0.56 112 0.59 118 8.17 1,634
Office Park 1.4 Acres 25.65 36 28.28 40 195.11 273
Retail 20,000 S.F. 1.03 21 3.75 75 42.94 859 Light Industrial 0.9 Acres 7.51 7 7.26 7 51.8 47 Total 176 240 2,813
E. TRIP DISTRIBUTION
The traffic distribution and assignment for the proposed development was based upon the existing
Average Daily Traffic (ADT) volumes and the other traffic studies produced for the area. Figure 3
shows the trip distribution by roadway and the overall trip distribution characteristics. Site-
generated traffic volumes are shown on figures in Appendix B. Traffic is expected to distribute 25%
to/from the north on 19th Avenue, 5% to/from the west on Baxter Lane, 5% to/from the west on
Tschache Lane, 13% to/from the west on Oak Street, 20% to/from the south on 19th Avenue, 2% to
from the south on 15th Avenue, 20% to/from the east on Oak Street, and 10% to/from the east on
Baxter Lane. The anticipated trip distribution patterns are shown in Figure 3.
F. TRAFFIC IMPACTS OUTSIDE OF THE DEVELOPMENT
Using the trip generation and trip distribution numbers, ATS determined the future Level of Service
for the area intersections. The anticipated LOS for 2015 conditions with the proposed development
PT Land Development Bozeman, Montana
Abelin Traffic Services 9 May, 2006
is shown in Table 4. These calculations are based on the projected model volumes included in
Appendix B of this report.
Figure 3- Trip Distribution
Table 4 – 2015 Level of Service Summary
With PT Land Development PM Peak Hour Intersection Delay LOS North 19th & Baxter 23.4 C North 19th & Tschache 34.2 C North 19th & Oak Street 54.5 D Oak Street & 15th * 783/470 F Oak Street & 14th * 32.2/385 F Oak Street & 11th * 39.9/32.5 F Oak Street & North 7th 34.9** C *Northbound/Southbound LOS. ** With the installation of a designated right-turn lane on the eastern leg.
2%
19th Avenue
20%
Oak Street
Baxter Lane
Proposed Development Site
25%
Tschache Lane
15th Avenue
10%
5%
5%
13% 20%
PT Land Development Bozeman, Montana
Abelin Traffic Services 10 May, 2006
Table 4 indicates that all of the signalized intersections around the proposed development site will
operate within acceptable limits through full buildout of the proposed PT Land development. The
intersection of Oak Street and North 7th Avenue will require the installation of a designated right-
turn lane on the eastern leg of the intersection in order to function properly through 2015 regardless
of the construction of the PT Land development. The intersection of 19th Avenue and Oak Street
will function at LOS D regardless of the construction of the proposed development. The
unsignalized intersections along Oak Street will continue to have operational problems. However,
these problems will occur regardless of the PT Land development.
ATS reviewed the operations of the unsignalized intersections to determine what mitigation
measures could be taken. Both 15th and 11th already have additional north/south lanes to improve
intersection operations. The intersection at 14th Avenue does not have additional lanes, but this
roadway is designated as a local route and is not intended to be utilized as a primary access and
egress. The addition of extra lanes will not significantly improve the LOS at any of these three
intersections. The only way to successfully improve the operations is with the installation of a
traffic signal. A review of the signalization warrants indicates that only the intersection of 15th
Avenue will have sufficient traffic volumes to meet signalization warrants, as was the case without
the PT Land development. If this intersection were signalized it would function at LOS B. It should
also be noted that traffic from the PT Land development will account for only 27% percent to the
total north/south entering traffic volume at 11th Avenue and 14% at 15th Avenue.
Both 15th Avenue and 11th Avenue are designated as collector routes. These routes are spaced
appropriately to create a coordinated signal system along Oak Street. If the areas along 11th Avenue
are developed and 11th Avenue is connected to Durston Road, the route will likely become a
significant north/south route, similar to what has occurred along 15th Avenue. Once that land is
developed it is likely that the intersection of 11th Avenue and Oak Street will need to be signalized.
If operational problems continue at the 14th Avenue/Oak Street intersection it would be more
appropriate to restrict this intersection to right-out only movement, rather than signalizing the
intersection. The grid networks north and south of Oak Street should provide good movement
across Oak Street at 11th and 15th once these intersections are signalized.
ATS reviewed the anticipated traffic volumes along Baxter Lane and Tschache Lane to determine if
these roadways provide sufficient capacity under their current configuration (number of lanes). The
PT Land development has six separate routes to access the area. This fact will help keep traffic
volumes on any particular route low. It is anticipated that the ADT volume on Tschache west of
the Lowe’s entrance will be 7,000 VPD and that 2,000 VPD will use the roadway east of the Lowe’s
entrance. No additional lanes would be necessary for this level of traffic. Traffic volumes on Baxter
Lane will increase by only 1,000 VPD with traffic from all of the proposed developments in the area.
This will bring the ADT on this roadway to 5,000 VPD, which is appropriate for a two-lane road.
PT Land Development Bozeman, Montana
Abelin Traffic Services 11 May, 2006
G. IMPACT SUMMARY
The PT Land development will have six separate entrances to the site. This level of connection will
keep traffic volumes within the development low (500-2,000 VPD) Traffic from the proposed
development will not degrade the LOS at any of the signalized intersections within the area. The
unsignlized intersections along Oak Street are currently experiencing some operation problems
which will be made worse by traffic from the PT Land development. Of the three unsignalized
intersections along Oak Street, only the designated collector routes (11th and 15th) would be
appropriate locations for the installation of traffic signals. It is anticipated that only 15th Avenue will
have sufficient traffic volumes to meet signalization warrants by full buildout of the PT Land
development. If necessary, the intersection with 14th Avenue could be modified to a right-out only
intersection.
H. RECOMMENDATIONS
After reviewing the traffic information, ATS has assembled the following recommendations for the
PT Land Development. These recommendations include:
• The developers should work with the City of Bozeman to help install a traffic signal at the
intersection of 15th Avenue and Oak Street, keeping in mind that only 14 % of the traffic
entering this intersection on the north and south legs will be from the PT Land development.
• Traffic conditions at the intersection of 14th Avenue and Oak Street should be monitored. If
the intersection experiences excessive delay due to left-turning vehicles or if an accident
trend develops, then the intersection should be modified to a right-out only intersection on
both the north and south legs. This recommendation is made regardless of the construction
of the PT Land development.
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 1
DECLARATION OF COVENANTS AND RESTRICTIONS PT LAND SUBDIVISION, BOZEMAN, MONTANA TABLE OF CONTENTS RECITALS ARTICLE I - DEFINITIONS 1.01 Assessment Lien ......................................................................................... 1.02 Association .................................................................................................. 1.03 City............................................................................................................... 1.04 Commercial PUD......................................................................................... 1.05 Common Area Improvements...................................................................... 1.06 Common Area Maintenance Costs.............................................................. 1.07 Common Areas............................................................................................ 1.08 Default Rate................................................................................................. 1.09 Developer .................................................................................................... 1.10 Environmental Laws..................................................................................... 1.11 Hazardous Material ..................................................................................... 1.12 Lot................................................................................................................ 1.13 Mortgage and Mortgagee............................................................................. 1.14 Noxious Weeds............................................................................................ 1.15 Occupant ..................................................................................................... 1.16 Owner.......................................................................................................... 1.17 Person ........................................................................................................ 1.18 Plat............................................................................................................... 1.19 Property ...................................................................................................... 1.20 Rules and Regulations ................................................................................ 1.21 Site Plan ...................................................................................................... ARTICLE II – OWNERS’S ASSOCIATION 2.01 Formation of the Association ....................................................................... 2.02 Purposes of the Association ........................................................................ 2.03 Membership in the Association.................................................................... 2.04 Voting rights of Owners................................................................................ 2.05 Ownership and use of Common Areas....................................................... . ARTICLE III - CONSTRUCTION OF IMPROVEMENTS 3.01 Streets and Utilities...................................................................................... 3.02 General Construction Requirements............................................................ 3.03 General Construction Indemnity .................................................................. 3.04 Construction Along Common Boundary Line...............................................
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 2
3.05 Signs............................................................................................................ ARTICLE IV – COMMERCIAL PLANNED UNIT DEVELOPMENT RESTRICTIONS 4.01 General Restrictions .................................................................................... 4.02 Amended Plat and Site Plan........................................................................ 4.03 Parking Standards ....................................................................................... 4.04 Grading ........................................................................................................ ARTICLE V – USE RESTRICTIONS 5.01 Use in General............................................................................................. 5.02 Generally Prohibited Uses........................................................................... 5.03 Rules and Regulations................................................................................. 5.04 Additional Use Restrictions and Requirements............................................ ARTICLE VI – MAINTENANCE AND REPAIR 6.01 Common Area Maintenance Obligation....................................................... 6.02 Restoration of Common Area Improvements............................................... 6.03 Common Area Maintenance Costs.............................................................. 6.04 Payment of Common Area Maintenance Costs........................................... 6.05 Building Improvements ................................................................................ 6.06 Control of Noxious Weeds........................................................................... ARTICLE VII - ENVIRONMENTAL MATTERS 7.01 Duties of Owners ......................................................................................... 7.02 Specific Construction Materials.................................................................... 7.03 Permitted Use, Storage, Handling and Disposal of Hazardous Materials.... ARTICLE VIII – ASSESSMENT LIENS 8.01 Assessment Lien ......................................................................................... 8.02 Assessments as Personal Obligations......................................................... 8.03 Superiority of Assessment Lien ................................................................... 8.04 Release of Assessment Lien ....................................................................... 8.05 Litigation of Assessment Lien...................................................................... 8.05 Certificate regarding payment of Assessments............................................ 8.06 Assessment liens which may be imposed by the City.................................. ARTICLE IX - AMENDMENT 9.01 Amendment of this Declaration.................................................................... 9.01 Consent of the City required for certain amendments..................................
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 3
ARTICLE X - MISCELLANEOUS 10.01 Binding Effect............................................................................................... 10.02 Breach Shall Not Permit Termination........................................................... 10.03 Enforcement of this Declaration................................................................... 10.04 Breach - Effect on Mortgagee and Right to Cure......................................... 10.05 Effect on Third Parties ................................................................................. 10.06 No Partnership............................................................................................. 10.07 Modification.................................................................................................. 10.08 Severability.................................................................................................. 10.19 Governing Law............................................................................................. 10.10 Terminology; Captions................................................................................. 10.11 Counterparts................................................................................................ 10.12 Consent ....................................................................................................... 10.13 Estoppel Certificate...................................................................................... 10.14 Not a Public Dedication................................................................................ 10.15 Release........................................................................................................ 10.16 Eminent Domain .......................................................................................... 10.17 Time of Essence.......................................................................................... 10.18 Excuse for Nonperformance........................................................................ 10.19 Duration....................................................................................................... 10.21 Waiver of Default ......................................................................................... 10.22 Common Ownership.................................................................................... SIGNATURE OF PT LAND EXHIBITS EXHIBIT “A” Legal Description of Property EXHIBIT “B” Plat EXHIBIT “C” Site Plan EXHIBIT “D” Design Guidelines EXHIBIT “E” Sign Guidelines EXHIBIT “F” Rules and Regulations
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 4
DECLARATION OF COVENANTS AND RESTRICTIONS PT LAND SUBDIVISION, BOZEMAN, MONTANA THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the “Declaration”) is made on ____________, 2006, by PT Land, a Montana general partnership (referred to in this Declaration as “Developer”). RECITALS A. All capitalized terms are defined in these Recitals or Article I below and, except as otherwise noted, each definition applies where appropriate to the context, to the noun (singular and plural), adjective and verb forms of the defined term. References to “Articles” and “Exhibits” are to the corresponding parts of this Declaration. B. Developer is the owner of the real property located in the City of Bozeman, County of Gallatin, State of Montana, described in Exhibit “A” which is attached to this Declaration (the “Property”) and shown on the subdivision plat which is attached to this Declaration as Exhibit B (the “Plat”). C. Developer desires to develop and operate the Property as a commercial planned unit development (the “Commercial PUD”) and, therefore, wishes to establish certain easements, covenants and restrictions on the Property and/or portions of the Property. D. In connection with the development of the Commercial PUD or thereafter, Developer may further subdivide, sell, convey, lease or hypothecate all or portions of the Property. NOW, THEREFORE, in recognition that for the optimum development and operation of the Commercial PUD as an integrated project, it is necessary that Developer establish certain covenants running with the land respecting certain matters, including but not limited to matters relating to the construction and maintenance of facilities on, and the use and restrictions on the use of, the Property. Developer declares that all Persons who acquire or occupy portions of the Property shall take subject to this Declaration in order that all development on the Property and the operation of the Commercial PUD will be in conformity with this Declaration. Notwithstanding a conflict between the terms of this Declaration and the provisions of a particular agreement such as a tenant lease or other occupancy agreement between a Owner and its Occupant, (i) as among the Owners and their respective successors and assigns, this Declaration shall control over such an agreement, and (ii) all Occupants shall be bound by the terms of Articles I, III, IV, V, VI VII, and X of this Declaration and the Rules and Regulations attached to this Declaration. ARTICLE I DEFINITIONS 1.01 Assessment Lien. “Assessment Lien” is a lien placed on a defaulting Lot for
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 5
sums owed to the Association under the provisions of this Declaration. 1.02 Association. “Association” means PT Land Subdivision Owners’ Association, Inc., a Montana non-profit corporation, which has been formed in connection with this Declaration. 1.03 City. “City” means the City of Bozeman, Montana. 1.04 Commercial PUD. “Commercial PUD” shall mean the retail or commercial development and related Common Areas on the Property. 1.05 Common Area Improvements. “Common Area Improvements” are the trails and other improvements depicted on the Site Plan as within the Common Areas, and any landscaped areas within the Common Areas; 1.06 Common Area Maintenance Costs. “Common Area Maintenance Costs” are all expenditures, costs, premiums and expenses incurred by the Association during any given accounting period for maintenance, lighting and security, repair, or replacement of the Common Areas and the improvements in the Common Areas, including, but not limited to, those items listed in Section 6.03.
1.07 Common Areas. “Common Areas” means (a) Lots 2 and 3 of Block 4 of the Plat, which are shown on the Plat as open space, and (b) the green space areas along Oak Street and Baxter Lane which consist of the southerly 50 feet of Lot 1, Block 1, of the Plat, and the northerly 50 feet of Lots 1, 2, and 3, Block 4, of the Plat. 1.08 Default Rate. “Default Rate” is the greater of fifteen percent or a rate equal to six percent (6%) in excess of the base rate on corporate loans posted by at least seventy-five percent of the nation’s thirty largest Banks, as published by the Wall Street Journal. 1.09 Developer. ”Developer” means PT Land, or any person to whom the rights and responsibilities of the Developer under this Declaration are assigned by PT Land or its successors and assigns. 1.10 Environmental Laws. “Environmental Laws” are all present and future federal, state or local laws, ordinances, rules, regulations, decisions and other requirements of governmental authorities relating to the environment or to any Hazardous Material, including the following federal laws, as they may have been amended from time to time: The Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, the Hazardous Materials Transportation Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, equivalent Montana statutes, and regulations adopted, published and/or promulgated pursuant to those laws. 1.11 Hazardous Material. “Hazardous Material” means materials and substances defined as “hazardous substances,” “hazardous materials,” “hazardous waste,” “toxic
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 6
substances,” including asbestos, polychlorinated biphenyls, petroleum (or petroleum fuel products), hydrocarbonic substances, and constituents of any of the foregoing, or other similar designations under any Environmental Laws or any regulations promulgated thereunder; and further, any substance or material which because of toxicity, corrosivity, reactivity, ignitability, carcinogenicity, magnification or concentration within biologic chains presents a demonstrated threat to biologic processes when discharged into the environment 1.12 Lot. A “Lot” is any of the numbered lots which comprise the Property, as shown on the original Plat or any amended Plat, with the exception of any parcel or tract which is part of the Common Areas. 1.13 Mortgage and Mortgagee: The term “Mortgage” means (a) any mortgage, trust indenture, deed of trust, or contract for deed on the interest, whether fee or leasehold, of a Owner in a Lot and, to the extent applicable, a “sale and leaseback” or “assignment and subleaseback” transaction entered into for financing purposes. “Mortgagee” shall mean a mortgagee under a mortgage, the trustee and the beneficiary under a trust indenture or deed of trust, or the seller under a contract for deed, and to the extent applicable, a fee owner or lessor or sublessor of any Lot which is the subject of a lease under which any Owner becomes a lessee in a so-called “sale and leaseback” or “assignment and subleaseback” transaction entered into for financing purposes. 1.14 Noxious Weeds. “Noxious Weeds” means any plant designated as a noxious weed by the State of Montana or Gallatin County. 1.15 Occupant. “Occupant” shall mean any Person from time to time entitled to the use and occupancy of any Parcel under an ownership right or any lease, sublease, license, concession or other similar agreement, and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees and concessionaires of any such Person insofar as their activities relate to the intended use of the Property. 1.16 Owner. “Owner” is the Person who owns the fee interest in a Lot, either individually or as a co-owner in any real estate tenancy relationship recognized under the laws of the state of Montana. The term “Owner” includes the buyer under a contract for deed, the grantor under a trust indenture, and the trustee of a trust, but does not include the seller under a contract for deed, the beneficiary of a trust, the lessee of a Lot, or a person who holds an interest in a Lot as security for a debt or other Obligation. The identity of the Owner will be determined from the Official Records of the County Recorder, as of the date of the exercise of powers or rights or the performance by such Owner of obligations created by this Declaration. 1.17 Person. “Person” or “Persons” is any individual, trustee, personal representative, partnership, firm, association, joint venture, corporation, limited liability company, or any other form of entity which is capable of holding title to real property.
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1.18 Plat. “Plat” is the subdivision plat which describes the Property which is attached to this Declaration as Exhibit B. 1.19 Property. “Property” is the real property described in Exhibit A, and any real property which may subsequently be made subject to this Declaration by amendment of this Declaration. 1.20 Rules and Regulations. “Rules and Regulations” are those rules and regulations adopted by the Association, from time to time, pertaining to the operation and use of the Common Areas by all Owners and Occupants. 1.21 Site Plan. “Site Plan” is the Site Plan attached to this Declaration as Exhibit “C” and incorporated by this reference, as it may be amended from time to time by Developer. ARTICLE II OWNERS’ ASSOCIATION 2.01 Formation of the Association. The Developer has formed a Montana non-profit corporation named “PT Land Property Owners’ Association, Inc., to act as the owners’ association for the Property. 2.02 The Purposes of the Association. The purposes for which the Association has been organized are as follows: (a) To own, maintain, preserve, and improve the Common Areas, to control, maintain, repair, improve, and replace the Common Area Improvements, and to provide the Owners with such other services as they may approve. (b) To fix and levy Assessments on the Lots, and to collect those Assessments, in order to obtain funds with which to carry out the duties and obligations of the Association under this Declaration. (c) To enforce the provisions of this Declaration. (d) To exercise all other rights and powers which the Association now has or may hereafter acquire under the corporation laws of the State of Montana. 2.03 Membership in the Association. Every Owner will automatically be a member of the Association. A Owner’s membership in the Association will commence when that Owner acquires a Lot, and will terminate when that Owner sells the Lot. Membership in the Association is an appurtenance to each Lot, and may not be transferred separately from each Lot. However, an Owner may grant an Occupant of its Lot a proxy to vote that Owner’s membership during the Occupant’s possession of the Lot. The proxy must be in writing, must be delivered to the Association, must specify whether the Occupant’s right to vote the Owner’s membership extends to all issues or only to certain
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specified issues, and must describe any other terms and conditions of the Occupant’s proxy. 2.04. Voting rights of Owners. The Owner or Owners of a Lot will have one vote with respect to that Lot at all meetings of the members of the Association, except that the Developer will be entitled to four votes for each Lot which it owns until the Developer becomes the owner of less than twenty-five percent of the Lots, after which the Developer will have only one vote for each Lot which it owns. When two or more Persons are the co-owners of a Lot, the vote for that Lot shall be exercised as the co-owners may determine, but in no event may more than one vote be cast for each Lot, except by the Developer as set forth in this section. 2.05. Ownership and use of Common Areas. Upon the filing of the Plat, Lots 2 and 3 of Block 4 of the Plat, which are shown on the Plat as open space parcels, will be transferred to the Association. The Association will own and preserve the open space parcels as open space in perpetuity, and the open space parcels will be available for the use and enjoyment of the Owners. The green space areas shown along Oak Street and Baxter Lane on the Plat will be owned by the Owners of the Lots in which the green space areas are located, but the green space areas are dedicated in perpetuity for use as landscaped open space and walkways, and no buildings, parking lots, or other improvements may be constructed in the green space areas without the prior written consent of the Association. ARTICLE III CONSTRUCTION OF IMPROVEMENTS 3.01 Streets and Utilities. Developer shall construct, or cause to be constructed, all public streets and utilities required by the Commercial PUD. Public streets and utilities include, without limitation, the systems for storm drains, sanitary sewer, water (fire and domestic), natural gas, electricity, and telephone, and streets including extensions to North 14th Avenue, North 15th Avenue, Patrick Street, Tschache Lane, and the reconstruction of Baxter Lane. 3.02 General Construction Requirements. (a) Compliance With Laws. All construction activities performed by a Owner within the Property shall be performed in compliance with all laws, rules, regulations, orders and ordinances of the city, county, state, and federal governments, or any department or agency thereof, affecting improvements constructed within the Property. (b) Interference. The construction activities of a Owner shall not: (i) cause any unreasonable increase in the cost of constructing improvements upon another Owner's Lot; (ii) unreasonably interfere with construction work being performed on any
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other part of the Property; (iii) unreasonably interfere with the use, occupancy, or enjoyment of any part of the remainder of the Property by any other Owner; (iv) cause any other Owner to be in violation of any law, rule, regulation, order, or ordinance of the City, county, state, or federal government, or any department or agency of those governments. (c) General Construction Indemnity. Each Owner shall defend, indemnify and hold harmless each other Owner from all claims, actions and proceedings and costs incurred in connection therewith (including reasonable attorneys' fees and costs of suit) resulting from any accident, injury, loss, or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from the negligent performance of any construction activities performed or authorized by such indemnifying Owner. Any damage occurring to any portion of the Property as a result of such construction work shall be the responsibility of the Owner performing such construction work or causing such construction work to be performed and shall be repaired by such Owner, at such Owner's sole cost and expense, to the same condition as existed immediately prior to such work promptly upon the completion of such construction work. 3.03 Construction Along Common Boundary Line. Any Owner constructing, along a common property line between Lots shall do so in a manner that does not result in damage to the improvements in place on the adjoining Lot. 3.04 Signs. No exterior identification signs shall be allowed within the Property except as permitted by (i) the City and any applicable City ordinances or Commerical PUD specific requirements, and (ii) the Sign Guidelines which are attached to this Declaration as Exhibit E, or (iii) at the discretion or judgment of the Association. ARTICLE IV COMMERCIAL PLANNED UNIT DEVELOPMENT RESTRICTIONS 4.01 General Restrictions. Each Owner shall be permitted to construct or cause to be constructed such buildings or structures, in the locations and with the heights, exterior configurations, and designs as the City shall approve pursuant to the Commercial PUD, so long as such improvements (i) do not violate City imposed parking requirements,
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(ii) are built in accordance with all set-back, zoning and other ordinances of the City, and (iii) do not exceed the maximum square footages or the maximum height permitted by the Design Guidelines (see Exhibit “D”). 4.02 Amended Plat and Site Plan. (a) Notwithstanding anything to the contrary contained in this Declaration, each Owner and Occupant, by taking title subject to this Declaration, hereby approves of the processing and recording by Developer of, and agrees to execute and acknowledge, an amendment to the Plat (the “Amended Plat”) to reflect any changes or modifications to the Plat which do not materially and adversely affect the use or development of the Lot(s) of the Owner or directly or indirectly impose on the Owner or Occupants any greater obligations than those preciously agreed to by the Owner or Occupants. Each Owner agrees to execute and acknowledge an amendment to this Declaration, and each Occupant agrees to execute and acknowledge a subordination to this Declaration, as so amended, provided that the amendment reflects only the changes required for this Declaration to be consistent with the Amended Plat. (b) At such time as Developer requests, each Owner shall execute an amendment to this Declaration to update the Site Plan with an “as-built” Site Plan (the “Amended Site Plan”) to reflect the Amended Plat and the improvements constructed on the Lots. 4.03 Parking Standards. The parking areas on each Lot will always contain at least that number of parking spaces for automobiles, and driveways and footways incidental to the parking spaces, as is necessary to comply with all City requirements. 4.04 Grading. Any regrading of a Lot shall require the prior written approval of the Association, which approval shall not be unreasonably withheld or delayed. ARTICLE V USE RESTRICTIONS 5.01 Use in General. The Lots may only be used for the purposes permitted by the Design Guidelines which are attached to this Declaration as Exhibit D 5.02 Generally Prohibited Uses. No use or operation will be made, conducted or permitted on or with respect to all or any part of the Property, which use or operation is obnoxious to, or out of harmony with; the development or operation of a first-class commerical area, including but not limited to, the following: (a) Any public or private nuisance.
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(b) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness, or loudness. (c) Any smell that is offensive or objectionable due to its nature or intensity. (d) Any excessive quantity of dust, dirt, or fly ash; provided however, this prohibition shall not preclude the sale of soils, fertilizers, or other garden materials or building materials in containers if incident to the operation of a home improvement or other similar store. (e) Any fire, explosion, or other damaging or dangerous hazard, including the storage, display, or sale of explosives or fireworks. (f) Any assembly, manufacture, distillation, refining, smelting, agriculture, or mining operations. (g) Any mobile home or trailer court, labor camp, junkyard, stock yard, or animal raising. Notwithstanding the foregoing, pet shops shall be permitted within the Property. (h) Any drilling for and/or removal of subsurface substances. (i) Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for that purpose. (j) Any automobile body and fender repair work, except within those Lots to be designed specifically for such use and referred to in an amendment to these covenants. (k) Any flea market or swap meet. (l) Any store in which a substantial portion of the inventory consists of pornography, sexual products, and similar “adult” goods, publications, movies, or videos. 5.03 Rules and Regulations. The Association from time to time may adopt reasonable Rules and Regulations pertaining to the use of the Property by the Occupants, provided that all such Rules and Regulations and other matters affecting the users of the Property (a) will apply equally and without discrimination to all Lots, (b) comply with City ordinances, and (c) are otherwise consistent with this Declaration. Developer adopts the Rules and Regulations attached to this Declaration as Exhibit “F”, until such time as different Rules and Regulations shall be adopted by the Association. An amendment of the Rules and Regulations may be adopted with the approval of the Owners of a majority of the Lots, shall not be deemed to be, nor shall it require, an amendment to this Declaration. 5.04 Additional Use Restrictions and Requirements. In connection with Developer's transfer or conveyance of a Lot, Developer reserves the right to impose such additional restrictions on operation or use requirements on the transferred Lot or the Lots Developer continues to own, which restrictions are consistent and not in conflict with
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Developers then-existing agreements, as may be agreed to by Developer and the Owner. ARTICLE VI MAINTENANCE AND REPAIR 6.01 Common Area Maintenance Obligation. (a) From and after the date upon which the Common Area Improvements are substantially completed by the Developer, the Association shall maintain the Common Area Improvements or cause them to be maintained, in good order, condition, and repair. The Association shall have the right, from time to time, to select another Person or Persons to maintain the Common Area Improvements and delegate the Association’s obligations with respect to the Common Area Improvements to such Person(s). The Association may hire companies affiliated with the Developer to perform the maintenance and operation of the Common Area Improvements, but only if the rates charged by such companies are competitive with those of other companies furnishing similar services in the Bozeman, Montana area. (b) The minimum standard of maintenance for the Common Area Improvements shall be comparable to the standard of maintenance followed in other first-class Commercial Planned Unit Developments of comparable size in the Bozeman, Montana area and in any event in compliance with all applicable governmental laws, rules, regulations, orders, and ordinances, City and County Noxious Weed Management Plans, and the provisions of this Declaration. All Common Area Improvements shall be repaired or replaced with materials at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony and integration of the Property as a whole. In any event, the maintenance and repair obligation shall include but not be limited to the following: (i) Landscaped Areas. Cleaning and maintaining (including any requirement as may be imposed by the City to maintain landscape or to remove debris) all landscaped areas and landscaping in the Common Areas; repairing automatic sprinkler systems or water lines in the Common Areas; irrigating, weeding, pruning, fertilizing, and replacing shrubs and other landscaping as necessary in the Common Areas; and the control of noxious weeds in the Common Areas; provided, however, that if any Owner requires or installs “special' landscaping (i.e. beyond the standard landscaping requirements for the remainder of the Property) in a Common Area, the maintenance and cost of such special landscaping shall be borne solely by such Owner without cost or expense to the other Owners and shall not be included in Common Area Maintenance Costs. (ii) Public Trails. Cleaning, snow removal, maintenance, repair, and replacement of the trails in the Common Areas. (iii) Stormwater retention areas. Taking all actions required to maintain the function and capacity of the stormwater retention areas. Notwithstanding anything to the contrary, each Owner shall maintain and repair, at
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its sole cost, in a clean, sightly and safe condition its Lot and all appurtenances thereto. (c) If the Association fails to maintain or replace Common Area Improvements according to the plans approved by the City, the City may, at its option, maintain or replace those Common Area Improvements in accordance with City ordinances. The City’s representatives, contractors, and engineers will have the right to enter upon the Property and perform such work, and the Association and the Owners will permit them to do so. The City will bill the Association for the cost of the maintenance or replacements. (d) The association is only required to maintain the Common Areas, and is not required to maintain sidewalks and boulevard landscaping which is not part of the Common Areas. Each Owner is responsible for maintaining the sidewalks and boulevards in front of that Owner’s lot. 6.02 Restoration of Common Area Improvements. If any of the Common Area Improvements are damaged or destroyed, whether insured or uninsured, the Association shall restore, repair, or rebuild those Common Area Improvements with all due diligence as nearly as possible to at least as good a condition as they were in immediately prior to the damage or destruction. Any cost of the restoration, repair, or rebuilding which is not reimbursed by insurance shall be a Common Area Maintenance Cost. 6.03 Common Area Maintenance Costs. Common Area Maintenance Costs shall include, without limitation, all expenditures, costs, premiums, and expenses for the following: (a) casualty and public liability insurance for the Common Areas and improvements located on the Common Areas, in the amounts and types set forth in Article X below, and payment of any deductible amount in the event of a claim; (b) repairs for any damage to the Common Area Improvements, to the extent that those costs are not covered by insurance proceeds; (c) all general maintenance and repairs with respect to the Common Area Improvements, whether required by the enactment or operation of law, or otherwise, including, without limitation, resurfacing, cleaning, sweeping, and snow removal of the trails; (d) maintenance and repair of light standards, all plantings, sprinkler systems, and landscaping; (e) any public utility or governmental charges, surcharges, and any other costs levied, assessed, or imposed pursuant to assessment districts, laws, statutes, regulations, codes, and ordinances promulgated under or created by any governmental or quasi-governmental authority in connection with the development of the Property or the use of the Common Areas;
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(f) necessary tools and supplies; (g) other costs and fees necessary or beneficial, in the Association’s reasonable judgment, for the maintenance and operation of the Common Areas, including the cost of enforcing the terms of this Declaration which are applicable to the Common Areas. 6.04 Payment of Common Area Maintenance Costs. Common Area Maintenance Costs shall not include any costs of the initial construction of the Common Area Improvements, which will be constructed by the Developer. After the initial construction of the Common Area Improvements, the Common Area Maintenance Costs shall be paid to the Association by each Owner as follows: (a) Each Owner shall pay the Association, on the first day of each calendar month, an amount reasonably estimated by the Association to be one twelfth (1/12) of that Owner's share of the annual Common Area Maintenance Costs (which estimate, except for the first calendar year, shall be based on the prior year's expenses and reasonably anticipated changes in cost). A Owner's share of Common Area Maintenance Costs during any applicable monthly, quarterly or annual accounting period shall be the total Common Area Maintenance Costs incurred during that period multiplied by the quotient arrived at by dividing the number of square feet in that Owner's Lot, not including any portion of the Lot which is in the right-of-way for any street, by the total number of net square feet in all of the Lots. This estimated monthly charge may be adjusted by the Association at the end of any calendar quarter on the basis of the Association’s experience and reasonably anticipated costs. (b) Within a reasonable time following the end of each calendar year, the Association shall furnish to each Owner a statement covering the calendar year just expired showing the total amount of Common Area Maintenance Costs incurred by the Association, the amount of each Owner's share of the Common Area Maintenance Costs for that calendar year, and the payments made by each Owner with respect to that calendar year as required by subparagraph (a) above. Owners shall have the right to audit any such statements in accordance with subparagraph (e) below. If a Owner's share of the Common Area Maintenance Costs exceeds that Owner's payments, the Owner shall pay the deficiency to the Association within ten (10) days after receipt of the statement. If the payments exceed that Owner's share of the Common Area Maintenance Costs, the Owner shall be entitled to offset the excess against the next payments which become due to the Association pursuant to subparagraph (a) above. (c) Payment of any Common Area Maintenance Costs owed to the Association under this Declaration which is more than ten (10) days past due shall be subject to a late payment penalty of ten percent (10%). In addition, for as long as the amounts owed to the Association remain unpaid, those unpaid amounts shall bear interest at the Default Rate. Each Owner acknowledges that the late payment of any monthly installment will cause the Association to incur certain costs and expenses not otherwise contemplated, the exact amount of which is extremely difficult and impractical to fix. Those costs and expenses will include, without limitation, administrative and collection costs, processing and accounting
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expenses, and other costs and expenses necessary and incidental to those costs and expenses. It is, therefore, agreed that this late charge represents a reasonable estimate of those costs and expenses and is fair compensation to the Association for its loss suffered by the Owner’s nonpayment. The late charge provisions contained in this section are in addition to and do not diminish or represent a substitute for any or all of the Association’s other rights to enforce the provisions of this Declaration. (d) Within six (6) months after receipt of any Common Area Expense statement, any Owner may audit that statement. If it is determined as a result of an audit that the auditing Owner has paid in excess of the amount required pursuant to this Declaration, then the overpayment shall be credited toward the next installment that would otherwise be due from the Owner. In addition, if the Owner paid more than five percent (5%) over the amount that the Owner should have paid (as determined by the approved audit), then the Association shall pay all of the auditing Owner's reasonable costs and expenses connected with the audit. (e) Notwithstanding anything contained in this Declaration to the contrary and without in any way modifying or limiting a Owner's obligations under this Declaration, each Owner may enter into agreements with its Occupants pursuant to which the Occupants are obligated to reimburse the Owner for some or all Common Area Maintenance Costs allocable to the Lot and/or other expenses related to the operation and maintenance of the Common Areas on terms which are more or less favorable than the terms of this Declaration with respect to that Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, subject to the immediately following sentence, the Owner will make up the shortfall. Likewise; in connection with the transfer or conveyance of a Lot, the Association may enter into an agreement with the respective Owner pursuant to which the Owner is obligated to reimburse the Association for some or all Common Area Maintenance Costs allocable to the subject Lot and/or other expenses related to the operation and maintenance of the Common Areas on terms which are more or less favorable than the terms of this Declaration with respect to that Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, the Association shall assume the shortfall. 6.05 Building Improvements. After completion of construction on its Lot, each Owner or its Occupant shall, at its sole cost and expense, maintain and keep its improvements located on its Lot in first-class, good, clean condition and state of repair, in compliance with all governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction over them, and in compliance with the provisions of this Declaration. Each Owner or its Occupant shall store all trash and garbage in adequate containers, will locate those containers so that they are not readily visible from the parking area, and will arrange for regular removal of the trash or garbage. If a Owner or its Occupant fails to comply with Section 7.05, then the Association shall have the right to give the defaulting Owner written notice of the default, specifying the particulars of the default. If the Owner which receives the notice fails to cure the default within thirty (30) days after its receipt of the notice, or if the nature of the default is such that it cannot be reasonably cured within a
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thirty (30) day period and the Owner does not commence to cure the default within the thirty (30) day period and thereafter diligently pursue the cure to completion, then the Association may cure the default and then bill the defaulting Owner for the expense incurred. If the defaulting Owner does not pay the bill within fifteen (15) days, the Association shall have all rights with respect to the bill as are provided for in Article XII. 6.06 Control of noxious weeds. The Association will control Noxious Weeds in the Common Areas, and each Owner will control Noxious Weeds in that Owner’s Lot, as required by the Montana Noxious Weed Control Act (Mont. Code Ann. Section 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District, as they may be amended from time to time. Both unimproved and improved lots shall be managed for Noxious Weeds. If a Owner does not control the Noxious Weeds on that Owner’s Lot within ten days after receiving a written demand for that action from the Association, the Association may cause the Noxious Weeds to be controlled, and may assess the cost of the control against the Owner pursuant to Article 6.05 of this Declaration ARTICLE VII ENVIRONMENTAL MATTERS 7.01 Duties of Owners. Except as provided in Section 11.03, neither Owners nor Occupants shall release, generate, treat, use, store, dump, transport, handle, or dispose of any Hazardous Material within the Lots or otherwise permit the presence of any Hazardous Material on, under, or about the Lots or transport any Hazardous Material to or from the Lots. Any such use, handling or storage permitted under Section 11.03 shall be in accordance with all Environmental Laws and all other applicable laws, ordinances, rules, and regulations now or hereafter promulgated by any governmental authority having jurisdiction thereof. Neither Owners nor Occupants shall install, operate or maintain any above, below, or at grade tank, sump, pit, pond, lagoon, or other storage or treatment vessel or device on or about the Lots with the exception of gasoline, diesel and/or oil underground storage tanks or other storage devices or containers utilized in connection with an automobile gasoline and/or service station provided that such use is permitted in the Property, and further provided that the operator of the service station has obtained the Association’s consent to the underground storage tanks or other storage devices or containers pursuant to last paragraph of Section 11.03 of this Declaration. 7.02 Specific Construction Materials. No Owner or Occupant shall introduce, or permit any other Person to introduce, any friable asbestos, radioactive material, urea formaldehyde foam insulation, or devices containing polychlorinated biphenyls (PCBs) into any portion of the Property. 7.03 Permitted Use, Storage, Handling, and Disposal of Hazardous Materials. Notwithstanding anything contained in Section 11.01 to the contrary, incident to the normal operation of motor vehicles within the Parking Areas, the Owners and their Occupants may utilize gasoline and petroleum products used to fuel and/or lubricate motor vehicles. In addition, notwithstanding anything contained in Section 11.01 to the contrary, the Owners
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or their Occupants may utilize cleaning products and sell and otherwise merchandise products, which may contain Hazardous Materials, so long as those products are commonly utilized for maintenance purposes or merchandised in other Commerical areas, and so long as those products are safely handled and stored in compliance with applicable laws. A Owner or its Occupants may also use other Hazardous Materials in connection with its use of its Lot if the Owner has received the Association’s prior consent to the use. The Association shall not unreasonably withhold or delay its consent provided (i) the Owner or Occupant demonstrates to the Association’s reasonable satisfaction that the Hazardous Materials (a) are necessary or useful to the Owner's or Occupant’s business, (b) will be monitored, used, stored, handled, and disposed of in compliance with all Environmental Laws, (c) will not endanger any persons or property, (d) are consistent with and normally found in first-class commercial establishments, and (e) will not invalidate or limit the coverage or increase the premiums of any insurance policy effecting or covering the Store, the Lot, or the Property; (ii) such use is not prohibited by Article VI of this Declaration; (iii) the Owner or Occupant provides the Association with such security as may be reasonably required by the Association; and (iv) the Owner or Occupant satisfies any other requirements the Association may reasonably impose with respect to the Owner's or Occupant's use of the Hazardous Materials. ARTICLE VIII ASSESSMENT LIENS 8.01 Assessment Lien. If any sum of money payable by any Owner pursuant to any provision of this Declaration to the Association is not paid when due, and after the defaulting Owner has been notified in writing of the default and the expiration of any applicable grace period set forth in this Declaration, or a reasonable period of time not to exceed thirty (30) days if there is no express grace period, the Association shall have the right to record, in the office of the Gallatin County Clerk and Recorder, a notice of Assessment Lien (“Notice of Assessment Lien”) which shall set forth the then-delinquent amount owed by the defaulting Owner (including, if applicable, interest at the Default Rate) and a legal description of the Lot within the Property owned by that defaulting Owner. Upon recordation of a Notice of Assessment Lien, the then delinquent amount owed by the Owner, together with interest on that amount, shall constitute an Assessment Lien upon the Lot described in the Notice of Assessment Lien. If the amount secured by an Assessment Lien is not paid in full within ten (10) days after a Notice of Assessment Lien has been recorded, and the Owner has been provided with a copy of the recorded Notice of Assessment Lien, the Person to whom the amounts are owed may enforce payment of the assessment or other amount due, or enforce the Assessment Lien against the property of the delinquent Owner, by foreclosing the Assessment Lien against the delinquent Owner’s Lot in accordance with the laws relating to the foreclosure of realty mortgages (including the right to recover any deficiency), either judicially or non-judicially under a power of sale, such power being hereby granted to the Association as a mortgagee.
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8.02 Assessments as Personal Obligations. Each amount due by a Owner pursuant to any provision of this Declaration, together with interest at the Default Rate, costs and attorneys' fees, shall be the personal obligation of the defaulting Owner, but the personal obligation of the Owner shall not be deemed to discharge or limit the lien on that Owner’s Lot. No Owner shall avoid liability for payment of any amount due under this Declaration which fell due while that Person was the Owner by nonuse of the Common Areas or by transfer or abandonment of the Owner's property. If any Lot within the Property as to which a Notice of Assessment Lien has been recorded pursuant to Section 12.01 is sold, conveyed or otherwise transferred, in whole or in part, by the Owner of that Lot, the property shall remain subject and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien. 8.03 Superiority of Assessment Lien. The Assessment Lien provided for above shall be superior to any and all other charges, liens and encumbrances which hereafter in any manner may arise or be imposed upon any portion of the Property, regardless of the order of filing of any of the foregoing; provided, however, that the Assessment Lien shall in all events be subject and subordinate to: (a) Liens for taxes and other public charges which by applicable law are expressly made superior to the lien of the Assessment Lien; (b) Any mortgages, trust indentures, deeds of trust, or security instruments of any kind recorded in the office of the County clerk and recorder prior to the date of recordation of a Notice of Assessment Lien; provided, however, that all liens recorded after the recordation of a Notice of Assessment Lien shall be junior and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien; and (c) The rights of any and all Occupants occupying any portion of the Property under written leases, whether the lease at issue was dated and/or a notice of the lease was recorded before or after the Assessment Lien at issue. If a Owner is delinquent in paying any amounts due under this Declaration, and as a result of the delinquency a Notice of Assessment Lien is recorded as provided in this Declaration, the Association may record subsequent Notices of Assessment Lien as to any amounts owed by that Owner which become delinquent after the recordation of the initial Notice of Assessment Lien, and the priority of the Assessment Lien as to any amounts thereafter becoming delinquent shall be fixed as of the date of recordation of the initial Notice of Assessment Lien, but only if the initial Notice of Assessment Lien has not been discharged. A person may prosecute a single Assessment Lien foreclosure action as to amounts delinquent at the time a Notice of Assessment Lien is recorded and as to amounts thereafter becoming delinquent, up to and including the time a final judgment is rendered in the action. 8.04 Release of Assessment Lien. Within 10 days after the curing of any default for which a Notice of Assessment Lien was recorded, the Association will record an
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appropriate release of any Notice of Assessment Lien upon payment by the defaulting Owner of a reasonable fee, to be determined by the Association, to cover the costs of preparing and recording the release, together with the payment of such other costs, including, without limitation, reasonable legal fees, court costs, interest, and fees, as the Association shall have incurred in connection the Assessment Lien. 8.05 Litigation of Assessment Lien. Notwithstanding any provision contained in this Declaration, any Owner shall have the right to contest, in a court of competent jurisdiction, the recordation of any Notice of Assessment Lien against that Owner’s Lot on the basis that the recordation of the Notice of Assessment Lien or the amounts claimed to be delinquent in the Notice of Assessment Lien are incorrect or improper under the provisions of this Declaration. The prevailing party in the action shall be entitled to recover from the other party or parties its reasonable attorneys' fees incurred in connection with the action. 8.05 Certificate regarding payment of Assessments. At the written request of any Owner, the Association will provide that Owner with a certificate in recordable form signed by an officer of the Association which states whether any of the Assessments levied on that Owner’s Lot have not been paid as of the date of the certificate, and if so the amounts and due dates of the unpaid Assessments, the interest which has accrued on the unpaid Assessments as of the date of the certificate, and the amount of interest which will accrue on the unpaid Assessments each day until they are paid. Neither the Owner nor any Person who subsequently purchase the Lot or obtains a mortgage or trust indenture on the Lot will be liable for any unpaid Assessments which are not disclosed by such a certificate, and the Lot will not be subject to a lien for any unpaid Assessments which are not disclosed by such a certificate.
8.06. Assessment liens which may be imposed by the City. If the Association fails to maintain the Common Areas and the Common Area Improvements after a written demand for such maintenance has been made to the Association or the Owners by the City, the City may enter the Common Areas and maintain them. The cost of the maintenance will be a personal obligation of the Owners, and if the costs are not paid when due, the costs will constitute a lien against the Lots which the City can enforce in the manner provided by law for foreclosing mortgages, and a lien on the Common Areas which the City can collect in the manner provided by law for collecting general property taxes. ARTICLE IX AMENDMENT 9.01 Amendment of this Declaration. This Declaration, including the Design Guidelines in Exhibit D and the Sign Guidelines in Exhibit E, may be amended with the approval of the Owners of at least 80 percent of the Lots, and the Rules and Regulations in Exhibit F may be amended with the approval of the Owners of at least 50 percent of the Lots. An Owner’s approval of a proposed amendment must be indicated by the execution of a consent to amendment in recordable form by the Owner. The consent to amendment must contain the full text of the proposed amendment or amendments to this Declaration. After sufficient consents have been obtained, the Association must record a notice of the amendment of this Declaration, together with the consents which provide the basis for the amendment. 9.02. Consent of the City required for certain amendments. The following provisions were included in this Declaration as a condition to approval of the final Plat, and may not be amended or revoked by the Owners unless the City Commission consents to the amendment: [LIST PROVISIONS, IF ANY, INCLUDED AS A CONDITION TO FINAL PLAT APPROVAL]. ARTICLE X MISCELLANEOUS 10.01 Binding Effect. All of the limitations, covenants, conditions, easements, and restrictions contained in this Declaration shall attach to and run with the title to each Lot and shall benefit or be binding upon the successors and assigns of the respective Owners. This Declaration and all the terms, covenants, and conditions contained in it shall be enforceable as covenants which run with the land in favor of all or any portion of the Lots. 10.02 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Declaration shall entitle any Owner to cancel, rescind, or otherwise terminate this Declaration, and such limitations shall not affect in any manner any of the rights or remedies which the Owners may have by reason of any breach of this Declaration. 10.03 Enforcement of this Declaration. The provisions of this Declaration may be enforced either by the Association or by any Owner. If any dispute arises with respect to
this Declaration, before the Association and/or the Owners involved in the dispute file a lawsuit, they will attempt to resolve the dispute with the assistance of a professional mediator, or through other mutually acceptable means of dispute resolution. If the parties to the dispute are unable to resolve the dispute through those means, then any of the parties to the dispute may file a lawsuit requesting specific performance, injunctive relief, declaratory relief, damages, or any other remedy provided by law or available in equity. In addition to the recovery of any amounts expended on behalf of the defaulting Owner, the prevailing party in the litigation shall be entitled to recover from the losing party such amount as the court may adjudge to be reasonable attorneys' fees and costs, both at trial and on appeal. 10.04 Breach - Effect on Mortgagee and Right to Cure. Breach of any of the covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien of any Mortgage made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any Owner who acquires title by foreclosure, by trustee's sale, or by deed in lieu of foreclosure or trustee's sale; provided, however, that any such Owner who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale shall take title free of any liens created or provided for under this Declaration, though otherwise subject to the provisions of this Declaration. Notwithstanding any other provision in this Declaration for notices of default, the Mortgagee of any Owner in default under this Declaration shall be entitled to notice of the default, in the same manner that other notices are required to be given under this Declaration; provided, however, that the Mortgagee shall have, prior to the time of the default, notified the Association of the Mortgagee's interest and mailing address. If any notice is given of the default of a Owner and the defaulting Owner has failed to cure or commence to cure that default as provided in this Declaration, then the Association or the Owner giving the notice of default covenants to give the Mortgagee (which has previously given the notice described above to the Owner) under any Mortgage affecting the Lot of the defaulting Owner an additional notice given in the manner provided above, that the defaulting Owner has failed to cure the default and the Mortgagee shall have thirty (30) days after the additional notice to cure the default, or, if the default cannot be cured within thirty (30) days, diligently to commence curing within such time and diligently pursue such cure to completion within a reasonable time after the notice of default. The giving of any notice of default or the failure to deliver a copy of the notice to any Mortgagee will not create any liability on the part of the Association or the Owner which declares a default. 10.05 Effect on Third Parties. The rights, privileges, or immunities conferred under this Declaration are for the benefit of the Owners and not for any third party. 10.06 No Partnership. Neither this Declaration nor any acts of the Owners shall be deemed or construed by the parties to this Declaration, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between any of the Owners to this Declaration. 10.07 Modification. No modification, waiver, amendment, discharge, or change of this Declaration shall be valid unless it is in writing and signed by all of the Owners. Consent to a change or alteration of this Declaration requested with respect to a specific
Lot in order to facilitate the business being pursued by the Occupant of that Lot shall not be unreasonably withheld by any Owner or other person or entity whose consent or approval or the change or alteration is required by this Declaration, unless the change or alteration would have a material adverse affect on the Owner or other person or entity. If a request to change or alter this Declaration is made by any “institutional lender,” as defined in this section, proposing to extend credit to be secured by a first trust indenture, first deed of trust, or first mortgage on the interest of any Owner, in order to (i) clarify the rights of that lender under this Declaration and/or (ii) otherwise better secure to the lender its ability to protect its security, consent to the changes or alteration of this Declaration shall not be unreasonably withheld by any Owner or other person or entity whose consent or approval of the changes or alteration is required by this Declaration. The term “institutional lender,” as used in this section, shall be deemed to mean any bank, savings or building and loan association, trust, or other similar institutional type of lender (including loan service correspondent companies designated by any such lender). 10.08 Severability. If any term, covenant, condition, provision, or agreement contained in this Declaration is held to be invalid, void, or otherwise unenforceable, by any court of competent jurisdiction; the holding shall in no way affect the validity of enforceability of any other term, covenant, condition, provision, or agreement contained in this Declaration. 10.09 Governing Law. This Declaration and the obligations of the Owners under this Declaration shall be interpreted, construed, and enforced in accordance with the laws of the State of Montana. 10.10 Terminology: Captions. All personal pronouns used in this Declaration, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural and vice versa. Article and section titles or captions contained in this Declaration are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Declaration or any provisions of this Declaration. 10.11 Counterparts. This Declaration may be executed in multiple counterparts, each of which shall be deemed to be an original agreement, and all of which shall constitute one agreement. 10.12 Consent. In any instance in which any Owner shall be requested to consent to or approve of any matter with respect to which consent or approval is required by any of the provisions of this Declaration, the consent or approval or disapproval shall be given in writing. 10.13 Estoppel Certificate. Each Owner severally covenants that upon written request of any other Owner it will issue to the other Owner or to any prospective Mortgagee or purchaser of the other Owner's Lot an Estoppel Certificate stating: (a) whether the Owner to whom the request has been directed knows of any default under this Declaration and if there are known defaults specifying the nature of those defaults; (b) whether to its knowledge this Declaration has been assigned, modified, or amended in any way (and if it
has, then stating the nature of the modifications or amendments); and (c) whether to the Owner's knowledge this Declaration as of that date is in full force and effect. 10.14 Not a Public Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of the Property to the general public or for the general public or for any public purpose whatsoever, it being the intention of the Developer that this Declaration shall be strictly limited to and for the purposes expressed in this Declaration. 10.15 Release. If a Owner sells, transfers, or assigns its entire Lot or its interest in its Lot, it shall, except as provided in this Declaration, be released from its unaccrued obligations under this Declaration from and after the date of the sale, transfer or assignment. It shall be a condition precedent to the release and discharge of any Grantor or assignor Owner from its unaccrued obligations under this Declaration that the Grantor or assignor shall give notice to the Association of the sale, transfer, conveyance, or assignment and the name and address of the transferee within thirty days after the filing for record of the instrument effecting the same,. Anything in this section to the contrary notwithstanding, it is expressly understood and agreed that no sale, transfer, or assignment of a Lot shall effectuate a release of its Transferor with respect to obligations which accrued prior to the transfer. 10.16 Eminent domain. If any part of the Common Areas shall be taken by eminent domain or any other similar authority of law, the entire award for value of the land and improvements so taken shall belong to the Association. However, any Owner whose Lot is affected by the condemnation of the Common Areas may file a claim with the condemning authority over and above the value of the Common Areas so taken to the extent of any damage suffered by that Owner’s Lot resulting from the severance of the area taken. 10.17 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 10.18 Excuse for Nonperformance. Each Owner shall be excused from performing any obligation or undertaking provided in this Declaration, except any obligation to pay any sums of money under the applicable provisions of this Declaration (unless the payment is conditioned upon performance of any obligation or undertaking excused by this Section), if and so long as the performance of the obligation is prevented or delayed, retarded, or hindered by act of God, fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment facilities, materials, or supplies in the ordinary course on the open market, failure of normal transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of governmental agencies, approvals, or permits despite the exercise of due diligence and best efforts by a Owner or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of the Owner, other than the lack of or inability to obtain funds.
10.19 Duration. This Declaration and each term, easement, covenant, restriction, and undertaking of this Declaration will remain in effect for a term of sixty (60) years from the its recordation date and will automatically be renewed for successive ten (10) year periods thereafter unless the Owners owning two-thirds or more of the land comprising the Property elect in writing not to so renew. 10.20 Waiver of Default. No waiver of any default by any Owner shall be implied from any omission by any other Owner to take any action in respect of the default if the default continues or is repeated. No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in the express waiver. One or more written waivers of any default in the performance of any term, provision, or covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision, or covenant or any other term, provision, or covenant contained in this Declaration. The consent or approval by any Owner to or of any act or request by any other Owner requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any Owner by this Declaration shall be deemed to be cumulative and no one of such rights and remedies shall be exclusive of any of the others, or if any other right or remedy at law or in equity which any Owner might otherwise have by virtue of a default under this Declaration, and the exercise of one right or remedy by any Owner shall not impair the Owner's standing to exercise any other right or remedy. 10.21 Common Ownership. The ownership of all Lots in the Property by the same Person shall not result in the termination of this Declaration. Executed as of _____________, 2006. PT LAND By:___________________________________ Jerry Perkins, Partner STATE OF _________________ ) :ss COUNTY OF _______________ ) This instrument was acknowledged before me on _________________, 2006, by _________________________ as a general partner of PT Land. Notary’s signature_______________________________ (SEAL) Notary’s name:_______________________________
Notary public for the state of ____________________ Residing at __________________________________ My commission expires ___________________, 20____
EXHIBIT “A” LEGAL DESCRIPTION OF THE PROPERTY Lots 1-5 of Block 1, Lots 1-4 of Block 2, Lots 1-6 of Block 3, and Lots 1-3 of Block 4 of the plat of PT Land Subdivision, in the City of Bozeman, Gallatin County, Montana, according to the official recorded plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Plat Reference: _____)
DECLARATION OF COVENANTS, EXHIBIT A, LEGAL DESCRIPTION, PAGE 1
DECLARATION OF COVENANTS, EXHIBIT F, RULES AND REGULATIONS, PAGE 1
EXHIBIT “F” RULES AND REGULATIONS A. Lots 1. Each Owner shall use its best efforts to require the Occupants of that Owner’s Lot to comply with all regulations with respect to the Common Areas, including, but not by way of limitation, posted speed limits, directional markings and parking stall markings. 2. All trash, refuse, and waste materials shall be regularly removed from the premises of each Lot within the Property, and until removal shall be stored (a) in adequate containers, which containers shall be covered with lids and shall be located so as not to be visible to the general public shopping in the Property, and (b) so as not to constitute any health and fire hazard or nuisance to any Occupant. Occupants who utilize an exterior trash storage receptacle and who are responsible for arranging for the regular removal of trash from that receptacle shall cause the removal to occur between the hours of 7 a.m. and 10 p.m. 3. Except as may be permitted by the Association or by the terms of an occupant’s lease, neither sidewalks nor walkways shall be used to display, store or place any merchandise, equipment, or devices. 4. No advertising medium shall be utilized which can be heard or experienced outside of any Lot, including, without limiting the generality of the foregoing, flashing lights, searchlights, loud speakers, phonographs, radios, or television. 5. No use shall be made of the Property or any portion or portions of the Property which would (a) violate any law, ordinance, or regulation, (b) constitute a nuisance, (c) constitute an extra-hazardous use, or (d) violate, suspend, or void any policy or polices of insurance on the Lots. 6. The Owners and Occupants shall use their best efforts to require all trucks servicing their respective Lots to load and unload those trucks so as not to materially interfere with the operation of the other Lots within the Property.
EX WEX SS W SSDBAXTER LANEOAK STREETNORTH 11TH AVENUE FUTURE TSCHACHE LANENORTH 15TH AVENUE
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EX WEX WEX WEX WEX WEX WEX WEX WEX WSDSDSD W W W W W W W W WPRELIMINARY PUD PLANPT LAND PROPERTYLOCATED IN SECTION 1, T 2S, R 5E, P.M.M.,NCITY OF BOZEMAN, GALLATIN COUNTY, MONTANAGENERAL NOTES:GROSS AREAREQUIREDTOTALPROVIDEDGREENWAYWETLAND/STREAMOTHEROPEN SPACELOT #LEGEND:BRIDGER PEAKS VILLAGEVICINITY MAPKENYON-NOBLE LUMBERUSABLE SPACEBUILDINGBLOCK #OWNERENGINEERSITE PLAN APPLICANT OF LOT 1, BLOCK 1
FFE=4734.0012" HDPE PIPE15" HDPE PI
PE
12" HDPE PIPE
(SEE PUD PLAN AND STORMWATER MASTER PLAN)
'
3011 Palmer Street
Missoula, MT 59808
Phone: (406) 542-8880
Fax: (406) 542-4801
SHEET NUMBER
PROJECT NUMBER
DRAWING NUMBER
DRAWN BY:
CHK'D. BY:
APPR. BY:
DATE:
Q.A. REVIEW
DATE:BY:
COPYRIGHT MORRISON-MAIERLE, INC.,2006
VERIFY SCALE!
THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING.
MODIFY SCALE ACCORDINGLY!
REVISIONS
DATEDESCRIPTIONNO.BY
M:\3948\004\ACAD\EXHIBITS\BANK GRADING AND DRAINAGE.DWG PLOTTED BY:MOCONNELL ON Jul/26/2006
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BOZEMAN MONTANA
MJO
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07/26/06
AMERICAN FEDERAL SAVINGS BANK
PRELIMINARY GRADING AND DRAINAGE PLAN
GENERAL NOTES
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W W W W W W W W W W W W W WDate6-21-2006Scale:1"=60’-0"FileDesigned for:Signed:Date:L-1Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
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Date6-21-2006Scale:1"=60’-0"FileDesigned for:Signed:Date:L-2Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
TSCHACHE LANE
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SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD W W W W W W
EX SSEX SS SEX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WDate6-21-2006Scale:1"=20’-0"File: Designed for:Signed:Date:L-1Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
RESPONSE TO PREAPPLICATION COMMENTS Response to City of Bozeman memorandum to Development Review Committee dated 3/22/06 GENERAL 1. This proposed Subdivision is located within the following payback districts:
• Hampton Inn Sewer Payback
• Baxter Lane and North 19th Signal Payback
• Tange LLC Water Payback
The applicant has already participated in the Hampton Inn Sewer Payback and Tange
LLC Water Payback and will provide documentation to the City. Upon previous inquiry,
the City indicated that the PT Land parcel is not within the Baxter Lane and North 19th
Signal Payback area. 2. Unless currently filed with the property, the applicant is advised executed Waivers of Right to Protest Creation of S.I.D.’s shall be provided and filed with the County Clerk and Recorder’s office for the following: a. Signalization of the intersection of Oak Street and North 11th Ave. b. Signalization of the intersection of Oak Street and North 15th Ave. c. Intersection improvements at Oak Street and North 7th. d. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). The document filed shall specify state that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof.
The applicant agrees to participate in the above mentioned Waivers of Right to Protest
Creation of S.I.D.’s as a condition of Final Plat approval with the exception of the
signalization of Oak Street and North 11th Avenue. Kenyon-Noble has agreed to pay for
that improvement. 3. Proposed phasing shall be depicted on the preliminary plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission. Phases shall be numbered in the order in which they are to be built.
Proposed phasing is noted on the Preliminary PUD Plan and within the Preliminary
Plat/PUD Narrative. Phase 1 includes Lots 1-5 of Block 1. The subsequent phases are
numbered according to block number; however, the order is which the phases are to be
built is dependant upon demand and is not determined at this time. The phasing
schedule also identifies improvements required to support each phase. STORMWATER 4. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silts, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. Currently, there exists a temporary storm drainage easement on this property for several adjoining streets and a neighboring lot. Prior to development an adequate permanent drainage plan must be submitted and approved by the City Engineer, and any easements for the temporary ponds must be properly vacated.
A Stormwater Master Plan is included with the PT Land Preliminary Plat/Planned Unit
Development application package. A Final Grading and Drainage Plan will be submitted
to Engineering as part of the infrastructure plan and specification review process. WATER AND SEWER 5. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and proposed fire hydrants.
Existing and proposed water and sewer mains and easements are shown on the PUD
Plan and Preliminary Plat. 6. The Developer’s engineer will be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities which must be provided
to and approved by the City Engineer. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Developer will be responsible to complete the necessary system improvements to serve the full development.
A detailed comprehensive design report or Basis of Design Report will be prepared as
part of the infrastructure plan and specification review process and will follow the report
format as defined by City of Bozeman Design Standards and Specifications Policy. 7. It should be noted that this site is located in an area of high water pressure. The design of the water infrastructure will need to account for this high pressure. The installation of a pressure reducing valve(s) (PRV) will be required. For further detail please feel free to contact the city engineering office or the water/sewer department.
The proposed design accounts for the area of high water pressure and includes a
pressure reducing station. Morrison-Maierle, Inc has coordinated with the City Water
Department on this issue. 8. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to Final plat approval and shall be shown on the plat.
Public utility easements adhere to width standards for water and sewer. 9. All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping.
All proposed water main extensions of more than 500 feet are fully looped. Water and
sewer main extensions are provided to property lines as deemed appropriate. STREETS, CURB & GUTTER AND SIDEWALKS 10. Proposed street widths shall be indicated on the submittal. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Streets within the subdivision will be City standard width. Detailed review of the street and intersection design and approval by the City Engineer will be required as part of the infrastructure plan and specification review process.
Proposed street widths are indicated in Figure 3 of the Preliminary Plat/PUD application
package. A request to substitute a meandering trail for a City Standard sidewalk on the
north side of Tschache Lane and the south side of Baxter Lane is included with the
Preliminary Plat/PUD application package. Street and intersection design will be
submitted to Engineering as part of the infrastructure plan and specification review
process. 11. Tschache Lane must be extended the entire length of the subdivision, so as to connect North 15th Ave. to North 11th Ave. North 15th Ave., or a comparable public street, must be extended to the north as to connect Oak Street to Baxter Lane. All wetlands regulations and stream setbacks must be abided by when considering the alignment of these roads. All alignments and designs of these roads must be reviewed and approved by the city engineering department.
This project proposes a private street between Tschache Lane and Baxter Lane and
extend North 15th Avenue to Tschache Lane. The Preliminary Plat/PUD application
narrative offers 3 example alignments of the private drive. In effort of accommodating
competing interests, a relaxation to BMC 18.42.100.B.3.c.Watercoarse Setbacks is
requested for the construction of North 15th Avenue between Patrick Avenue and
Tschache Lane. 12. All street names must be approved by the Gallatin County Road Office and City Engineering Department prior to preliminary plat and final plat approval.
No new street names are proposed because existing streets with respective names are
extended. 13. A detailed Traffic Impact Analysis prepared by a qualified Traffic Engineer registered in the State of Montana shall be provided to and approved by the City Engineer. The Report shall include recommendations for any necessary off-site roadway improvements.
A detailed Traffic Impact Analysis is included with the Preliminary Plat/PUD application
package. The report includes recommendations for off-site improvements. 14. Any public street rights of way for which easements have been provided shall be dedicated to the City on the preliminary plat for this subdivision.
All future public street right-of-ways are noted on the plat as dedicated to the City. 15. Upon development, a 10 foot wide asphalt pathway must be installed the length of the lot on the south side of the property along Oak Street. This pathway must provide ADA approved access the entire length of the lot.
A 10-foot wide asphalt pathway is proposed on the south side of Lot 1 of Block 1.
16. The full width of Baxter Lane that fronts this proposed subdivision shall be improved to meet all current collector standards. This includes but not limited to pavement, curb and gutter, and all necessary signage and striping.
Baxter Lane will be improved to current collector standards as part of this project. The
development of Baxter Lane will be triggered by the development of Lot 1, Block 4. MISCELLANEOUS 17. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contact by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance.
A Stormwater Pollution Prevention Plan and Notice of Intent will be completed and
delivered to the Department of Environmental Quality during the infrastructure design
review process. 18. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer’s shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval.
The applicant recognizes that permits shall be obtained through the affected agencies
prior to Final Site Plan approval as the permits pertain to each respective phase. 19. Detailed review and approval of the construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved.
Design will be submitted to Engineering as part of the infrastructure plan and
specification review process. The applicant recognizes that a building permit will not be
issued until each plan is approved. Response to City of Bozeman Design Review Board Staff Report dated 3/22/06: RECOMMENDATION The Design Review Board will need to provide recommendations to the applicant for consideration in developing their Preliminary Plan. Once submitted, the Preliminary plan will be brought before the Design Review Board for formal recommendation to the City Commission. 1. No conceptual building elevations of the proposed first phase, or draft design guidelines have been provided, the information provided may not be adequate for the
Design Review Board to provide input on the design. Although Staff suggested that the applicant submit conceptual architectural information for DRB review, none has been received to date.
Architectural information provided with the Preliminary Plat/PUD application has
attempted to incorporate Planning Staff and Design Review Board comments. 2. The Development Guidelines need to be extremely well articulated with visual examples.
The Development Guidelines incorporate neighborhoods and design concepts in the
body of the document. The proposed guidelines incorporate Design Review Board
comments and suggestions, address Entryway Corridor Guidelines, and reflect the
owner’s vision of this project. 3. In addition to the Development Guidelines Submittal Requirements pursuant to 18.36.070.D, the Development Guidelines shall include the following, as described in the Design Objectives Plan:
• Architectural Guidelines: building orientation, off-street parking lot orientation, sign guidelines, lighting, dimensional guidelines, mechanical equipment screening;
• Landscape Guidelines: entryway corridor landscape guidelines, streetscape, off-street parking lot screening, outdoor storage/display areas, perimeter buffering from other land uses, arterial noise buffering, development entrance, protective covenants; and
• Pedestrian Circulation: between off-street parking lots, between adjacent lots, coordinated sidewalk system, bicycle circulation, trails/pathways.
The above referenced submittal requirements are included in the Development
Guidelines located in the Preliminary Plat/PUD application package. 4. In addition to the “Greenway Park” landscape standards for the 50-foot setback along Oak Street, street trees are required to be located 1-foot from the multi-use path on the right-of-way side at 50-foot intervals.
The proposed Landscape Plans incorporates “Greenway Park” landscape standards. 5. Development in West Oak Street entryway corridors shall earn at least 30 performance points developed as open space, exclusive of required off-street parking lot interior landscape. Open space in the front yard setbacks for each zone may contribute to the required open space provision. Property located outside, but adjacent to the entryway corridor overlay, which provide linked common open space areas, and contributes to the intent and purpose of this section may be applied towards the open space provisions based on the merits of the proposal and its ability to accomplish the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan.
This project meets 30 performance points through open space allocation across the
planned unit development. 6. All other development shall earn at least 20 performance points developed as open space, exclusive of required off-street parking lot interior landscape. Open space in the front yard setbacks for each zone may contribute to the required open space provision. A minimum amount of open space needs to be provided on every lot, and should be combined with the open space of adjacent lots to create a larger green space.
This project meets or exceeds 20 performance points. 7. At least one-half of the required open space in West Oak Street entryway corridor, shall be in common ownership of the property owner’s association or in the form of common open space easements granted to the property owner’s association. Landscaping shall be required for all areas of the development which are to be in common ownership or designated as “common open space easements” located on individual lots or parcels of land, and in particular shall incorporate the required landscape for implementation of the greenway corridors.
Open space Lots 2 and 3 of Block 4 will be owned in common and the greenway
corridors on Oak Street and Baxter Lane will be designated as “common open space
easements.” The total amount of land is 10.50 acres comprising 85.8 percent of the total
required open space for this project. 8. Per 18.36.070.E, improvement of the open space or a portion of the open space on Lot 1 may be a requirement of the first phase.
Improvements to open space Lot 2, Block 4 (formerly Lot 1) for Phase 1 will include the
construction of a stormwater detention pond. The trail construction on Lot 3, Block 4 is
triggered by the construction of Baxter Lane and Tschache Lane. 9. Lots 10 thru 14 are located within the West Oak Street entryway corridor.
Lots 1 through 5 of Block 1, formerly referenced as Lots 10 through 14, are located
within the West Oak Street entryway corridor. 10. Per Section 18.48.060, Lots 10, 12 and 14 have residential adjacency and need to achieve 23 landscaping points.
The lots with residential adjacency will achieve a minimum of 23 landscaping points. 11. The proposal is for a mix of retail and wholesale sales and service businesses and other uses including but not limited to retail and wholesales uses, service shops, financial institutions, offices, restaurants, convenience uses, hotels/motels,
entertainment and recreational uses, health and exercise use, wholesale storage, technology/research uses, and light manufacturing. Planning Staff finds the introduction of some industrial uses into the Regional Commercial land use designation to be inappropriate. Wholesale storage except as allowed under B-2 is not an acceptable use. The design guidelines should describe uses as defined and listed in the Chapter 18.18 of the UDO.
The Development Guidelines for this project consider the permitted and conditional
uses for the B-2 zone and thoughtful incorporates many of these uses into
neighborhoods. A copy of the Development Guidelines is located in the Preliminary
Plat/PUD application package. 12. Pedestrian right-of-ways, a minimum of 25 feet wide, with sidewalks or trails (as required) will have to be provided to ensure that block lengths do not exceed 600 feet in accordance with Section 18.42.040. This would require at least 2 pedestrian rights-of-way in Lot 1 and 1 in Lots 4-9. The Commission has not found the 10-foot minimum described in 18.42.040 to be adequate.
A relaxation from maximum block widths is requested in the application narrative. The
trail located between Lots 1 and 3 of Block 4 (former Lot 1) is within a public open space
area. No trail is proposed between Lots 1-6, Block 3 (Lots 4-9). 13. It is suggested that the applicant’s architect look at the design guidelines submitted for the Lowe’s development as a current example of what type of information should be included in the design guidelines.
The applicant’s architect referenced multiple examples of Design Guidelines and
incorporated input form Planning Staff and the Design Review Board. Based upon input
and review of examples, the PT Land Design Guidelines were developed to address the
owner’s vision for this project.
SDBAXTER LANEOAK STREETNORTH 11TH AVENUE FUTURE TSCHACHE LANENORTH 15TH AVENUE
FUTURE NORTH 14TH AVENUE
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00 SDSDSDSDSDSDSDSDSD W W W W W W W W WSTORMWATER MANAGEMENT PLANLOCATED IN SECTION 1, T 2S, R 5E, P.M.M.,NCITY OF BOZEMAN, GALLATIN COUNTY, MONTANALEGEND:BRIDGER PEAKS VILLAGEVICINITY MAPKENYON-NOBLE LUMBERWEST BASINEASTBASINNOTES: