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P14059 Staff Report for Cottonwood Corner Subsequent Minor Subdivision
Public Hearing Dates: City Commission meeting is on February 9, 2015
Project Description: A preliminary plat for a subsequent minor subdivision approval to allow
the further subdivision of an existing lot of 3.8 acres into two lots with a common open
space lot for stormwater facilities generally located southeast of the intersection of
Cottonwood Road and West Babcock Street.
Project Location: The property is located at 86 S. Cottonwood Road. The property is described
as Lot 1 of Minor Subdivision No. 340, located in the Southwest One-Quarter of Section
10, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County,
Montana.
Recommendation: Approval with conditions and code provisions.
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application P14059 and move to approve the preliminary plat with
conditions and subject to all applicable code provisions.
Report Date: Wednesday, February 04, 2015
Staff Contact: Heather Davis, Associate Planner
Brian Heaston, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Project Summary
The property owner, 2B Holdings, LLC, PO Box 10968, Bozeman, MT 59719, represented by
C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718, submitted a
preliminary plat application for a subsequent minor subdivision approval to allow the further
subdivision of an existing lot of 3.8 acres into two lots and with a common open space lot for
stormwater facilites, generally located southeast of the intersection of Cottonwood Road and
West Babcock Street. The property is zoned on the northern half as B-1 (Neighborhood Business
District) and on the southern half as R-O (Residential – Office District). The City Commission
approved a Zone Map Amendment for the subject property on November 10, 2014 to amend the
zoning map on approximately 0.73 acres from B-1 (Neighborhood Business District) to R-O
(Residential Office District). The new lot line will align with the two zoning districts.
No parkland is required for this subdivision. No subdivision or zoning variances are requested.
No public comment has been received.
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A subsequent minor subdivision is subject to the review time of a major subdivision. The final
decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the
date it was deemed adequate; or in this case by April 8, 2015.
Unresolved Issues
There are no known unresolved issues at this time.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Project Summary ................................................................................................................. 1
Unresolved Issues ............................................................................................................... 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 – REQUESTED VARIANCES ................................................................................. 6
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 11
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 11
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
Preliminary Plat Supplements ........................................................................................... 14
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 18
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20
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APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20
FISCAL EFFECTS ....................................................................................................................... 21
ATTACHMENTS ......................................................................................................................... 21
SECTION 1 - MAP SERIES
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Figure 1: Proposed Preliminary Plat
SECTION 2 – REQUESTED VARIANCES
No variances are requested as noted in the Executive Summary.
1) No variances are being requested.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the planned unit development.
Recommended Conditions of Approval:
1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC)
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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 certificates. The final plat application shall include three (3) signed reproducible copies on a 3 mil or
heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF
copy; and five (5) paper prints.
2. A Conditions of Approval sheet shall be included as the final sheet of the plat.
3. 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.
4. 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 and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
5. Watercourse setback noted on the plat shall be updated from 35’ to 50’ and be shown
only on the conditions of approval sheet.
6. The final plat for each phase shall include a transfer of private improvements certificate to read substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-
PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owners association
noted below for their use and enjoyment: Common Open Space parcel. Unless
specifically listed in the Certificate of Dedication, the city accepts no
responsibility for maintaining the same. I, (Subdivider), hereby further certify that
the following non-public improvements, required to meet the requirements of
Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of
the subdivision plotted herewith, have been installed in conformance with any
approved plans and specifications prepared in accordance with the standards of
Chapter 38 or other City design standards, or have been financially guaranteed
and are covered by the subdivision improvements agreement accompanying and
recorded with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure
improvements to the property owners association created by Document Number
______________________(To be filled in when recorded)
By: (Subdivider) Date: _____________________________
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7. Prior to final plat approval, in conjunction with required or offered dedications, the
subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in
any improvements made to such open space. For the transfer of real property, the
subdivider or owner of the property shall submit with the application for final plat a quit
claim deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners’ association. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the
original of such deed returned to the City. For personal property installed upon owned
open space, the subdivider shall provide the property owners’ association an instrument
acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements.
8. No build restrictions shall be placed on the lots until public water, sewer, and storm
drainage improvements are constructed.
9. Unless otherwise filed with property, Waivers of Right to Protest Creation of SIDs shall
be filed with the County Clerk & Recorder for the following:
i. Street Improvements to West Babcock Street.
ii. Street Improvements to Cottonwood Road
iii. Intersection improvements to West Babcock and Cottonwood Road.
iv. Intersection improvements to West Durston and Cottonwood Road
10. The sewer capacity for the new lots when developed is limited to the allocation provided in the Valley West trunk sewer report for the parent tract.
11. Babcock Street sidewalk shall be constructed prior to filing the final plat.
12. A stormwater detention pond sized per city standards for the entire contributing area shall
be constructed within a common open space parcel. An overall stormwater plan shall be
provided and approved by the City Engineer. A maintenance plan shall be provided for the pond. Maintenance will be the responsibility of the property owners’ association.
13. An access easement granted to the City of Bozeman shall be provided to the common
open space lot to provide access to the stormwater facilities.
14. A Stormwater Management Permit (SMP) must be submitted and approved by the City
Engineer prior to construction of public infrastructure improvements. The SMP requires submittal of an application form, a stormwater management plan, and payment of fees in compliance with the city’s stormwater management ordinance #1763. The SMP is
independent of any other stormwater permitting required from the state of Montana and
does not fulfill the requirement to obtain a general permit for stormwater discharges
associated with construction activity if required under state rules.
15. Stream permits shall be obtained prior to beginning any construction activities within the unnamed tributary of Baxter Creek.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
a. 38.23.080.D “Stormwater retention/detention facilities” – Stormwater retention or detention ponds must be constructed and contained on an individual lot as a common area
and shall be maintained by the property owners’ association and noted accordingly in the
protective covenants.
b. Per Section 38.23.080.H “Landscape Amenities” - Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of
surface area covered with live vegetation appropriate for the depth and design of the
retention/detention facility, 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 visual inspection notes that some of the stormwater facilities do not copy with this section including the 25% maximum slope. This will need to include in a landscape
plan submitted for review with the final plat.
c. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation,
turf grass and street trees on all external streets. Street trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan and be approved by the Water/Sewer Superintendent. A landscape plan
prepared by a certified nurseryperson shall be submitted, identifying the location and tree
species to be installed by the developer, prior to installation of the trees or prior to final
plat approval, whichever comes first.
d. Per Section 38.23.080.D “Grading and Drainage” - Proposed storm water facilities must be constructed and contained on an individual lot as a common open space area(s) owned
and maintained by the property owners’ association and noted accordingly on the plat and
in the protective covenants.
e. Section 38.38.020.A and B “Property owners’ association.”
A. General. If common property is to be deeded to the property owners association or similar organization, of if the property owners association will be responsible for the
maintenance of the development's streets, centers, landscaping in street boulevards, park
land or pathways, property owners association bylaws or the declaration of covenants,
conditions and restrictions shall be prepared and recorded with the final plat.
B. Bylaws or covenants, conditions and restrictions contents. The property owners'
association bylaws or declaration of covenants, conditions and restrictions shall contain
the following information:
1. Membership. Automatic and mandatory membership for each property or unit buyer
and any subsequent buyer.
2. Common land/facilities. The legal description of the common land and a description of
common facilities.
3. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities and
payment of assessments, including the city.
4. Perpetual reservation. Perpetual reservation and limited use of common property.
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5. Right to use. The right of each property or unit owner to use and enjoyment of any
common property or facility.
6. Responsibility. Responsibility for liability insurance, any applicable tax assessments and the maintenance of any common property or facilities to be placed in the association.
7. Assessments. A mechanism to assess the common expenses for the land or facilities
including upkeep and maintenance expenses, real estate taxes and insurance premiums.
Assessments shall require each property or unit owner to pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels. Safeguards against unreasonably high charges
and provision to adjust assessments may be provided.
8. A mechanism for resolving disputes among the owners or association members.
9. The conditions and timing of the transfer of ownership and control of land facilities to the association.
10. Any other matter the developer or the city deems appropriate.
11. In the event it becomes necessary for a property owners association to retain an
attorney to enforce any of the association bylaws or covenants, conditions and
restrictions, then the prevailing party shall be entitled to reasonable attorney's fees and costs.
f. Section 38.38.020 “Property owners’ association.” - All areas reserved for open space
and other common areas (i.e., storm water facilities to be owned and maintained by the
property owners’ association will need to be identified on the preliminary plat as
“common open space”, not “open space”, and so noted accordingly in the property owners’ association documents. If public access is available to the open spaces then it shall be so noted in the homeowner’s association documents and on the plat.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Cottonwood Corner Subsequent Minor Subdivision Preliminary Plat
File: P14059
Development Review Committee
The Development Review Committee (DRC) reviewed the Preliminary Plat application on
December 31, 2014, January 7, and January 21, 2015. On January 21, 2015, the DRC determined
the submittal contained detailed, supporting information that is sufficient to allow for the review
of the proposed subdivision; and as a result, finds that the application, with conditions, is in
compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the
Unified Development Code. On January 21, 2015, the DRC recommended conditional approval
of the preliminary plat application.
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SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended condition No. 1, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with 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 Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition 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. Therefore, the subdivision will be in compliance with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the City Commission have been properly noticed as required by the
Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies,
as well as any public testimony received on the matter, the City Commission will make the final
decision on the applicant’s request.
A preliminary plat application was submitted on December 10, 2014. The preliminary plat was
reviewed by the DRC on December 31, and January 7. The application was deemed to not
include all the required elements for review. Additional information was required per Chapter 38
of the Bozeman Municipal Code (BMC). After receiving additional information on January 15,
2015 the application was deemed acceptable for further review. The DRC and determined the
submittal contained detailed, supporting information that is sufficient to allow for the review of
the proposed subdivision on January 21, 2015.
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Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
January 18, 2015. The site was posted with a public notice on January 22, 2015. Public notice
was sent to property owners of record within 200 feet of the subject property via first class mail,
on January 23, 2015. No comment has been received as of the production date of this report.
On January 29, 2015 this subsequent minor subdivision staff report was drafted and forwarded
with a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission at their February 9, 2015 public hearing. A subsequent
minor subdivision is subject to the review time of a major subdivision. The final decision for a
Major Subdivision Preliminary Plat must be made within 60 working days of the date it was
deemed adequate; or in this case by April 8, 2015.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided and
depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets as shown on the preliminary plat. A 1’ no
access strip runs the length of the properties along Cottonwood Road. Access to Cottonwood
Road at the south end of the subdivision will be provided through the existing shared access
easement previously granted. The access for the proposed northern parcel will be in conjunction
with the southern lot and/or accessed off West Babcock Street as determined through future site
plan review.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
No agriculture uses exist on the site. The subject property is designated as community
commercial mixed use and residential area according to the City of Bozeman Community Plan.
The property is zoned B-1 (Neighborhood Business District) and R-O (Residential – Office
District), and has previously undergone subdivision review and approval. The property
immediately to the east is vacant but is also zoned as Residential Office. Property to the south is
also zoned as Residential Office and is developed as three multi-household dwelling buildings.
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The property is planned for urban scale and intensity of development. Therefore, this subsequent
subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were identified on the subject property. Therefore, this
subsequent subdivision will not have adverse effects on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent right-of-ways. No
additional water and sewer mains are required to service the proposed subdivision at this time.
Each lot will connect to the newly constructed water and sewer mains designed to the
appropriate design standard and shall be located in the standard location as approved by the
water/sewer superintendent upon further development. Condition No. 7 states that no build
restrictions shall be placed on the lots until public water, sewer, and storm drainage
improvements are constructed. No construction can occur on these platted lots until the
water/sewer infrastructure has been installed at City standards. The sewer capacity for the new
lots when developed is limited to the allocation provided in the Valley West trunk sewer report
for the parent tract.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. Any new site plan development of the subdivision will require review of the traffic
impact and may require improvements to Babcock and Cottonwood Roads.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a 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 prior to final plat approval. Specific location for storm water area is
show on the face of the plat within the common open space lot.
Parklands – No parkland dedication or cash-in-lieu is required with a minor subdivision. Future
site plan development within the subdivision will require compliance with the parkland
dedication.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. An unnamed tributary to Baxter
Creek exists on the west side of the property. Flow is intermittent.. As noted under criteria one
above, the property is designated as a commercial mixed use and residential area according to the
City of Bozeman Community Plan. The area is zoned for neighborhood business and residential-
office development, has previously undergone subdivision review and approval, and has begun
to be developed. Watercourse setbacks required in the Unified Development Code will provide a
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buffer between any site development and the watercourse. Provisions will be made to address the
control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval.
5) The effect on Wildlife and wildlife habitat
The further subdivision of the existing lot will have minimal impacts on wildlife and wildlife
habitat. The impacts to habitat areas were addressed during the review of the original minor
subdivision. The project is in an urban area identified for development.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title, with exception to the items called
out in the no-build restrictions recorded with the plat. The no-build restrictions will require the
necessary infrastructure to be brought up to city standards before any future construction can
occur on the lots. Any other conditions deemed necessary to ensure compliance have been noted
throughout this staff report. In addition, all subdivisions must be reviewed against the criteria
listed in 76-3-608.3.b-d, Mont. Code Ann. and as a result, the Department of Community
Development has reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on October 22, 2014.
With the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the
standard preliminary plat supplements due to the nature of this previously platted/developed
property. The DRC granted waivers to the supplemental information under 38.41.060, BMC with
the pre-application plan review application for: 1) floodplains, 2) groundwater, 3) geology-soils-
slopes, 4) vegetation, 5) wildlife, 6) historical features, 7) agriculture, 8) land use, 9)
neighborhood center, 10) lighting plan, 11) miscellaneous, and 12) affordable housing. A waiver
to the supplemental information for 1) surface water, 2) parks and recreation facilities, 3)
stormwater management, 4) agricultural water user facilities were not granted. Staff offers the
following summary comments on the supplemental information required with Article 38.41,
BMC.
38.41.060.A.1 Surface Water
An unnamed tributary to Baxter Creek exists along the west edge of the property, paralleling Cottonwood Road. The preliminary plat shows this creek (and attached wetlands) as well as the
associated 50-ft watercourse/wetland setback.
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38.41.060.A.2 Floodplains
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. There are no known geologic hazards associated with the site.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No significant or critical vegetation exists on the subject property. Noxious
weeds are being controlled by the required Noxious Weed Management Plan.
38.41.060.A.6 Wildlife
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area. There is no indication of any prehistoric or
historic cultural resources on the site.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing area and this property is not used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
There are no agricultural water user facilities on the property. An unnamed tributary to Baxter
Creek exists on the west side of the property. Flow is intermittent and no agricultural water user facilities exist to draw or divert any water from the channel. The reach is proposed to be piped in
the future which will reduce water losses due to evaporation or infiltration in the channel. The
proposed pipe route will follow the straight course of the current channel.
38.41.060.A.10 Water and Sewer
Water for domestic and fire protection will be provided by connections to the City of Bozeman
water system at the time of future development. Public infrastructure improvements adjacent to
the property (water, and sewer) have been deferred until the time of future development.
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38.41.060.A.11 Stormwater Management
Stormwater facilities have been designed to meet minimum requirements of the City of Bozeman
stormwater requirements. Preliminary calculations for sizing stormwater facilities have been
provided with this application. An open space lot will provide appropriately sized retention pond
and will be used by future site plan development. Conditions are required for maintenance of the
stormwater facility and City of Bozeman access, see conditions No’s 12 and 13 and all of the
cited code provisions.
38.41.060.A.12 Streets, Roads and Alleys
The proposed subdivision has legal access to West Babcock Street and to the existing access
road off of Cottonwood Road to the West Edge Condominiums along the southern-most property
line. West Babcock Street is a collector street and Cottonwood Road is a primary arterial street.
A 1-ft no-access strip along Cottonwood Road has been included along the west side of the
property. Access to Cottonwood Road at the south end of the subdivision will be provided
through the existing 30-ft x 30-ft access easement granted through Minor Subdivision #340. Any
new site plan development of the subdivision will require review of the traffic impact and may
require improvements to West Babcock and Cottonwood Roads.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local
review agencies did not identify any potential impacts and/or concerns with providing private
utilities to the subdivision. The final plat shall provide public utility easements along all front,
side and rear lot lines as required by Section 38.23.050, BMC.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No additional density is being proposed with this subdivision.
38.41.060.A.15 Land Use
Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. The lot dimensions comply with the zoning designation of B-1 and R-O.
38.41.060.A.16 Parks and Recreation Facilities
No parkland dedication or cash-in-lieu is required with a minor subdivision. Future site plan
development within the subdivision will require compliance with the parkland dedication.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. A neighborhood center is not included with this subdivision.
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38.41.060.A.18 Lighting Plan
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. A Lighting Plan will be submitted with the site plan application for the new lots. Street lights currently exist along the length of Cottonwood Road and at the intersection of Babcock and Cottonwood.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The subdivision will not impact access to any public lands and there are no
identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing requirements, Section
10.8, BMC, have been deferred by the City Commission.
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The intent of the R-O residential-office district is to provide for and encourage the development
of multihousehold and apartment development and compatible professional offices and
businesses that would blend well with adjacent land uses. The primary use of a lot, as measured
by building area, permitted in the R-O district is determined by the underlying growth policy
land use designation. Where the district lies over a residential growth policy designation the
primary use shall be non-office uses; where the district lies over a nonresidential designation the
primary use shall be office and other nonresidential uses. Primary use shall be measured by
percentage of building floor area. Section 38.08.010, BMC
The intent of the B-1 neighborhood business district is to provide for smaller scale retail and
service activities frequently required by neighborhood residents on a day to day basis, as well as
residential development as a secondary purpose, while still maintaining compatibility with
adjacent residential land uses. Development Scale and pedestrian orientation are important
elements of this district.” Section 38.10.010, BMC
Adopted Growth Policy Designation:
The property is designated as half “Residential” and half “Community Commercial Mixed Use”
in the Bozeman Community Plan.
Residential- This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per
net acre.
Community Commercial Mixed Use- Activities within this land use category are the basic
employment and services necessary for a vibrant community. Establishments located within
these categories draw from the community as a whole for their employee and customer base and
are sized accordingly. A broad range of functions including retail, education, professional and
personal services, offices, residences, and general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently
seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor
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Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in
appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an urban
character. Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential
areas are expected in close proximity. Including residential units on sites within this category,
typically on upper floors, will facilitate the provision of services and opportunities to persons
without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and
are activity centers for an area of several square miles surrounding them. These are intended to
service the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range
and are intended to provide primarily local service to an area of approximately one-half mile
radius. These commercial centers support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not
be overly dominated by any single land use. Higher intensity employment and residential uses
are encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner, 2B Holdings, LLC., PO Box 10968, Bozeman, MT 59719, represented by
C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718 submitted a
preliminary plat application for a subsequent minor subdivision approval to allow the further
subdivision of an existing lot of 3.8 acres to into two lots and with a common open space lot for
stormwater facilites generally located southeast of the intersection of Cottonwood Road and
West Babcock Street. The property is zoned the northern half B-1 (Neighborhood Business
District) and the southern half R-O (Residential – Office District). The new lot line will divide
the property between the two zoning districts. No parkland is required for this subdivision. No
subdivision or zoning variances are requested. No public comment has been received.
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Project Background
The area has been annexed since 1997. The area has seen substantial urban scale development
since that time. The property is planned for urban scale and intensity of development. The
property immediately to the east is vacant but is also zoned as Residential Office. Property to the
south is also zoned as Residential Office and is developed as three multi-household dwelling
buildings. The City encourages intensity of development to lessen outward pressure on city
growth and to support a healthy mix of uses and services within the community.
The subject lot was created with Minor Subdivision #340 that was filed on May 19, 2004.
The City Commission approved a Zone Map Amendment for the subject property on November
10, 2014 to amend the zoning map on approximately 0.73 acres from B-1 (Neighborhood
Business District) to R-O (Residential Office District). The new lot line will align with the two
zoning districts.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A preliminary plat application was submitted on December 10, 2014. The preliminary plat was
reviewed by the DRC on December 31, and January 7. The application was deemed to not
include all the required elements for review. Additional information was required per Chapter 38
of the Bozeman Municipal Code (BMC). After receiving additional information on January 15,
2015 the application was deemed acceptable for further review. The DRC and determined the
submittal contained detailed, supporting information that is sufficient to allow for the review of
the proposed subdivision on January 21, 2015.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
January 18, 2015. The site was posted with a public notice on January 22, 2015. Public notice
was sent to property owners of record within 200 feet of the subject property via first class mail,
on January 23, 2015. No comment has been received as of the production date of this report.
On January 29, 2015 this subsequent minor subdivision staff report was drafted and forwarded
with a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission at their February 9, 2015 public hearing. A subsequent
minor subdivision is subject to the review time of a major subdivision. The final decision for a
Major Subdivision Preliminary Plat must be made within 60 working days of the date it was
deemed adequate; or in this case by April 8, 2015.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: 2B Holdings, LLC, PO Box 10968 Bozeman, MT 59719
Representative: C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive Bozeman, MT
59718
Report By: Heather Davis, Associate Planner
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FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
1. Applicant’s submittal materials
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street.
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Preliminary Plat Checklist Narrative
D. Preliminary Plat Requirements
7. No phases are proposed for this subdivision.
10. Cottonwood Corner Minor Subdivision, located in Gallatin County, Montana, is within the
City of Bozeman, Montana, a first-class municipality, and within the planning area of the
Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., M.C.A., and
can be provided with adequate storm water drainage and adequate municipal facilities.
Therefore, under the provisions of Section 76-4-125(2)(d) M.C.A., this subdivision is excluded
from the requirement for Montana Department of Environmental Quality review. A Certificate of
Exclusion from Montana Department of Environmental Quality Review has been included on the
face of the plat.
E. Preliminary Plat Supplements Required for All Subdivisions
5. No highways are being encroached upon.
9. No streets will have grades greater than 5 percent.
10. The owner of record has signed the application.
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INTRODUCTION
The proposed Cottonwood Corner Subdivision is a 2-lot minor subdivision located on a 3.8596-
acre parcel legally described as Lot 1, Minor Subdivision No. 340, and located in the Southwest
Quarter of Section 10, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana. It
is located on the southeast corner of Babcock Street and Cottonwood Road. The subdivision will
connect to existing City of Bozeman water and sewer mains.
Lot 1A will be located in B-1 zoning while Lot 1B will be R-O. No development is proposed for
this subdivision with the exception of new water and sewer services, and a new 5-ft sidewalk along
Babcock Street as the 3-year installation period for Minor Subdivision No. 340 has expired. Any
future development will require site plan approval through the City of Bozeman.
This subdivision is intended to meet the goals and ideals outlined in the City’s adopted growth
policy, the “2020 Community Plan” and the standards included in the City of Bozeman Unified
Development Ordinance.
RESPONSE TO PRE-APPLICATION COMMENTS
Department of Community Development Comments
1. A waiver to the supplemental information under 38.41.060, BMC is granted with this pre-
application plan review application for: 1) floodplains, 2) groundwater, 3) geology-soils-
slopes, 4) vegetation, 5) wildlife, 6) historical features, 7) agriculture, 8) land use, 9)
neighborhood center, 9) lighting plan, 10) miscellaneous, and 11) affordable housing.
A waiver to the supplemental information for the following are not granted: 1) Surface
Water, 2) Parks and Recreation Facilities, 3) Stormwater Management, 4) Agricultural water
user facilities if the existing facility will be altered. All applicable information related to the
above and listed in 38.41.060 for review are still required.
Section 38.23.120 “Mail Delivery” – Either a letter from the US Post Office stating that
delivery will be to individual addresses shall be provided with the preliminary plat
supplementary submittal materials or a commitment to a common mail delivery location
shall be included to be established via site plan review.
Information has been provided for all Additional Subdivision Preliminary Plat Supplements
which have not been waived. No mail boxes are proposed, mail delivery locations will be
provided via site plan review. A service letter was sent to the US Postal Service. No
comments were received.
2. Section 38.27.020 “Park Area and Open Space Requirements” – The City Commission
strongly discourages cash-in-lieu of parkland. Please provide a response to why on or off
site dedication of land is not a viable option if cash-in-lieu will be requested with the
subsequent site plan.
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No Parkland or Open Space dedication is required for this minor subdivision. It is noted
that cash-in-lieu of parkland is highly discouraged. Informal site plan discussions included
off-site dedication of land or existing park improvements. These requirements will be
addressed with any subsequent site plan submittal.
3. Section 38.27.070 “Landscaping of Public Lands” – Installation by the developer of
vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way
boulevard strips along all external perimeter development streets and adjacent to public
parks or other open space areas is required with the final plat application. Expansion of
Cottonwood Road is planned in the near future. Please coordinate with the Engineering
division to ensure that on-site development does not interfere or be damaged by the road
project.
Landscaping of the public right-of-way will be addressed in the final plat application and
will be coordinated with the Engineering division for the Cottonwood Road expansion.
4. Recent court decision has restricted use of exempt wells. Please consider how on-site
landscaping will be irrigated.
Exempt wells will be taken into consideration for any landscaping plans.
5. A storm drainage plan shall be provide showing relationships with open spaces and surface
drainage. As needed, on and off site easements shall be provided for conveyance of storm
water to a receiving body. Storm water facilities easements shall include the City of
Bozeman as a beneficiary.
The subdivision does not include any development. Existing easements will not be altered.
The additional runoff from the new sidewalk on Babcock was addressed in the original
sizing of the existing stormwater detention pond.
6. No direct access will be allowed onto Cottonwood Road. A one foot no access strip should
be included with the preliminary plat.
A one foot no access strip is shown on the preliminary plat.
7. All water and sewer main extensions that are not within public right of way must be within
30' wide public water and sewer main easements. All weather access shall be provided to
any manholes that are not installed under street or parking areas unless a relaxation is
obtained from the City Commission.
All water main extensions will be located within existing public water and sewer easements.
No sewer main extensions are proposed. Any water and sewer main extensions to service
subsequent site plans will be addressed during the site plan review process.
8. All of the requirements of 38.39.030.D must be met to allow for concurrent construction.
Requirements of 38.39.030.D will be met if concurrent construction is proposed.
9. Coordinate addressing for the lots with the Fire Department and Engineering Division prior
to submittal of the Preliminary Plat. Please take into account the subsequent proposed multi-
unit development.
Coordination has begun for the addressing of the new lots.
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10. Please provide a color version of the preliminary plat to enable an easier review of the
different line types.
An easement exhibit has been prepared to clearly show the existing easements on site. No
new easements are proposed for this subdivision with the exception of the one foot no access
strip.
11. DEQ has recently issued new directives for exemption for environmental review. Exact
application of these directives is not yet clear. Please coordinate with Engineering as the
project design goes forward.
Coordination with Engineering and DEQ will continue to ensure that the project is in full
compliance with the new DEQ exemption directives.
STANDARD CODE PROVISIONS
The preliminary plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. 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 deviation
or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The
following requirements are standards of the Unified Development Ordinance and shall be
addressed with the preliminary plat application:
1. Per Section 38.06.030 Mortgagee – If there are liens or mortgages against the property the
appropriate Mortgagee certificate must be included.
A Mortgagee certificate has been included in the preliminary plat.
2. Per Section 38.23.060 Easements – Depict necessary easements for extension of private
utilities in the standard locations.
No new easements are proposed with this subdivision. Existing utility easements exist along
Cottonwood Road and Babcock Street.
3. Per Section 38.23.080.H “Landscape Amenities” - Stormwater retention/detention facilities in
landscaped areas shall be designed as landscape amenities. They shall be an organic feature
with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered
with live vegetation appropriate for the depth and design of the retention/detention facility,
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 visual inspection notes that some
of the stormwater facilities do not copy with this section including the 25% maximum slope.
No new stormwater facilities are required for this subdivision. Any subsequent site plan
submittals will address new stormwater facilities or alterations to the existing facilities.
4. Per Section 38.23.180 Water Rights - The remaining water rights will be due with the
subdivision unless requested to be deferred until the site plan review.
It is requested that water rights be deferred until the site plan review.
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5. Per Section 38.26.050.E Public Streetscape - Boulevard trees at a regular spacing of one (1)
tree per fifty (50) lineal feet of street frontage will be installed along all pubic street frontages
for both local and perimeter streets. The boulevard width will need to be wide enough, e.g. at
least five feet, to enable street trees to thrive. There are several potential utility conflicts along
the streets. Please coordinate with the City Forester to select appropriate species.
Boulevard trees will be installed in compliance with public streetscape requirements. Tree
species selection will be coordinated with the City Forester.
6. Section 38.38.020 “Property Owner’s“ - All areas reserved for open space and other common
areas (i.e., storm water facilities to be owned and maintained by the home owner’s association
will need to be identified on the preliminary plat as “private common open space”, not “open
space”, and so noted accordingly in the homeowner’s association documents. If public
access is available to the open spaces then it shall be so noted in the homeowner’s association
documents and on the plat. This shall be coordinated between the PUD and the subdivision.
No Open Space or Common Areas are proposed with this subdivision.
7. Section 38.41.50A.5 “Documents and Certificates” - A draft copy of the covenants,
restrictions, and articles of incorporation for the creation of a homeowners’ association shall
be submitted with the preliminary plat application for review and approval by the Planning
Department and shall contain, but not be limited to, provisions for assessment, maintenance,
repair and upkeep of private streets, common open space areas, public parkland/open space
corridors, mail delivery areas, stormwater facilities, public trails, snow removal, and other
areas common to the association pursuant to Article 41 of the Bozeman Unified Development
Code.
A draft copy of the covenants, restrictions, and articles of incorporation are submitted with
this application.
8. A complete preliminary plan application shall be submitted to the Planning Department within
one calendar year of the date the Planning Department dates, signs and places concept plan
comments in the outgoing mail.
The preliminary plan application will adhere to the timeline requirements.
Engineering Department Comments
1. A comprehensive stormwater drainage plan is needed with the pre-plat application.
Particular attention must be paid to reworking the existing detention pond at the northwest
corner of Lot 1A. It must be appropriately sized to handle all contributing areas be them
onsite, offsite, or the public right-of-way. Same goes for appropriately sizing storm sewer.
Reworking of the existing detention pond is no longer proposed for this subdivision. No
development is proposed and the only increase in stormwater runoff will come from the
construction of the Babcock sidewalk. Contributions from this sidewalk were originally
accounted for in the sizing of the detention pond. A comprehensive stormwater drainage
plan will be completed with any subsequent site plan proposals.
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2. The new pond easement at the northwest corner has to be large enough to provide the
required design detention volume with a maximum depth of 2.5 feet and 4:1 max side
slopes.
No changes to the existing detention pond and easement are proposed. New stormwater
facilities or alterations to existing facilities for future site plan submittals will be in
compliance with the City of Bozeman Design Standards and Specifications Policy.
3. The storm sewer easement must encompass both sides of the 15” storm sewer running
north/south adjacent to the trib of Baxter Creek and be 20’ in width.
No changes to the existing easements are proposed for this subdivision.
4. The 8” water main on site will have to loop back and connect to the existing 6” stub near
the proposed new lot line and be contained in public waterline easement.
The proposed subdivision no longer includes extending water main across the property.
Services for each lot will be provided from the existing 6” water main stub located near
the proposed lot line. The main is located within existing utility easements.
5. The sewer capacity for the fully built property is limited to the allocation provided in the
Valley West trunk sewer report. The applicant is well advised to account for the sewer
limitation in its future plans for the site.
The applicant is well aware of the sewer allocation limits as provided in the Valley West
trunk sewer report. Please refer to the enclosed Sewer Design Report for allocation
calculations.
6. Waivers for the protest of SIDs will be required for future improvements to West
Babcock Street and the intersection of Babcock/Cottonwood.
SID protest waivers requirements are noted.
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Please return to:
2B Holdings, LLC
PO Box 11530
Bozeman, MT 59719
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR MINOR SUBDIVISION NO.
___________ AND BYLAWS OF THE COTTONWOOD CORNERS OWNERS ASSOCIATION, INC.
2B HOLDINGS, LLC, a Montana limited liability company (the "Declarant") is the present owner in
fee simple of Lot 1A and Lot 1B of Minor Subdivision No. _________, being an amended plat of Lot 1 of
Minor Subdivision No. 340, located in the SW¼ of Section 10, Township 2 South, Rang 5 East, P.M.M., City
of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record with the
Clerk and Recorder of Gallatin County, Montana ("the Property"). The following Declaration of Protective
Covenants and Restrictions is hereby adopted and declared for the Property. The following Bylaws of the
_____________ Owners Association, Inc., a Montana nonprofit mutual benefit corporation, are also
adopted by the Board of Directors of the Cottonwood Corners Owners Association, Inc.
ARTICLE I - DEFINITIONS
Association or Property Owners Association. The Cottonwood Corners Owners Association, Inc.,
a Montana nonprofit mutual benefit corporation, which is all of the Lot Owners acting as a group and in
accordance with these duly adopted Bylaws and the Covenants.
Board of Directors or Board. The body responsible for administration of the Association serving as
the board of directors under Montana law.
Bylaws. The Bylaws adopted by the Association as set forth in Article III herein.
Common Areas. Land within the Subdivision designated as common hereunder and all real property
in the Subdivision owned by or conveyed to the Association by the Declarant hereafter.
Common Expenses. All costs associated with maintenance, repair, and replacement of the Common
Areas, all administrative expenses of the Association, all costs incurred by the Association for the general
benefit and welfare of the Property, and all costs designated as common herein.
Declarant. 2B HOLDINGS, LLC, a Montana limited liability company and its successors and assigns.
Lot or Lots. A parcel of real property in the Subdivision as depicted on the Plat not including any
Common Areas.
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Lot Owner or Lot Owners. One or more persons or entities who hold the record title to any Lot, but
excluding in all cases any party holding an interest merely as security for the performance of an obligation.
If a Lot is sold under a contract for deed, the purchaser (rather than the fee owner) will be considered the
Lot Owner.
Member. A person entitled to membership in the Association.
Plat. The final plat for Minor Subdivision No. ________ on file and of record with the Clerk and
Recorder of Gallatin County, Montana.
Property or Properties. All the real property included within the boundaries of the Subdivision, as
designated on the official plat on file and of record with the Clerk and Recorder of Gallatin County.
Subdivision. Minor Subdivision No. _________, being an amended plat of Lot 1 of Minor Subdivision
No. 340, located in the SW¼ of Section 10, Township 2 South, Rang 5 East, P.M.M., City of Bozeman,
Gallatin County, Montana, according to the official plat thereof on file and of record with the Clerk and
Recorder of Gallatin County, Montana , according to the official plats on file and of record with the Clerk
and Recorder of Gallatin County, Montana.
ARTICLE II - PROTECTIVE COVENANTS AND RESTRICTIONS
A. PURPOSE
These Protective Covenants and Restrictions are adopted to preserve and maintain the values of
the Property for the benefit of the owners thereof.
B. BENEFIT AND BURDEN - RUN WITH THE LAND
These Protective Covenants and Restrictions shall attach to and run with the Property and shall
constitute an equitable servitude upon the Property and every part of it, including all titles, interest and
estates as may be held, conveyed, owned, claimed, devised, encumbered, used, occupied and improved.
These Protective Covenants and Restrictions are declared for the benefit of the entire Property and every
part of it and for the benefit of each Lot Owner. They shall constitute benefits and burdens to Declarant and
to all persons or entities hereafter acquiring any interest in the Property.
C. LAWS, ZONING ORDINANCES, AND REGULATIONS
No unlawful use shall be made of the Property nor any part thereof, and all valid laws, zoning
ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed and
followed. All Lot Owners and prospective purchasers are advised to consult all existing City of Bozeman
zoning ordinances and regulations. All Lot Owners and prospective purchasers are advised to consult any
covenants or restrictions that may be set forth on the Plat. Where the provisions of any valid law, zoning
ordinance and regulation of any governmental bodies having jurisdiction is in conflict with these Protective
Covenants and Restrictions, the more restrictive shall control.
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D. GENERAL DESIGN STANDARDS AND RESTRICTIONS
Section 1. Street Trees. All Lot Owners and the Association shall comply with all City of
Bozeman requirements for street trees as set forth in the Unified Development Ordinance of the City of
Bozeman. Prior to the planting of any street trees, the Lot Owner shall obtain a permit from the City of
Bozeman and shall locate all utilities prior to excavation. The planting hole of a street tree shall be at least
twice the diameter of the root ball. The root flare of the newly planted street tree shall be visible and above
ground and there shall be a mulch ring 3' - 4' in diameter around each newly planted street tree.
Section 2. Garbage. No garbage, trash, or unsightly debris, organic or inorganic waste shall
be collected and/or permitted by a Lot owner to accumulate on any Lot or in any road adjacent thereto,
but shall be promptly and efficiently disposed of, by a garbage service. No vacant lands or other Lot shall
be used as a dump ground or burial pit by any Lot Owner. The only allowable outside trash or refuse cans
or containers shall be those which are kept and maintained in effective animal proof condition. There shall
be no incineration of garbage or trash, and no garbage or trash, organic or inorganic shall be disposed on
in or near any watercourses or ditches.
Section 3. Junk Vehicles. No junk or unlicensed vehicles shall be parked on any roadway nor
retained or parked on any Lot for any period in excess of thirty (30) days. A junk vehicle is one which cannot
be driven away under its own power. No vehicles are to be parked or stored on any grass area but must be
parked on asphalt or concrete. Any expense incurred by the Association in connection with the towing of
any vehicle shall be paid to the Association upon demand by the owner of the vehicle. If the vehicle is
owned by a Lot Owner, any amounts payable to the Association shall be a lien upon the Owner’s Lot and
the Association may enforce collection of said lien in the same manner provided for in this Declaration for
the collection of assessments.
Section 4. Fences. All fencing must be approved, in writing, by the Board in advance of any
construction of said fencing. No fence shall be more than 6 feet tall without the specific written permission
from the Board. All fences shall be constructed so that the finished side faces outward. No objects or
clothing shall be hung on fences so as to be visible from any other Lot or from any road or from the
Common Areas. Fences located in the front, side or rear yard setback of properties adjacent to any park
or open space area shall not exceed a maximum height of four (4) feet and shall be of an open construction
designed in a manner to be consistent along all park land and open space areas.
Section 5. Lot Coverage. Maximum lot coverage by principal and accessory buildings shall
be not more than that permitted by the applicable City of Bozeman zoning ordinance.
E. COMMON AREAS
As set forth in Article III below, the Association is charged with the maintenance and repair of the
Common Areas and the regulation of the use of the Common Areas. The Association shall maintain and
repair the Common Areas in the Subdivision and all real property owned by or conveyed to the Association.
Maintenance, repairs, and replacements of Common Areas and improvements shall be at the expense of
the Association provided, however, if damage is caused by a negligent or tortious act of any Lot Owner,
members of his or her family, guest, invitee or employee, then such Lot Owner shall be responsible and
liable for all such damage.
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F. MAINTENANCE
Lot Owners shall maintain their Lots and improvements in good repair and appearance at all times.
All landscaping improvements and property shall be kept and maintained in good, clean, safe, sound,
attractive, thriving and sightly condition and in good repair at all times. Lot Owners must regularly mow
grass and regularly water their grass, shrubs and trees to keep landscaping in a sightly condition. Vacant
Lots must also be kept in a sightly condition with regular grass mowing and weed control. Lot Owners are
responsible for snow removal on any walkways on their Lots.
The storage of the following items outside of any enclosed structure is prohibited: appliances not
designed for outdoor use, furniture in disrepair or not designed for outdoor use, auto parts, lumber,
cardboard boxes, and any container that may collect standing water, such as cans, tires, buckets and yard
fountains.
In the event a Lot Owner does not maintain his or her landscaping or improvements as required
above, after written notice from the Association as described herein, the Association may cause such
maintenance to be performed. The cost and expense associated with such maintenance shall be assessed
to the Lot and such assessment shall become a lien if not paid within thirty (30) days of the mailing of such
assessment.
G. MINING AND MINERAL RIGHTS
No prospecting, mining, quarrying, tunnelling, excavating, or drilling for any substance on or within
the earth, including oil, gas, hydrocarbons, minerals, gravels, sand, rock, or earth shall be permitted on the
Property. Excavation attendant to normal construction activities is exempt from the prohibition of this
paragraph.
H. PRESERVATION OF WATER RESOURCE AND WATER RIGHTS
Section 1. General. All Lot Owners, their guests and employees shall at all times conduct their
use and activities in a manner that will avoid the degradation or pollution of any ponds, irrigation water or
creeks on or adjacent to the Property. All applicable state and local guidelines, regulations and standards
regarding water use and appropriation must be followed. No Lot Owner shall interfere with any water right
or means of water conveyance that benefits any other Lot or adjoining property.
Section 2. Downstream Water User Facilities. Downstream water user facilities shall not be
impacted by any activities in the Subdivision.
I. ANIMALS AND LIVESTOCK
No livestock, poultry, or other animals, except dogs, cats, birds or other domestic in-house pets are
allowed on the Property. A maximum of four (4) domestic pets may be kept for any residence located on
the Property. All dogs, cats and other pets shall be strictly controlled by their owners so as not to annoy
or interfere with the use of the Property by other Lot Owners and to prevent the interference or
harassment of wildlife on the Property or on surrounding or adjacent properties. All pets shall be on a leash
or under voice control of the Lot Owner at all times when off the Owner's property and shall not be
permitted to roam free at any time. The commercial breeding, care, raising, or keeping of any animal is
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forbidden.
Additionally, Lot Owners, their tenants, and any guests, shall be responsible for the immediate
clean-up of any pet waste and the repair of any damage caused by pets to any of the Property. Any pet
which bites another animal or a human upon the Property shall be immediately and permanently removed
unless it can be shown by clear and convincing evidence, as determined by the Board, that the animal was
unreasonably provoked into such action. For purposes of the foregoing sentence, any animal which is
restrained in some reasonable fashion but is approached by another animal or human shall be presumed
to be the non-aggressor. Failure to timely remove the pet(s) can result in a fine not to exceed $20.00 per
day for each day the pet remains on the Property, which fine shall become part of the assessments for that
Lot. Failure to pick up after an animal immediately may result in a $25.00 fine for each offense, which shall
also become a part of the assessment for the Lot, regardless of whether the offending animal is owned by
the Lot Owner or by a tenant of the Lot. Failure of a Lot Owner to adhere to pet regulations and
requirements shall be grounds for the Association and other Lot Owners to maintain a nuisance action to
remove the offending pet(s). The Association shall have the authority to ban certain breeds of dogs or
individual dogs from the Subdivision, provided that such actions are based upon objective criteria related
to aggressive tendencies of the breed or individual dogs. In the event that a Lot Owner leases his or her Lot
to a person who has pets, the Lot Owner shall be responsible for the enforcement of the pet restrictions
and rules, and any fines imposed shall be a charge against the Lot, for which the Association may obtain
satisfaction in the same manner as if the Lot Owner failed to pay an assessment imposed against the Lot.
The Association shall have the right to file a lien against the Lot and shall have the right to foreclose said
lien in the same manner as provided herein.
J. NOXIOUS, OFFENSIVE OR HAZARDOUS ACTIVITIES
No noxious, offensive, or hazardous activities shall be permitted upon any portion of the Property
nor shall anything be done on or placed upon any portion of the Property which is or may become a
nuisance to others. No light shall be produced upon any Lot or other portion of the Property which shall
be unreasonably bright or cause unreasonable glare. No sound shall be produced on any Lot or other
portion of a Property which is unreasonably loud or annoying, including but not limited to speakers, horns,
whistles or bells.
K. CONTROL OF NOXIOUS WEEDS
Each Lot Owner shall be required to control all Gallatin County and State declared noxious weeds
on his or her Lot according to county and state standards. The control of noxious weeds shall be as set forth
and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153) and the
rules and regulations of the Gallatin County Weed Control District. Each Lot Owner shall be responsible for
the control of State and County-declared noxious weeds on his or her Lot. Both unimproved and improved
Lots shall be managed for noxious weeds. In the event a landowner does not control the noxious weeds,
after thirty (30) days written notice from the Association, the Association shall cause the noxious weeds
to be controlled. The cost and expense associated with such weed management shall be assessed to the
Lot and such assessment shall become a lien if not paid within thirty (30) days of the mailing of such
assessment.
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L. NO PARTITION OR SUBDIVISION
Lot Owners may not partition or subdivide their Lots without the prior written approval of the
Association. Vacating or adjusting any lot line also requires prior written approval of the Association.
However, this Paragraph does not apply to any Lots owned by Declarant.
M. UTILITIES - INSTALLATION.
Section 1. Power, Telephone, Water and Sewer. Declarant or its designated representatives
shall cause the installation of electric power, water, sewer and telephone utility service to the Lot. Lot
Owners shall bear all responsibility and costs from such junction to their place of use. All utilities of every
nature shall be installed and maintained underground. Piping and wiring shall be concealed. Each Lot
Owner shall be responsible for utility installation and maintenance in accordance with state and local
regulations.
Section 2. Water. Each occupied building shall be connected to the City of Bozeman’s water
system. Each Lot Owner shall be fully and solely responsible for all connection and service fees.
Section 3. Sewage. Each occupied building shall be connected to the City of Bozeman’s sewage
system. Each Lot Owner shall be fully and solely responsible for all connection and service fees. Outdoor
chemical toilets will be permitted only during periods of construction as specifically allowed and permitted
by the Board.
N. EASEMENTS.
Section 1. Utility Easement. Utility easements for access and maintenance in favor of
Declarant (so long as Declarant owns any Lots), the Association, individual Lot Owners, and the designee
of each (which may include, without limitation, City of Bozeman, Gallatin County, Montana and any utility)
for electricity, gas, sewer, communications, telephone, water, television, cable communications and other
utility equipment are designated on the Plat and are hereby granted and reserved.
All Lot Owners shall have the right to enter upon and excavate in said utility easements. All utility
installations must comply with state and local regulations. Easements for ingress and egress and for utilities
shall not be moved, deleted or restricted without the written approval of all the Lot Owners affected.
Utility companies and Lot Owners must restore disturbed land to a condition, close as possible, to the
natural condition of the land before work commenced. The benefitted Lot Owner(s) shall be responsible
for all repairs to Common Areas, other Lots and City streets caused by said utility installation.
Section 2. Right of Access. A right of access shall be reserved to the Declarant and the
Association and be immediate for making of emergency repairs to any Lot or Common Space, although
there shall be no affirmative duty to do so. These repairs may be needed to prevent property damage,
personal injury, or continued property damage.
Section 3. Easement for Existing Utilities. Each Lot Owner hereby grants a perpetual
nonexclusive easement for utility purposes across each and every Lot as said utilities (including electric
meters) are presently located. Said easement shall be in favor of the Declarant (so long as Declarant owns
any Lots), the Association, each individual Lot served by said easement, and the designee of each (which
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may include, without limitation, Gallatin County, Montana, the City of Bozeman and any utility) for
electricity, gas, sewer, communications, storm drainage, telephone, water, television, cable
communications and other utility equipment. Said easement shall also include ingress and egress necessary
to install, maintain, meter-check, replace and repair the utilities located within the existing easement area.
Utility companies and Lot Owners must restore disturbed land to a condition, close as possible, to the
natural condition of the land before work commenced.
O. COMPLIANCE
Every Lot Owner and occupier of any structure on the Property shall comply with the Covenants,
the Bylaws, and all valid laws, zoning ordinances and regulations of all governmental bodies having
jurisdiction thereof. Failure to comply shall be grounds for an action to recover sums due, for damages or
injunctive relief, or for any other remedy available at law or equity, by the Association, the Declarant, or
in the proper case, by any aggrieved Lot Owner. In the event of any legal action brought to enforce or
interpret the Covenants, the prevailing party shall be entitled to receive all attorney’s fees and costs
incurred from the non-prevailing party.
ARTICLE III - BYLAWS OF COTTONWOOD CORNERS OWNERS ASSOCIATION, INC.
A. ASSOCIATION
Declarant has organized an Association of all Lot Owners. The Association has been organized
under the name of Cottonwood Corners Owners Association, Inc., as a nonprofit Montana mutual benefit
corporation. The Association shall have property, powers, and obligations as set forth in the Articles of
Incorporation, the Covenants and the Bylaws for the benefit of the Property and the Members. The Articles
of Incorporation of the Association provide for its perpetual existence. In the event the Association is at
any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an
unincorporated association of all Lot Owners of the same name. In such event, all of the property, powers,
and obligations of the incorporated Association existing immediately prior to its dissolution shall thereupon
automatically vest in the successor unincorporated association, and such vesting shall, thereafter, be
confirmed and evidenced by appropriate conveyances and assignments. To the greatest extent possible,
any successor unincorporated association shall be governed by the Articles of Incorporation and the Bylaws
of the Association as if they had been made to constitute the governing documents of the unincorporated
association. The Articles of Incorporation of the Association adopted shall be deemed covenants running
with the ownership of the Lots, and shall be binding upon the Lot Owners as if recited verbatim herein. The
Association shall be governed by a Board of Directors elected in the manner set forth in these Bylaws.
B. MEMBERSHIP
Section 1. Qualifications. Every Lot Owner shall automatically be a Member of the Association
and shall remain a Member until such time as he, she or it no longer owns a Lot at which point his, her or
its membership in the Association shall automatically cease. Membership shall be appurtenant to and may
not be separated from the ownership of a Lot. No person who is not a Lot Owner shall be a Member of the
Association.
Section 2. Voting. Unless otherwise required by Montana law or the Covenants and these
Bylaws, the affirmative vote of the majority of the Lots shall be the act of the Lot Owners. Each Lot shall
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be allocated one vote. In the event that any Lot is further subdivided, the subdivided lots from said Lot shall
collectively have one vote. If a condominium is declared on any Lot, the condominium association shall
exercise the Lot’s vote. If any Lot Owner fails to pay any assessments, fines or other amounts due to the
Association within thirty (30) days after such payment is due or if any Lot Owner violates any other
provision of the Covenants and such violation is not cured within fifteen (15) days after the Association
notifies the Lot Owner of the violation, the Board shall have the right to suspend the vote for such Lot until
such time as all payments, including interest and attorney’s fees, are brought current, and until any other
infractions or violations are corrected to the Board’s satisfaction.
Section 3. Annual Members Meeting. The date, time, and place of the annual meeting of the
Members shall be noticed by the Board, which meetings may coincide with the Board’s annual meeting. At
such annual meeting, the Members shall elect Directors to the Board and conduct such other business as
permitted by the Covenants and these Bylaws. A vote may be cast either in person, by proxy, or by written
ballot. All proxies shall be in writing and shall be filed with the secretary, and entered in the minutes of the
meeting. No proxy shall be valid after eleven (11) months from the date it was made, unless otherwise
provided in the proxy. Notice of the time, place, and description of the items to be considered shall be
mailed by the Association to all Members not less than thirty (30) nor more than ninety (90) days in advance
of the annual members meeting. A quorum for the transaction of business at any meeting shall consist of
a majority of the Lots, but the Members present at any meeting where less than a quorum is present, may
adjourn the meeting to a future time. Action may be taken without a meeting if the action is taken by all
the Members and the action is evidenced by one or more written consents describing the action taken,
signed by all the Members, and delivered to the Association for filing with the Association records. All
meetings of the Members shall be presided over by the President, or in his or her absence the Secretary,
and shall be conducted in accordance with the most recent version of Robert’s Rules of Order.
Section 4. Special Members Meeting Special meetings of the Members may be called for any
purpose at any time by the President of the Association, the Board of Directors, or by a petition signed by
not less than owners of fifty percent (50%) of the Lots. If a special meeting is called by any person or
persons other than the Board of Directors, a written request to notice the meeting, specifying the time of
the meeting and the general nature of the business to be transacted, shall be delivered personally or sent
by registered mail or facsimile transmission to the Association. The officer receiving the request shall cause
notice to be promptly given, personally or by mail to each Member’s last known address, that a meeting
will be held at the time requested by the person or persons calling the meeting, not less than ten (10) nor
more than sixty (60) days after the receipt of the request. If the notice is not given within twenty (20) days
after receipt of the request, the person or persons requesting the meeting may give the notice.
C. BOARD OF DIRECTORS
Section 1. Powers and Duties. The business and affairs of the Association shall be managed
by the Board. The Board is authorized to manage the business of the Association and is authorized to take
such actions as shall be necessary and reasonable to carry out the functions and purposes of the
Association. Pursuant to the provisions of the Covenants and these Bylaws, the Board shall have the power
and duty to:
(1) Prepare an annual budget and levy assessments as limited herein;
(2) Call annual and special meetings of the Association and give due notice thereof;
(3) Enforce provisions of the Covenants;
(4) Make provisions for the general management, improvement, repair and maintenance of the
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Common Areas and all improvements thereon;
(5) Enter into contracts or hire personnel for the management of the affairs of the Association and
the maintenance, management, improvement, and repair of the Common Areas;
(6) Provide a means of hearing grievances of Lot Owners and to respond appropriately thereto;
(7) Meet at regularly scheduled times and to hold such meetings open to all Lot Owners or their
agents;
(8) Defend in the name of the Association any and all lawsuits wherein the Association is a party
defendant;
(9) Take appropriate legal action to collect delinquent assessments;
(10) Enter into contracts necessary to carry out the duties herein set forth;
(11) Establish a bank account for the Association and handle Association funds;
(12) Arrange, keep, maintain and renew insurance for the Association as provided for herein; and
(13) In general, to act for and carry on the administration and affairs of the Association as
authorized and prescribed by the Covenants and to do all those things which are necessary and reasonable
in order to carry out the governance and operation of the Property.
Section 2. Number, Selection, Vacancy. The Board of Directors shall consist of four (4)
directors. Each of the Lots described above shall be entitled to appoint two (2) members of the Board of
Directors. In the event that any of the existing Lots are subdivided, such subdivided parcels shall collectively
have the right to appoint two (2) members of the Board of Directors to collectively represent such
subdivided lots in such manner as said subdivided lots shall determine. The number of Directors may be
expanded by resolution adopted and approved by all of the Lots at a meeting duly called for that purpose.
Should a vacancy occur on the Board, the Lot Owner that appointed the vacated Director shall appoint a
new member of the Board of Directors to serve until the next annual or special meeting.
Section 3. Removal and Resignation. A Lot Owner may remove its designated members of
the Board of Directors at anytime by providing written notice of such removal to the Board of Directors,
the President or the Secretary of the Association. A Director may resign at any time by giving written notice
to the Board, the President or the Secretary of the Association.
Section 4. Annual Board Meetings. The annual meeting of the Board shall be held at a time
and place designated by the Board. The annual meeting of the Board is open to all Lot Owners. Notice of
the time, place, and description of the items to be considered shall be mailed by the Association to all
Members not less than thirty (30) nor more than ninety (90) days in an advance of the annual meeting of
the Board. All meetings of the Board of Directors shall be presided over by the President, or in his or her
absence the Secretary, and shall be conducted in accordance with the most recent version of Robert’s Rules
of Order.
Section 5. Other Board Meetings. Other meetings of the Board may be called by the written
request of the President or any of the Directors. The President shall fix the time and place of the meeting
and send notice to each Director at least three (3) days in advance of the meeting, setting forth the date,
time, and place of the meeting. Directors may participate by means of a conference telephone or similar
communication equipment through which all persons participating in the meeting may communicate with
the other participants. Participation in a meeting pursuant to this section constitutes presence in person
at the meeting.
Section 6. Quorum and Voting. A quorum for the transaction of business of any meeting of
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the Board shall consist of a majority of the Board, but in no event less than three members of the Board.
At every Board meeting, each Director shall be entitled to one vote. Unless otherwise required by Montana
law or this instrument and these Bylaws, the affirmative vote of the majority of the Directors present at a
duly held meeting at which a quorum is present shall be the act of the Board and of the Association.
Section 7. Action Without Meeting. Action may be taken without a Board meeting if the action
is taken by all the Directors. The action must be evidenced by one or more written consents describing the
action taken, signed by all the Directors, and delivered to the Association for filing with the Association
records.
Section 8. Compensation. No Director shall receive any compensation for acting as such.
Nothing herein, however, shall be construed to preclude compensation being paid for any services rendered
in any other capacity for the Association, whether as employees, independent contractors or otherwise.
D. OFFICERS
Section 1. Selection, Removal, Vacancy. There shall be a President, a Secretary, and a
Treasurer elected by and from the Board. An officer may be removed at any time by a majority vote of the
Board at an annual or special meeting. Any vacancy shall be filled by the Directors.
Section 2. Duties of the President. The President shall be the principal executive officer of the
Association and, subject to the control of the Board, shall in general supervise and control all the business
and affairs of the Association, including the filing of liens for unpaid assessments in accordance with the
Covenants and the enforcement of activities of the Association. The President shall preside at all meetings,
shall sign all written contracts, deeds, mortgages, bonds or other instruments of the Association which the
Board has authorized to be executed, except in cases where the signing and execution thereof shall be
expressly delegated by the Board or the Covenants to some other officer or agent of the Association or shall
be required by law to be otherwise signed or executed. The President shall perform all such other duties
as are incidental to the office of President; in case of the absence or disability of the President, the
presidential duties may be performed by the Secretary.
Section 3. Duties of the Secretary. The Secretary shall issue notice of all meetings and shall:
attend and keep the minutes of the same; maintain the names and addresses of all Members; have charge
of all Association records and papers; and perform all such other duties as are incidental to the office of
Secretary.
Section 4. Duties of Treasurer. The Treasurer shall be the custodian of the Association’s
monies and securities, shall deposit the same in the Association’s name as directed by the Board, and shall
keep legal books of account, and shall submit them, together with all vouchers, receipts, records and other
papers, to the Board for their examination and approval, as often as they may require, and shall perform
all such other duties as may be incidental to this office. The Treasurer shall be bonded if directed by the
Board.
Section 5. Compensation. No officer shall receive any compensation for acting as such.
Nothing herein, however, shall be construed to preclude compensation being paid for any services rendered
in any other capacity for the Association, whether as employees, independent contractors or otherwise.
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E. OFFICES AND REGISTERED AGENT
The address of the initial principal office of the Association is 215 North Quaw Boulevard, Belgrade,
Montana 59714. The initial registered agent of the Association is BEN NISTLER. The Board shall maintain
accurate and current registered agent records with the Montana Secretary of State.
F. ANNUAL REPORT
The Association shall file with the Montana Secretary of State or other proper state administrator
a duly executed annual report as required by the Montana Nonprofit Corporation Act.
G. PERSONAL AND REAL PROPERTY FOR COMMON USE.
The Association, through action of its Board, may acquire, hold, and dispose of tangible or intangible
personal property and real property. The Declarant may convey to the Association improved or unimproved
real estate located on the Property, personal property and leasehold and other property interests. Such
property shall be accepted by the Association and thereafter shall be maintained by the Association at its
expense for the benefit of its Members, subject to any restrictions set forth in the deed.
H. REPAIRS AND MAINTENANCE
The Association shall maintain and keep in good repair
(1) the Common Areas;
(2) all street boulevards and street lighting in the Subdivision
(3) all designated open space, parklands and public trails in the Subdivision as delineated on the
Plat;
(4) all fencing around the Common Areas installed by Declarant or the Association.
All costs associated with the foregoing duties shall be a Common Expense of the Association subject
to the right of the Association to seek reimbursement for any damage caused by a Lot Owner or his/her
agents. Repairs, replacement and maintenance shall be performed on an "as needed" basis and the
President of the Association is authorized to initiate all repairs, replacements and maintenance which are
estimated at less than ONE THOUSAND DOLLARS ($1,000.00) in expense. All repairs, replacements and
maintenance estimated at ONE THOUSAND DOLLARS ($1,000.00) or more in expense shall be initiated by
the President of the Association only after the Board has adopted a resolution specifically authorizing the
expense. Expenses shall be paid by the Treasurer of the Association from Association funds received as
assessments consistent with the Covenants. In order to implement maintenance, repair or replacement
resolutions, the President shall employ any personnel reasonably necessary to properly effect said
maintenance, repair, or replacement. The Lot Owners hereby grant an easement to the Association for
purposes of maintenance, replacement and repair as set forth herein.
I. ASSESSMENTS
Section 1. Authority and Obligation. The Board shall have the authority to levy assessments
on each Lot for Association expenses as the Board may specifically authorize from time to time.
Assessments shall be made for the repair, replacement, insurance, general maintenance, management and
administration, fees, costs and expenses of the Association, taxes for Common Areas (if any), weed control
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and any other purpose authorized by the Covenants. No Member may exempt him or herself from liability
for assessments by non-use of the Common Areas, abandonment of his or her Lot, or by any other means
except as otherwise specifically set forth herein. The obligation to pay assessments is a separate and
individual covenant on the part of each Lot Owner. No diminution or abatement of assessments or set-off
shall be claimed or allowed for any alleged failure of the Association or the Board to take some action or
perform some function required of it, or for inconvenience or discomfort arising from the making of repairs
or improvements, or from any other action the Association takes.
Section 2. Annual Assessments. At least thirty (30) days prior to the annual member’s
meeting, the Board shall prepare a budget covering the estimated Common Expenses during the coming
year. The annual assessment shall be levied against each Lot based upon that Lot’s Acreage Percentage and
shall be set at a level which is reasonably expected to produce total income for the Association equal to the
total budgeted Common Expenses, including reserves and administrative overhead. The Board shall be
responsible to adjust the assessment to meet changed needs. The Board shall send a copy of the budget
and notice of the amount of the annual assessment for the upcoming year and the due date to each
Member at least ten (10) days prior to the date for the Annual Meeting. if the Board fails for any reason
to determine the budget for any year, then until such time as a budget is determined, the budget shall be
the same amount as that in effect for the immediately preceding year. Failure of the Board to levy an
annual assessment shall not be deemed a waiver, modification, or a release of any Member or Lot from the
obligation to pay the annual assessment.
Section 3. Reserve Fund. The Association may, but is not required to, establish a reserve
account for repair and replacement of Common Areas as needed to keep such in good condition and repair.
Any reserve account established under this section shall be funded by separate reserve assessments against
the Lots in such amount as the Board may approve as a part of the annual Association budget. Any reserve
account shall be established in the name of the Association. The Association shall be responsible for
administering the account. Assessments paid into the reserve account are the property of the Association
and are not refundable to sellers or Lot Owners.
Section 4. Special Assessments. In addition to other authorized assessments, the Association
may levy Special Assessments equally against each Lot from time to time to cover unbudgeted expenses
or expenses in excess of those budgeted. Special assessments shall be payable in such manner and at such
times as determined by the Board, and may be payable in installments extending beyond the fiscal year in
which the special assessment is approved.
Section 5. Enforcement and Recovery. All assessments shall be a charge upon the land and
shall be a continuing lien upon the Lot upon which the assessments are made. Each assessment shall also
be a personal obligation of the person or entity who is the owner of the Lot at the time the assessment falls
due. Upon delivery to the Lot Owner of the notice of assessment, the assessment shall be a lien upon the
Lot Owner’s Lot until paid. The Association may record a notice of the lien with the Clerk and Recorder of
Gallatin County, Montana. In the event of nonpayment within thirty (30) days after recording the notice
of the lien, the Association may foreclose the lien in a manner set forth under Montana law for the
foreclosure of liens against real property. The Association may also bring an action at law or equity against
the persons personally obligated to pay the delinquent assessments. A suit to recover a money judgment
for assessments may be maintainable without foreclosing or waiving the lien securing the same.
In the event of action to collect a past due assessment, the Association shall be entitled to recover
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its costs, the maximum interest allowable by law, and its reasonable attorney’s fees in addition to the
amount of the past due assessment. The Association may bid for the Lot at a foreclosure sale and acquire,
hold, lease, mortgage, and convey the Lot. While a Lot is owned by the Association following foreclosure,
no right to vote shall be exercised on its behalf and no assessment shall be levied on it.
The sale, transfer, or encumbrance of any Lot shall not affect the assessment lien or the personal
liability of the Lot Owner. No sale, transfer or encumbrance shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof. After an assessment becomes more than
thirty (30) days overdue, the Board shall have the authority to exclude the delinquent Lot Owner from use
of any or all of the Association’s property.
J. NOTICES
Each Member shall register with the Association, a current mailing address and telephone number
and shall promptly notify the Association of any change in said address or telephone number. All notices,
demands, and other communication to any Member shall be sufficient for all purposes if personally served
or mailed to the Member at the last mailing address on file with the Association.
K. INSURANCE
The Association, acting through its Board or its duly authorized agent, may obtain appropriate
liability insurance coverage for all Association personal and real property, including for the Common Areas.
The Association may obtain directors’ and officers’ liability coverage if reasonably available. Premiums for
all Association insurance coverage shall be a Common Expense and shall be included in the annual
assessment. The Association, acting through its Board or its duly authorized agent, has the sole authority
for filing and adjusting all insurance claims and applying the proceeds thereto.
L. CONTRACTS, LOANS, AND DEPOSITS
The Board may authorize any officer or officers, agent or agents, to enter into any contract or
execute and deliver any instrument in the name of and on behalf of the Association, and such authority may
be general or confined to specific instances. No loans shall be contracted on behalf of the Association and
no evidence of indebtedness shall be issued in its name unless properly authorized by a majority vote of
the Board. All funds of the Association not otherwise employed shall be deposited from time to time in such
banks, trust companies or other depositories as the Directors may select.
M. INDEMNIFICATION
The Association shall indemnify each of its Directors, officers, employees or agents against
expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by such
person by reason of such person having been made or having been threatened to be made a party to a
proceeding because said person was or is a Director, officer, employee or agent of the Association if said
individual conducted him or herself in good faith and reasonably believed that his or her conduct was in the
Association’s best interests or, in the case of any criminal proceeding, had no reasonable cause to believe
his or her conduct was unlawful. The Association may not indemnify a Director, officer, employee, or agent
if said person is adjudged liable to the Association in an action brought by the Association or if in any action
said person has been found to have received improper personal benefit at the expense of the Association.
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If the Board determines the person qualifies for indemnification under this paragraph, the Association shall
advance the expenses reasonably expected to be incurred.
ARTICLE IV - AMENDMENT
The provisions of these Covenants and these Bylaws shall remain in effect until amended or
terminated. The provisions of the Covenants and these Bylaws, or any portion thereof, may only be
amended, terminated or supplemented at any time by the execution of a written document containing the
terms of the amendment, supplement or termination of any of the provisions of the Covenants or these
Bylaws, duly acknowledged by a Notary Public, and recorded with the office of the Gallatin County Clerk
and Recorder, executed by at least eighty percent (80%) of the Lots. Any right or privilege granted to the
Declarant in this instrument may only be amended or deleted with the signed written consent of the
Declarant or its successors and assigns.
ARTICLE V - MISCELLANEOUS PROVISIONS
A. SEVERABILITY
Invalidation of any provision of the Covenants and these Bylaws, in whole or in part, or any
application of a provision of the Covenants and these Bylaws by judgment or court order shall in no way
affect other provisions or applications.
B. PERPETUITY
The provisions of the Covenants and these Bylaws shall continue in full force and effect and shall
run with land as legal and equitable servitudes in perpetuity unless amended as set forth herein.
C. APPLICATION
All of the Property shall be subject to the provisions of the Covenants and these Bylaws whether
or not there is a reference to the same in a deed or conveyance.
DATED this ___ day of ____________________, 201__.
DECLARANT:
2B HOLDINGS, LLC, a Montana limited
liability company, by
_______________________________________
Benjamin E. Nistler, Manager
_______________________________________
Matthew J. Nistler, Manager
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STATE OF MONTANA )
: ss.
County of Gallatin )
On this ____ day of ____________, 201___, before me, a Notary Public in and for said State, personally
appeared BENJAMIN E. NISTLER, Manager of 2B HOLDINGS, LLC, a Montana limited liability company,
known to me to be the person whose name is subscribed to the within instrument and acknowledged to
me that the company executed the same.
_________________________________________
Printed Name: _____________________________
Notary Public for the State of Montana
Residing at _______________________, Montana
My commission expires: _____________________
STATE OF MONTANA )
: ss.
County of Gallatin )
On this ____ day of ____________, 201___, before me, a Notary Public in and for said State, personally
appeared MATTHEW J. NISTLER, Manager of 2B HOLDINGS, LLC, a Montana limited liability company,
known to me to be the person whose name is subscribed to the within instrument and acknowledged to
me that the company executed the same.
_________________________________________
Printed Name: _____________________________
Notary Public for the State of Montana
Residing at _______________________, Montana
My commission expires: _____________________
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Additional Subdivision Preliminary Plat Supplements
Page 1 f 5
Additional Subdivision Preliminary Plat Supplements
Cottonwood Corner Minor Subdivision
1. Surface Water
a. Mapping. An unnamed tributary to Baxter Creek exists along the west edge of the
property, paralleling Cottonwood Road. The preliminary plat shows this creek (and
attached wetlands) as well as the associated 50-ft watercourse/wetland setback.
b. Description. A 444-foot reach of an unnamed tributary of Baxter Creek is located
adjacent to the sidewalk on the west border. The tributary is classified as a perennial
stream although most (greater than 390 linear feet) of the channel was dry during the
September 4, 2014 delineation of waters of the US. Ponded surface water extends
approximately 50 feet from the south culvert outlet. The tributary is piped upgradient
and downgradient of the project reach. The downgradient end of the channel is piped
through a culvert that crosses to the west side of Cottonwood and goes through
another pipe to the north side of West Babcock Street. There was no observed surface
water flowing through the project reach or culvert to the west side of Cottonwood.
The channel does not support the presence of aquatic or wetland habitat. The source of
surface water for the tributary channel that flows north of West Babcock on the west
side of Cottonwood Street comes from the south and west side of Cottonwood as
observed through the open grate located on the south side of West Babcock, on the
west side of Cottonwood.
The channel has been impacted by the lack of water and prevalence of weeds (Canada
thistle) and garbage. An ordinary high water mark is not evident throughout most of
the reach. Surface water ponds at the culvert outlet located at the south project
boundary. The surface water ends approximately 50 feet from the south culvert outlet.
The water supports a remnant population of balsam cottonwood, narrow leaf willow,
and Bebb willow. The remainder of the 444-foot channel is dominated by herbaceous
species consisting of reed canary grass, Western wheatgrass, smooth brome, Canadian
thistle, fringed willowherb, and common mint.
c. Water Body Alteration. No water body alterations are proposed for this subdivision.
Any future water body alterations must be approved by the Gallatin Conservation
District.
d. Wetlands. The wetland fringe associated with the channel is displayed on the
preliminary plat. The 0.1-acre wetland was delineated during the delineations of the
waters of the US.
e. Permits. No water body or wetland disturbances are proposed with this subdivision.
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Additional Subdivision Preliminary Plat Supplements
Page 2 f 5
2. Floodplains (Waived)
There are no designated floodplains on or immediately adjacent to this site.
3. Groundwater (Waived)
Groundwater depths are known and will be accounted for during any development.
4. Geology, Soils and Slope (Waived)
No unusual geological features are present on the subdivision site.
5. Vegetation (Waived)
Wetland vegetation has been documented in the delineation of the waters of the US as shown
in the 310 permit and will be accounted for during any construction.
6. Wildlife (Waived)
No critical wildlife species or habitats are known to be found on this property.
7. Historical Features (Waived)
No buildings exist on the site.
8. Agriculture (Waived)
No agricultural uses exist on the site. The property is located near a residential area.
9. Agricultural Water User Facilities
There are no agricultural water user facilities on the property. An unnamed tributary to Baxter
Creek exists on the west side of the property. Flow is intermittent and no agricultural water
user facilities exist to draw or divert any water from the channel. The reach is proposed to be
piped in the future which will reduce water losses due to evaporation or infiltration in the
channel. The proposed pipe route will follow the straight course of the current channel.
10. Water and Sewer
Water Supply
Water for domestic use and fire protection will be provided by connections to the City of
Bozeman water system. The two lots are proposed to each have a 2-inch diameter water service
that will connect to end of the existing 6-inch water stub on the west side of the property.
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Additional Subdivision Preliminary Plat Supplements
Page 3 f 5
Water rights or cash-in-lieu thereof, will be transferred with final plat.
Sanitary Sewer
Lot 1A has an existing 4-inch sanitary sewer service at the north end of the west property line.
This line was placed during the infrastructure installation for the Valley West 5-Lot Minor
Subdivision. Lot 1B is proposed to have a 6-inch service extended from the sanitary sewer
main in Cottonwood Road to the middle of the west line of the new lot.
11. Stormwater Management
The proposed subdivision is located within an area of established public stormwater facilities.
The proposed subdivision does not include any development with the exception of the
installation of the 5-ft wide sidewalk along West Babcock Street. Runoff generated from the
new sidewalk will drain to the existing stormwater detention pond at the northwest corner of
the site. This stormwater pond was sized to manage stormwater runoff from the entire lot
assuming a post-development runoff ‘C’ coefficient of 0.67 (Valley West Five Lot Minor
Subdivision Utilities and Storm Drainage Design Report, 2003). The pond was enlarged in
2009 to manage additional runoff from the Cottonwood Road Improvements. The pond has
adequate capacity to handle the runoff from the new sidewalk. A comprehensive stormwater
plan will be submitted with any site plan application for the lots. The site stormwater plans will
limit stormwater runoff to the rates defined in the referenced stormwater design report for the
existing stormwater pond, with any additional runoff beyond that amount to be retained or
detained on site.
12. Streets, Roads, and Alleys
The proposed subdivision has legal access to Babcock Street and to the existing access road off
of Cottonwood Road to the West Edge Condominiums. Babcock Street is a collector street
while Cottonwood Road is a primary arterial street. A 1-ft no-access strip along Cottonwood
Road has been included along the west side of the property. Access to Cottonwood Road at
the south end of the subdivision will be provided through the existing 30-ft x 30-ft access
easement granted through Minor Subdivision #340.
No development is currently proposed for this subdivision; therefore, no traffic increases will
occur to the surrounding road network. A comprehensive Traffic Impact Study will be
completed with any site plan application for development of the lots. During informal
discussions with the City, it was discussed that the following intersections are deficient and
may require improvements: Babcock Street and Cottonwood Road, Babcock Street and
Ferguson Avenue, and Cottonwood Road and Durston Road. The City has plans for the
expansion of Cottonwood Road. On-site development will be coordinated with the City
Engineering Department to ensure that development does not interfere with the expansion. The
intersection of Babcock and Cottonwood will likely be signalized in the future. Provisions for a
pedestrian plaza within the subdivision at the southeast corner of this intersection will be
accounted for in any site plan application.
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Additional Subdivision Preliminary Plat Supplements
Page 4 f 5
Sidewalks will provide pedestrian circulation within the subdivision and along Cottonwood
Road and Babcock Street. A 6-ft sidewalk currently exists along Cottonwood Road. A 5-ft
sidewalk will be constructed along Babcock Street.
13. Utilities
Letters requesting comments on their ability to service this subdivision have been sent to the
following service providers:
Republic Services of Montana, American Medical Response, Bozeman Deaconess Hospital,
Bozeman Public School District, Charter Communications, NorthWestern Energy,
CenturyLink (formerly Qwest Communications), Streamline Transit, and U.S. Postal Service.
Response letters from all of those who chose to comment are enclosed in Appendix B.
14. Educational Facilities
The Director of Facilities for the Bozeman Public Schools, Todd Swinehart, indicated that
educational facilities can accommodate the additional students from the proposed subdivision.
Mr. Swinehart’s response letter is included in Appendix B.
15. Land Use (Waived)
The proposed subdivision will create two lots. One lot will be located in R-O zoning and one in
B-1 zoning.
16. Parks and Recreation Facilities
No parkland dedication or cash-in-lieu is required as this is a minor subdivision. It is noted that
cash-in-lieu donations have become highly unfavorable for new developments. The parkland
requirements for any site plan on the proposed lots will take this into account. Informal site
plan review discussions included constructing parkland or trails near the site to satisfy
requirements and avoid cash-in-lieu payments.
17. Neighborhood Center Plan (Waived)
The proposed subdivision is less than ten acres and does not include a neighborhood center.
18. Lighting Plan (Waived)
A Lighting Plan will be submitted with the site plan application for the new lots. Street lights
currently exist along the length of Cottonwood Road and at the intersection of Babcock and
Cottonwood.
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Additional Subdivision Preliminary Plat Supplements
Page 5 f 5
19. Miscellaneous (Waived)
No additional impacts or hazards are anticipated.
20. Affordable Housing (Waived)
The Workforce Housing Ordinance has been suspended until further notice.
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Recipient Name
American Medical Response
Attn: Operations Manager
2101 Industrial Drive
Bozeman, MT 59715
Sir or Madame
Bozeman Deaconess Hospital
Attn: Kevin Pitzer, President/CEO
915 Highland Boulevard
Bozeman, MT 59715
Mr. Pitzer
Bozeman Public School District
Attn: Kevin Barre, Director of Facilities
P.O. Box 520
Bozeman, MT 59771-0520
Mr. Barre
CenturyLink
Attn: JD Ellington
2707 W. Main Street
Bozeman, MT 59718
Mr. Ellington
Charter Communications
Attn: Jared Phillips
511 W Mendenhall St
Bozeman, MT 59715
Mr. Phillips
NorthWestern Energy
Attn: Michael J. Cech, PE
121 E Griffin Drive
Bozeman, MT 59715
Mr. Cech
Republic Services of Montana
Attn: Harry Kirschenbaum
P.O. Box 10730
Bozeman, MT 59719
Mr. Kirschenbaum
Streamline Transit
Attn: Lee Hazelbaker
1812 N Rouse Avenue
Bozeman, MT 59715
Mr. Hazelbaker
United States Postal Office
Attn: Mike Novotny
2201 Baxter Lane
Bozeman, MT 59718-9998
Mr. Novotny
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1091 Stoneridge Drive • Bozeman, Montana • Phone (406) 587-1115 • Fax (406) 587-9768
www.chengineers.com • E-Mail: info@chengineers.com
Civil/Structural Engineering and Surveying
RROctober 9, 2014
Bozeman Public School District
Attn: Kevin Barre, Director of Facilities
P.O. Box 520
Bozeman, MT 59771
RE: Proposed Cottonwood Corner Minor Subdivision, Lot 1, Minor Subdivision No.
340, Bozeman, MT (14460).
Dear Mr. Barre,
Enclosed please find a copy of the proposed layout of the Cottonwood Corner Minor
Subdivision. The proposed subdivision is located within the City of Bozeman, at the southeast
corner of the intersection of Cottonwood Road and Babcock Street. The proposal includes the
subdivision of one lot into two lots (one lot will be in R-O zoning while the other will be B-1
zoning). Preliminary plans for the lots include an apartment complex with up to 96 dwelling
units.
We are presently preparing an Environmental Assessment/Community Impact Statement for
inclusion in the preliminary plat submittal, and are requesting your help. Please review the
proposed layout and provide your written comments addressing the effects this project may have
on the community and your ability to provide services to the area.
The State of Montana Subdivision Regulations require written comments on the services which
will be affected by new development. We appreciate your assistance and prompt reply. Please
contact our office if you have any questions. Thank you.
Sincerely,
Matt Hausauer, EI
Enc. Cottonwood Corner Proposed Layout
G:\C&H\14\14460\PRELIMINARY PLAT\RESPONSE LETTER.DOC
209
_______________________________________________________________________________________________________
October 20, 2014
Matt Hausauer, EI
C & H Engineering and Surveying Inc.
1091 Stoneridge Drive Bozeman, Montana 59718
Via email: mhausauer@chengineers.com.com
Subject: Cottonwood Corner Minor Subdivision, Lot 1
Minor Subdivision No. 340
Bozeman, MT (14460)
Dear Mr. Hausauer,
Referencing your letter that was received October 10th, 2014 that concerns the evaluation of the proposed
subdivision. We would expect that the developed area for 96 dwelling units would generate the following students:
Pre-K-5 22 Students
6-8 11 Students
9-12 15 Students
As of this date, the proposed development will be in the Meadowlark Elementary School, Chief Joseph
Middle School and Bozeman High School attendance areas. Population growth and demographic shifts in the future may necessitate boundary realignments to existing schools which could modify the designated
attending schools. Similarly, if a designated school attendance area’s student population exceeds the school’s capacity; attendance at an alternate school may be required.
Infrastructure, such as sidewalks, should be constructed for the entire project irrespective of when actual homes are developed to provide a Safe Route to School pathway for students to safely traverse the
developed and existing roadways.
Our existing bus system can accommodate the estimated number of additional students. Please let us know
if there are any changes to the proposed development as this could modify the above student projections.
Sincerely,
_________________________
Todd Swinehart, PE
cc: Steve Johnson, Deputy Superintendent of Operations – Bozeman Public Schools
Vance Ruff, Transportation Coordinator – Bozeman Public Schools
Todd Swinehart, PE
Director of Facilities
(406) 522-6009 todd.swinehart@bsd7.org
Bozeman Public Schools
404 West Main, PO Box 520
Bozeman, MT 59771-0520 www.bsd7.org
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1
Matt Hausauer
From:Lee Hazelbaker <lhazelbaker@streamlinebus.com>
Sent:Thursday, October 23, 2014 11:31 AM
To:mhausauer@chengineers.com
Subject:Cottonwood Corner
Matt,
We currently serve the area near your proposal with a stop at Fallon and Cottonwood. We anticipate a change
in that schedule to include a run that would extend past your project on Cottonwood. This change would not be
made until the fall of 2015 and may be later depending on funding and other route issues.
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