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16076, Staff Report for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat Application
Public Hearing Date: City Commission meeting is on April 25, 2016 at 6:00 p.m.
Project Description: A preliminary plat application requesting a second or subsequent minor
subdivision of a tract of record (13.299 acres) to create three lots.
Project Location: The property is addressed as 2975 Max Avenue and is legally described as
Lot 12, Phase 1, Gallatin Center Subdivision & PUD, situated in Northeast One-Quarter
(NE ¼), Section 35, TIS, R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
The property is zoned B-2 (Community Business District).
Recommendation: Approval with conditions.
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 No. 16076 and move to approve the preliminary plat
application requesting a second or subsequent minor subdivision of a tract of record
(13.299 acres) to create three lots with conditions and subject to all applicable code
provisions.”
Report Date: April 15, 2016
Staff Contact: Allyson B. Brekke, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
Project Summary
A Preliminary Plat Application requesting a second or subsequent minor subdivision of a tract of
record (13.299 acres) to create three lots. This subdivision is a second or subsequent minor
subdivision from a tract of record and does not require Planning Board review. A public hearing
is required before a Commission decision.
At its March 30, 2016 meeting, the Development Review Committee (DRC) voted unanimously
to recommend approval of the application with the conditions and code provisions identified in
this report.
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No parkland dedication is required for this subdivision. No subdivision or zoning variances are
requested with this application. No public comment has been received.
The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60
working days of the date it was deemed adequate; or in this case by June 23, 2016.
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. 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
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 - REQUESTED VARIANCES OR DEVIATIONS .................................................. 7
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 8
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 9
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................... 9
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 9
Preliminary Plat Supplements ........................................................................................... 11
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ..................................... 14
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND .................... 14
APPENDIX C - NOTICING AND PUBLIC COMMENT .......................................................... 15
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 15
FISCAL EFFECTS ....................................................................................................................... 15
ATTACHMENTS ......................................................................................................................... 15
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SECTION 1 - MAP SERIES
Figure 1: Zoning Map
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Figure 2: Future Land Use Designation Map
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Figure 3: Existing Land Use Map
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Figure 4: Proposed Amended Plat
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SECTION 2 - REQUESTED VARIANCES OR DEVIATIONS
No subdivision or zoning variances are requested with this preliminary plat application.
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 this project.
Recommended Conditions of Approval:
1. 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.
2. The applicant must 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 must include a digital copy
(pdf) of the entire Final Plat submittal. This narrative must be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and must be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application must 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. The Gallatin County Clerk & Recorder’s office
has elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as a separate document from the Plat. This accompanying
sheet may either be on a same sized mylar sheet or a letter or legal paper document with
up to 11x17 exhibits.
4. The final plat must provide all necessary utility easements and must be described,
dimensioned and shown on the final plat in their true and correct location. Any rear or
side yard utility easements not provided will require written confirmation from utility
companies providing service indicating that rear or side yard easements are not needed.
5. If not already paid with the original planned unit development (PUD), the transfer of
water rights or the payment of cash-in-lieu (CIL) of water rights must be provided in
accordance to Bozeman Municipal Code (BMC) section 38.23.180. The applicant can
contact Brian Heaston with the City Engineering Department to obtain an analysis of CIL
of water rights, and if a payment is required, it must be paid prior to final plat approval.
Alternatively, given the commercial nature of the lots to be platted and the presently
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unknown use at these lots as well as the subsequent requirement for a site plan for each
lot, CIL of water rights may be deferred to the site plan applications.
6. The applicant must provide a copy of the joint access, driveway, parking, snow storage,
drainage and stormwater agreement that is referenced on the pre-application exhibit with
the preliminary plat application and demonstrate that the agreement will subsequently be
conveyed to the proposed lots.
7. A street light is required at the intersection of Max Avenue and Cattail Street per the City
of Bozeman (COB) Design Standards and Specifications Policy for Lighting. This is a
condition of final plat approval per Bozeman Municipal Code (BMC) 38.39.030.B.3.
Lighting may be financially guaranteed.
8. Street lighting is required at the appropriate spacing along Cattail Street adjacent to the
property frontage per the COB Design Standards and Specifications Policy for Lighting.
This will be a condition of final plat approval per Bozeman Municipal Code (BMC)
38.39.030.B.3. Lighting may be financially guaranteed.
9. A 12-foot wide all-weather gravel access road must be constructed to provide access to
all sanitary sewer manholes not located within a paved public or private street or parking
lot per the COB Design Standards and Specifications Sanitary Sewer System Design
Criteria. Several manholes exist on proposed lot 12B without winter access to the
manholes. It is understood that a subsequent site plan is being prepared that will indicate
paving over the existing sanitary sewer manholes to meet this requirement. A gravel all-
weather surface may be financially guaranteed per BMC 38.39.030.A.2 until the paving
is completed to avoid construction of the gravel surface prior to paving.
10. The applicant must execute and file the proposed waiver of right to protest special
improvement districts prior to final plat approval. The draft waiver included with the
application meets the City requirements.
11. The estimated peaking factor for demands to the sanitary sewer system is too low. The
population estimated for use in the peaking factor equation looks correct, but the value
was incorrectly input to the peaking factor calculation. The peaking factor and
subsequent peak-hour demand to the sanitary sewer system must be recalculated and
submitted prior to final plat approval.
12. The Municipal Facilities Exclusion (MFE) checklist indicated Department of “Public
Services” and should read Department of “Public Works.” The applicant must adjust the
MFE checklist prior to signature by the Public Works Director.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
None have been identified at this time.
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SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Lot 12 Gallatin Center Minor Subdivision Preliminary Plat
File: 16076
The Development Review Committee (DRC) reviewed the proposed minor subdivision
preliminary plat application on March 16, 23 and 30, 2016. On March 30, 2016, the DRC
determined the application 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 the recommended conditions of approval, is in compliance with the adopted growth policy,
the Montana Subdivision and Platting Act and the Unified Development Code.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a Commission decision. The
City Commission will hold a public hearing on the minor subdivision preliminary plat on April
25, 2016. The meeting will be held at 121 N. Rouse Avenue, Bozeman and will begin at 6:00
p.m.
Having considered the criteria established for a minor subdivision, Staff recommends conditional
approval as submitted.
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 of Approval No. 3, 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 must 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
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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 public hearing before the City Commission has been properly noticed as required by the
Bozeman Municipal Code. Based on the recommendation of the Development Review
Committee (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 to the Department of Community Development on
February 24, 2016 and was deemed acceptable for initial review on March 9, 2016. The
preliminary plat was reviewed by the DRC on March 16, 23 and 30, 2016. The DRC determined
the submittal contained detailed, supporting information that is sufficient to allow for the review
of the proposed subdivision on March 30, 2016.
Public notice for this application was scheduled in the legal advertisements section of the
Bozeman Daily Chronicle on April 10, 2016 and the site was posted with a public notice on
March 28, 2016. Public notice was sent to physically adjacent property owners via certified
mail, and to all other property owners of record within 200 feet of the subject property via first
class mail, on April 4, 2016. No public comment has been received as of the writing of this
report.
On April 15, 2016 this subsequent minor subdivision preliminary plat application staff report
was drafted and forwarded with a recommendation of conditional approval by the Director of
Community Development for consideration by the City Commission which is scheduled to make
a final decision at its April 25, 2016 public hearing. The final decision for a Subsequent Minor
Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed
adequate; or in this case by June 23, 2016
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the Development Review Committee reviewed the
preliminary plat against all applicable regulations and compliance with all regulations appears to
be met. Recommended conditions of approval and code provisions requiring plat corrections are
included to complete the application processing for final plat approval. Site specific conditions
and plat corrections are included in this report for consideration by the City Commission.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As detailed above under Criteria 2, required by Section 38.23.060.A and recommended as
Condition of Approval No. 4, all easements, existing and proposed, must be accurately depicted
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and addressed on the final plat and in the final plat application. All necessary utilities and
required 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 constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat. In addition, Condition of
Approval No. 6 is requiring the applicant to provide a copy of the joint access, driveway,
parking, snow storage, drainage and stormwater agreement that is referenced with the
preliminary plat application to demonstrate that the agreement will subsequently be conveyed to
the proposed lots.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on February 10, 2016.
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. Staff offers the following summary comments on the supplemental information
required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental information waived by the DRC. A 50-foot wide setback exists on both sides of
the stream/creek. An asphalt trail was previously constructed on the outside edge of the eastern
setback.
38.41.060.A.2 Floodplains
Supplemental information waived by the DRC.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC. Per a previously completed investigation, the groundwater has been identified as 6-8 feet deep.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. Per a previously completed investigation, the
surface is approximately one foot of organic materials, underlain with dense to very dense sandy
gravels.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. The creek is heavily vegetated. Weed
management is completed.
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38.41.060.A.6 Wildlife
Supplemental information waived by the DRC.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. The property has been substantially disturbed and graded over time which would remove historical features.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. Grasses exist that are cut annually.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. No water user facilities on the property.
38.41.060.A.10 Water and Sewer
Lot 12 is currently served by two 8-inch ductile iron water mains. One main is located across the
front of the east building frontage line and the second across the back (west) of the lot. Both are within a utility easement. Based on the applicant’s analysis, the water mains located on Lot 12
of Gallatin Center provide adequate service to meet the peak hour demand and fire flows of the
development. Per Condition of Approval No. 5, the transfer of water rights or the payment of
cash-in-lieu (CIL) of water rights must be provided in accordance to Bozeman Municipal Code
(BMC) section 38.23.180.
Lot 12 is currently by an 8-inch PVC sanitary sewer main. The anticipated commercial
developments serviced by the existing main will consist of two future commercial buildings and
one existing building (Staples). Engineering Staff found the applicant’s estimated peaking factor
for demands to the sanitary sewer system as too low. Per Condition of Approval No. 11, the peaking factor and subsequent peak-hour demand to the sanitary sewer system must be
recalculated and submitted prior to final plat approval.
38.41.060.A.11 Stormwater Management
Per recommended Condition of Approval No. 6, the applicant must provide a copy of the joint access, driveway, parking, snow storage, drainage and stormwater agreement that is referenced
with the preliminary plat application and demonstrate that the agreement will subsequently be
conveyed to the proposed lots.
38.41.060.A.12 Streets, Roads and Alleys
Supplemental information waived by the DRC. All perimeter streets have been previously
installed (Max Avenue and Cattail Street). Per Condition of Approval No. 9, a 12-foot wide all-
weather gravel access road must be constructed to provide access to all sanitary sewer manholes
not located within a paved public or private street or parking lot per the COB Design Standards
and Specifications Sanitary Sewer System Design Criteria. Several manholes exist on proposed lot 12B without winter access to the manholes. It is understood that a subsequent site plan is
being prepared that will indicate paving over the existing sanitary sewer manholes to meet this
requirement. A gravel all-weather surface may be financially guaranteed per BMC
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38.39.030.A.2 until the paving is completed to avoid construction of the gravel surface prior to
paving.
38.41.060.A.13 Utilities
Electrical, gas and communications lines are installed to the north edge of Lot 12, on the west side, for future extension. A 12’-0” wide utility easement is in place. As required with
Condition of Approval No. 4, all easements, existing and proposed, must be accurately depicted
and addressed on the final plat and in the final plat application. All necessary utilities and
required utility easements will be provided and depicted accordingly on the final plat. 38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. No residential development is proposed.
38.41.060.A.15 Land Use
The proposal three lot subdivision is within B-2 (Community Business District) zoning and is designated as Regional Commercial in the Bozeman Community Plan. The anticipated use of the lots is commercial.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental information waived by the DRC. No residential development is proposed,
therefore no parks and recreation facilities are required.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC.
38.41.060.A.18 Lighting Plan
Supplemental information waived by the DRC. Per Conditions of Approval Nos. 7 and 8, street lighting is required along Cattail Street and at the Cattail Street/Max Avenue intersection.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. 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.
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APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned as B-2 (Community Business District). The intent of B-2 is to
provide for a broad range of mutually supportive retail and service functions located in clustered
areas bordered on one or more sides by limited access arterial streets.
Adopted Growth Policy Designation:
The subject property is designated as Regional Commercial and Services in the Bozeman
Community Plan. Bozeman is a retail, education, health services, public administration, and
tourism hub and provides opportunities for these activities for a multi-county region. Often the
scale of these services is larger than would be required for Bozeman alone. Because of the draw
from outside Bozeman, it is necessary that these types of facilities be located in proximity to
significant transportation routes. Since these are large and prominent facilities within the
community and region, it is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community. Opportunity for a mix of uses which
encourages a robust and broad activity level is to be provided. Residential space should not be a
primary use and should only be included as an accessory use above the first floor. Any
development within this category should have a well integrated transportation and open space
network which encourages pedestrian activity, and provides ready access within and to adjacent
development.
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description: A Preliminary Plat Application requesting a second or subsequent minor
subdivision of a tract of record (13.299 acres) to create three lots. This subdivision is a second or
subsequent minor subdivision from a tract of record and does not require Planning Board review.
A public hearing is required before a Commission decision.
Project Background: A subdivision pre-application plan review for this property was
completed by the DRC on February 10, 2016. 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 City’s summary review comments
were forwarded to the applicant in preparation of the preliminary plat application and the
Development Review Committee (DRC) granted numerous supplemental information waivers
under 38.41.060, BMC.
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APPENDIX C - NOTICING AND PUBLIC COMMENT
A preliminary plat application was submitted to the Department of Community Development on
February 24, 2016 and was deemed acceptable for initial review on March 9, 2016. The
preliminary plat was reviewed by the DRC on March 16, 23 and 30, 2016. The DRC determined
the submittal contained detailed, supporting information that is sufficient to allow for the review
of the proposed subdivision on March 30, 2016.
Public notice for this application was scheduled in the legal advertisements section of the
Bozeman Daily Chronicle on April 10, 2016 and the site was posted with a public notice on
March 28, 2016. Public notice was sent to physically adjacent property owners via certified
mail, and to all other property owners of record within 200 feet of the subject property via first
class mail, on April 4, 2016. No public comment has been received as of the writing of this
report.
On April 15, 2016 this subsequent minor subdivision preliminary plat application staff report
was drafted and forwarded with a recommendation of conditional approval by the Director of
Community Development for consideration by the City Commission which is scheduled to make
a final decision at its April 25, 2016 public hearing. The final decision for a Subsequent Minor
Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed
adequate; or in this case by June 23, 2016
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Gallatin TR LP (c/o Randy Twist), 2501 North Josey Lane, Carrollton, TX 75006
Applicant: Gallatin TR LP (c/o Gene Graf), PO Box 906, Bozeman, MT 59771
Representative: Madison Engineering, LLC, 895 Technology Blvd, Suite 203, Bozeman, MT
59718
Report By: Allyson B. Brekke, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application, Checklists, Platting Certificate and Narrative
Plat Exhibits Appendix Materials
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Inter-office Original to:
City of Bozeman
Department of Community Development
P.O. Box 1230
Bozeman, MT 59771
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
GALLATIN CENTER – LOT 12 SUBSEQUENT MINOR SUBDIVISION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lots 12A, 12B & 12C of Amended Plat of Lot 12 Gallatin Center PUD Phase IV
IN CONSIDERATION of receiving approval for subdivision of the subject property from the City
of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts which will be caused by the development of the above-described property, the owner has waived
and does hereby waive for itself, its successors and assigns, forever the right to protest the creation
of a one or more special improvement districts for;
a. Street improvements to Cattail Street including paving, curb/gutter, sidewalk, lighting, and storm drainage.
b. Street improvements to Max Avenue including paving, curb/gutter, sidewalk, lighting,
and storm drainage.
c. Street improvements to Thomas Drive/N. 27th Avenue including paving, curb/gutter,
sidewalk, lighting, and storm drainage. d. Intersection improvements to the intersection of N. 27th Avenue and Cattail Street.
or to make written protest against the size or area or creation of the district to be assessed in
response to a duly passed resolution of intent to create one or more special improvement districts
which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the developer agrees
to participate in an alternate financing method for the completion of said improvements on a fair share,
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proportionate basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this _____ day of __________________, 2016.
LANDOWNER
______________________________________________
Gallatin TR LP
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ____________________, 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared _________________, known to me to be a _________of Gallatin TR LP the entity that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) _________________________________________
Chris G Budeski
Notary Public for the State of Montana
Residing at Gallatin County
My Commission Expires: November 26, 2019
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672
673
674
675
676