HomeMy WebLinkAboutMEDICAL EYE SPECIALISTS RC2 NARRATIVE 2021.9.20 161 East Michigan Avenue
Suite 200
Kalamazoo
MI 49007-3957
PHONE 269.388.7313
FAX 269.388.7330
WEB www.eckert-wordell.com
P RINCIPALS
Jeffery Eckert
Chad Sikkenga
Jared VanderWeele
Douglas Wales
Tim Cane
Curt Penny
Paul Van Der Kolk
Donna Van Natter
ASSOCIATES
Susan Beachler
Robert Flegal
June 30, 2021
City of Bozeman Community Development Department
Alfred M. Stiff Professional Building
20 East Olive Street
PO Box 1230
Bozeman, MT 59715
RE: Site Plan Application Design Narrative
MES Medical Office Building
3280 North 27th Avenue
Bozeman, Montana 59718
Dear Community Planning Office:
Medical Eye Specialists (MES) is a local medical practice providing ophthalmic care to the Southwest
Montana region. The practice was founded in 1963, and has experienced robust growth alongside
the City of Bozeman over the past 10 years. The practice’s current lease will be expiring, and they
have proactively begun land analysis and design planning to prepare a new space built around their
needs.
Project Scope
The objectives of this project are to develop a medical office building in which physicians can see
patients in clinic at the same time as other physicians conduct surgical and LASIK procedures.
Supporting both the clinic and surgical suite will be administrative and staff support functions.
The ophthalmic clinic, special testing, and optical department will occupy the entire main floor,
with the surgical suite and beds, administration, staff lounge and lockers on the upper level.
Site Features
The selected site is located at the south east of the intersection of North 27th Avenue and East
Valley Center Road. This site has been identified as the northernmost 87,333 sf (2.00 acre) lot being
co-developed alongside the East Lake Professional Center Subdivision (File No. 20-274) on this
corner. The property was recently rezoned B-2M (File No. 19-499), and is designated as Community
Commercial Mixed Use in the effective Future Land Use Map.
The subdivision will be extending water, sewer, gas, and power to the site, and the project team is
in close communication with adjacent developments and infrastructure projects to coordinate
these utility extensions. The property will handle its own storm drainage on-site.
The property and development will connect to and expand the adjacent trail network on
established easements, with cross connectivity to pedestrian circulation within the site.
The building is designed and sited for the high visibility corner, and address all directions. A corner
plaza is proposed to face the intersection of North 27th Avenue and East Valley Center Road. North
27th is designated as a Mixed Block Frontage, while East Valley Center is designated as a Gateway
Block Frontage. The on-site retainage/retention pond is envisioned as a thoughtfully landscaped
Site Plan Application Design Narrative
MES Medical Office Building
3820 North 27th Avenue Bozeman, Montana 59718
June 30, 2021
Page 2
front yard space to frame the building, entrance, and outdoor public patio spaces. Two outdoor public plaza spaces
are provided facing North 27th Street, with one of them prominently located to address the corner with a public
entry.
Site amenities and structures will include a public outdoor plaza space adjacent to the main building entry; a drop-
off canopy extending over the main entry; an outdoor, canopy-covered, public patio outside the northwestern entry;
a staff outdoor patio adjacent to the staff entry; a dumpster and generator enclosure separated by landscaping
buffers; and connections to trail systems adjacent to the site. The Commercial Open Space exceeds the required 2%
of site area (1,747 sf) by over 600 square feet (2,375 sf, see Landscape Site Plan (L000) for location and details).
Parking: 103 parking spaces and 5 accessible parking spaces are provided. Parking calculations have been detailed to show that what is provided meets B2M zoning and 2018 IBC table 1106.1 & 1106.3 requirements. Calculations
are as follows:
• Total Building Square footage: 19,822 sf (Required Parking 2/1,000 sf)
• Min. Parking – 40
• B2M Total Building Occupancy Max. Parking Calculation
• Max. Parking – 103
• Accessible Parking – 5
o 4 spaces per FTE Doctor + 1 space per FTE Employee
o 12 Doctors * 4 Patients = 48 patient spaces
o 42 Clinical Employees = 42 employee spaces
o 13 ASC Employees = 13 employee spaces
o 48 + 42 + 13 = 103 spaces maximum
o Per table 1106.1 = 5 accessible spaces required
• B2M Separate Tenant Occupancy Max. Parking Calculation
• Max. Parking – 103
• Accessible Parking – 5
o Medical and Dental Office: 15,233 sf
4 Patient spaces per FTE Doctor + 1 space per FTE Employee
10 Doctors * 4 Patients = ...................... 40 patient spaces
42 Clinical Employees = ......................... 42 employee spaces
40 + 42 = ................................................ 82 spaces maximum
Per 2018 IBC table 1106.1 = .................. 4 accessible spaces required
o Licensed Ambulatory Surgery Center: 4,589 sf
4 patient spaces per FTE Doctor + 1 space per FTE Employee
2 Doctors * 4 patients = ........................ 8 patient spaces
13 ASC Employees = .............................. 13 employee spaces
8 + 13 = .................................................. 21 spaces maximum
Per 2018 IBC table 1106.3 = .................. 1 accessible space required
o Max Parking Grand total: 82 +21 = 103 spaces maximum
o Accessible Parking Grand Total: 4 + 1 = 5 accessible spaces
Possible future expansion of the clinical functions has been accounted for by leaving a green space on the south east
corner of the building equivalent to the width and length of a ‘pod’ of exam lanes and waiting area.
Site Plan Application Design Narrative
MES Medical Office Building
3820 North 27th Avenue Bozeman, Montana 59718
June 30, 2021
Page 3
Building Features
The facility is designed around the patient experience and clinical workflow to deliver care efficiently and effectively.
Attention to patient mobility challenges, avoiding direct sunlight glare for dilating patients, and affording views to
the Bridgers to the northeast; while providing daylight and views to staff work areas became critical elements of the
design approach.
The predominantly 2-story building steps down to a single story on the western end. The roof-plane of the single-
story portion extends to form a covered drop-off canopy on the southern elevation which provides a clear visual
queue upon arrival to the site. The roof-plane also extends to form a canopy on the northern elevation which
accentuates the street corner adjacent entry. The check-in spaces draw patients north through the building from the
main entry to where they are received at the north end which provides patients with the best views and least amount
of direct sunlight.
Patients then circulate east across the north-side of the facility through the pre-diagnostic steps of their care. Dilating
sub-wait areas are positioned with additional views to the north, and screened from direct sunlight through building
orientation. Staff circulate and work across the sunny south-side, with views to approaching patients providing visual
control of the site. The staff lounge is provided the ‘best seat in the house’ on the second floor looking north east
toward the Bridgers and south east back toward town.
The second-floor surgical suite is a private patient experience. Views are afforded to the west in the reception room,
and glazing in the preoperative areas occurs above 4-foot; when a patient crosses in to the pre-post op experience,
daylighting is offered via glazing at 4-foot and higher, but visual privacy to the public is strictly controlled with no
exterior glass below.
The building facades are planned with Montana Sandstone and Brick at the pedestrian level, with accenting forms
extending up to the roof line. A protruding horizontal band will provide visual interest to vehicular traffic across the
north elevation, and break-up the height of the building for pedestrians utilizing the public trails.
Finishes above the first-floor level will transition to combinations of EIFS, stucco, and masonry. Aluminum store-
front glazing is used in occupied areas of the building, and are composed to form rhythms and interest in the exterior,
using spandrel glass where necessary to complete the desired composition. Roof-top-unit air handlers will be
screened with metal panel enclosures.
Montana sandstone on the west elevation forms a feature wall for integrated building signage facing N. 27th Ave.
The form is designed for a layered effect, with transparent views through the wall, recessed glass for views in to the
building, and yet-to-be-designed signage set proud of the wall. Additional highly-visible building signage is provided
on the north elevation facing East Valley Center Rd. above the second floor.
Site Plan Application Design Narrative
MES Medical Office Building
3820 North 27th Avenue Bozeman, Montana 59718
June 30, 2021
Page 4
Site Submittal Comment Responses
Written responses to Medical Eye Specialists Medical Eye Clinic review comments are offered below. Please refer to
attached narrative document from TD&H for any comment responses not given in this narrative.
1. Site Plan Checklist (SP) & submittal requirements – BMC 38.220.080
c. Please provide a glass sample to ensure transparency.
i. This must be provided prior to building permit approval. This sample will be returned upon
execution of certificate of occupancy.
Response: Sample was mailed 9/20/2021.
2. Advisory Comments Regarding Departures:
b. Location and design of service areas and mechanical equipment - BMC 38.520.070.
i. The requested departure regarding the alternative design of the enclosure is at the purview
of management within the Community Development Department and final approval of this
departure will be addressed accordingly following adequacy.
1. The assigned Planner will be recommending approval of this departure.
2. A fee of $248 is applicable for this departure.
Response: Payment will be submitted to City of Bozeman.
End of Site Submittal Comment Responses.
MES is excited to bring a state-of-the-art Ophthalmic Center to Bozeman to ensure their ability to serve the growing
population of Southwest Montana. We look forward to discussing the project with your team.
Sincerely,
Jared T. VanderWeele, AIA
Vice President
JTV
Attached: TD&H site plan review comment responses and drawings
MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA
406.586.0277
tdhengineering.com
234 East Babcock Street
Suite 3
Bozeman, MT 59715
09/17/2021
City of Bozeman
20 East Olive Street #202
Bozeman, MT 59715
RE: MEDICAL EYE SPECIALIST
BOZEMAN, MONTANA
TD&H ENGINEERING JOB NO. B20-067
Please see the below responses to the City of Bozeman Site Plan application review issued
August 9th 2021.
Planning Comments
1. Site Plan Checklist (SP) & submittal requirements – BMC 38.220.080
b. Please denote all applicable setbacks accordingly.
i. Minimum side setbacks for the proposal building is 5 feet.
Response: A 25’ setback is provided along the North lot line. A 10’ setback is provided
along the west lot line. Both setbacks exceed the minimum requirement.
ii. Minimum side setbacks for parking and loading areas are 8 feet.
1. The call out denotes 3 feet for both of these.
Response: The development is currently zoned B2-M, which calls for side setbacks of
5’. The East setback has been revised to 5’. The South lot line setback has been reduced
to 3’ and has been coordinated with the adjacent south property which already has a 10’
setback at the property line effectively providing 13’ of setback space from the parking lot
curb.
Engineering Division Comments
1. If not already filed for the subject site, the applicant must provide and file with the County
Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special
Improvement Districts (SID’s)
Response: Draft SID waiver forms are included in the submittal.
2. The development is reliant upon the Davis lift station and Norton East Ranch interceptor
to provide wastewater service to the proposed development. The lift station and
interceptor are under construction however the City cannot guarantee the timeline or
completion of either. Both must be completed and in operation prior to site plan approval.
Response: Conditional approval item acknowledged.
SEPTEMBER 17, 2021 PAGE NO. 2
tdhengineering.c om
3. Bozeman Municipal Code (BMC) 38.410.130 - CILWR must be paid prior to site plan
approval. Please provide proof of payment.
Response: CILWR correspondence and fee is included in this submittal.
4. The City’s Water Facilities Master Plan (WFMP) calls for the extension of a 12” main
within N 27th Ave from the existing main north to the intersection of East Valley Center
Road. Additionally, City’s Water Facilities Master Plan calls for the extension of a 16”
main along the East Valley Center Road frontage. The proposed alternative route is
acceptable. The water main extensions must be completed prior to site plan approval.
Response: Conditional approval item acknowledged. City needs to perform closeout
approval with neighboring project. Expected this fall.
5. City’s Wastewater Facilities Master Plan (WWFMP) calls for the extension of an 8” main
along the East Valley Center Road frontage with connection to the Davis Lane lift station
via the Norton East Ranch interceptor. Alternative alignments maybe acceptable provided
the same land area defined within the facility plan proposed to be served by the 8”
extension can be achieved. As proposed the fundamental distribution is reliant upon the
coordination with the adjacent development. The City must ensure that the coordination
has occurred to comply with the WWFMP prior to the future preliminary plat adequacy.
The 8” extension must be completed prior to site plan approval.
Response: Conditional approval item acknowledged. City needs to perform closeout
approval with neighboring project. Expected this fall.
6. Wastewater infrastructure proposed for the East Lake Professional Center Subdivision
must completed and accepted by the city prior to site plan approval.
Response: Conditional approval item acknowledged. Eastlake subdivision infrastructure
must be installed. Expected this fall.
7. North 27th Avenue must be updated to meet City standard in accordance to the section
defined in the City’s Transportation Master Plan prior site plan approval.
Response: Conditional approval item acknowledged. North 27th has been coordinated
through infrastructure review. City needs to perform closeout approval with neighboring
project. Expected this fall.
8. Honor Lane must be fully constructed to a local street standard prior to site plan approval
from existing section west to N 27th Ave. Honor street section must match the existing
section to the east.
Response: Conditional approval item acknowledged. Eastlake subdivision infrastructure
must be installed. Expected this fall.
9. DSSP Section (V.B) Sanitary Sewer System Design Criteria - The applicant must provide
an estimate of the peak-hour sanitary sewer demand certified by a professional engineer
for the proposed project prior to site plan approval. This information is used to verify
downstream sewer capacity as well as keep the City’s wastewater hydraulic model
updated.
a. The applicant has referenced a Wastewater demand memo that doesn’t appear to
have been included in the resubmittal.
SEPTEMBER 17, 2021 PAGE NO. 3
tdhengineering.c om
Response: The wastewater flow memo is included in this submittal.
Please contact me with any questions you may have regarding our response
alex.edwards@tdhengineering.com.
Sincerely,
____________________
Alex Edwards, PE
Civil Engineer
TD&H ENGINEERING
MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA
406.586.0277
tdhengineering.com
234 East Babcock Street , St. 3
Bozeman, MT 59715
06/29/2021
Karl Johnson
City of Bozeman
20 E. Olive St.
Bozeman, MT 59715
RE: MEDICAL EYE SPECIALISTS, WASTEWATER MEMO
Mr. Johnson:
The following information is provided to summarize the wastewater design capacity for the
Medical Eye Specialists (MES) Clinic located in Lot 4 of the Eastlake Professional Center
(EPC) Subdivision.
The Master Site Plan for the EPC Subdivision estimated a total peak flow based on zone
undeveloped land usage for B-2 zoning from the City of Bozeman design standards Table V-
1. The total demand for the subdivision is estimated at 35.7 gpm of which 11.45 gpm is
devoted to lot 4 where the MES clinic is proposed. An equivalent population of 0.14 was
estimated for the development resulting in a peak factor of 4.21.
The following table is referenced from the Master Site Plan draft design guidelines that shows
the design flow rates for Lot 4.
Table 1 Wastewater Flows
PROJECTED WASTEWATER FLOWS
The MES building will be staffed with 55 employees and an additional 53 patients are
conservatively estimated for operations. The flow rate of 9.6 gal/capita/day is used to project
wastewater generated from the development. The estimated rate is an indirect per capita
use that was established for hospital facilities in the 2018 Wastewater Facilities master plan
for the City of Bozeman. Based on the number of employees at the project use rate, the
development will require 1,037 gpd (0.72 gpm). Using the same peak hour factor of 4.21 the
peak flow equates to 3.03 gpm. With the addition of 300 gpd of infiltration on the 2.0-acre
parcel amounts to a total flow of 3.24 gpm. The projected wastewater use demonstrates that
the Eastlake Subdivision has been designed to adequately serve the MES site.
Sincerely,
________________
Alex Edwards, PE
Civil Engineer
Sewer
Segment
Contributing
Area
(Acre)
Total
Flow
(gpm)
Peaking
Factor
Infiltration
(gpm)
Peak
Flow
(gpm)
Required
Pipe Dia.
(in.)
LOT 4 1.93 2.67 4.21 0.20 11.45 8
Alex Edwards - RE: Medical Eye Specialists - CILWR
From:Griffin Nielsen <GNielsen@BOZEMAN.NET>To:Alex Edwards <alex.edwards@tdhengineering.com>
Date:9/15/2021 9:55 AM
Subject:RE: Medical Eye Specialists - CILWR
Cc:Jared VanderWeele <jaredv@eckert-wordell.com>, Planning Technician <Plan...
Alex,
The updated fee amount of $7,130 looks good. The check can be made out the City of Bozeman.
Thanks,
City of Bozeman MT
Griffin Nielsen, PE| Engineering Department
406.582.2280
gnielsen@bozeman.net
From: Alex Edwards <Alex.Edwards@tdhengineering.com>
Sent: Tuesday, September 14, 2021 10:04 AM
To: Griffin Nielsen <GNielsen@BOZEMAN.NET>
Cc: Jared VanderWeele <jaredv@eckert-wordell.com>
Subject: RE: Medical Eye Specialists - CILWR
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Griffin,
There has been a change to the building layout for the Medical Eye Specialist project (No. 21149). The floor area of the building reduced from 20,620 to 19,822 SF. I have updated the fee calculation accordingly. Can you please confirm the update for us?
Also, please confirm for us whom we can make the check payable to.
Thanks,
Alex Edwards, P.E.
TD&H Engineering
234 E. Babcock, Suite 3 l Bozeman, MT 59715
p: 406.586.0277
www.tdhengineering.com
>>> Griffin Nielsen <GNielsen@BOZEMAN.NET> 5/12/2021 12:44 PM >>>
Hi Alex,
Thanks for the voicemail yesterday. To follow up on the CIL request for the Medical Eye Specialists SP here is the determination for the project. Let me know if you have any questions
or comments.
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As far as the existing water rights the owner/developer will need to do the research to determine if there are any existing water rights available. If rights do exist send them over and
we can then review. Please be advised there are a variety of water rights out there and not all hold value to the City with respect for our water adequacy needs/goals. That being said
has there been any discussion or correspondence with DNRC on utilizing an exempt well for the subdivision or project?
Thanks,
City of Bozeman MT
Griffin Nielsen, PE| Engineering Department
406.582.2280
gnielsen@bozeman.net
From: Alex Edwards <Alex.Edwards@tdhengineering.com>
Sent: Wednesday, April 14, 2021 2:47 PM
To: Griffin Nielsen <GNielsen@BOZEMAN.NET>
Cc: Jared VanderWeele <jaredv@eckert-wordell.com>; Ryan Krueger <rkrueger@intrinsikarchitecture.com>; Rob Pertzborn <rpertzborn@intrinsikarchitecture.com>; Taylor Winkel
<Taylor.Winkel@tdhengineering.com>
Subject: Medical Eye Specialists - CILWR
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi Griffin,
I am working on a City of Bozeman project that calls for Cash in lieu of water rights. We are currently doing a concurrent submittal for the Eastlake Professional Center MSP located at
the corner of N. 27th and East Valley Center (Prelim Plat Attached) and Site Plan for lot 4 of the subdivision which will be a Medical Eye Clinic. I have attached two plan sheets for the clinic site plan submittal that show the floor plan and irrigation calculations.
We are requesting a determination of CILWR for the Medical Clinic Site plan, but would also like to know if there are any existing water rights tied to the property so that the developer may split costs accordingly. The clinic is a medical building with a total area of 20,620 SF and has an estimated irrigation demand of 0.58 Acre Ft/Year.
Please let me know if you require any additional information to make your determination.
Thanks,
Alex Edwards, P.E.
TD&H Engineering
234 E. Babcock, Suite 3 l Bozeman, MT 59715
p: 406.586.0277
www.tdhengineering.com
From: Nakeisha Lyon <nlyon@BOZEMAN.NET>
Sent: Tuesday, April 13, 2021 2:28 PM
To: Jared VanderWeele <jaredv@eckert-wordell.com>
Cc: Planning Technician <PlanningTech@BOZEMAN.NET>; Bill Pratt <bpratt@BOZEMAN.NET>; Presley Conrad <pconrad@BOZEMAN.NET>
Subject: 21-149 Medical Eye Specialist Clinic Site Plan - Completeness Review - Application Sufficient and Routed for Formal Review
Good afternoon Jared,
Based on the completeness review of the submitted documents and plans for 21-149 Medical Eye Specialist Clinic Site Plan, staff has deemed the application acceptable for formal
review.
The Site Plan will be assigned for review by a Planner and Engineer prior to the end of the week.
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After the assignment, a Development Review Coordinator will be in contact with you regarding the schedule and review deadlines associated with the project.
In the meantime, please provide the following information and coordinate the payment of the application fee with our Planning Technicians.
•Water rights information
◦This was not provided in the submittal.
◦If cash-in-lieu is proposed, a cash-in-lieu of water rights calculation and payment amount certified by the City’s Engineering Division.
◾Please provide this information if already coordinated with the City’s Engineering Division. ◾If not, your assigned planner can coordinate this on your behalf with the Engineering Division during the Site Plan review.
•Application Fee
◦Based on the 2021 Approved Fee Schedule for the Community Development Department, the associated submittal fee for this SP application with one departure is
$13,400.60.
◾Please see the attached intake form associated with this SP application submittal for a breakdown of the applicable fee.
◾This fee may be paid via phone, by mail, or by dropping off of a check with the assigned project number (21-149) and project type (SP) written on the check to the
address listed in my signature.
•Preferred method of payment is cash or check to avoid any associated transaction fees with the processing of a credit card.
◾If you would like to schedule a phone payment or you have any additional questions, feel free to reach out to PlanningTech@BOZEMAN.NET who is CC’ed to this
email.
Thank you,
Nakeisha Lyon | Associate Planner | Community Development
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771
P: 406.582.2963 | E: nlyon@bozeman.net | W: www.bozeman.net/planning
The Department of Community Development is revising its operations until further notice to address COVID-19. We appreciate your patience and are working hard to keep as much
stability of operations as possible. There may be delays in responding to inquiries. We continue to receive and review development applications digitally (See COVID-19 Development
Review Procedures.) Some application types may see delays in review due to suspension of public meetings.
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6,
Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention
policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law.
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6,
Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record
retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law.
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6,
Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record
retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law.
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1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
(MEDICAL EYE SPECIALISTS – 21149)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
A TRACT OF LAND BEING LOT 1A OF MINOR SUBDIVISION NO. 221E
LOCATED IN THE SW ¼ OF SEC 26, T1S, R5E, PMM.
IN CONSIDERATION of receiving approval for Site Plan 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 one or more special districts or
special improvement districts for the design and engineering, construction and maintenance of following
improvements: lighting, paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk, storm
drainage facilities, and traffic signals for:
a) Street Improvements to North 27th Avenue including paving, curb/gutter, sidewalk, and
storm drainage.
b) Street Improvements to Catamount Street including paving, curb/gutter, sidewalk, and
storm drainage.
c) Street Improvements to East Valley Center Road including paving, curb/gutter, sidewalk,
and storm drainage.
d) Intersection Improvements to North 27th Avenue and Catamount Street
e) Intersection Improvements to East Valley Center Road and Catamount Street DRAFT
2
f) Intersection Improvements to North 27th Avenue and East Valley Center Road
g) Intersection Improvements to North 19th Avenue and East Valley Center Road
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructure plans and requirements. Further, the
Landowner waives its right or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
In the event a special district or special improvement district is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by the City on the
basis of the 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 __________________, 2020.
LANDOWNER
______________________________________________
NAME
By:
DRAFT
3
STATE OF MONTANA
COUNTY OF GALLATIN
On this ________ day of ____________________, 2021, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared_____________________________, known to me to be
the landowner that executed the within instrument, and acknowledged to me that they executed the
same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year) DRAFT