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HomeMy WebLinkAbout19040 Application MaterialsCANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Building L at Phase 3, Cannery District PUD Site Plan Application 221 E Oak Street Item 01 Item RC-01 Item RC-02 Item RC-03 Item RC-04 Item RC-05 Item RC-06 Item RC-07 Item 02 Item 03 Item 04 Item 05 Item 06 Item 07 Item 08 Item 09 Item 10 Item 11 Item 12 Item 13 Item 14 Item 15 Item 16 Item 17 Item 18 Site Plan Application & Forms RC - Revision and Correction Submittal Form RC - DRC Comments Narrative RC - Existing SID Waivers RC - Trip Generation Comment Response RC - Design Compliance Exhibit RC - Solid Waste Exhibit RC - Easement Exhibit #2 Project Narrative CONR Comments Narrative PUD Conditions of Approval Narrative Cash-In-Lieu of Water Rights Request Irrigation Water Wells Letter Application for Concurrent Construction Storm Water Management Permit Application Water Engineer’s Report Sewer Engineer’s Report Stormwater Report Traffi c Impact Study Cannery District Covenants CDRC Letter of Approval Backup Generator Exhibit Easement Exhibit Departures Narrative Drawing Package (Index on Cover) Development Review application (A1) Site Plan Required Materials (SP) Site Plan Checklist Form (SP1) Site Plan Checklist Narrative Noticing Materials Form (N1) Property Owner List Plans and Specifi cations Form (PLS) April 10, 2019 A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE PROJECT INFORMATION Project name: Project type(s): Description: Street address: Zip code: Zoning: Gross lot area: Block frontage: Number of buildings: Type and Number of dwellings: Non-residential building size(s): (in stories) Non-residential building height(s): Number of parking spaces: Afordable housing (Y/N): Cash in lieu of parkland (Y/N): VICINITY MAP CITY USE ONLY Submittal date: Application fle number: Planner: DRC required (Y/N): Revision Date: Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS DEVELOPMENT REVIEW APPLICATION 1. PROPERTY OWNER Name: Full address (with zip code): Phone: Email: 2. APPLICANT Name: Full address (with zip code): Phone: Email: 3. REPRESENTATIVE Name: Full address (with zip code): Phone: Email: 4. SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved fnal plan may result in delays of occupancy or costs to correct noncompliance. continued on next page Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 312 640 0505 1144 West Washington Blvd. Chicago, Illinois 60607 MEMORANDUM Project: Building L at Phase 3, Cannery District PUD To: City of Bozeman –Planning From: Brininstool + Lynch Date: 29 January 2019 Subject: N1 Noticing Materials Property Owners List Property Owners within 200 feet of Project Site: Cannery District Partners, LLC 113 E. Oak St., Suite 4a Bozeman, MT. 59715 Cannery District Property Owners Assoc. 113 E. Oak St., Suite 4a Bozeman, MT. 59715 Montana Avenue Partners, LLC 113 E. Oak St., Suite 4a Bozeman, MT. 59715 Northside Property Owners Assoc. 1006 W. Main St. Bozeman, MT. 59715-3219 Boise Airport Center LLC 113 E. Oak Street, STE 4A Bozeman, MT. 59715-2974 BLDGH Properties LLC 115 E. Oak Street Bozeman, MT. 59715-2992 State of Montana P.O. Box 201601 Helena, MT. 59620 PLS Plans and Specifications PLS Page 1 of 4 Revision Date 5-31-17 Required Forms: Applies to all applications Other Forms: None. PLANS AND SPECIFICATIONS INTRODUCTION In order for city staff to efficiently review your project in a timely manner, the application materials and the plan sets submitted must be clear, complete and thorough. This handout provides additional details for the application requirements outlined in the project checklists. If the requirements of this handout are met with your application it will minimize the delays that can occur when an application is unclear, incomplete or not formatted correctly. These requirements are mandatory. If the application materials do not meet these standards they will require correction, which will delay your project. GENERAL PLAN REQUIREMENTS 1. All plans and drawings must be accurately drawn, using a conventional scale such as 1:20 or 1:1/4, and with only one scale per sheet. Details may contain a separate scale if clearly labeled. 2. All text and annotations should be at a font size to enable it to be easily read – 10 point or more. Many plan sets require that 11” x 17” plan sizes be submitted. The text and annotations on plans that size must be readable when printed at that size. If plans are unreadable at the 11” x 17” size, they will not be accepted for review. 3. Plan sizes must meet minimum and maximum size requirements. No plans outside of the stated sizes will be accepted. 4. Plans/drawings must not contain disclaimers such as “Not to Scale” and “Do Not Scale.” (perspectives excepted) and drawings must be drawn true to the stated scale(s). 5. Plans must not contain disclaimers such as “Preliminary” and “Not for Construction.” 6. Provide all relevant measured dimensions annotated on the plans/drawings. For example label the dimensions of setbacks, encroachments, residential open space areas, parking spaces, drive accesses, drive aisles and sidewalks, etc. 7. Consistent detailing. All existing and proposed site plan elements (e.g. encroachments, residential open space, sidewalks, parking spaces, fire lanes, building foot prints, etc.) must be labeled (unless a legend is provided) and dimensioned (unless a detail is provided). 8. The clearest way to present proposals is to group “existing” and “proposed” drawings side by side, using the same scale for both. 9. Each sheet and/or drawing must have a title box with the drawing name, sheet number and date clearly visible in bold. If sheets are updated or revised a new date must be applied to the sheet. For example, the civil utility plans might be labeled: C2.0 Utilities 05-01-2017. This is important as this will also be the digital file name. See naming protocol below. 10. The use of a title sheet for all general information, project team, data, calculations (parking, parkland, open spaces, and table of contents is required. The title must appear in bold letters across the top of the cover sheet. If the site plan includes a conditional use include the words “and Conditional Use.” 11. If the project is part of an existing development the name of the existing development must appear in the title. For example, “Arbys at Bozeman Gateway” or “Building K at the Cannery District.” 12. The vicinity map with zoning must be on the cover page. 13. A table of contents or plan schedule for all sheets in the plan set must be included on the title sheet with a date for each sheet. If revisions are required, the title sheet must be updated to reflect all revised sheets with a new date. Plans and Specifications PLS Page 2 of 4 Revision Date 5-31-17 Required Forms: Applies to all applications Other Forms: None. 14. Fully annotated plans and drawings are more understandable, e.g. if a line is shown on the plan between two properties or other conditions such as easements, it must be annotated by adding descriptors to clarify the site condition. 15. A legend for all line types and symbols must be included on plan sets. 16. The plan sheets must not be overly congested with line types. When in doubt produce an extra sheet that separates the information. For example, produce a separate utility and easement sheet for utilities to clarify that information if the overall site plan contains too many lines and line types. 17. In general, the plan sheets are where most project information must be included. Separate cut sheets, exhibits, and summary tables on 8 1/2” by 11” will not be accepted. The only exception is for project narratives, property owners’ association documents, SID documents, easements, agreements, maintenance plans, water rights information, payback district information, contracts, deeds, weed plans, and standalone technical reports such as traffic studies, wetland reports, sewer and water reports, environmental, etc. PARKLAND TRACKING REQUIREMENTS 1. Parkland tracking on plans is required in 38.27.020 BMC. This only applies to projects with residential development or residential units. 2. Documentation of compliance with the parkland dedication requirements of Section 38.27.020 BMC must be provided with the final plat, preliminary plat layout (park site plan) or individual development site plan (if previously subdivided). A parkland dedication tracking table showing the parkland requirements for the overall subdivision and the method of meeting the parkland dedication shall be included on the site plan. The table shall explicitly state how much parkland acreage, cash-in-lieu, or value of improvements-in-lieu was approved and allocated, as well as what is being proposed, for each lot of the subdivision or site development. 3. If residential development, each phase, lot or individual site plan of the development must have a copy of the parkland dedication tracking table provided below included on the site plan. Contact the Parks Department if you have questions on how to fill out the table. 4. If improvements in lieu are proposed for an existing park within the subdivision, a detailed park improvement site plan, including layout and product manufacturer cut sheets with a cost estimate for all improvements must be provided for Parks Department review. The Parks Department will provide a comparison chart indicating the value of code-required basic improvements versus proposed improvements. 5. Unless previously provided, provide the appropriate waiver of protest for future park maintenance district statement on the plat or site plan. Contact the Parks Department if you are uncertain if a waiver has been granted. 6. The parkland dedication tracking table that must be included on plans is as follows. If you have questions on how to fill out this table contact the Parks Department. PUBLIC PARK LAND DEDICATION TRACKING TABLE CURRENT PREVIOUS PHASES SUBDIVISION NAME: _______________________ PROJECT NAME: ___________________________ TOTAL FOR SUBDIVISION THIS PROPOSAL PHASE / LOT ___________ PARK DED AC CIL &/OR IIL PHASE / LOT __________ PARK DED AC, CIL &/OR IIL PHASE/LOT* __________ PARK DED AC CIL &/OR IIL NUMBER OF RES. UNITS PER PHASE / LOT / SITE PLAN: ACREAGE PARK LAND AND / OR CIL REQUIRED: ** Plans and Specifications PLS Page 3 of 4 Revision Date 5-31-17 Required Forms: Applies to all applications Other Forms: None. COLOR AND MATERIAL PALETTE 1. Color and material palettes are required for all new buildings and structures. A color and material palette must include all the proposed exterior building materials for all structures and site details. 2. The exterior building materials must include all siding, trim, roofing, windows, stairways, doors, balconies, railings windows, storefront, glass/glazing, walls, mechanical screening, trash enclosures, accessory equipment enclosures (generator, etc.), awnings and other architectural elements. 3. For smaller less complex projects that are using readily known building materials, a color and material palette may be presented in color on an 11” x 17” sheet that includes a color picture of the material and the specification. Each material must be keyed to the building elevations. 4. For larger more complex projects the palette must be presented on a physical board with samples of the proposed building materials in their proposed color. Each sample must have a specification and be keyed to the building elevations. 5. Color perspectives that depict the building accurately and with the proposed building materials are encouraged to be submitted with each application. The color perspective does not satisfy the color and materials palette requirement. APPLICATION SETS 1. Application sets are independent sets of information that include one copy of all information submitted with the application. 2. Application sets that include legal documents, letters, technical reports, narratives, studies and other documentation in addition to plan sheets must include a copy of each item in each application set. All documentation of this type must have a visible and clear date of preparation on the front sheet of the document or study. 3. Three total sets of all information are required with most applications. Two of the sets must include full size plans, one set may include 11” x 17” plans. Full size plan set sizes must not exceed 24” x 36.” 4. Application sets must be bound and two hole punched at the top of the page. Three ring binders with three hole punch are not accepted. 5. If 11” x 17” plans are included, do not trifold them. Fold them in half, then fold the right half back on itself at a 45 degree angle in order to accommodate a two hole punch at the top. Plans must be accessible to be unfolded when bound in a two hole file. 6. Application sets should be organized and collated in the following general order 1) cover sheet/routing sheet 2) applications and checklists; 3) narratives/responses/photographs; 4) legal docs: CC&R’s, easements, deeds, agreements, CIL water rights, etc.; 5) plans; 6) appendices: standalone technical reports 7. Project narratives and responses must not be overwritten or provided on the application checklists. If responding to a checklist item provide a response on a separate document. VALUE OF IMPROVEMENTS IN LIEU PROPOSED: $___________________ VS. VALUE OF CODE-REQD. BASIC PARK IMPROVEMENTS: $___________________ (ATTACH COMPARISON CHART SPREADSHEET) ACREAGE PARK LAND PREVIOUSLY DEEDED TO COB: ACREAGE PARK LAND YET TO BE CONVEYED: PARK MASTER PLAN APPROVAL DATE: ______________ * INDICATE ADDITIONAL PHASES AS APPLICABLE **SHOW ACTUAL CALCULATIONS Plans and Specifications PLS Page 4 of 4 Revision Date 5-31-17 Required Forms: Applies to all applications Other Forms: None. 8. Plans must be grouped by discipline: Civil, Architectural, Landscape and Electrical/Lighting. 9. All plans must be stapled together and folded to a final size of 8 ½” x 11” or 8 ½” x 14”.If the plan set is large the plans must be stapled into sets by discipline and folded independently. State law requires us to keep a full size paper copy of all plans in our files. The plan sets must be folded so that they can be filed in the project archives. DIGITAL COPIES AND NAMING PROTOCOL The city requires digital copies of all planning applications in order to produce cost savings, eliminate paper waste and enhance the flow of information between the city, external agencies, neighborhoods and the applicant. The digital copy must include a copy of all documents and plan sheets submitted as part of the application. The following requirements apply to digital copies. 1. Two digital copies are required with most applications. The individual project type checklist will state the required number. The copies may be on CD or on a USB drive. 2. The digital copies must be separated into three categories: Documents, Plans and Appendices. 3. Naming protocol. Each individual document or plan sheet must have a proper name and date. The name should be easily understandable. Groups of plan sheets or document sets with multiple types of documents will not be accepted. Plan sheets must include the sheet number. For example a document might be labeled “A1 Development Review application 05-01-2017” or “City Parkland Deed 05-01-17.” Plan sheets are required to be listed individually. For example a plan sheet might be labeled “A300 Floor Plan levels 1 and 2 05-01-2017” or “PM Photometric Plan 05-01-17.” Do not include other tab, section or other references in the digital file names. 4. No individual files will be accepted that are larger than 5 mb. Files that are larger must be broken down into smaller files. 5. Label all CD’s with the project name and date. Attach a small tag to all USB drives with the project name and date. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net SP Site Plan Required Materials SP Page 1 of 1 Revision Date 10-05-18 Required Forms: A1, SP1, N1 Recommended Forms: Presentation of submitted plans and specifications SITE PLAN REQUIRED MATERIALS APPLICATION SETS 2 total sets of application documents that include a copy of each item listed below, bound or folded into 8½ x 11 or 8½ x 14 sets. Complete and signed development review application form A1. Plan sets that include all required items listed on the site plan checklist form SP1. If demolition, checklist items in form DEM Standard sizes and number of plan sets required: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2-digital versions of all materials (JPEG or PDF) on separate CD -ROMs or USB drives. Individual files must be provided at 5MB or less in size. **Files shall be named according to naming protocol (See PLS Form)** Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3 -ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. APPLICATION FEE Base fee $2,222 If includes dwellings add: $118 per dwelling unit If includes nonresidential uses add: $542 per 1000 square feet of nonresidential gross building area up to 30,000 square feet. $255 per 1000 square feet of non residential gross building area over initial 30,000 square feet unless proposed building is four or more stories. If the proposed building is four or more stories in height, use $102 per 1000 square feet of nonresidential gross building area over initial 30,000 square feet. If deviation add: $215 per deviation Application types and fees are cumulative. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net Resolution 4996 Exhibit A Fee Schedule for Planning Review Applications 1 Fee Schedule for Planning Review Applications January 8, 2019 Project application fee must include all relevant fees from the fee schedule. Please contact the Planning Division staff if you need assistance with fee estimation. The Department of Community Development will make the final, binding calculation of applicable fees for each application. Applicants will be responsible for any additional noticing costs required under Bozeman municipal code. Application Type Base Fee Scaled fee by project size Pre-Application Consultation - If these charges are incurred, the fees must be paid prior to final project approval. 1 Pre-application Consultation with City Planners $44 per hour after initial 2 hours Site Development 2 Master Site Plan $1,935 3 Site Plan $2,278 $118 per DU; Non Residential Space 0-30,000 SF - $542 per 1,000 ft2 Additional ft2- $255 per 1,000 ft2 Buildings with four or more stories- $102 per 1,000 ft2 after initial 30,000 ft2 - Subdivision Development 4 Subdivision Pre-Application (Step 1) $ 477 minor/ $911 major $42 per lot 5 Subdivision Preliminary Plat (Step 2) $1,935 minor/ $3,079 major; PLUS noticing fee of $6.50 per physically contiguous property owner $74 per lot 6 Subdivision Final Plat (Step 3) $1,713 minor/ $2,858 major $74 per lot 7 Subdivision Exemption $200 8 Condominium Review (Independent of site development process) $178 Planned Unit Development 9 PUD Concept Plan (Step 1) $1,486 10 PUD Preliminary Plan (Step 2) $1,708 $94 per DU; $292 per 1,000 ft2 of non-residential space 11 PUD Final Plan (Step 3) $1,486 $92 per DU; $292 per 1,000 ft2 of non-residential space Annexation 264 SP1 SITE PLAN CHECKLIST SITE PLAN REQUIREMENTS ALL INFORMATION AND ITEMS BELOW MUST BE ON SITE PLAN SHEETS AND NOT PRESENTED ON SEPARATE ATTACHMENTS EXCEPT 1, 47, 77, 78, 79, 82, 83 AND STORMWATER, SEWER, WATER AND WETLAND REPORTS, IF PROVIDED. GENERAL INFORMATION 1. Project narrative describing the project type, proposed use scope, size (dwellings, building size(s), building height(s), number of buildings, number of total parking spaces) intent, and phasing, if applicable. The narrative must include a response to the City’s conceptual review comments. 2. Name of project/development. 3. Name and mailing address of developer and owner. 4. Name and mailing address of engineer, architect, landscape architect, planner, etc. 5. Location of project/development by street address/legal description. 6. Location/vicinity map, including area within one-half mile of the site. 7. A construction route map showing how materials and heavy equipment will travel to and from the site. 8. Location, percentage of parcel(s) and total site, and square footage of the following: a. Existing and proposed buildings and structures. b. Driveway circulation and parking areas. c. Landscaped areas. d. Private open space, provide boundary/ies and dimensions of each space provided (if residential requirement) on plans or separate exhibit. Provide a summary total types of dwelling units and total open space required and provided. e. City Parks. f. Other public lands (school sites, public access greenway corridors, trail corridors). SITE PLAN GENERAL 9. Boundary line of property with dimensions. 10. Date of plan preparation and changes. 11. North point indicator. 12. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. 13. Parcel size(s) in gross acres and square feet. 14. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use. 15. Total number (with number of bedrooms), type and density per type of dwellings, and total new and gross residential density and density per residential parcel. The density per parcel must be presented as net residential density per Section 38.700.130 BMC. Site Plan Checklist SP1 Page 1 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) SITE PLAN CHECKLIST SITE PLAN DETAILS THE LOCATION, IDENTIFICATION AND DIMENSIONS OF THE FOLLOWING EXISTING AND PROPOSED DATA, ONSITE AND TO A DISTANCE OF 100 FEET (200 FEET FOR PUD’S) OUTSIDE THE SITE BOUNDARY, EXCLUSIVE OF PUBLIC RIGHTS-OF-WAY UNLESS OTHERWISE STATED. 16. Topographic contours at a minimum interval of 2 feet, or as determined by the Director. 17. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning Jurisdiction, within or near the development. 18. Existing zoning within 200 feet of the site. 19. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet. The full width of the street including curb, gutter, sidewalk, drive approaches, intersections and street lighting must be shown for both sides of the street. 20. Block frontages. 21. On site streets and rights-of-way. Including curb gutter, sidewalks, and street lights. 22. Ingress and egress points. 23. Traffic flow on site. 24. Traffic flow off site. 25. All parking facilities, including circulation aisles, access drives, covered and uncovered bicycle parking and bicycle rack type and detail, compact spaces, ADA accessible spaces and motorcycle parking, on-street parking (delineated by a 24’ long under interrupted space(s) directly adjacent to the project site outside of site vision triangles and hydrant locations), number of employee and non-employee parking spaces, existing and proposed, and total square footage of each. 26. Setbacks, building footprint and any proposed encroachments. Any setback or property line encroachments must be clearly shown and be noted with encroachment type e.g. awning, weather protection, cantilever, lighting, eave, etc. 27. Utilities and utility rights of way and easements existing and proposed, including: a. Electric. b. Natural Gas. c. Telephone, cable and similar utilities. d. Water. e. Sewer (sanitary, treated effluent and storm). 28. Surface water, including: a. Ponds, streams and irrigation ditches (include classifications be based upon a determination of the Gallatin Conservation District; note classification of each feature on plans). b. Watercourses, water bodies and wetlands (include classifications based upon a determination of the Gallatin Conservation District, Army Corps of Engineers, or Wetland Delineation Report; note classification of each feature on plans). c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be identified as lying within a 100 year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis. d. A floodplain analysis report in compliance with Article. 29. Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the Engineering Division, or in compliance with B.M.C. Section 14 storm drainage ordinance and best management practices manual adopted by the City. All surface stormwater facilities must demonstrate compliance with Section 38.410.080 BMC including providing cross sections for each facility. Site Plan Checklist SP1 Page 2 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) SITE PLAN CHECKLIST 30. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway (where appropriate). b. The downstream conditions (developed available drainageways, etc.). c. Any downstream restrictions. 31. Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features. 32. Sidewalks, walkways, driveways, crosswalks, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict. 33. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including signage and construction details and the applicant’s certification of ADA compliance. A certification block must be provided on the plan sheets. 34. Fences, walls, railings and handrails, including typical details. 35. Permanent trash enclosure and refuse collection areas, including typical details and elevations. 36. Construction management plan include exterior construction period material staging, spoils location and construction trash enclosure location(s). A trash container type must be provided and detailed (40 yard roll off, fenced enclosure, etc.). If spoils storage is proposed a timeline for removal must be provided. 37. Curb, asphalt section and drive approach construction details. 38. Location and extent of snow storage areas. 39. Location and extent of street vision triangles extended to center of right of way including adjacent street intersections and all alley and driveway access points. 40. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 inches, by species. 41. Historic, cultural and archaeological resources, describe and map any designated historic structures or districts, and archaeological or cultural sites. 42. Major public facilities, including schools, parks, shared use pathways, trails, etc. within a distance of 200 feet. PARKLAND AND AFFORDABLE HOUSING 43. If residential, provide the required parkland for the development, including calculations per Section 38.420 BMC (Park and Recreation Requirements) in a table format, see table format in the PLS document. 44. If cash in lieu is proposed, a thorough calculation including the base requirement and any net based upon maximum density, narrative addressing the findings the City must make to grant cash in lieu, and the appraisal must be provided to make the request per Section 38.420.030 BMC, unless using city valuation. 45. If parkland is proposed a park plan shall be submitted consistent with Section 38.220.060.A.16 BMC. 46. Source and amount of parkland credit to be used if previously provided. If from a subdivision confirm amount provided and detailed phase information as required in table format outlined in the PLS document. 47. Describe how the site plan will satisfy any requirements of Section 38.380, BMC (Affordable Housing) which have either been established for that lot(s) through the subdivision process or if no subdivision has previously occurred are applicable to a site plan. The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to the section’s compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. If affordable housing is not being provided place that statement on the site plan sheets with the site data in item 8. 48. If affordable housing is provided, or cash in lieu is proposed use form AH. Site Plan Checklist SP1 Page 3 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) SITE PLAN CHECKLIST Site Plan Checklist SP1 Page 4 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) LIGHTING DETAILS 49. Lighting plan and electrical site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. 50. A photometric lighting plan that contains a layout of all proposed fixtures by location and type and extends the photometric information to the property boundaries and rights of way. For fueling canopies a second photometric plan is required to specifically analyze the light output underneath the drip line of the fuel canopy. 51. Details for all proposed exterior fixtures that are keyed to the fixtures noted in the lighting electrical plan and the photometric lighting plan. The detail must demonstrate compliance with full cut-off requirements in Section 38.570 BMC and be located on the lighting plan sheets. BUILDING DESIGN AND SIGNAGE 52. Front, rear and side elevations of all buildings, structures, fences and walls with height dimensions and roof pitches. Show open stairways, exterior lighting, weather protection, awnings and other projections from exterior building walls. Building elevations must include proposed exterior building materials, windows and doors including a color and material palette for all proposed features keyed to the building elevations. 53. Provide transparency calculations for any elevation that faces a street and is a block frontage. Provide minimum and maximum height of transparency from grade. Provide area of transparency and percentage in relation to total facade. 54. Provide elevations and details of all ground mounted and rooftop mechanical screening. 55. Floorplans that include all floors and roof plan. Annotate/designate uses for all rooms and areas. Seating/serving area layout required for all restaurants. 56. Exterior signs if applicable. Include building frontage dimension(s) and maximum sign area calculation, provide sign dimensions and square footage of each. Note — The review of signs in conjunction with this application is only review for sign area compliance with Section 38.560 BMC (Signs). A sign permit must be obtained from the Building Division prior to erection of any and all signs, addition design guidelines apply for signs within zoning Overlay Districts. LANDSCAPE PLAN A SEPARATE LANDSCAPE PLAN SHALL BE SUBMITTED AS PART OF THE SITE PLAN APPLICATION UNLESS THE REQUIRED LANDSCAPE INFORMATION CAN BE INCLUDED IN A CLEAR AND UNCLUTTERED MANNER ON A SITE PLAN WITH A SCALE WHERE ONE INCH EQUALS 20 FEET. ALL INFORMATION MUST BE ON PLAN SHEETS. 57. Project name, street address, and lot and block description. 58. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan. Plan preparer shall be a state registered landscape architect; an individual with a degree in landscape design and two years of professional design experience in the state; or an individual with a degree in a related field (horticulture, botany, plant science, etc.) and at least five years of professional landscape design experience, of which two years have been in the state. 59. Location of existing boundary lines and dimensions of the lot. 60. Existing and proposed grade that complies with maximum allowable slope and grade. 61. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot. 62. Location of all pavement, curbs, sidewalks and gutters. SITE PLAN CHECKLIST Site Plan Checklist SP1 Page 5 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) 63. Show location of existing and/or proposed drainage facilities which are to be used for drainage control including proposed landscaping and seeding as required by Section 38.410.080.H BMC. 64. Location and extent of snow storage areas. 65. Location and extent of street vision triangles, extended to the center of right of way. 66. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing and identification of drought tolerant and/or native and adapted species. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated. 67. Size of planting at the time of installation and at maturity. 68. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces. 69. Street frontage landscaping, including boulevard details and tree grate details as applicable based upon block frontage. 70. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer zones demonstrating compliance with watercourse setback planting plan requirements per Section 38.410.100.A.2.F BMC unless previously provided during subdivision review. 71. Location, height and material of proposed landscape screening and fencing (with berms to be delineated by one foot contours). 72. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction. 73. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features. 74. A description of proposed watering methods including any use of high efficiency irrigation technologies and best practice, source of irrigation water and estimated amount of water consumption broken down by vegetation type (e.g. turf, shrubs, trees) and total estimated water consumption. 75. Areas to be irrigated and type of proposed irrigation and the irrigation system design plan. 76. Tabulation of performance points earned by the plan per Section 38.550.060 BMC. STREETS AND TRAFFIC 77. Traffic study. Street, traffic, and access information required in Section 38.220.060.A.12 BMC or that the requirement is waived in writing by the Engineering Division prior to application submittal. WATER AND WATER RIGHTS 78. Water rights information. If cash in lieu is proposed a cash in lieu of water rights calculation and payment amount certified by the Engineering Division. 79. If water wells are proposed, a letter from the Department of Natural Resources confirming their intent to issue a permit or exemption. DEVIATIONS 80. Either through the site plan requirement above or separate exhibit clearly show any proposed deviations related to site requirements such as yards/setbacks, lot coverage, parking or other applicable standards. 81. Either through the building elevation requirement above or separate exhibit clearly show any proposed deviations related to building construction such as height, second story additions, or other applicable standards. SITE PLAN CHECKLIST Site Plan Checklist SP1 Page 6 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) 82. For deviations in the Neighborhood Conservation Overlay a deviation narrative shall be provided stating which Section(s) of the Bozeman Municipal Code are proposed for deviation, to what extent and include a response to the following: a. How the modification is more historically appropriate for the building and site in question and the adjacent properties, as determined in Section 38.340.050 BMC than would be achieved under a literal enforcement of this chapter (Chapter 38, BMC); b. How the modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; and c. How the modifications will assure the protection of the public health, safety and general welfare. d. How the requested deviation will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community. If more than one deviation, a response to the criteria shall be provided for each deviation. DEPARTURES 83. For departures, a departure narrative must be provided stating which Section(s) of the Bozeman Municipal Code are proposed for departure, the scope and extent of the plan proposed for departure and a response to the required departure criteria. If more than one departure, a summary and response to the criteria must be provided for each departure. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406.582.2260 fax 406.582.2263 planning@bozeman.net www.bozeman.net 312 640 0505 1144 West Washington Blvd. Chicago, Illinois 60607 MEMORANDUM Project: Building L at Phase 3, Cannery District PUD To: City of Bozeman –Planning From: Brininstool + Lynch Date: 29 January 2019 Subject: SP1 Site Plan Checklist Narrative Please see below for narrative responses to SP1 SITE PLAN CHECKLIST General Information (SP1 Items 1-8) 1. See Project Narrative and CONR Comments Narrative 2. See Cover Sheet 3. See Project Team on Cover Sheet 4. See Project Team on Cover Sheet 5. See Property Information on Cover Sheet 6. See Cover Sheet 7. See Cover Sheet 8. See Cannery District Data, PUD Phase Data, Building L Data on Cover Sheet and Calculations on Open Space & ADA Calculations sheet Site Plan General (SP1 Items 9-15) 9. See Architectural Site Plan & Amended Subdivision Plat C-41-M 10. See Title Block on all drawings 11. North indicated at all plan drawings 12. See scale at all drawings 13. See Building L Data on Cover Sheet, Site Plan, and Amended Subdivision Plat C-41-M 14. See Cover Sheet 15. See Cover Sheet Site Plan Details (SP1 Items 16-42) 16. See Civil Grading Plan 17. See Cover Sheet 18. See Cover Sheet 19-25. See Architectural Site Plan and Civil Site Plan 26. See Architectural Site Plan and Civil Site Plan 27. See Civil Drawings 28. N/A 29. See Civil grading Plan 30. N/A 31. N/A 32. See Civil Drawings 33. See Civil Drawings 34-36. See Architectural Drawings 37-39. See Civil Drawings 40-42. N/A Building L at Phase 3, Cannery District PUD SP1 Checklist Narrative Parkland and Affordable Housing (SP1 Items 43-48) 43. See Cover Sheet 44. Using city valuation for cash in lieu, paid prior to Site Plan Approval. See Cover Sheet. 45. N/A 46. N/A 47. N/A 48. N/A Lighting Details (SP1 Items 57-76) 49-51. See Electrical Drawings Building Design and Signage (SP1 Items 52-56) 52. See Building Elevations 53. See Building Elevations 54. See Building Elevations 55. See Building Elevations 56. N/A Landscape Plan (SP1 Items 57-76) 57-76. See Landscape Plans Streets and Traffic (SP1 Item 77) 77. See Traffic Impact Study Water and Water Rights (SP1 Items 78-79) 78. See Cash In Lieu of Water Rights request 79. See letter from the DNRC provided for proposed irrigation water wells Deviations (SP1 Items 80-81) 49-51. N/A Departures (SP1 Item 83) 83. See Departures Narrative Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Project Narrative 02 312 640 0505 1144 West Washington Blvd. Chicago, Illinois 60607 MEMORANDUM Project: Building L at Phase 3, Cannery District PUD To: City of Bozeman –Community Development Department From: Mark Szostak, Brininstool + Lynch Date: 29 January 2019 Subject: Site Plan Application, Building and Site Narrative Project Narrative Overview Building L at Phase 3, Cannery District PUD is a new 60,966 sf 4-story (57’-0”) building with primarily residential and commercial occupancy. The building is designed as a contemporary interpretation of the agricultural typology that does not mimic the past yet is immediately familiar, enduring, and of its time. The design is sensitive to its contextual history and landscape, both natural and built, it follows the Cannery District PUD Design Guidelines, and it expresses itself as a sensible connection to its neighbors. By scaling the building down from the west to the east, the use of recognizable materials, and the evident utilitarian nature of the separate elements, the project aims to become a part of the Cannery District fabric, rather than a solitary individual. Building L will be the first and only residential building. This addition of 52 new living units will extend the use of the Cannery District beyond a place of daytime business and into a 24-hour community. All these considerations will improve the liveliness and walkability of the district, enhance the desirability of establishing new business, and promote the utilization of existing facilities within the Cannery District. Program The ground floor of the building contains approximately 14,813 sf of flexible commercial tenant space facing the Cannery Building to the west, the Rail Trail to the south, and Building M to the east. The primary commercial lobby and corridor entry is located at the south, facing the Rail Trail. The tenant space can be subdivided into a variety of layouts. An intimate residential entry is located on the north facade. The 52 residential units Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative above the commercial ground floor provide a range of living types; studio, one bed, and two bed. The entry sequence and fourth floor amenity provide all the comforts of home; bike garage, dog wash, package and ski storage, and panoramic views of the Bridger Range from either the indoor lounge or the occupiable roof deck. Materials The project uses materials which are found throughout the Cannery District and does not propose adding unfamiliar finishes. The primary exterior building materials are metal – corrugated, standing seam, and flat panel. The corner units have hung balconies wrapped in perforated metal for the railing. The ground level and amenity deck utilize an aluminum storefront system; the residential units have large fixed and operable windows, allowing plenty of natural light and ventilation into the living spaces. Exterior Building Materials and Finishes - Roofing: Membrane roofing with decking at amenity - Fenestration: Aluminum storefront at ground and amenity. Fixed and operable awning vinyl windows at residential units - Doors: Aluminum storefront at commercial entries, residential lobby, and amenity deck. Hollow metal doors at back of house/trash corridor and east stair exit. - Exterior Walls: Wood stud framing and sheathing with cavity insulation. Steel columns and bracing at locations indicated on plans, ground floor only. Metal siding and wood siding on exterior, gypsum board interior. - Balconies: Steel channel framing with wood deck, perforated metal guards. - Handrails & Guardrails: Painted steel - Concrete curb, see elevation Exterior Wall Finishes (See Material Board and Materials matrix in drawing set) - MS-1: Corrugated Metal Siding - MS-2: Flat Metal Siding - MS-3: Standing Seam Metal Siding - MR-1: Standing Seam Metal Roofing - WS-1: Wood Siding - Mechanical Louvers at residential units to match MS-2 color Zoning and Code The existing zoning is B-2, Community Business District. The Bozeman Municipal Code defines the intent of B-2 as a district which provides a range of mutually supportive retail and service functions with apartments as a secondary complementary use. The building is designed at a Type 5A construction per the 2012 IBC. The primary occupancies shall be R-2 Residential and B Business. The building shall be fully sprinklered. The project shall comply will all applicable codes as required by the City of Bozeman and State of Montana. Schedule Construction is proposed to begin in Spring 2019 with completion in Spring 2020. Please let us know of any obstacles that may delay this Site Plan Application. Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative Site Narrative Site Improvements & Phasing As planned the Cannery District PUD consists of 4 phases. To date Phases 1, 2, and 4 of the PUD have been developed. Phase 3 of the Cannery District will nearly complete the District’s site improvements. The only remaining Master Planned District improvements consist of sidewalk and open space improvements adjacent to future Building J (in Phase 2), and a potential parking lot expansion near Building O, if required (in Phase 4). Phase 3 site improvements will build upon site components installed in the adjacent Cannery District Phases 1 and 2. Additionally, Phase 3 improvements will complete the integration of the Northside PUD into the Cannery District with additional connections to Northside sidewalks. The Cannery District PUD Master Plan (Sheet MP) shows existing, proposed Phase 3, and future development within the District. The existing Cannery District plat is provided (Sheet C-41-M). Within Phase 3 there are two pad site lots L and M, for Building L and Building M, and the site improvements occupy Common Open Space Lot 3. The plat shows the property dimensions and areas. Due to the proximity between Buildings L and M, site improvements cannot be phased per building, and each building needs full completion of the common space site improvements. Though the buildings may be completed and occupied separately, it is anticipated that common site improvements will be complete by the time the first building (Building M) is ready for occupation. This is similar to Phase 2 of the Cannery District, where the common site improvements supporting future Building J were constructed with the first building in the phase (Building K). Phase 3 site improvements consisting of utilities, parking, and sidewalks as shown on the Civil plans will be completed with Building M. For review information, the Phase 3 Site Plan Sheets that were submitted with the Building M Site Plan application are also provided with this submittal. Additionally, minor changes to the site plan required for Building L are shown on a new plan sheet C1.0 MOD, submitted with this set. The only changes to the previously submitted site plan sheets are: Minor sidewalk changes at the Building L entrances which have been more thoroughly developed with this application. Removal of covered parking at the reserved residential parking spaces. This is no longer proposed with Phase 3. Changing the designation of 11 parking spaces from common parking to reserved residential parking spaces, bringing the total reserved residential parking spaces to 52 (1 per unit). The changes to the site are very minor and do not significantly change previously submitted plans. It is anticipated that these changes will be incorporated into the Phase 3 Site Plan, either through a future Revision and Correction submittal with Building M, or a formal Site Plan Modification if necessary. Parking Demands The Cannery District PUD utilizes shared parking throughout the District. This enables complementary (non-overlapping) uses to share the same common parking spaces. Site improvements in Phase 3 will complete the parking lot construction within the Cannery District, providing a total of 503 parking spaces. As the Cannery District has been Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative developed, parking has been monitored to ensure that adequate parking is available to tenants and visitors. As mixed uses increase in the District, space sharing has become more apparent and is consistent with previous analyses. Also emerging is internal “capture” of parking demand, where visitors park once and go to multiple tenants. These strategies allow for the parking efficiency to be maximized and “right-sized” to avoid building un-needed empty parking spaces. The Cannery District PUD Design Manual requires the District wide parking demands to be updated with each phase of development or change in use within the District. The District wide parking analysis are shown on Plan sheet P-1 Parking Calculation Table, which has been updated with the Building L site plan application. The parking analysis shows up-to-date current uses for the District, the individual parking requirements, and the estimated peak hourly parking demand. This analysis does not account for internal capture which is becoming more prevalent, so actual space occupation should be lower than analyzed. The predominant parking demand is daytime commercial uses, so opportunities for sharing are limited. However, there are some early morning and evening uses that can utilize vacated daytime parking spaces. The analysis shows that the sum of the individual parking demands for the District 650 spaces. With sharing, the peak hourly demand is 503 spaces, or about a 25% reduction in parking demand. In other words, about 25% of the parking spaces benefit multiple users. Building L in Phase 3 includes a proposed new residential use, which is typically an overnight and weekend parking demand and complements the predominant daytime parking demand. It is anticipated that a portion of the residents will work at the Cannery District, further reducing overall parking demand. Residential parking for Building L has been provided in accordance with City requirements. Based on the proposed unit distribution between studio, 1-bedroom, and 2-bedroom apartments, the total residential parking demand is 81.5 spaces. Market demands require one reserved residential space per unit (52), so residents will have a guaranteed daytime parking space near the building. The additional parking demands (29.5) are added to the common parking demand. Signage will distinguish any reserved spaces from common spaces. In the original parking analysis provided with the Phase 3 Site plan, only 41 reserved residential parking spaces were anticipated. The parking analysis (Sheet P-1) has been updated to show 52 reserved residential parking spaces. In the parking analysis the reserved spaces are shown as 100% occupied, to denote that they are not available in the common parking pool. Residential parking beyond these reserved spaces is available in the common shared parking and given a typical residential hourly distribution. This updated analysis shows that the Cannery District overall peak hourly parking demand is 503 spaces, equal to the total spaces available. Comparison of the Phase 3 parking analysis to the original PUD parking analysis shows that overall individual parking demands have increased, but complementary tenant use has increased the sharing component beyond original expectations, so overall peak parking demand has only slightly increased. The estimated peak hour parking demand of 503 spaces is met by the 503 spaces available after the completion of Phase 3. Parkland Building L in Phase 3 includes 52 residential apartments on 19,218 SF or 0.44 acres. Adjusting to the parkland cap of 12 dwelling units per acre, this equates to 6,900 SF of parkland which is proposed to be addressed through the cash-in-lieu (CIL) program since there are no qualifying on-site park areas. See the following calculation: Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative 12 units per acre x 0.44 acres = 5.28 units x 0.03 acres per dwelling unit = 0.1584 acres of required parkland = 6900 square feet of required parkland. The required Parkland Tracking Table is shown on the Building L Cover sheet A.000. The application is proposing to use the City’s parkland valuation for determination of the cash-in-lieu payment. The CIL payment will be provided prior to Building L Site Plan Approval. Open Space The Cannery District PUD utilizes additional open space to obtain required performance points. To date the open space improvements have followed the PUD plan and Phase 3 will continue to conform to the PUD plan. In accordance with the PUD plan, Phase 3 will provide 17,464 sf of improved common open space. The open space is centrally located along the Rail Trail, the key common element linking the Cannery District buildings together. 15,930 sf of this open space will be used for PUD performance points, and 1,534 sf of this open space will be used for residential open space for Building L. The location and areas of the open space are included with the Drawings on the Open Space Plan Diagram, Sheet OS. The PUD performance points have been updated for Phase 3 as shown below. Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative Trash Storage Occupation of previous buildings within the Cannery District has allowed evaluation of solid waste (trash and recycling) generation. It has become apparent that previous phases dramatically over estimated the trash storage requirements, and waste generation is much less than anticipated. There are sufficient trash enclosures within close proximity to Buildings L and M to accommodate the trash storage for nonresidential users. For the residential component of Building L, trash storage is proposed indoors, only requiring a loading zone north of the building for pickup. The location of the existing trash enclosures and loading zone are shown on the plans. Traffic Impact Study A Traffic Impact Study (TIS) was conducted for the Cannery District PUD. Previous phase building uses and traffic mitigation has been in accordance with the TIS, and the widening of Oak Street was recently completed. Phase 3 is proposing replacing a 2-story office building (Building L) with a mixed-use building having 52 small residential units above ground floor commercial. Building M is in conformance with the PUD plan. While the proposed volume of Building L is greater, the residential component generates similar traffic as the displaced 2nd floor commercial uses. The original Traffic Impact Study and an updated trip generation table is provided with this site plan application. The updated trip generation table shows less than 1% net change in trip generation. This change is insignificant with regards to the trip generation and overall traffic impacts evaluated with the original Cannery District TIS. Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 CONR Comments Narrative 03   Responses to Applicant Questions:   1) Setbacks – The PUD relaxations outlined in Condition of Approval 3 include the reduction of setbacks to zero (except along Oak). Staff agrees with the proposed setbacks. Acknowledged, no change required.   2) Block Frontage – Staff agrees that no UDC block frontage requirements are applicable to Building L. Acknowledged, no change required.   3) Unit Distribution ‐ Please see Bob Risk’s comment #2 below. See applicant responses in Building Division section below 4) Open Space ‐ Staff agrees that this proposal is appropriate given the overall PUD layout and surplus of PUD points earned. ‐ Please updated the PUD Performance Points table to remove the area to be used for residential open space from the Phase 3 Open Space table. ‐ The shared open space must meet all requirements of Sec. 38.520.060.B.2. and deems the “development” to mean the entire PUD as used in special requirement “a.” of the aforementioned code reference.   Advisory comment: Staff recommends that the design of this area be focused on active types of recreation such as sports courts or children’s play structures in order to engage a broader range of users. PUD Performance Points have been updated. See updated PUD Performance Points Table, included in the Project Narrative. Shared open space meets the requirements listed above.     Planning Division Contact; Addi Jadin; ajadin@bozeman.net; 406‐582‐2261 1. A Site Plan application is required meeting the plan review criteria of (38.230.100.A.) and the Cannery District PUD Design Guidelines. A Site Plan application has been provided with this narrative response, meeting the criteria and guidelines listed above. 2. Applicants shall address and submit a narrative response to all Conceptual Review comments along with the future Site Plan application. This narrative response addressing Conceptual Review comments has been provided with Site Plan Application submittal. 3. Future uses may require a Special Use Permit for sales of alcohol for on‐premises consumption. Acknowledged 4. This building meets one or more thresholds of the Design Review Board. See specific replies below 5. Cash‐in‐lieu of parkland will be reviewed by the Recreation and Parks Advisory Board upon submittal of the formal application. See Cover Sheet for Public Park Land Dedication Tracking Table 6. In order to accommodate the reliance of Buildings L and M on the shared parking elements and overall site improvements, it is recommended that the parking lot and other elements be submitted as a separate Site Plan to be built out by the time of occupancy request for the first building. Building M will precede Building L, therefore the parking lot and other elements are included as part of the Building M Site Plan. Elements such as exterior building lighting associated with Building L will be submitted as a Modification to the site plan in conjunction with Building L’s Site Plan application. 7. Building L meets the height maximum for buildings with less than 3:12 roof pitch with allowed 50% increase for regional commercial and services growth policy land use designation (57 feet allowed; 57 proposed).   Acknowledged 8. A trash receptacle is required to be shown on the Site Plan.  Building L residential trash and recycling are stored inside the building – See Ground Floor Plan. For Commercial waste, the location of existing trash enclosures are shown on the plans. Please reference Trash Storage section in Document 02 – Building and Site Narrative. 9. Site plan elements such as sidewalk widths, parking lot design, landscaping and pedestrian connectivity are approved via the PUD Master Plan. The buildings must, however, meet all applicable Article 5 building design requirements where no specific relaxations are granted, including but not limited to the following: ‐ 38.520.060. Residential open space Open Space is addressed and approved in question #4 above – See Open Space Calculations in drawing set ‐ 38.520.070. Location and design of service areas and mechanical equipment Utility meters are located on the east facade of the building. The east facade of the building faces an alleyway and is the least prominent of the four elevations. Building L utility meters are coordinated with adjacent Building M utility meters. Mechanical equipment located on the 4th floor roof is screened by a high parapet wall and will not be visible from the street. No mechanical equipment is located on the ground exterior or the second-floor deck and roof. See Plans and Elevations. ‐ 38.530.040. Building massing and articulation (please note departures may be appropriate given the context) Building massing and articulation is based on the Bozeman UDC and the Cannery District Design Guidelines with the intent of fitting in to the existing context. Building massing and articulation has been approved by the Cannery District Review Committee (CDRC). See Document 14 – CDRC Letter of Approval. See Plans/Elevations and included Departure Narrative for east facade Departure from Section 38.520.030.C ‐ 38.530.070. Blank wall treatment Exterior facade has been revised and is in compliance with 38.530.070 - See Elevations. 10. The following PUD Part 2 Design Guidelines are not considered to be met with the current proposal: ‐ Section 4.01.a.2. Staff does not find the building form to be primarily horizontal. Horizontality of building forms may be enhanced through the use of materials, weather protection, etc. ‐ Section 4.01.b. The initial PUD indicated that building L would be a 2‐story building with maximum height of 44 feet. The intent of this section is that new buildings do not compete with the four‐story portion of the Cannery Building in mass, scale and height. With the new proposed height and building form, further elements to differentiate from the Cannery Building are necessary. The goal of this project was to design a building that is quiet, contextual, and straightforward. It is meant to be a part of the fabric of the district, not a standout. To fit 52 residential units into a four- story building inherently creates a large footprint. To break down and soften the overall scale we divided the project into two compatible buildings – an east and west wing with a common core connecting the two. The horizontal nature of the building is evident in many regards, from the general massing down to the details. The overall project is clearly wider than it is tall. The proportions of the individual wings and the connecting core are all wider than they are tall as well. At the ground floor, the horizontal wood siding, in addition to the header element above the storefront, define directionality and the commercial area while providing a variety of human-scale elements. Building entries are recessed and the Rail Trail and west facade have projecting canopies to provide weather protection and further define horizontality at the ground level. The residential floors have a rhythm of punched openings and balconies that express the floor slabs. The roof line of the west wing points up in homage to the Cannery Building. In response, the east wing slopes down to soften the transition from the taller buildings at the west of the district down to the shorter buildings to the east. After several rounds of design iterations, the design team, client, and the Cannery District Design Review Board feel the proposed project is appropriate, complementary, and contextually sensitive. ‐ Section 4.02.b.6. Any building or tenant space within a building facing the Rail Trail shall have a primary entrance on the Rail Trail façade. Future tenant spaces 2 and 5 do not have a door facing the Rail Trail. Per the Design Guidelines and the suggestions of The Cannery District Partners, we have revised the south facade. The primary entries to the building are to be from the Rail Trail. There are multiple options: tenants may share a public vestibule and corridor, the storefront system along the south facade allows for future entry doors, as required by the tenant – See Plans and Elevations. Future tenants may locate their office/retail space entry from the Rail Trail or from the common corridor, providing a variety of flexible options for tenants. The common corridor approach has been employed successfully at the Cannery Building, The Canning Warehouse, and The Water Tower Building.     Advisory Comments: 1. Per the terms of the annexation agreement, no building permit will be issued prior to annexation. Acknowledged Engineering Division; Anna Russell, Engineer II, arussell@bozeman.net 1. The Trip Generation Memo and attached Table 2 do not provide enough detail to show the difference in trips generated between the original and proposed building uses. The table doesn’t appear to include the trips generated from the original Phase 3 to allow a comparison. In addition, the Engineer must include the original report in its entirety with relevant sections highlighted as an appendix to the Trip Generation Memo and Table 2. See attached Traffic Impact Study   2. BMC (Bozeman Municipal Code) Sec 40.03.960 ‐ If any food preparation tenants are anticipated in the building, a grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code must be installed with any development responsible for food preparation. Acknowledged   3. BMC 38.270.030.C.1.c ‐ The proposed timeline for Building L will require the applicant to apply for and receive concurrent construction for water infrastructure associated with Phase 3 improvements. The applicant has, in conjunction with this application, applied for concurrent construction for water infrastructure associated with Phase 3 improvements. Please see included applicant letter.   4. The applicant must show the trash loading zone location for building L described in the Project Narrative on the plans. See Site Plan and Ground Floor Plan   5. The applicant must contact the City of Bozeman Engineering Department (Brian Heaston) for an analysis of cash‐in‐lieu of water rights. The transfer of water rights or the payment of cash‐in‐lieu of water rights shall be provided in accordance to Unified Development Code (UDC) Section 38.410.130, prior to site plan approval. A copy of the request for Cash In Lieu of Water Rights fee amount has been included in this application.      Advisory Comments   6. BMC Sec 38.270.030.B.2 ‐ The applicant is advised that the sidewalk along Oak adjacent to Building J must be installed within 3 years of final subdivision. The sidewalk mentioned above was completed prior to this submittal.   7. The applicant must submit an estimate for peak‐hour and average daily sewer flow generated by the project. The applicant is encouraged to contact the engineering department (Anna Russell) with this estimate prior to submitting a site plan application to verify the sewer requirements. The application includes a Sewer Engineer’s Report which provides estimated peak hour sewer flow for the entire Cannery District.   8. Adequate snow storage must be indicated on the Site Plan prior to approval. Snow storage located behind parking stalls in a development that provides only the minimum required parking will not be considered sufficient. Snow storage locations with Phase 3 are shown on the Civil Site Plan. Additionally, the main snow storage for the District is the large stormwater retention basin in Phase 1, to the northwest of Phase 3.   9. Prior to Site Plan approval, the applicant must demonstrate the stormwater detention or retention system and associated drainage paths for the PUD were designed to accommodate flows from the proposed project. The application includes an updated Engineer’s Stormwater Report showing that the proposed and existing stormwater retention systems exceed minimum requirements.   10. Any applicable conditions of approval from the Cannery District Planned Unit Development Final approval must be addressed with the Site Plan application. PUD Conditions of Approval narrative is included with this application.   11. The Montana Post‐Construction Storm Water BMP Design Guidance Manual (Manual) outlines environmental, design, construction, and maintenance considerations related to infiltration basins. The Manual is available at www.bozeman.net/stormwater. At a minimum, the Division recommends that the Engineer consider the following:   a. Contributing Drainage Area b. Soil Characteristics c. Depth to Groundwater d. Site Topography e. Land Use and Considerations of Surrounding Area f. Community and Environmental Considerations g. Design Components: • Infiltration Cell Volume • Inlet and Conveyance • Pretreatment Forebay • Infiltration Cell Shape • Infiltration Cell Bottom • Outlet Structure (Optional) • Embankment and Overflow Spillway • Maintenance Access • Flood Control • Vegetation The Engineer’s Stormwater Report addresses these items. 12. If not already filed for the subject site, the applicant will need to provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:   a. Street improvements to E Oak Street (between N 7th Avenue and N Rouse Avenue) including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to N Rouse Avenue including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements for E Oak Street and N Rouse Avenue d. Intersection improvements for Oak Street and N 7th Avenue   The document filed must specify that 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, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to site plan approval. SID waivers are in progress and filed waivers will be provided prior to site plan approval.   13. The applicant must prepare plans and specifications for any fire service line in accordance with the City’s Fire Service Line Policy. The plans must be prepared by a Professional Engineer and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant must also provide Professional Engineering services for construction inspection, post‐ construction certification and preparation of mylar record drawings. Fire service plans,and domestic services 4” or larger, must be a standalone submittal, separate from the site plan submittal. City of Bozeman applications for service must be completed by the applicant.  Acknowledged   Building Division; Bob Risk brisk@bozeman.net 406‐582‐2377 1. A backup generator for the elevator is required in 4‐story buildings. The Site Plan must include its location and proper screening required in 38.520.070 A backup generator is not required for this project, per Bob Risk. See attached Backup Generator Exhibit 2. The code requires that 2% or at least one unit of all the R2 units on a site be A units. A total of all the R2 units on a site are what determines the number of A units… not the number of unit types. In this case, only one A unit is required and applicants can choose which unit type will be an A unit. Our recommendation would be to place that single A unit near the elevator to make it as accessible and convenient as possible. All of the other units must be adaptable B units. Acknowledged – See Open Space & ADA Calculations drawing sheet 3. Balconies may not project beyond the property boundary. Lot aggregation or boundary adjustment would be required under this design. The Cannery District Property Owners Association (owners of Common Open Space Lot 3) and the Cannery District Partners, LLC (owners of Pad Site Lot L) are proposing an easement to permit the construction of Building L in its current configuration, in regard to balcony and foundation encroachments. Please see the Easement Exhibit included with this Site Plan application. The parties propose to execute a binding easement agreement in the form attached hereto prior to Site Plan approval.     Solid Waste Division; Russ Ward, rward@bozeman.net 1. Need to identify location of refuse enclosure. Location of existing shared refuse enclosure for Commercial Tenants included in Drawing Set. 2. Need detailed plan of refuse enclosure. Refuse enclosure is an existing structure. Existing photos have been included for reference.   The following departments or divisions did not provide specific comments and may be contacted directly with any questions: Water Conservation; Jessica Ahlstrom jahlstrom@bozeman.net 406‐582‐2265 Stormwater Division; Kyle Mehrens jkmehrens@bozeman.net 406‐582‐2270 Fire Department; Trisha Wolford twolford@bozeman.net 406‐582‐2353 Water and Sewer Division; John Alston jalston@bozeman.net 406‐582‐3200 Forestry Division; City Forester; anordquist@bozeman.net 406‐582‐3205 Northwestern Energy; Cammy Dooley, cammy.dooley@northwestern.com   General Comments: 1. The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. Future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. An estimate can be supplied through our office. Contact Chris Saunders, Planning and Policy Manger, at 406‐582‐2267 for further information. This requirement is paid at building permit issuance.   2. The City of Bozeman requires a payment for cash in lieu of water rights for further development of property where cash in lieu has not been paid. As the property has previously been subdivided there may or may not be outstanding requirements for this location. The City will recognize any previously provided water rights or cash‐in‐lieu for this property as applying towards future development of this site. Contact Brian Heaston, Engineer at 406‐582‐2280 for further information. This requirement is paid at plan review with a formal application. An estimate of required fees and payment is required with plan application submittal.     Note: The comments and advice contained in this DRC and Staff letter are intended to assist the applicant in preparing the development application based on the limited information submitted as part of the informal plan submittal. However, further comments and/or recommendations on matters not discussed during the conceptual plan review may arise based on the information and supplemental data provided with the formal application and applicable comments provided by local and state agencies. Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 PUD Conditions of Approval Narrative 04   312 640 0505 1144 West Washington Blvd. Chicago, Illinois 60607  MEMORANDUM Project: Building L at Phase 3, Cannery District PUD To: City of Bozeman –Community Development Department From: Mark Szostak, Brininstool + Lynch Date: 29 January 2019 Subject: Site Plan Application, PUD Conditions of Approval Narrative       The following is a list of conditions and noted code provisions from The Cannery District Planned Unit Development Preliminary Approval. Responses to applicable conditions are in bold text. Conditions that do not apply or were addressed in previous phases are indicated with grey text.       Item: Condition: Response:   1 The applicant is advised that the 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. Acknowledged by owner and applicant.   2 The proposed covenants shall include a section which clearly indicates those portions of the covenants which were relied upon for the approval of the PUD. This section shall restrict those portions from alteration without written approval of the City of Bozeman. Previously addressed in existing Covenants.   3a-b The requested relaxations to the following sections are granted as proposed in the application materials and shall be reflected in the final PUD plan, design guidelines, and associated documents as approved.   a) 38.10.040 Commercial Lot area and Width-to reduce lot area and width to allow lots configured as building pads.   b) 38.10.050 Commercial Yard Setbacks-to The relaxations have been added to the Final PUD Design Guidelines; see Section 1.03 – PUD information. Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative reduce setbacks to zero to allow building pads to accommodate the building foundation only and to reduce the front yard setback requirement along Oak Street from 25 feet to 10 feet.   3c-k c) 38.17.060 Entryway Corridor Overlay Setbacks-to reduce the corridor overlay setbacks from 25 feet to 10 feet.   d) 38.24.090 Lot Frontage (38.23.030)-to allow some lots to not front on the public or private street or alley with greenway corridor.   e) 38.24.090-3 Access Space Requirements-to allow the distance between accesses along an arterial street to be reduced below code requirements.   f) 38.25.040 Parking Space Requirements- to allow an overall 15% reduction to the parking space requirements.   g) 38.26.050 Unbroken Rows of Parking-to allow for longer rows of parking spaces unbroken by interior landscape islands.   h) 38.28.070 Wayfinding Signage-to allow wayfinding signs for a district less than 30 acres.   i) 38.10.020 Residential Use on the Ground Floor-to allow residential uses on the ground floor in the B-2 zoning district.   j) 38.28.060 Building Frontage as applied in sign area calculations-to allow designated/fixed sign square footage for lots that do not have building frontage on a street.   k) 38.10.060.A.2 Building Height-to allow Building E on site a maximum height of 59 feet exceeding the maximum height allowed in this location by 2 feet. The relaxations have been added to the Final PUD Design Guidelines; see Section 1.03 – PUD information. Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative 4 No property may be removed from the covenants once established without written approval from the City of Bozeman. Previously addressed in existing Covenants.   5 All portions of Tracts 1, 2 and 3A of COS 2128B, Tract on COS 2548 and Portions of Block 2 of Imes Addition (Plat C-41) north of Oak Street shall be aggregated and/or the common boundaries of said lots shall be reconfigured through the applicable subdivision review process to accommodate the project prior to subsequent final site plan approval for any individual phase. Previously addressed with Amended Plat C-41M   6 Utility easements shall be provided for as shown on sheet C6.0 either through individual recordable documents or through the subdivision exemption review process prior to final site plan approval for any individual phase. Previously addressed with Amended Plat C-41M   7 A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Cannery District are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Cannery District and are in place of the general development standards of the city of Bozeman Zoning. If a development standard is not specifically established in the approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Cannery District Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any building or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. Addressed with Final PUD documents Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative 8 The City of Bozeman has relied upon the overall design standards proposed as part of the planned unit development application in Part 2 Design Guidelines. The design standards may not be altered without consent of the City. This restriction shall be included in Section 9 of the covenants. Previously addressed in existing Covenants.   9 The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plan, sheet, note, detail, guideline, covenant, etc. in the submittal. Addressed with Final PUD documents   10 The proposed design guidelines shall include a section on how a ground floor residential component shall be designed to transition from public to private space. Addressed with Final PUD documents   11 A cast iron tree grate design shall be selected for the entire development and a detail of that shall be included in the design guidelines. Addressed with Final PUD documents   12 Scored concrete crosswalks the width of the adjacent pedestrian walkways shall be provided across all drive accesses and driveways where there is a pedestrian crossing. This detail shall be shown on the overall master plan and included in the design guidelines. Addressed with Final PUD documents   13 The rail trail shall be terminated on the east side of the site at North Rouse Avenue on the south side of E Lane in lieu of the standard sidewalk shown on the master plan. The Final PUD Masterplan addresses termination of the rail trail.   14 The final lot configuration will not be clear until future applications are complete. The applicant will need to provide mutual access easements across all drive accesses and walkways as necessary to allow vehicular, pedestrian, and Previously addressed with Amended Plat C-41M and existing covenants Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative bike traffic across the project. Additionally, drainage course easements shall be provided as necessary for all drainage courses and stormwater facilities to allow all property owners access to facilities for maintenance. Alternatively, accesses and stormwater facilities may be placed in a common lot allowing access to all users in the property owners’ association.   15 The proposed 10-inch sewer main in the northeast part of the project will be constructed during Phase 1. However, other Phase 3 improvements will not be constructed during Phase 1. A minimum 12-foot wide, temporary all-weather surface must be located over the sewer main until the Phase 3, F Lane is constructed. Previously addressed with Cannery District Phase 2 development   16 The proposed utility easements do not appear to include the fire hydrants. The utility easements must be placed around the fire hydrants. Previously addressed with Final PUD   17 The applicant should be advised that the latest update to the City of Bozeman Wastewater Collection Facilities Plan Update (June 2015) identified two downstream sewer mains, known as the North Frontage Road Bottleneck, that are approaching capacity. Timing for the project phasing 2-4 may be impacted if that sewer main capacity is reached, due to the current growth rate in the City, prior to approval of phases 2-4 and upgrades to the mains have not yet been completed. Acknowledged   18 The traffic impact study for the project identified the need for two left-hand turn lanes associated with the accesses off Oak Street. The City is in the preliminary design process to construct improvements to Oak Street. The turn lanes must be coordinated with the City’s design. However, that portion of Oak Street may not be reconstructed within the timeframe of the proposed project. If Phase 2 of the proposed project is constructed prior to completion of the City project, the left-hand turn lanes must be Oak Street widening and turn lanes was completed in 2018 Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative constructed by the applicant or cash equivalent funding be provided to the City. The cost of incorporating the turn lanes will be the responsibility of the cannery District developer. Timing for construction of the City’s Oak Street project at this location is currently not defined.   19 The traffic impact study for the project identified the need for a left-hand turn lane for the existing Cannery Access off Rouse Avenue. The Montana Department of Transportation (MDT) is planning upgrades to that section of Rouse Avenue. The proposed turn lane must be coordinated with MDT by the applicant. MDT was contacted prior to the Rouse Avenue upgrades. MDT concluded that the left turn lane on Rouse Avenue was not warranted and did not include it with the Rouse Avenue upgrades.   20 A mid-block crossing of Oak Street will likely be constructed in the future at the intersection with the D Lane access and the proposed fairgrounds access for safe pedestrian crossing. Conduit should be placed as necessary for a future signal at that crossing. A mid-block crossing was constructed with the Oak Street widening in 2018   21 The applicant must submit an application to vacate N. Montana Avenue right-of-way (ROW) and the former Oak Street ROW that intersects N. Montana Avenue and E. Oak Street. The streets must be vacated prior to Phase 2 FSP approvals. N. Montana Avenue was vacated prior to the Phase 2 plan approval   22 Section 38.23.180 of the BMC requires provision for water rights or cash in lieu thereof. This provision shall be satisfied prior to FSP approvals for individual site plans. The Annexation District Agreement for Cannery District Property defined that water service has historically been provided for Phase 1 and as such does not require provision for water rights or cash in lieu thereof. However, the Agreement requires provision for water rights or cash in lieu thereof for Phases 2, 3 and 4. This shall be demonstrated prior to individual, FSP approval for each phase. Request of Cash-in-lieu of water rights calculation is included with submittal. Final payment will be made prior to plan approval.   23 The geotechnical report for the project identified the need for corrosion protection due Acknowledged. Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative to highly corrosive soils for all metal piping including mains and services. The civil engineer for the project must define the required corrosion protection prior to FSP approvals of individual site plans.   24 The geotechnical report for the project identified the need to increase the depth of crushed rock under the sidewalks due to the soil conditions of the site. The subgrade for public sidewalks shall be constructed per the recommendations in the geotechnical report. Acknowledged. Subgrade at public sidewalks will be constructed per geotechnical report recommendations.            A Section 38.23.150.D.7.e BMC requires that all outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto commercial properties and public right-of-way. The photometric plan submitted does not comply with this standard. Previously addressed with Final PUD   B Plans and specifications for any water, sewer and/or storm sewer main extension and Public Streets (including curb/gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall provide Professional Engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. Acknowledged Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative C Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.39.030.D of the Bozeman Municipal Code (BMC) are met to allow for concurrent construction. Acknowledged   D All construction activities shall comply with Section 38.39.020.A.2 of the BMC. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure that any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. Acknowledged   E The Gallatin County Conservation District, Montana Department of Environmental Quality, and the U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to final site plan (FSP) approvals. Previously addressed with Final PUD         F Plans and specifications for any fire service line must be prepared in accordance with the City’s Fire Service Line Policy by a Professional Engineer and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Fire service plans (and domestic services 4” or larger) shall be a standalone submittal, separate from the FSP. Fire services shall be shown, with sizes labeled, on the FSP from main to building and approved by the Acknowledged Building L at Phase 3, Cannery District PUD Site Plan Application, Building and Site Narrative Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant.   G Proposed water/sewer mains, services and hydrants shall be a minimum horizontal separation of 10’ to landscape trees. Acknowledged Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Cash-In-Lieu of Water Rights Request 05 Use Use Area Residential  Unit Water Demand Unit Water Demand sq. ft.Units gal/yr/1,000 sq. ft. AF/residential unit gal/yr AF/yr Apartment Units (levels 2 ‐ 4)‐‐52 ‐‐0.124 2,101,087      6.45 Office Space (ground level)17,728                  ‐‐10,000                           ‐‐ 177,280         0.54 Irrigation N/A (Exempt well for irrigation water) Total 6.99 less CILWR Credit from Annex or Subdivision 0.00 0.00 6.99 Final CILWR Fee ‐ 18506 Cannery District Bldg L @ $6,000/AF 41,952$        Estimated Water Volume less historical annual avg metered use Net Volume for CILWR 1 Mark Szostak From:nick@monroeresidential.com Sent:Monday, January 14, 2019 9:59 AM To:Mark Szostak Subject:FW: BLDG L at PH. 3 Cannery District PUD - CIL Calculation Attachments:18506_Final CILWR.xlsx See below for CIL water rights email for site plan application.     I’ve got an email to Mitch for parkland as well, waiting to hear back.      Nick Kowieski  Development Manager       202 N. Justine | Chicago, IL 60607  O: 312.585.1906 | C: 847.217.9427 | F: 312.577.0754  nick@monroeresidential.com   https://monroeresidential.com        From: Brian Heaston <bheaston@BOZEMAN.NET>   Sent: Wednesday, January 9, 2019 11:32 AM  To: nick@monroeresidential.com  Subject: RE: BLDG L at PH. 3 Cannery District PUD ‐ CIL Calculation    Here you go, Nick – Let me know if you have any questions.  Table below is also attached as .xlsx.  Please include this  email with the site plan application.  You’ll have to reach out to Parks director, Mitch Overton, for the CIL parkland  calculation.  He’s at moverton@bozeman.net.        Use Use Area Residential  Unit Water Demand Unit Water  Demand    sq. ft. Units gal/yr/1,000 sq. ft. AF/residential unit gal/yr  Apartment Units (levels 2 ‐ 4)  ‐‐  52 ‐‐   0.124       2,101 Office Space (ground level)                    17,728 ‐‐                              10,000  ‐‐           177 Irrigation     Total     less CILWR Credit from Annex or Subdivision  less historical annual avg metered use  Net Volume for CILWR              2 Final CILWR Fee ‐ 18506 Cannery District Bldg L @ $6,000/AF            Best,  Brian Heaston, PE Senior Engineer City of Bozeman - Engineering 20 E. Olive St. P.O. Box 1230 Bozeman, MT 59771 (406) 582-2280 bheaston@bozeman.net        From: nick@monroeresidential.com <nick@monroeresidential.com>   Sent: Tuesday, January 08, 2019 3:35 PM  To: Brian Heaston <bheaston@BOZEMAN.NET>  Subject: BLDG L at PH. 3 Cannery District PUD ‐ CIL Calculation    Brian,    We’re working on a Site Plan submittal for Building L in the Cannery District.  Can you please prepare the Cash‐in‐Lieu  Calculation Fee Determination Memo necessary for this application?  I believe it’s for both water rights and park land.    The 4‐story mixed‐use development will include 52 apartments above ground floor commercial space.  I’ve attached the  building floor plans for reference and included the data table below from the site plan application set.    Please let me know if you need anything else.        Thanks,    Nick Kowieski  Development Manager   3     202 N. Justine | Chicago, IL 60607  O: 312.585.1906 | C: 847.217.9427 | F: 312.577.0754  nick@monroeresidential.com   https://monroeresidential.com    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.  Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Irrigation Water Wells Letter 06 Engineers and Surveyors 851 Bridger Drive, Suite 1, Bozeman, MT 59715 � phone: 406-522-9526 fax: 406-522-9528 � www.seaeng.com May 11, 2017 DNRC Water Resources Attn: Kerri Strasheim 2273 Boot Hill Court, Suite 110 Bozeman, MT 59715 RE: DNRC Water Right Inquiry Cannery District, Bozeman, MT Kerri, I would like to request a determination regarding the water right requirements for three common open space lots (Lot 2, Lot 3 and Lot 4) in the Cannery District (Amended Subdivision Plat C-41-M). Please note that Common Open Space Lot 1 already contains a well. The water right for this well is attached for your reference. This property is located north of Oak Street and East of Rouse Avenue in Bozeman. Originally, there were 36 lots on this site that were created in the early 1900’s. These lots were realigned and aggregated into 16 parcels to better configure the use of the property in 2016. Proposed Use: It is proposed that each common open space lot will have its own exempt well for irrigation purposes. The following breakdown shows the irrigation volume required for each lot. These calculations are based upon needing 30” of water per year for irrigation purposes. Common Open Space Lot 2 – 0.79 Acres of irrigated area x ((30 inches/year)/(12in/ft)) = 1.97 AF/year Common Open Space Lot 3 – 1.04 Acres of irrigated area x ((30 inches/year)/(12in/ft)) = 2.61 AF/year Common Open Space Lot 4 – 0.62 Acres of irrigated area x ((30 inches/year)/(12in/ft)) = 1.55 AF/year Flow rate required: 35 gpm per well The following documents are provided for your reference: 1. Vicinity Map 2. Amended Subdivision Plat C-41-M 3. Cannery District Master Plan Exhibit 4. Well Log for Common Open Space Lot 1 – GWIC # 283174 5. Certificate of Water Right - 41H 30105319 Please feel free to call our office at (406) 522-9526 if you have any questions or need additional information. Sincerely, Jeff Stoner, P.E. Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Application for Concurrent Construction 07 January 22, 2019 City of Bozeman Development Review Committee Re: Building L at Cannery District PUD Phase 3. Concurrent Construction Request Please accept this letter as a request for concurrent construction of site and building improvements for Building L within Phase 3 of the Cannery District PUD. Construction of previous phases at the Cannery District have provided infrastructure adjacent to and through Phase 3. Access to Phase 3 was constructed with previous phases of the Cannery District. The sewer main and service stubs to the Phase 3 pad site lots were constructed in Phase 1 of the Cannery District. A new water main and fire hydrant serving Phase 3 pad site lots is proposed to be installed concurrently with Building L construction. The concurrent construction request is supported by the following standard conditions per UDC 38.270.30 D for PUDs. 1. The project will be under control of a single entity, the Cannery District Partners, and concurrent construction will be conducted in accordance with the UDC requirements for PUDs. 2. Access to the Phase 3 building sites is available within previously constructed parking lots and drive aisles. 3. Sewer infrastructure was completed during Phase 1 and is in place for this project. 4. Three existing fire hydrants installed in previous phases of the Cannery District PUD are within 300’ of the Bldg L pad site, to provide fire protection during construction. 5. All utility and site work will be fully complete prior to occupancy of Building L. The final paving and site improvements, which will occur during the building construction, will be completed before occupancy of Building L. Please let us know if there are any additional conditions required to enable concurrent construction. Sincerely, Cannery District Partners, LLC Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Storm Water Management Permit Application 08 AGENCY USE ONLY PERMIT NO.: Date Rec’d.: Amount Rec’d.: Check No.: Rec’d By: WATER PROTECTION BUREAU FORM NOI-SWC Notice of Intent (NOI) Storm Water Discharge Associated With Construction Activity MTR100000 The NOI form is to be completed by the owner or operator of construction activity eligible for coverage under the Department’s General Permit for Storm Water Discharges Associated with Construction Activities. Please read the attached instructions before completing this form. You must print or type legibly; forms that are not legible or are not complete or are unsigned will be returned. You must maintain a copy of the completed NOI form for your records. Section A - NOI Status (Check one): No prior NOI submitted for this site. New Renewal Modification Resubmittal/Administrative Processing Permit Number: MTR10 __ __ __ __ Permit Number: MTR10 __ __ __ __ Permit Number: MTR10 __ __ __ __ (Discuss Modification in Section I) Section B – Facility or Site Information Site Name Site physical address, mailing address at location, or directions to the site Township/Range/Section (optional): Nearest City or Town Zip Code County Latitude Longitude Is this facility or site located within a recognized Indian Reservation? Yes No Section C – Applicant (Owner/Operator) Information: Owner or Operator Name (Organization Formal Name) Mailing Address City, State, and Zip Code: Phone Number Email Status of Applicant (Check one) Federal State Private Public Other (specify) If yes permit must be obtained through US EPA Owner Operator Both Final 2018-2022 NOI-SWC Page 1 of 5 Section F – SWPPP Preparer and Administrator SWPPP Preparer: Name Mailing Address City, State, and Zip Code Phone Company Name SWPPP Administrator: Same as above Name Mailing Address City, State, and Zip Code Phone Company Name 404 Permit (dredge & fill) Section D – Existing or Pending Permits, Certifications, or Approvals: None MPDES Section E -Standard Industrial Classification (SIC) Codes: A. Primary B. Second C. Third D. Fourth Alternate Phone Alternate Phone Outfall Local Sediment and Erosion Control Requirements: 1.Is the construction project located within a regulated Municipal Separate Storm Sewer System (MS4)? Yes, Complete item 2. No 2.The applicant must contact the MS4 to verify if additional local sediment and erosion controls are required: Name of MS4: MS4 Contact Name:Contact Date:Submit the SWPPP to the MS4 if required. Any additional MS4 requirements must be incorporated into the SWPPP. __________________________________________________________ ____________________________________ RCRA Other Visit the Montana Sage Grouse Habitat Conservation Program (Program) website to determine if the construction project is located in designated sage grouse habitat (core, general, and/or connectivity). Yes, Submit application to the Program and attach resulting consultation letter. No, Project is not located in a designated habitat. Section E - Standard Industrial Classification (SIC) Codes: Select at least one SIC code which best reflects the type of construction work. Position Title Position Title Email Email Sage Grouse Habitat: Training Course Date Completed Date Completed For additional SWPPP Administrators, please complete and submit Attachment A – Delegation of Authority Training Course Secondary SWPPP Administrator: Name Mailing Address City, State, and Zip Code Phone Company Name Alternate Phone Position Title Email Training Course Date Completed Final 2018-2022 NOI-SWC Page 2 of 5 Section H – Briefly Describe the Nature of the Construction Activity or Project Please provide a summary of Best Management Practices (BMPs) in the SWPPP Yes (continue with next question)No Waterbodies with Impairments (see instructions): Are any of the above waterbodies listed as impaired for potential pollutants from your construction activities. (see instructions for accessing the Clean Water Act Information Center ) If yes, have you updated the SWPPP to include BMPs that target and reduce discharges of the identified pollutants causing impairment of the waterbodies and any TMDL requirements? Yes No Section G – Receiving Surface Water(s): Storm Water Outfall/Discharge Locations: For each outfall, list latitude and longitude in the decimal degrees format (00.0000; -000.0000) and the name of the receiving waters. This section must not be left blank and N/A is not acceptable (see instructions for details) 006 007 008 009 010 Final 2018-2022 NOI-SWC Page 3 of 5 Section J – Fee: NEW PROJECTS: Indicate the acreage of construction related disturbance indicated in Section H of this NOI form. The fee for new projects includes the application and the annual fee for the calendar year in which the permit authorization is effective. 1-5 acres $ 900.00 >5-10 acres $1,000.00 >10-25 acres $1,200.00 >25-100 acres $2,000.00 >100 acres $3,500.00 $ 500.00 (minor modification, only if less than six months fromdate the permit authorization is effective) RESUBMITTAL / ADMINISTRATIVE PROCESSING RENEWAL $ Amount specified in Rule (fee provided in renewal notice) MODIFICATION Map: Attach a USGS topographic quadrangle map extending one mile beyond the property boundaries of the site or activity identified in Section B depicting the facility or activity boundaries, major drainage patterns, and the receiving surface waters stated above. Section K - Attachments: SWPPP and Site Map:Attached Renewal (updated SWPPP and site map attached) Section I – Supplemental Information (For Permit Modification Only – leave blank except for modification) Total site area (acres) Area of Construction Related Disturbance (acres) Estimated Project Start Date Estimated Project Final Stabilization Date Estimated Project Completion Date $ 500.00 Final 2018-2022 NOI-SWC Page 4 of 5 Section L - Certification Authorized Signatories: This form must be completed, signed, and certified as follows: •For a corporation, by a principal officer of at least the level of vice president; •For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or •For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. All Applicants Must Complete the Following Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. A. Name (Type or Print) B. Title (Type or Print) C. Phone No. D. Signature E. Date Signed The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form and the applicable fee to: Department of Environmental Quality Water Protection Bureau PO Box 200901 Helena, MT 59620-0901 (406) 444-3080 Final 2018-2022 NOI-SWC Page 5 of 5 Final Permit: 2018-2022 Form SWPPP Page 1 of 10 AGENCY USE ONLY PERMIT NO.: Date Rec’d.: Amount Rec’d.: Check No.: Rec’d By: WATER PROTECTION BUREAU FORM SWPPP 2018 Storm Water Pollution Prevention Plan (SWPPP) Form Storm Water Discharge Associated With Construction Activity MTR100000 READ THIS BEFORE COMPLETING FORM: The Form SWPPP is intended to assist operators in developing a SWPPP which complies with Part 3 of the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). It is the permittee’s responsibility to ensure all required items in the General Permit are adequately addressed and that the SWPPP is developed, implemented, and maintained. Additional information may be needed to supplement the Form SWPPP. For additional information, please call: (406) 444-3080 or visit: http://deq.mt.gov/wqinfo/mpdes/stormwaterconstruction.mcpx Section A - SWPPP Status: (Check one) New No prior SWPPP submitted for this site. Modification Permit Number: MTR10 __ __ __ __ (Please specify these four numbers) Section B - Facility or Site Information: Site Name ________________________________________________________________________________ Site Location Nearest City or Town County Section C - Applicant (Owner/Operator) Information: Owner or Operator Name Mailing Address City, State, and Zip Code Phone Number Section D SWPPP Preparer and SWPPP Administrator SWPPP Preparer: Name or Position Title Mailing Address City, State, and Zip Code Phone Number _____________________ Email Training Course _________________________________ Date Completed____________________________ Final Permit: 2018-2022 Form SWPPP Page 2 of 10 Primary SWPPP Administrator: ☐Same as above Name or Position Title Mailing Address City, State, and Zip Code Phone Number _____________________ Email Training Course _________________________________ Date Completed____________________________ Section E – Site Description (Part 3.3) 1.Describe the nature of the construction activity and what is being constructed. 2.Describe all support activities and associated storm water discharges dedicated to the construction activity including but not limited to: material borrow areas, material fill areas, concrete or asphalt batch plants, equipment staging areas, access roads/corridors, material storage areas, and material crushing/recycling /processing areas. 3.Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo construction-related disturbance (including all construction-related support activities). Total Site Area (acres): ____________ Area of Construction-Related Disturbance (acres): ____________ 4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including cut/fill material to be used. Secondary SWPPP Administrator: Name or Position Title Mailing Address City, State, and Zip Code Phone Number _____________________ Email Training Course _________________________________ Date Completed____________________________ Final Permit: 2018-2022 Form SWPPP Page 3 of 10 6.For a storm water discharge associated with construction activity with construction-related disturbance of fiveacres or more of total land area (based on the acreage provided in item E.3 above): a.Provide an estimate of the runoff coefficient of the site, both before and after construction, and describe what supporting information this determination is based upon: Runoff coefficient before construction: ____________ Runoff coefficient after construction: ____________ Supporting Information Source: b.Provide an estimate of the increase in impervious area after the construction activity is completed: ________ Percent. Outfall Number Receiving Surface Water Size (acres) ofSize of Drainage Area Associated with each Outfall Each Outfall Type of Discharge Latitude and Longitude of Outfall Discharge to Municipal Storm Sewer System Sewer System001Choose an item.Choose an item. 002 Choose an item.Choose an item. 003 Choose an item.Choose an item. 004 Choose an item.Choose an item. 005 Choose an item.Choose an item. 006 Sheet 007 008 009 010 7. In the Outfall table below, identify the name(s) of the first state surface water(s) that receives storm water from the construction project. Provide a description of the size, type, location of each outfall, and if the discharge is to a storm sewer system. To properly identify the state receiving water, locate the drainage(s) into which the construction project discharges. If additional outfalls are applicable, please include an attachment. 5.Provide a brief description of the existing vegetation at the site and an estimate of the percent density of vegetative ground cover. Specify Percent Density of Existing Vegetation: _________________ a. List the impaired receiving surface waters from the table above. Yes No No Yes No No No No Yes No Yes No Yes No Yes No ConcentratedSheet Concentrated et Concentrated Sheet Concentrated Sheet Concentrated Sheet ConcentratedSheet Concentrated Sheet Concentrated Sheet Concentrated Concentrated Sheet Sheet 001 002 003 004 Yes Yes Yes Yes Final Permit: 2018-2022 Form SWPPP Page 4 of 10 Section F – Identification and Summary of Potential Pollutant Sources (Part 3.4) Select the pollutants expected to be present on the construction project: Additional Pollutants List any additional pollutants likely to be present at the construction project. Non-Storm Water Discharges Select the types of allowable non-storm water discharges likely to be present at the construction project. Type of Allowable Non-Storm Water Discharge Present at Construction Project Irrigation Drainage Landscape Watering Pavement Wash Waters Routine Building Wash Down Uncontaminated spring or ground water Water used for dust control Emergency fire-fighting activities Foundation or footing drains Incidental windblown mist from cooling towers Uncontaminated condensate from air conditioners, coolers, or other compressors Other Explain ___________________________ Soils ☐Areas of Shallow Grade ☐Areas of Steep Grade ☐Slopes ☐Ditch ☐Stockpiles ☐Contaminated Soils ☐Import and Export Operations ☐Entrance / Exit Locations ☐Other Explain_______________________ Materials ☐Loading and Unloading Operations ☐Storage of building materials ☐Storage of chemicals ☐Portable Toilets ☐Concrete Batch Plant ☐Asphalt Batch Plant ☐Worker Trash ☐Demolition Materials / Debris ☐ Other Explain ____________________ Activities ☐Concrete Truck Washout ☐Masonry - Stone / Brick / Concrete ☐Spray / Wand Applications ☐Finish Work – Dry wall / Painting ☐Equipment Washing ☐Washing of Buildings ☐Maintenance of Equipment ☐Refueling Operations ☐Application of herbicides, pesticides, fertilizers ☐Application of solvents or detergents ☐Construction Dewatering ☐Other Explain_____________________ YesYesYesYesYesYesYesYesYes YesYes NoNoNoNo NoNoNoNoNoNoNo Final Permit: 2018-2022 Form SWPPP Page 5 of 10 Section G – Selection of Best Management Practices (BMPs) (Part 3.5) Select the BMPs to be used during the construction project. All selected BMPs are required to have a specification provided in the SWPPP. The specifications do not have to be submitted to DEQ. The specifications are required to be maintained by the SWPPP Administrator(s) and provided to DEQ, EPA, or other local permitting authority upon request. Additional BMPs List any additional BMPs likely to be used at the construction project. Erosion Control BMPs ☐Surface Roughening ☐Diversion Ditches ☐Velocity Checks / Check Dams ☐Preservation of Existing Vegetation ☐Minimizing Ground Disturbance ☐Mulch – Straw / Compost ☐Tackifiers / Soil Binders ☐Temporary Seeding ☐Erosion Control Blankets ☐Rough Cut Street Controls / Water Bars ☐Channel Liner ☐Stream Crossing ☐Terracing ☐Culvert ☐Outfall / Outlet Protection (Rip Rap) ☐Other ______________________ Run On / Runoff Control BMPs ☐Temporary Slope Drain ☐Rock Run Down ☐Clean Water Diversion ☐Drainage Swales ☐Other ______________________ Sediment Control BMPs ☐Silt Fence ☐Straw Wattles ☐Rock Wattles / Rock Socks ☐Curb Socks ☐Straw Bales ☐Earthen Berms ☐Vegetative Buffers ☐Drainage Ditch / Ditch Berm ☐Gravel Pack ☐Tarps, Plastic, Visqueen ☐Compost Socks ☐Brush Barrier ☐Sandbag Barrier ☐Inlet Protection ☐Vehicle Tracking Control Pad ☐Stabilized Vehicle Entrance ☐Stabilized Parking Area ☐Stabilized Construction Roadway ☐Street Sweeping ☐Sediment Trap ☐Sediment Basin ☐Other ________________________ Administrative Controls ☐Concrete and Liquid Waste Washouts ☐Worker Toilets ☐Construction Fencing ☐Dust Control ☐Secondary Containment ☐Dumpsters / Waste Receptacles ☐Stabilized Staging Area ☐Material Storage and Stockpile Area ☐Paving and Painting Controls ☐Saw Cutting and Grinding Controls ☐Spill Prevention and Response Procedures ☐Traffic Control ☐Back Charging / Penalties ☐Other __________________________ Post Construction BMPs ☐Detention Pond(s) ☐Retention Pond(s) ☐Drainage Swales ☐Infiltration System(s) ☐Dry Well(s) ☐Other __________________________ Final Permit: 2018-2022 Form SWPPP Page 6 of 10 Local Erosion and Sediment Controls Describe applicable local erosion and sediment control requirements. Dewatering Activities (Part 3.6) Describe dewatering activities associated with the construction project. Identify the BMPs to be used to control dewatering activities and prevent discharges to state waters. If a separate authorization is obtained under the Construction Dewatering General Permit, include the dewatering plan with the SWPPP. ☐ Dewatering activities will be controlled on-site with no discharge to state waters. Provide a description of BMPs to be used to control dewatering activities on-site. ☐Separate authorization obtained under the Construction Dewatering General Permit. MPDES Permit Authorization Number: MTG07__ __ __ __ ☐Dewatering plan is attached to the SWPPP for the separate authorization. Section H: Major Construction Activity and BMP Phasing (Part 3.7) Identify the total number of major construction activities associated with the project: ______________________ Complete the table below by listing the major construction activities in the top row. List the selected BMPs to be used for the construction project in the first column. Select the box in the row and column that will represent when the BMP will be used for each major construction activity. For additional major construction activities and BMPs, complete another sheet using this page. Major Construction Activity BMPs ☐☐☐☐☐☐☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ Final Permit: 2018-2022 Form SWPPP Page 8 of 10 Major Construction Activity Schedule (Part 3.7) List the major construction activities identified in the table above and provide an estimated timeframe for each major construction activity. For each major construction activity, identify all construction activities that will occur during the proposed major construction activity. Section I – Final Stabilization (Part 3.8) Identify the BMPs that will be used to achieve final stabilization. Information to be included is seed mix selection and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs. Section J – Post-Construction Storm Water Management (Part 3.9) Identify BMPs that will be used to control storm water discharges that will occur after the major construction activities are complete. Include a description of applicable local requirements. Final Permit: 2018-2022 Form SWPPP Page 9 of 10 Section K – Site Map (Part 3.10) Develop and attach the required SWPPP site maps and plans with the SWPPP. The site maps or plans must clearly indicate all the required information in Part 3.10 of the General Permit. This means SWPPP site maps must be of sufficient size, scale, and legibility. Section L – Inspection and BMP Maintenance Procedures (Part 3.11) Select the inspection schedule for the construction project: ☐Once every 7 calendar days ☐Once every 14 calendar days, and a post-storm event inspection within 24 hours of the end of a rainfall event of 0.25 inches or greater, and/or within 24 hours of runoff from snowmelt. Check one: The rainfall event will be determined by either ☐ a rain gage on site or ☐the following weather service:____________________________________________. Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control, and other BMPs in good and effective operating condition. Identify how changes to the SWPPP will occur per Part 3.12 of the General Permit. If post construction BMPs will be used during major construction activities, include a maintenance plan that will transition the BMP from active construction to post construction. Section M – Water Quality Controls for Discharges to Impaired Water bodies (Part 2) Describe BMPs that target and reduce discharges of identified pollutants of impairment to impaired waterbodies. The permittee should only describe additional BMPs based on their construction activities pollutant sources. Include any applicable TMDL condition, goal, requirement, implementation intent, or specific controls or requirements as directed by the Department. Final Permit: 2018-2022 Form SWPPP Page 10 of 10 Section O - CERTIFICATION Permittee Information: This SWPPP must be completed, signed, and certified as follows: •For a corporation, by a principal officer of at least the level of vice president; •For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or •For a municipality, state, federal, or other public facility, by either a principal executive officer orranking elected official. Alternatively, this SWPPP may be signed by a duly authorized representative of the person above. A person is a duly authorized representative only if: •The authorization is made in writing by a person described above; •The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position havingoverall responsibility for environmental matters for the company (a duly authorized representative maythus be either a named individual or any individual occupying a named position); •The written authorization is submitted to the department. All Permittees Must Complete the Following Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5- 633, MCA] A. Name (Type or Print) B. Title (Type or Print)C. Phone No. D. Signature E. Date Signed The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form and the applicable fee to: Department of Environmental Quality Water Protection Bureau PO Box 200901 Helena, MT 59620-0901 (406) 444-3080 Section N – Miscellaneous Information Use this space to identify miscellaneous information that is to be included in the SWPPP. Item Building L at Phase 3, Cannery District PUD Site Plan Application April 10, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Water Engineer’s Report 09 Water Main Extension Engineer’s Report Cannery District PUD Phase 3 Update April 3, 2019 For Submittal to: City of Bozeman Engineering Department 20 East Olive Bozeman, MT 59715 Montana Department of Environmental Quality Permitting and Compliance Division Public Water and Subdivisions Bureau PO Box 200901 Helena, MT 59620-0901 Prepared by: Stahly Engineering and Associates 851 Bridger Drive, Suite 1 Bozeman, MT 59715 (406) 522-9526 Water Engineer’s Report 1 4/8/2019 Engineer’s Water Report Contents Note: The Engineer’s Report format for the Cannery District Phase 3 Water Main Extension follows DEQ-1 organization. Additional information required by the City of Bozeman Design Standards is added where required. Report Narrative 1.1.1 General information 1.1.2 Extent of water works system 1.1.3 Alternate plans 1.1.4 Site conditions 1.1.5 Water use data 1.1.6 Flow requirements 1.1.7 Sewage system available 1.1.8 Sources of water supply 1.1.9 Proposed treatment processes 1.1.10 Waste disposal 1.1.11 Automation 1.1.12 Project Sites 1.1.13 Financing 1.1.14 Future Extensions Figures and Tables Figure 1. Vicinity Map Figure 2. Water Site Plan (included separately) Table 1. Detailed Cannery District Water Usage Appendices A WaterCAD Hydraulic Analysis Water Engineer’s Report 2 4/8/2019 1.1.1 General Information The Cannery District is a multi-phase development located on the north side of East Oak Street and Rouse Avenue, north of the Gallatin County Fairgrounds. The existing property consists of several parcels of land within the City and County, with 5.24 acres within the City and 6.98 acres in the county. The development consists of four phases. The first phase, which was completed in 2016, consisted of remodeling four existing buildings originally constructed as part of the original pea canning operation in 1917. Phases 2, 3 and 4 involve the construction of six new buildings on the Cannery District property. Phases 2 and 4 improvements were completed in 2018, leaving only the proposed Phase 3 improvements unconstructed. This report addresses the water improvements associated with the final phase of the Cannery District PUD (Phase 3), and compares the originally-estimated water demands with demands based on actual uses of the built-out development. Water demands from these future phases were accounted for in the design of the previously constructed phases. The tracts that are currently county lands will be annexed into the City prior to development, in order to receive municipal services for new buildings. The developer’s contact information is: Cannery District Partners, LLC 113 East Oak Street, Ste 4A Bozeman, MT 59715 Water supply and wastewater treatment will be provided by the City of Bozeman’s municipal systems. The system owner’s contact information is: City of Bozeman Public Service Department PO Box 1230 Bozeman, MT 59771-1230 The location of the Cannery District is shown on the Vicinity Map in Figure 1. See Figure 2 for Phase 1 through 4 improvements. Water Engineer’s Report 3 4/8/2019 Figure 1. Vicinity Map, Bozeman, Montana 1.1.2 Extent of Water Works System Water supply to the area is from a 12” water main in Oak Street and Montana Avenue. The water main predates the current Oak Street alignment and follows older rights-of-way. As part of the overall development plan this water main will remain, and the existing on-site rights-of-ways have been replaced with 30’ water and sewer easements. The location of existing and proposed mains is shown on the Water Site Plan, Figure 2, included separately. The previously constructed Phase 1, 2 and 4 improvements include new 8” water mains that replaced the old water mains on-site. The new mains essentially follow the same route as the old water main loop around the buildings. However, the new mains have allowed installation of new on-site fire hydrants, and new individual fire and water services to each building. The new water services are metered in the buildings. The new 8” water main loop allows for future extensions or services to serve future phases. Stubs for future water main extensions or services have been extended beneath Phase 1 site improvements. Phase 2 water main improvements consisted of installing new water services to two buildings from the existing mains, relocating a fire hydrant, adding an additional fire hydrant, and connecting existing water mains on the east end of the site. The main extension proposed in Phase 3 improvements is shown on the Water Site Plan and will service two new buildings containing office, retail, Water Engineer’s Report 4 4/8/2019 and residential spaces. The two proposed buildings are designated as Buildings ‘L’ and ‘M’; Building ‘L’ is a mixed-use building containing office space under 52 residential units, and Building ‘M’ is a 21,934 gsf building that will contain office uses. It is anticipated the Building ‘L’ will be serviced by a 4” domestic service line and a 6” fire line, and Building ‘M’ will be serviced by a 1 ½” domestic service line and a 4” fire service line. 1.1.3 Alternate Plans Due to the project’s location within the City of Bozeman, extension of public mains was the only water supply alternative. 1.1.4. Site Conditions The site is typical of Bozeman with fine grained soils overlying gravel deposits. Geotechnical borings have determined the general soil profile consists of 1.5 to 7.0 feet of fine grain silt and clay overlying alluvial gravel. Estimated depth to groundwater obtained from the geotechnical borings is 6.5 -11 feet. If mains are installed during high groundwater times dewatering may be required. 1.1.5. Water Use Data The water use estimates for the Cannery District were originally determined using wastewater flow rates for zoned undeveloped areas from the City of Bozeman Design Standards and Specifications Policy, Table V-1. Table V-1 shows a flow rate of 2000 Gal./Acre/Day for zoning designation B-2. This water use estimate was used to set demands for the inititial hydraulic modeling of the Cannery District development and resulted in an average daily water use rate of 24,468 gpd and a peak hour flow of 170 gpm. Since the Cannery District is largely built out, and the specific uses of the proposed Phase 3 buildings are known, water usage for this phase and the entire development was determined using the following values for average water use rates: Office/Retail 10,000 gal/yr/1000sf Restaurant 165,000 gal/yr/1000sf Residential 89 gal/day/person Updated calculations, based on actual building area uses, estimate an average daily water use rate of 21,489 gpd--which is under the originally- estimated 24,468 gpd—and a peak hour flow of 149 gpm, which is under the originally-estimated 170 gpm. See summary of calculations in Table 1. TABLE 1:  Detailed Cannery District Water Usage 4/3/2019 Cannery District Phase 1 Area **Peak Hr Flow Use by Building (gsf)gpd/1000 sf GPD (ac‐ft/yr)(gpm) Cannery Building (Bldg E) Office/Retail 16,897 30 507 0.57 3.5 Restaurant/Bar 7,663 500 3,832 4.29 26.6 Building Common Area 3,773 30 113 0.13 0.8 Subtotal 28,333 4,452 4.99 30.9 Cannery Complex (Bldg F) Office/Retail 7,621 30 229 0.26 1.6 Restaurant/Bar 7,505 500 3,753 4.20 26.1 Building Common Area 625 30 19 0.02 0.1 Subtotal 15,751 4,000 4.48 27.8 Canning Warehouse (Bldg G) Office/Retail 14,041 30 421 0.47 2.9 Restaurant/Bar 1,365 500 683 0.76 4.7 Building Common Area 3,066 30 92 0.10 0.6 Subtotal 18,472 1,196 1.34 8.3 Boiler House (Bldg H) Office 2,100 30 63 0.07 0.44 Total of Phase 1 9,710 10.88 67.43 Cannery District Phase 2 Area **Peak Hr Flow Use by Building (gsf)gpd/1000 sf GPD (ac‐ft/yr)(gpm) Building J Office 1,500 30 45 0.05 0.3 Gym 11,900 100 1,190 1.33 8.3 Subtotal 13,400 1,235 1.38 8.6 Building K Office 3,245 30 97 0.11 0.7 Gym 4,607 100 461 0.52 3.2 Building Common Area 3,391 30 102 0.11 0.7 Subtotal 11,243 660 0.74 4.6 Total of Phase 2 1,895 2.12 13.2 Cannery District Phase 4 Area **Peak Hr Flow Use by Building (gsf)gpd/1000 sf GPD (ac‐ft/yr)(gpm) Bldg  N Office/Retail 8,712 30 261 0.29 1.8 Building Common Area 1,584 30 48 0.05 0.3 Subtotal 10,296 309 0.35 2.1 Bldg  O Office/Retail 14,378 30 431 0.48 3.0 Restaurant/Bar 1,642 500 821 0.92 5.7 Building Common Area 2,504 30 75 0.08 0.5 Subtotal 18,524 1,327 1.49 9.2 Total of Phase 4 1,636 1.83 11.4 Cannery District Phase 3 Area **Peak Hr Flow Use by Building (gsf)gpd/1000 sf GPD (ac‐ft/yr)(gpm) Bldg L Office/Retail 14,926 30 448 0.50 3.1 *Residential 7,142 8.00 49.6 Subtotal 7,590 8.50 52.7 Bldg M Office 21934 30 658 0.74 4.6 Total of Phase 3 8,248 9.24 57.3 TOTAL ALL PHASES 21,489 24.07 149.2 * Residential Use calculated using 89 gal/person/day, 80.25 estimated people ** Peaking Factor used for Avg Day to Peak Hour 10 Average Water Use Average Water Use Average Water Use Average Water Use Water Engineer’s Report 6 4/8/2019 All existing and proposed buildings will have fire sprinklers. With this provision and the size of the buildings, required fire flows will likely be 1500 gpm. Existing irrigation to Phases 1-4 is provided by wells. The estimated total area of landscape irrigation is approximately 3.43 acres, within the exempt well water right limits. 1.1.6. Flow Requirements A hydraulic analysis was performed using WaterCAD. The WaterCAD model incorporates the 12” diameter city water main as the primary supply. Operating conditions and available fire flow in these mains was obtained from the WaterCAD model results provided in the City of Bozeman Water Facility Plan and hydrant flow data performed at a hydrant directly south of Phase 1 Cannery District. The fire flow analysis was conducted at the maximum day demand. The model is setup with existing and new pipes. Phase 1 pipes and junctions begin with numbers >100 (the Phase 2 pipe is labeled 201, and Phase 3 pipe numbers are labeled >300). Junction elevations are based on the project datum, approximately 15’ above the City of Bozeman datum. In order to determine fire flows at hydrants, hydrant lead pipes are provided to junctions representing hydrants. Hydrant lead pipes have minor losses corresponding to hydrant barrel and nozzle losses. Fire flows are determined at hydrant residual pressures of 20 psi. Fire flows determined at non-hydrant junctions are of little practical value since without hydrant losses computed fire flows are artificially high. A Hydrant flow test was conducted at the hydrant south of Phase 1. The city water supply was modeled as a reservoir-pump system calibrated to the hydrant test. The pump curve provides decreasing pressures with increasing flows corresponding to head losses in the distribution system outside of the model. The model results with only existing pipes utilized correspond well with the flows and residual pressures measured during the hydrant test. The WaterCAD model results are included in Appendix A of this report. Due to the high pressure in the water system at this location, available fire flow is not limited by residual pressure. The maximum permissible velocity of 15 fps in the 8” ductile iron water mains limits the fire flow available to 2530 gpm, which exceeds the required fire flow. The model shows the proposed water main improvements are capable of providing the required fire flow plus maximum day demand for the project. Water Engineer’s Report 7 4/8/2019 The layout of the water system has each building with its own water and fire service, as shown in Figure 2. Final determination of water service sizes will be based on fixture counts for each building. 1.1.7. Sewage System Available Sewer service is provided by city mains that have been replaced as part of the previously constructed Phase 1 improvements. Where water mains cross sewer mains, 18” of vertical separation is provided. 1.1.8. Sources of Water Supply This section is not applicable. 1.1.9 Proposed Treatment Process This section is not applicable. 1.1.10 Waste Disposal This section is not applicable. 1.1.11 Automation This section is not applicable. 1.1.12 Project Sites This section is not applicable. 1.1.13 Financing This section is not applicable. 1.1.14 Future Extensions When the Phase 3 mains are constructed, that will conclude the proposed water main infrastructure for the Cannery District with its current size of 12.2 acres. Provisions have been main for mains to be extended outside of the development’s current boundary if, and when, needed. Figure 2 Water Site Plan OAK STREETSTORMWATERRETENTION BASIN/SNOW STORAGESDSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS30 SPACES40 SPACES15 SPACES22 SPACES22 SPACES20 SPACES9 SPACES6 SPACES8 SPACES23 SPACES13 SPACES 11 SPACESSDSDSD SDSDSDWATERTOWERBLDG OBLDG HBLDG NBLDG GBLDG FBLDG KBLDG JBLDG CBLDG DBLDG BBLDG A32 SPACES29 SPACESPARKING PLAZA14 SPACESEXISTINGFAIRGROUNDSACCESS ROUSE AVE RAIL TRAILTRASHTRASHTRASH20' ROW FOR OAKSS SS SS SS SS SD SD SD SD SD SD SD SD SD 8''W8''W8''W8''W8''W8''W8''W8''WSDSDSTORIESSS SS SSUSE DESIGNATIONGROSSAREA(SF)PHASE 4BLDG N5,412210,296OFFICESSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSBLDG ESD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDSDSDSDSD SD SD SD SD SDSDSDSD 10 SPACESSS SS SS SS SSSS5 SPACES 25 SPACESTOWER TRAIL TRASHSD8 SPACES17 SPACESSS SS STORMWATER BIOSWALE/SNOW STORAGEPHASE/BUILDINGPHASE 1BLDG E9,231428,333RETAIL, RESTAURANT, OFFICEBLDG F12,0201&215,751RETAIL, BREWERY, OFFICEBLDG G13,7601&219,324OFFICEBLDG H1,6001&22,100OFFICEFOOT-PRINT(SF)PHASE 2BLDG K8,9621+MEZZ11,838MEDICAL & OFFICENORTHSIDE PUD(EXISTING)SD SD SD SDBIOSWALEBIOSWALE PATIOPATIO PATIOBIOSWALEBIOSWALE MAINT. SSC LANED LANE A LANE B LANEG LANEA LANE C LANE E LANESD SD SDSDSDSDSDSDSSSD SD SD109 E. OAK1285 N. ROUSESS SS SS SS SS SS105 E. OAK107 E. OAK115 E. OAK111 E. OAK117 E. OAK1237 N. ROUSE1251 N. ROUSEPROPERTY LINE1203 N. ROUSE113 E. OAKPROPERTY LINE 211 E. OAKPROPERTY LINEPROPERTY LINESS SS SS SDSDPATIO12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W 12''W 12''W 12''W 12''W<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<SSSDSDSDPROPERTY LINESSSDSDSDOAK STREETBLDG J11,9001+MEZZ13,400HEALTH & EXERCISESSSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<TRASHBLDG M11 SPACESBLDG L13 SPACES16 SPACES11 SPACES13 SPACES9 SPACES9 SPACES27 SPACESRAIL TRAILLOADINGRAIL TRAILPHASE 3BLDG L17,946461,621OFFICE w/RESIDENTIAL ABOVEBLDG M8,1652+BSMT22,176OFFICE w/BASEMENT STORAGEPARKING PLAZA20 SPACESE LANEF LANE231 E. OAK221 E. OAK5 SPACES10 SPACESRESERVED RESIDENTIALCOVERED PARKING RESERVED RES.COVERED PARKINGRESERVED RES.COVERED PARKINGRESERVED RESIDENTIALCOVERED PARKINGRESERVED RES.COMPACT. COV. PARKINGLOADINGBLDG O8,9501&318,524OFFICE, RESTAURANTTOTAL97,946203,363PROPOSED PHASE 3 WATERMAINS, SERVICES ANDHYDRANTS (DASHED BLUE)30' WIDE WATER-SEWER EASEMENTSEXISTING WATER MAINSEXISTING HYDRANTON EXISTING MAIN30' WIDE WATER-SEWER EASEMENTS30' WIDE WATER-SEWER EASEMENTSEXISTINGWATER MAINSCANNERY DISTRICTPHASE 3 EXTENTSIN FEETPROFESSIONALENGINEERS &SURVEYORSCANNERY DISTRICTPHASE 3 STAHLYENGINEERING& ASSOCIATESCANNERY DISTRICTPARTNERS, LLCWATER SITEPLANFIGURE 2 Appendix A WaterCAD Modeling FlexTable: Pipe Table Current Time: 0.000 hours Length (User Defined) (ft) Velocity (ft/s) Flow (gpm) Minor Loss Coefficient (Local) Hazen-Williams C Diameter (in) Stop NodeStart NodeLength (Scaled) (ft) Label 10.56-2120.000130.012.4R-1PMP-114P-0 10.56-2120.000130.012.4PMP-1J-116P-1 10.291090.000130.012.4J-2J-1642P-2 00.20740.000130.012.4J-3J-2351P-3 00.20740.000130.012.4J-4J-3311P-4 00.18670.000130.012.4J-5J-425P-5 00.18670.000130.012.4J-6J-5191P-6 00.27-1030.000130.012.4J-7J-698P-7 0(N/A)(N/A)0.000130.08.3J-8J-741P-8 0(N/A)(N/A)2.700130.06.2HJ-9J-84P-9 00.13340.000130.010.3J-10J-2270P-10 00.20340.000130.08.3J-11J-10304P-11 00.27-1030.000130.012.4J-12J-7361P-12 10.27-1030.000130.012.4J-1J-12523P-13 01.011700.000130.08.3J-100J-6120P-100 01.011700.000130.08.3J-101J-10027P-101 00.44750.000130.08.3J-102J-101202P-102 00.18300.000130.08.3J-103J-10265P-103 00.18300.000130.08.3J-104J-103361P-104 00.29-490.000130.08.3J-105J-104123P-105 00.29-490.000130.08.3J-101J-105493P-106 00.16270.000130.08.3J-107J-104124P-107 00.0002.700130.06.2HJ-108J-10711P-108 00.0002.700130.06.2HJ-109J-10313P-109 00.0002.700130.06.2HJ-110J-10514P-110 00.0002.700130.06.2HJ-111J-10024P-111 00.05-80.000130.08.3J-4J-1148P-201 00.27450.000130.08.3J-301J-102289P-301 00.0002.700130.06.2HJ-302J-30111P-302 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 11/12/2014 Bentley WaterCAD V8i (SELECTseries 4) [08.11.04.50]Bentley Systems, Inc. Haestad Methods Solution CenterCDi WATERCAD.wtg FlexTable: Junction Table Current Time: 0.000 hours Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Elevation (ft) Label (N/A)(N/A)(N/A)4,752.00HJ-9 1575,111.4504,748.00HJ-108 1565,111.4604,750.00HJ-109 1565,111.4604,751.00HJ-110 1565,111.5004,750.00HJ-111 1565,111.4504,751.00HJ-302 1545,111.5904,756.00J-1 1545,111.5904,756.00J-2 1545,111.5804,756.00J-3 1545,111.5704,755.00J-4 1555,111.5704,754.00J-5 1565,111.5704,752.00J-6 1565,111.5704,752.00J-7 (N/A)(N/A)(N/A)4,752.00J-8 1545,111.5804,755.00J-10 1545,111.57424,755.00J-11 1545,111.5904,756.00J-12 1565,111.5004,750.00J-100 1565,111.49464,750.00J-101 1565,111.4604,750.00J-102 1565,111.4604,750.00J-103 1575,111.45524,749.00J-104 1565,111.4604,751.00J-105 1575,111.45274,748.00J-107 1565,111.45454,751.00J-301 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 11/12/2014 Bentley WaterCAD V8i (SELECTseries 4) [08.11.04.50] Bentley Systems, Inc. Haestad Methods Solution CenterCDi WATERCAD.wtg Fire Flow Node FlexTable: Fire Flow Report Current Time: 0.000 hours Junction w/ Minimum Pressure (System) Pressure (Calculated System Lower Limit) (psi) Junction w/ Minimum Pressure (Zone) Pressure (Calculated Residual) (psi) Fire Flow (Available) (gpm) Label (N/A)(N/A)(N/A)(N/A)(N/A)HJ-9 J-10793J-107355,000HJ-108 J-103114J-103565,000HJ-109 J-105108J-105505,000HJ-110 HJ-302135HJ-302715,000HJ-111 J-30178J-301215,000HJ-302 J-3152J-31525,000J-1 J-3152J-31525,000J-2 J-4151J-41495,000J-3 J-11150J-111505,000J-4 J-4150J-41505,000J-5 J-4150J-41515,000J-6 J-4151J-41515,000J-7 (N/A)(N/A)(N/A)(N/A)(N/A)J-8 J-11151J-111465,000J-10 J-4150J-41475,000J-11 J-3152J-31525,000J-12 HJ-302135HJ-3021355,000J-100 HJ-302131HJ-3021315,000J-101 HJ-302116HJ-3021175,000J-102 HJ-109114HJ-1091145,000J-103 J-107109J-1071085,000J-104 HJ-110108HJ-1101085,000J-105 HJ-10893HJ-108935,000J-107 HJ-30278HJ-302785,000J-301 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 11/12/2014 Bentley WaterCAD V8i (SELECTseries 4) [08.11.04.50] Bentley Systems, Inc. Haestad Methods Solution CenterCDi WATERCAD.wtg Item Building L at Phase 3, Cannery District PUD Site Plan Application April 10, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Sewer Engineer’s Report 10 Sewer Engineer’s Report Cannery District PUD Phase 3 Update April 4, 2019 For Submittal to: City of Bozeman Engineering Department 20 East Olive Bozeman, MT 59715 Montana Department of Environmental Quality Permitting and Compliance Division Public Water and Subdivisions Bureau PO Box 200901 Helena, MT 59620-0901 Prepared by: Stahly Engineering and Associates 851 Bridger Drive, Suite 1 Bozeman, MT 59715 (406) 522-9526 Sewer Engineer’s Report 1 4/8/2019 Engineer’s Sewer Report Contents Note: The Engineer’s Report format for the Cannery District Phase 3 Sewer report follows DEQ-2 organization. Additional information required by the City of Bozeman Design Standards is added where required. Report Narrative Chapter 10 – Engineering Reports & Facility Plans 11.1 Engineering Report 11.11 Problem Defined 11.12 Design Conditions 11.13 Impact on Existing Wastewater Facilities 11.14 Project Description 11.15 Design Criteria 11.16 Site Information 11.17 Environmental Impacts Figures and Tables Figure 1. Vicinity Map Figure 2. Sewer Site Plan (included separately) Table 1. Cannery District Sewer Flow Estimates Table 2. Capacity of 8” and 10” SDR 35 PVC Sewer Main Appendices A Table 1. Detailed Cannery District Water Usage Sewer Engineer’s Report 2 4/8/2019 11.1 Engineering Report The Cannery District is a multi-phase development located on the north side of East Oak Street and Rouse Avenue, north of the Gallatin County Fairgrounds. The existing property consists of several parcels of land within the City and County, with 5.24 acres within the City and 6.98 acres within the county. The development consists of four phases. The first phase, which was completed in 2016, consisted of remodeling four existing buildings originally constructed as part of the original pea canning operation in 1917. During this phase, the original water and sewer infrastructure was replaced and upgraded to current City standards. Phases 2, 3 and 4 include the construction of six new buildings on the Cannery District property. Phases 2 and 4 improvements were completed in 2018, leaving only the proposed Phase 3 improvements unconstructed. This report is addresses the improvements of the final phase of the Cannery District PUD (Phase 3), and compares the originally-estimated sewer demands with demands based on actual uses of the built-out development. The wastewater flows from these future phases were accounted for in the design of the previously constructed Phases 1, 2 and 4 system. All county lands will be annexed prior to development in order to receive municipal services for the new buildings. The developer’s contact information is: Cannery District Partners, LLC 113 East Oak Street, Ste 4A Bozeman, MT 59715 Water supply and wastewater treatment will continue to be provided by the City of Bozeman’s municipal systems. The system owner’s contact information is: City of Bozeman Public Service Department PO Box 1230 Bozeman, MT 59771-1230 The location of the Cannery District is shown on the Vicinity Map in Figure 1. See Figure 2 for the overall sewer system plan. Sewer Engineer’s Report 3 4/8/2019 Figure 1. Vicinity Map, Bozeman, Montana 11.11 Problem Defined City of Bozeman sewer mains were constructed in 1917 to serve the original buildings. The previously constructed Phase 1 and 2 sewer upgrades replaced these original sewer mains and provide the backbone of the infrastructure needed to serve the remaining Cannery District phases. The remaining phase requires only additional sewer services. The location of the previously constructed sewer mains, and proposed sewer services are shown in Figure 2, which is included separately. 11.12 Design Conditions The initial sewer flow estimated contributed by the Cannery District was determined using wastewater flow rates for zoned undeveloped areas from the City of Bozeman Design Standards and Specifications Policy, Table V-1. Table V-1 shows a flow rate of 2,000 Gal./Acre/Day for zoning designation B- 2. This water use estimate using this flow rate resulted in a design peak hour flow of 212 gpm. Since the Cannery District is largely built out, and the specific uses of the proposed Phase 3 buildings are known, water usage for this phase and the entire development was determined using the following values for average water use rates: Office/Retail 10,000 gal/yr/1,000 sf Restaurant 165,000 gal/yr/1,000 sf Residential 89 gal/day/person Sewer Engineer’s Report 4 4/8/2019 The wastewater flow estimates are shown in Table 1. The revised estimated sewer flows, based on actual developed uses, is reduced to 191 gpm, versus the originally-estimated 212 gpm. Table 1: Cannery District Sewer Flow Estimates Cannery District Water Use  Cannery District  Northside  PUD  Total w/  Northside  Phase  1  Phase  2  Phase  3  Phase  4  All  Phases  Acreage (acres) 3.761 3.29 3.237 1.946 12.234 3.024 15.254  Design Water Use Rate (gpd/acre)* n/a n/a n/a n/a n/a 2,000 n/a  Design Daily Water Use (gpd)* 9,710 1,895 8,248 1,636 21,489 6,048 27,537  Design Peaking Factor (Ave Day to Peak Hour) 10 10 10 10 10 10 10  Design Peak Hour Flow (gpm) 67 13 57 11 149 42 191  * See detailed water use estimates organized by phase and buildings based on actual use areas in Appendix. The previously constructed Phase 1 sewer network consists of both 8” and 10” SDR 35 PVC sewer mains. 8” SDR 35 PVC sewer mains installed at the minimum slope of 0.4% have a flow capacity of 312.8 gpm using 75% of the flow depth of the pipe as required by the City of Bozeman Design Standards and Specifications Policy. 10” SDR 35 PVC sewer mains installed at the slope of 0.3% have a flow capacity of 491.2 gpm using 75% of the flow depth of the pipe. See Table 2 below for the parameters used in the flow calculation. Table 2: Capacity of 8” and 10” SDR 35 PVC Sewer Main Capacity of 8" and 10" SDR 35 PVC Sewer Pipe  Status Existing &Proposed Proposed  Location Cannery District Cannery District  Pipe Material 8" SDR 35 PVC 10" SDR 35 PVC  Pipe Diameter (in) 8 10  Minimum Pipe Slope (ft/ft) 0.004 0.003  Coefficient of Roughness (n) 0.013 0.013  Depth in Pipe at 75% Full (in) 6 7.5  Depth of Flow (ft) 0.5 0.625  Pipe Radius (in) 4 5  Pipe Radius (ft) 0.33 0.42  Wetted Perimeter 1.40 1.75 Area of Flow (ft2) 0.28 0.44 Hydraulic Radius 0.20 0.25 Velocity (ft/sec) 2.48 2.49 Maximum Pipe Flowrate (gpm) 312.8 491.2  Peak Hour Flow (gpm) 191 191  Peak Flow % of Max Capacity 61.13% 38.93%  Sewer Engineer’s Report 5 4/8/2019 The existing 8” and 10” sewer mains constructed in previous phases has enough capacity to convey the peak flows from all four phases of the Cannery District, as well as flows from the existing Northside PUD. 11.13 Impact on Existing Wastewater Facilities The majority of the sewer network for the Cannery District was completed during previous phases. The proposed Phase 3 does not include any main extensions, but requires new and relocated sewer services. During construction of Phase 3, existing sewer services within the Cannery District and Northside PUD will remain in service. 11.14 Project Description Cannery District Phase 3 is the fourth of four phases within the development. It consists of the construction of two new buildings (Buildings ‘L’ and ‘M’ as shown in Figure 2). The construction of Phases 1 and 2 has provided the majority of the infrastructure needed to serve the remaining phases. Sewer services will be connected to the previously-installed 10” main that flows from west to east along the north side of the proposed buildings. Building ‘L’ will be a mixed-use building containing office and residential units; it will have an 8” sewer service line and connect to the adjacent 10” main. Building ‘M’ will be an office building and connect to the existing 4” sewer service line currently being utilized by Building ‘D’ (within the Northside PUD). Building ‘D’ will get a new, re-routed 4” sanitary service connecting into the same 10” sewer main, approximately 70 feet east of its current connection point (see Figure 2). 11.15 Design Criteria The Cannery District sewer main extensions were designed in accordance with Montana Department of Environmental Quality Circular 2, Montana Public Works Standards and Specifications, City of Bozeman Modifications to Montana Public Works Standards and Specifications, the Uniform Plumbing Code, and the City of Bozeman Wastewater Facility Plan. 11.16 Site Information A Geotechnical Report was prepared by Allied Engineering Services, Inc. for the Cannery District site. The report identified the site to contain fine grained soils overlying gravel deposits. Geotechnical borings have determined the general soil profile consists of 1.5 to 7.0 feet of fine grain silt and clay overlying alluvial gravel. Estimated depth to groundwater obtained from the Sewer Engineer’s Report 6 4/8/2019 geotechnical borings is 6.5 -11 feet. If mains are installed during high groundwater times dewatering may be required. 11.17 Environmental Impacts Continued use and new extensions of City of Bozeman municipal sewer mains has the least environmental impact. No new environmental impacts will be caused by these sewer main extensions. Figure 2 Sewer Site Plan OAK STREETSTORMWATERRETENTION BASIN/SNOW STORAGESDSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS30 SPACES40 SPACES15 SPACES22 SPACES22 SPACES20 SPACES9 SPACES6 SPACES8 SPACES23 SPACES13 SPACES 11 SPACESSDSDSD SDSDSDWATERTOWERBLDG OBLDG HBLDG NBLDG GBLDG FBLDG KBLDG JBLDG CBLDG DBLDG BBLDG A32 SPACES29 SPACESPARKING PLAZA14 SPACESEXISTINGFAIRGROUNDSACCESS ROUSE AVE RAIL TRAILTRASHTRASHTRASH20' ROW FOR OAKSS SS SS SS SS SS SS SS SS SD SD SD SD SD SD SD SD SD 8''W8''W8''W8''W8''W8''W8''W8''WSDSDSTORIESSS SS SSUSE DESIGNATIONGROSSAREA(SF)PHASE 4BLDG N5,412210,296OFFICESSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSBLDG ESD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDSDSDSDSD SD SD SD SD SDSDSDSD 10 SPACESSS SS SS SS SSSS5 SPACES 25 SPACESTOWER TRAIL TRASHSD8 SPACES17 SPACESSS SS STORMWATER BIOSWALE/SNOW STORAGEPHASE/BUILDINGPHASE 1BLDG E9,231428,333RETAIL, RESTAURANT, OFFICEBLDG F12,0201&215,751RETAIL, BREWERY, OFFICEBLDG G13,7601&219,324OFFICEBLDG H1,6001&22,100OFFICEFOOT-PRINT(SF)PHASE 2BLDG K8,9621+MEZZ11,838MEDICAL & OFFICENORTHSIDE PUD(EXISTING)SD SD SD SDBIOSWALEBIOSWALE PATIOPATIO PATIOBIOSWALEBIOSWALE MAINT. SSC LANED LANE A LANE B LANEG LANEA LANE C LANE E LANESD SD SDSDSDSDSDSDSSSD SD SD109 E. OAK1285 N. ROUSESS SS SS SS SS SS105 E. OAK107 E. OAK115 E. OAK111 E. OAK117 E. OAK1237 N. ROUSE1251 N. ROUSEPROPERTY LINE1203 N. ROUSE113 E. OAKPROPERTY LINE 211 E. OAKPROPERTY LINEPROPERTY LINESS SS SS SDSDPATIO12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W12''W 12''W 12''W 12''W 12''W<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<SSSDSDSDPROPERTY LINESSSDSDSDOAK STREETBLDG J11,9001+MEZZ13,400HEALTH & EXERCISESSSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<TRASHBLDG M11 SPACESBLDG L13 SPACES16 SPACES11 SPACES13 SPACES9 SPACES9 SPACES27 SPACESRAIL TRAILLOADINGRAIL TRAILPHASE 3BLDG L17,946461,621OFFICE w/RESIDENTIAL ABOVEBLDG M8,1652+BSMT22,176OFFICE w/BASEMENT STORAGEPARKING PLAZA20 SPACESE LANEF LANE231 E. OAK221 E. OAK5 SPACES10 SPACESRESERVED RESIDENTIALCOVERED PARKING RESERVED RES.COVERED PARKINGRESERVED RES.COVERED PARKINGRESERVED RESIDENTIALCOVERED PARKINGRESERVED RES.COMPACT. COV. PARKINGLOADINGBLDG O8,9501&318,524OFFICE, RESTAURANTTOTAL97,946203,363PH 1 SEWER MAINSAND SERVICES30' WIDE WATER-SEWER EASEMENTSBLDG M TO CONNECT TOBLDG D SERVICE. BLDG DTO GET RELOCATEDSERVICE AS SHOWN(DASHED GREEN)30' WIDE WATER-SEWER EASEMENTS30' WIDE WATER-SEWER EASEMENTSPROPOSED PHASE 3SERVICE (DASHED GREEN)CANNERY DISTRICTPHASE 3 EXTENTSIN FEETPROFESSIONALENGINEERS &SURVEYORSCANNERY DISTRICTPHASE 3 STAHLYENGINEERING& ASSOCIATESCANNERY DISTRICTPARTNERS, LLCSEWER SITEPLANFIGURE 2 Appendix TABLE 1:  Detailed Cannery District Water Usage 4/3/2019 Cannery District Phase 1 Area **Peak Hr Flow Use by Building (gsf)gpd/1000 sf GPD (ac‐ft/yr)(gpm) Cannery Building (Bldg E) Office/Retail 16,897 30 507 0.57 3.5 Restaurant/Bar 7,663 500 3,832 4.29 26.6 Building Common Area 3,773 30 113 0.13 0.8 Subtotal 28,333 4,452 4.99 30.9 Cannery Complex (Bldg F) Office/Retail 7,621 30 229 0.26 1.6 Restaurant/Bar 7,505 500 3,753 4.20 26.1 Building Common Area 625 30 19 0.02 0.1 Subtotal 15,751 4,000 4.48 27.8 Canning Warehouse (Bldg G) Office/Retail 14,041 30 421 0.47 2.9 Restaurant/Bar 1,365 500 683 0.76 4.7 Building Common Area 3,066 30 92 0.10 0.6 Subtotal 18,472 1,196 1.34 8.3 Boiler House (Bldg H) Office 2,100 30 63 0.07 0.44 Total of Phase 1 9,710 10.88 67.43 Cannery District Phase 2 Area **Peak Hr Flow Use by Building (gsf)gpd/1000 sf GPD (ac‐ft/yr)(gpm) Building J Office 1,500 30 45 0.05 0.3 Gym 11,900 100 1,190 1.33 8.3 Subtotal 13,400 1,235 1.38 8.6 Building K Office 3,245 30 97 0.11 0.7 Gym 4,607 100 461 0.52 3.2 Building Common Area 3,391 30 102 0.11 0.7 Subtotal 11,243 660 0.74 4.6 Total of Phase 2 1,895 2.12 13.2 Cannery District Phase 4 Area **Peak Hr Flow Use by Building (gsf)gpd/1000 sf GPD (ac‐ft/yr)(gpm) Bldg  N Office/Retail 8,712 30 261 0.29 1.8 Building Common Area 1,584 30 48 0.05 0.3 Subtotal 10,296 309 0.35 2.1 Bldg  O Office/Retail 14,378 30 431 0.48 3.0 Restaurant/Bar 1,642 500 821 0.92 5.7 Building Common Area 2,504 30 75 0.08 0.5 Subtotal 18,524 1,327 1.49 9.2 Total of Phase 4 1,636 1.83 11.4 Cannery District Phase 3 Area **Peak Hr Flow Use by Building (gsf)gpd/1000 sf GPD (ac‐ft/yr)(gpm) Bldg L Office/Retail 14,926 30 448 0.50 3.1 *Residential 7,142 8.00 49.6 Subtotal 7,590 8.50 52.7 Bldg M Office 21934 30 658 0.74 4.6 Total of Phase 3 8,248 9.24 57.3 TOTAL ALL PHASES 21,489 24.07 149.2 * Residential Use calculated using 89 gal/person/day, 80.25 estimated people ** Peaking Factor used for Avg Day to Peak Hour 10 Average Water Use Average Water Use Average Water Use Average Water Use Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Stormwater Report 11 Engineer’s Stormwater Report Cannery District PUD Phase 3 Update December 21, 2018 For Submittal to: City of Bozeman Engineering Department 20 East Olive Bozeman, MT 59715 Prepared by: Stahly Engineering and Associates 851 Bridger Drive, Suite 1 Bozeman, MT 59715 (406) 522-9526 Stormwater Plan 1 12/20/2018 Cannery District Phase 3 Stormwater Report Contents General Information Existing Conditions and General Design Criteria Storm Drainage Plan Description Estimation of Retention Volume Retention Facilities Curb and Gutter Capacity Inlet Capacity Conveyance Capacities Facilities Maintenance Figures and Tables Figure 1. Vicinity Map Figure 2. Storm Water Plan Table 1. Cumulative Retention Volume Needed by Phase Table 2. Cumulative Retention Capacity by Phase Table 3 Curb and Gutter Capacity Calculations Table 4 Inlet Drainage Basin and Pipe Capacity Calculations Appendices Cannery District Covenants Stormwater Plan 2 12/20/2018 General Information The Cannery District is a multi-phase development located on the north side of East Oak Street and Rouse Avenue, north of the Gallatin County Fairgrounds. The existing property consists of several parcels of land within the City and County, with 5.24 acres within the City and 6.98 acres in the county. The development consists of four phases. The first phase, which was completed in 2016, consisted of remodeling four existing buildings originally constructed as part of the original pea canning operation in 1917. Phases 2, 3 and 4 include the construction of six new buildings on the Cannery District property. Phases 2 and 4 improvements were completed in 2018, leaving only the proposed Phase 3 improvements unconstructed. In Phases 2 and 4, four new buildings were constructed in the Cannery District; this report focuses on the last phase of development within the Cannery District PUD—Phase 3. Phase 3 is 3.22 acres and includes the construction of two new buildings (Buildings ‘L’ and ‘M’), as well as associated site and utility improvements. The developer’s contact information is: Cannery District Partners, LLC 1006 W Main Street Bozeman, MT 95715 Figure 1: Vicinity Map Stormwater Plan 3 12/20/2018 Existing Conditions and General Design Criteria The site’s existing conditions consist of four recently remodeled buildings within the previously completed Phase 1 area. The majority of the land was undeveloped, but has since been improved with buildings, hardscape, landscape and utilities. The site’s topography allows for drainage to the northwest corner. During Phase 1, a storm water retention pond was constructed in this location, and a network of storm pipes and bioswales were constructed which provides the majority of the storm drainage infrastructure needed for future phases. Near the northeast corner of the lot, an existing stormwater detention pond is currently in use to serve the Northside PUD which consists of four buildings on 3.024 ac of land located at the corner of Oak and Rouse. In accordance with the City of Bozeman Design Standards and Specifications Policy (COB Standards) an engineering analysis was conducted evaluating all four phases within the Cannery District property. The proposed design includes storm sewers that have been sized to convey the 25-year storm event with no surcharging. The storm sewers drain towards the northwest corner of the lot. Due to the presence of Interstate 90 on the northern boundary of the Cannery District property the storm sewers end in a retention pond sized to handle a 10-year, 2-hour event per COB Standards. Furthermore, storm water bioswales have been used throughout the site to further reduce surface runoff and enhance stormwater infiltration. Storm Drainage Plan Storm drainage improvements for the Cannery District will be constructed in accordance with City of Bozeman Requirements. Phase 1 storm drainage improvements previously constructed provide the “backbone” drainage infrastructure for the remaining phases. Therefore a Master Grading Plan was been prepared for the Cannery District, to determine future phase’s drainage requirements. The overall storm drainage plan for the Cannery District is depicted on Figure 1 at the end of this report. Overall drainage direction on the proposed development is indicated by arrows showing the proposed drainage patterns and inlet locations. During Phase 3, the existing storm retention pond located to the north of the Northside PUD will be replaced by a stormwater collection system that will direct this water to the existing Cannery District retention basin, through an extended main (Storm Main Pipe ‘C’). Stormwater Plan 4 12/20/2018 Estimation of Retention Volume Runoff estimates were obtained for each phase using a 10-year 2-hour design storm. The Bozeman IDF curves show a rainfall intensity of 0.41 in/hour for the 10-year 2-hour design storm. Using a runoff coefficient of 0.8 (Commercial Downtown), and the accumulative area by phase, it was determined that a 10- year, 2-hour retention volume of 38,859 cf will be required. Table 1 – Cumulative Retention Volume Needed by Phase 10-year 2-hour event Phase 1 Phase 2 Phase 3 Phase 4 weighted C Factor C 0.8 0.8 0.8 0.8 Intensity I in/hr 0.41 0.41 0.41 0.41 Area A acres 5.34 8.30 14.63 16.45 Runoff Q cfs 1.75 2.72 4.80 5.40 Retention Volume V cf 12,614 19,594 34,557 38,859 NOTE: Phase 3 includes Northside PUD runoff Retention Facilities The main retention basin is located on the northwest (down gradient) corner of the site, bordering the interstate right-of-way. It has slopes of 4:1, a maximum water depth of 2 ft, and is vegetated with grass. The retention basin was constructed in Phase 1 with a volume of 32,736 cubic feet. To supplement the required retention volume, and achieve Low Impact Design (LID), bioswales have been installed in each phase of development within the parking landscaped parking islands. Bioswales not only add retention volume, but slow the peak flows and increase efficiency of stormwater infiltration. The bioswales have a 12” depth below the overflow outlet, and consist of 24” of bioswale media (mixture of sand, topsoil, and compost) topped with vegetation per the landscape plans. Bioswale capacities were calculated using a 0.35 void ratio. In Phases 1 and 2, nearly 16,000 sf of bioswales were constructed within the landscaped parking islands of the Cannery District, adding an additional 11,126 cf of storage. In Phase 3, another 3,076 sf of bioswales will be constructed which will increase the retention capacity another 2,153 cf. The volume provided by each phase of construction shown in Table 2, totaling 46,060 cf of retention storage, and exceeding the required storage amount for the calculated 10-year, 2-hour storm event by over 7,200 cf: Stormwater Plan 5 12/20/2018 Table 2 – Cumulative Retention Capacity by Phase Phase Volume (cf) Notes 1 40,054 Initial retention basin/ bioswales 2 43,862 Initial retention basin/ added bioswales 3 46,060 Initial retention basin/added bioswales 4 46,060 Initial retention basin/added bioswales Curb and Gutter Capacity Storm runoff will be collected in street and parking lot curb and gutters. The hydraulic capacity of the curb and gutter was analyzed to determine if the curb would be overtopped in a 25-year event. The maximum 25-year event for any of the new curb inlet basins produces approximately 3.74 cfs of runoff. The capacity of the curb at the lowest designed slope of 0.5% is 5.03 cfs at a depth of 0.15 feet below the top of the curb. Therefore, curb capacities in the development are adequate to carry the 25-year event. Table 3 – Curb and Gutter Capacity Calculations Right-side slope X:1 0.05 Left-side slope X:1 33.00 Channel bottom width (ft) 0 Flow Depth (ft) 0.350 Flow Area (ft^2) 2.024 Wetted Perimeter (ft) 11.906 Width 0.035 Hydraulic Radius (ft) 0.170 Manning's Roughness 0.013 Slope (ft/ft) 0.005 Average Velocity (ft/sec) 2.49 Flow (ft^3/sec) 5.03 Inlet and Area Drain Capacity The curb inlets and area drains on the roadways in the development were analyzed to ensure they have capacity to accept flows conveyed to them without reaching a point 0.15 feet from the top of the curb. The COB approved Neenah Foundry R-3067-L inlet structure has a capacity of 5.98 cfs at 0.35 feet of head (0.15 below top of curb). The COB approved Neenah Foundry R-2533 area drain has a capacity of 3.2 cfs at 0.45 feet of head (0.15 feet below top of lowest adjacent curb). These capacities will convey the estimated flows. Pipes A series of 15”, 18”, 24” mains are proposed to be installed in the Phase 3 improvements as shown in Figure 2. Anticipated flows through the mains are summarized in Table 4 and show that the capacity of the Cannery District storm Stormwater Plan 6 12/20/2018 mains remains near 75% during peak runoff. Calculations predict surcharging of the 15” outlet pipe coming from the Northwest PUD development; however the Cannery District storm mains are able to accommodate the full-flow from the Northwest PUD’s 15” outlet—as well as the anticipated runoff from the Cannery District development. Pipe 1B calculations indicate the 30” main will be running at 84% capacity at peak flows; however the infiltration and retention from the bioswales throughout the site have not been included in the calculations of the runoff—thereby inflating the flows that should actually be seen within the collection network. Facilities Maintenance The proposed storm drainage facilities will be operated and maintained by the property owners’ association (POA), as required by the existing Cannery District Covenants. The POA is responsible for quarterly maintenance of all storm water facilities. The maintenance includes, but is not limited to, visual inspection and removal of sediment from curbs, inlets, retention basins, and outlet structures as well as any necessary repairs to the facilities. Relevant portions of the Cannery District’s covenants have been included in the appendix of this report which outline the prescribed maintenance activities. Table 4Inlet Drainage Basin and Pipe Capacity Calculations (All Phases)Inlet Drainage BasinInlet Basin 124567891011121314151617181920Land Use M-I M-I M-I M-I M-I M-I M-I M-I M-I M-I M-I M-I M-I M-I M-I M-I M-I M-I M-IDrainage Area (acres) 0.65 0.34 0.67 0.40 1.32 1.00 0.94 0.53 0.43 0.91 0.58 0.55 0.36 1.13 0.24 0.53 0.18 0.50 3.06Slope (%) 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5Runoff Coefficients 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8Frequency Adjustment Factor, Cf 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1Basin Length (ft) 205 148 254 135 246 255 181 178 231 255 190 153 148 222 180 125 110 160 365Time of Concentration (min) 5.1 4.4 5.7 4.2 5.6 5.7 4.8 4.8 5.5 5.7 5.0 4.4 4.4 5.4 4.8 4.0 3.8 4.5 6.9Peak Flow CalculationsDesign Storm 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yr 25yrIntensity at Tc (Figure I-2 pg. 29) (in/hr) 3.76 4.17 3.51 4.29 3.54 3.50 3.91 3.93 3.62 3.50 3.85 4.13 4.17 3.66 3.92 4.40 4.58 4.07 3.12Peak Runoff Rate at Tc (Q = CIA) (cfs)1.951.131.881.373.74 2.802.94 1.671.24 2.551.791.821.203.31 0.751.870.661.637.65Storm Drain Pipe A CapacityManhole NumberPipe End ST1A ST2A ST3A ST4A ST5A ST6A ST7A*Rim Elev 4747.03 4749.51 4749.88 4749.25 4750.39 4750.95 4750.13*Invert 14742.02 4742.74 4745.22 4746.32 4745.67 4745.98 4747.264747.38 *Red numbers are as-built*Invert 2 4745.97 4746.73Pipe Number1A 2A 3A 4A 5A 6A 7APipe Size (in) 24.00 24.00 15.00 24.00 24.00 15.00 15.00Pipe Length 47.00 175.14 68.36 122.76 71.94 108.88 30.84Manning's "n" (PVC) 0.013 0.013 0.013 0.013 0.013 0.013 0.013Area (ft2)3.14 3.14 1.23 3.14 3.14 1.23 1.23Wetted Perimeter (ft) 6.28 6.28 3.93 6.28 6.28 3.93 3.93Hydraulic Radius (ft) 0.50 0.50 0.31 0.50 0.50 0.31 0.31Slope (ft/ft)0.0153 0.0142 0.0050 0.0037 0.0043 0.00480.0040Full Flow Capacity (cfs) 28.06 27.02 4.58 13.74 14.87 4.49 4.10Velocity (ft/sec) 8.93 8.60 3.73 4.37 4.73 3.66 3.34Contributing Inlet Basin NONE 7 2 5 NONE NONE 8Contributing Pipes 2A 3A NONE 5A 6A 7A NONE4AActual Pipe Flow (cfs) 8.25 8.25 1.13 4.31 2.94 2.94 2.94% Capacity 29% 31% 25% 31% 20% 66% 72%Storm Drain Pipe B CapacityManhole NumberPipe End ST1B ST2B ST3B ST4B ST5B ST6B ST7B ST8B ST9B*Rim Elev 4748.23 4748.00 4748.22 4749.65 4749.30 4749.81 4749.81 4750.17 4751.20*Invert4742.16 4743.16 4744.92 4743.32 4744.104744.944745.17 4746.044746.78 4748.06*Invert 2 4744.41 4743.82 4744.85 4745.67 4747.03*Invert 34745.92Pipe Number1B 2B 3B 4B 5B 6B 7B 8B 9BPipe Size (in) 30.00 15.00 30.00 24.00 15.00 24.00 15.00 18.00 15.00Pipe Length 198.17 51.01 31.83 69.66 18.39 248.42 25.00 103.45 75.00Manning's "n" (PVC) 0.013 0.013 0.013 0.013 0.013 0.013 0.013 0.013 0.013Area (ft2)4.91 1.23 4.91 3.14 1.23 3.14 1.23 1.77 1.23Wetted Perimeter (ft) 7.85 3.93 7.85 6.28 3.93 6.28 3.93 4.71 3.93Hydraulic Radius (ft) 0.63 0.31 0.63 0.50 0.31 0.50 0.31 0.38 0.31Slope (ft/ft)0.0050 0.0100 0.0050 0.00400.00500.0043 0.00500.0108 0.0137Full Flow Capacity (cfs) 29.20 6.48 29.08 14.35 4.58 14.91 4.58 10.92 7.58Velocity (ft/sec) 5.95 5.28 5.92 4.57 3.73 4.75 3.73 6.18 6.18Contributing Inlet Basin NONE 9 11 12 17 13 10 14 15Contributing Pipes 2B NONE 4B 5B NONE 7B NONE 9B NONE3B 1C 6B 8BActual Pipe Flow (cfs) 24.44 1.67 22.77 11.22 1.87 7.57 1.24 4.51 3.31% Capacity 84% 26% 78% 78% 41% 51% 27% 41% 44%Storm Drain Pipe C CapacityManhole NumberST3B ST1C ST2C ST3C ST4C End Pipe(EXISTING)Rim Elev4749.23 4750.404751.42Invert4743.82 4744.84 4746.01 4747.54 4747.47 4747.82Proposed Phase 3 PipesInvert 24746.514747.72Invert 34746.76Pipe Number1C 2C 3C 4C 5CPipe Size (in)24 24 15 18 15Pipe Length145.59 167.98 110.56 137.31 23.99Manning's "n" (PVC)0.013 0.013 0.013 0.013 0.013Area (ft2)3.14 3.14 1.23 1.77 1.23Wetted Perimeter (ft) 6.28 6.28 3.93 4.71 3.93Hydraulic Radius (ft) 0.50 0.50 0.31 0.38 0.31Slope (ft/ft) 0.0070 0.0070 0.0070 0.0070 0.0040Full Flow Capacity (cfs) 18.98 18.98 5.42 8.81 4.10Velocity (ft/sec) 6.04 6.04 4.42 4.99 3.34Contributing Inlet Basin 16 18 17 19 20Contributing Pipes 2C 3C NONE 5C NONE4CActual Pipe Flow (cfs) 9.00 8.25 1.87 5.72 7.65% Capacity 47% 43% 34% 65% 187% Figure 2 Stormwater Site Plan SDSDSD SD SD SD SDSD SD SD SD SD SDSDSDSD SDSDSD SD SDSDSDSD SDSDSDSD SD SDSDSDSD BASIN 10.65 acBASIN 20.34 acBASIN 40.67 ac BASIN 61.32 acBASIN 71.0 acBASIN 50.40 acBASIN 80.94 acBASIN 100.43 acBASIN 151.13 acBASIN 140.36 acBASIN 130.55 acBASIN 120.58 acBASIN 90.53 acBASIN 110.91 acBASIN 160.24 acBASIN 180.18 acBASIN 170.53 acBASIN 203.06 acBASIN 190.50 acEXISTING PHASE 2STORM IMPROVEMENTSEXISTINGPHASE 1 STORMINPROVEMENTSEXISTING PHASE 1RETENTION PONDVOLUME 32,736 CFEXISTING PHASE 2STORM IMPROVEMENTSPROPOSED PHASE 3 STORMIMPROVEMENTS (DASHED)EXISTING NORTH SIDEPUD STORM MAINS THATCONNECT TO CANNERYDISTRICT SYSTEM INPHASE 3PIPE 1APIPE 2APIPE 4APIPE 3APIPE 5APIPE 7AST1AST2AST3AST4AST5AST6AST7AST4BST5BST6BST7BST8BST9BPIPE 9BPIPE 8BPIPE 7BPIPE 6BPIPE 5BPIPE 4BPIPE 1BST3CPIPE 1CPIPE 2CPIPE 4CST2BPIPE 2BPIPE 3CPIPE 3BST1BPIPE 5CST3BST1CST2CST4CPIPE 6ACANNERY DISTRICT PHASE 3 EXTENTSIN FEETPROFESSIONALENGINEERS &SURVEYORSCANNERY DISTRICTPHASE 3 STAHLYENGINEERING& ASSOCIATESCANNERY DISTRICTPARTNERS, LLCSTORM WATERPLANFIGURE 2 Appendix reasonabletime from the commencement of such work.Delays in commencement of constructionmay be grantedforgood causeatthesolediscretionoftheAssociation. (d) Repairs;Replacements.Allrepairs,alterations,replacementsoradditionstoImprovements shallbe at leastequal to the originalwork in classand quality.The adequacy of such repairsshallbe measured by the same standardsrequiredforthe originalconstruction. Maintenancework shallbe incompliancewiththeDesign Guidelinesand,dependingupon thescope of work,may be subjectto priorreviewand approvalof the Cannery District Review Committee. (e)Enforcement;Remedies.Ifan Owner failsto performproperlysuch Owner's maintenance responsibilities,the Associationmay perform them and assessallcostsincurredby the AssociationagainsttheLot and theOwner.However,exceptwhere entryisrequireddue to an emergency situation,theAssociationshallaffordtheOwner reasonablenoticeand an opportunityto curethe problem priorto entry.The noticeshallsetforthwith reasonable particularitythe maintenance,repairsorreplacementsdeemed necessary.The Owner shall have 10 days withinwhich tocomplete such maintenance,repairsor replacements.Ifthe maintenance,repairsor replacementsarenotreasonablycapableof completionwithinthe 10-dayperiod,theOwner shallcommence such work promptly and diligentlyproceedto completeitwithina reasonabletime.IftheOwner does not comply withtheprovisions hereof,theAssociationshallhave the rightand power toenterontotheLot and perform such maintenance,repairsorreplacementswithoutany liabilitytoany Personfordamages forwrongfulentry,trespassor otherwise.The Owner of the Lot on which the work is performedshallbe liable(jointlyand severally,ifmore thanone)forthecostofsuchwork and shallpromptlyreimbursethe Associationforsuch cost,togetherwith interestatthe same rateas providedfordelinquentassessments,costsand expensesof collection,court costs,and reasonableattorney'sfees(collectively"charges").The chargesshallalsobe a continuinglienagainsttheLot on which thework was performed.IftheOwner failsto reimbursetheAssociationwithin30 days afterreceiptof a statementforsuch work from the Association,the Associationmay record a noticeof lien againstthe Lot. The Associationmay foreclosethe lieninthesame manner as alien forAssessments,and it shallbe entitledto recover,in additionto the charges,allcostsand expenses of lien enforcement,includingcourtcostsand reasonableattorney'sfees. 6.3 Noxious Weeds. The controlofnoxiousweeds by theAssociationon thoseareasforwhich the Associationisresponsibleand thecontrolofnoxiousweeds by eachOwner on itsrespectiveLot shallbe assetforthand specifiedundertheMontana Noxious Weed ControlAct (Montana Code AnnotatedSections7-22-2101through7-22-2153)and therulesand regulationsoftheGallatin County Weed ControlDistrict.The Associationisresponsibleforcontrolof stateand county declarednoxious weeds in and on the Common Open Space Lots.Each Owner shallbe responsibleforthe controlof the stateand county declarednoxious weeds on itsLot.Both unimproved and improved Lotsshallbe managed fornoxiousweeds.Ifan Owner failstocontrol the noxiousweeds after10 days noticefrom the Association(givenin accordancewith the provisionsof Subsection6.2(e)above),the Associationmay cause the noxious weeds to be controlled,and theAssociationshallhave theenforcementauthorityand remediesprovidedin Subsection6.2(e)ofthisDeclaration. 6.4 Storm Water Maintenance Plan. (a)GeneralInformation.The Cannery DistrictutilizesLow Impact Development ("LID")to mitigatestormwaterimpacts.The stormwaterfacilitiesconsistofcurband gutter,drainage swales,bio-retentionareas(bio-swales),conveyancepiping,and a finalretentionbasin.The systemisdesignedtoaccommodate allstormwaterfrom theProperty.A document entitled -18 - Storm Water Management Plan and Record Drawings ison fileatthe City of Bozeman, EngineeringDepartment. The principalstormwater conveyanceand treatmentfacilitiesarelocatedon theCommon Open Space Lots,and are owned by Association.Privatelyowned LID storm water facilitiesservingindividualLot development are encouraged and privatefacilitiesare allowedtoconnecttotheAssociationfacilitiesthroughtheCommon Open Space Lots. The Associationisresponsibleformaintainingstormwaterfacilitieson theCommon Open Space Lotsexceptforprivateundergroundservicelines,which aretobe maintainedby the Lot Owner.Allstormwaterfacilitieslocatedon privatelyowned Lotsshallbe maintained by theLot Owner inaccordancewiththeapplicablemaintenancescheduleprovidedinthis Paragraph6.4(b). The storm water facilitiesare designed to operate without excessivemaintenance. However,likeallinfrastructure,periodicmaintenance willprevent costlyrepairand replacement.The maintenanceplan setforthin thisSection6.4 has been preparedin accordancewith City of Bozeman guidelines.Over time,recommended maintenance guidelinesmay evolve.PleasecontacttheCityofBozeman Storm Water Divisionifany questionsarise. (b)Storm WaterFacilitiesMaintenanceSchedule. (i)SiteHousekeeping.Sitehousekeepingisto be conductedcontinuouslyas needed. The main causeof storm waterfacilitydamage ispoor sitehousekeeping.Sediment trackedonto pavement can be washed intostorm water bio-retentionbasinsand conveyance piping and damage thesefacilities.Trash can clog pipes and inlet structurescausingpropertydamage.Sitehousekeepingconsistsofthefollowing: *Keep sidewalkand pavement areasclean *Pickup trash *Restoredamaged landscapinginordertopreventsedimentrunoff (ii)System Monitoring.System monitoringis to be conducted quarterly,except in winter.The storm water facilitiesshallbe inspectedquarterlyto quicklyidentify smallissuesbeforeexpensivedamage can occur.In additionto regularmonitoring, thebesttime to inspectthe performanceof storm water facilitiesisduringrunoff events.System monitoringconsistsofthefollowing: *Observe systemduringrunoff.Look forponding outsideofretentionareas.This canindicatea cloggedinletorpipe. *Inspectbio-retentionand retentionbasins *Inspectinlets,manholes and pipes (iii)Bio-retentionand RetentionBasin Maintenance.Bio-retentionand retentionbasin maintenanceistobe conductedquarterly.The bio-retentionand retentionbasinsare designedto provide long-term,sustainabletreatmentof storm water.With poor housekeeping,however,sedimentcan clog thesefacilitiesand reduce infiltration capacity.Proper and timelycleaningof incidentalsediment in thesebasinscan preventthesefacilitiesfrom beingdamaged.The bio-retentionand retentionbasins are intended to be vegetated,since the vegetationprovides microbiological communitiesthatcan treatcommon pollutantsinstormwater.Unhealthyvegetation can diminishthe performanceof thesebasins.The landscapingof thebio-retention -19 - basinsshallfollowtypicallandscapemaintenanceguidelines.The vegetationon the bottom of the retentionbasinshouldnot be regularlymowed,sincemowing can cause plant debristo build up in the basin.Bio-retentionand retentionbasin maintenanceconsistsofthefollowing: *Remove sediment,trash,and debris *Inspectforhealthyvegetation *Inspectforuniformpondingand waterdisappearsin3 days (iv)Bio-retentionand RetentionBasin Maintenance.Bio-retentionand retentionbasin maintenance is to be conducted annually.The vegetationshould be maintained annuallytoreduceplantdebrisbuild-up.The retentionbasinvegetationshouldbe cut to a heightof6" inthefallwiththeclippingsremoved from thebasin.Bio-retention and retentionbasinmaintenanceconsistsofthefollowing: *Remove dead plantmaterialsfrom bio-retentionbasins. *Cut retentionbasinvegetationand remove clippings. (v)Bio-retentionand RetentionBasinMaintenance.Thismaintenanceistobe conducted long-termifand when necessary.Ifregularhousekeepingand maintenanceisnot performedadequately,sedimentand debriscan accumulateinthebasinand reduce the requiredstoragecapacity.Ifthisoccursthe basinsshouldbe excavatedback down to originalplan grade.Long-term bio-retentionand retentionbasin maintenanceconsistsofthefollowing: *Hirea contractortoinspectand returnbasinconditiontoinitialdesignfound on Cityengineeringplans. *Dredge basinifsedimentbuild-upisgreaterthan6" (vi)Inlets.Manholes,and PipingMaintenance.Inlets,manholes,and pipingmaintenance isto be conductedquarterly.All storm water inletsand manholes have a sump to capture sediment.If this sediment is not periodicallyremoved it can wash downstream and clog infiltrationfacilities.The sump istypicallyvisiblefrom the surfacethroughtheinletgrate.Inlets,manholes,and pipingmaintenanceconsistsof thefollowing: *Remove visiblesedimentfrom sump. *Inspectpipeinletsand outletsforsedimentinpipe,and remove ifpresent. (vii)Inlets,Manholes,and PipingMaintenance.Thismaintenanceistobe conductedlong- term if and when necessary.If regularhousekeeping and maintenance is not performed adequately,sediment and debriscan accumulate in the storm water conveyancepiping,and pipesmay become clogged.Long-term inlets,manholes,and pipingmaintenanceconsistsofthefollowing: *Hirea contractortocleanpipesand remove allsedimentfrom manhole sumps. SECTION 7 COMMON PROPERTY 7.1 Descriptionof Common Property Declarantintendsto convey to the Associationthe tracts delineatedas the "Common Open Space Lots" on the Final Platof the Cannery District subdivision,togetherwith theImprovements locatedthereon.Upon Declarant'sconveyance of suchpropertytotheAssociation,suchpropertyshallbe Common Propertytobe maintainedby -20 - Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Traffi c Impact Study 12 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991 Email: bobm@marvinassociates.com Stahly Engineering Attn: Cordell Pool, P.E. 7585 Shedhorn Drive Bozeman, MT 59718 October 16, 2018 Re: Cannery District Trip Generation Update As per you request, I have reevaluated trip generation estimates for the Cannery District Development based on changes to Phase 3 of the original project proposal. The original development proposed 42,500 square feet (sf) of office space in Phase 3. The most recent development plans include two buildings, one of which would house 16,169 sf of office space and the other building would have 15,301 sf of office space on the ground floor with 3 additional floors accommodating 52 apartments. The attached table details trip generation calculations for all phases of development with the above noted Phase 3 development scenario. All trip generation rates were extracted from the ITE Trip Generation Report, 10th Edition. In comparing this table to the original Table 2, in the Cannery District TIS report, it can be seen that the overall increase in trips would be 24 average weekday trips with 2 additional trips in the peak AM hour and no additional trips in the peak PM hour period. The increase in trips would be less than 1% during the average weekday or during the peak hour periods. This level of difference should be considered insignificant, and an update of the TIS would not be justified. If there are any clarifications or other information required, feel free to contact me. Robert R. Marvin, P.E., P.T.O.E. Table 2 Revised 10/15/18. Cannery Development Trip Generation EstimatesITENo. of Rate Total Total TotalCode Land Use Units Units Rate Trips Rate Trips EnterExit Rate Trips EnterExitPhase 1:826Speciality Retail 1.67 1000 sf*174 *2211*3523710General Office Building 36.37 1000 sf *4401 *557 50 7 *654 9 45932High Turnover Restaurant 3.50 1000 sf *7445 *838 21 17 *934 20 14Phase 1 Totals = 920 97 72 25 93 31 62Phase 2:826Speciality Retail 10.72 1000 sf*1475 *210 6 4*329 13 16710General Office Building 1.50 1000 sf *417 *5220 *6202492Health Club 11.90 1000 sf *10392 *1117 9 8*1243 25 18Phase 2 Totals = 884 29 17 12 74 38 36Phase 3:710General Office Building 31.47 1000 sf *4347 *549 43 6 *647 8 39221Mid-Rise Apartments52.00 Dwelling*13146*1419 5 14*1516 10 6Phase 3 Totals = 493 68 48 20 63 18 45Phase 4:710General Office Building 28.00 1000 sf *4309 *544 39 5 *642 7 35Phase 4 Totals = 309 44 39 5 42 7 35Phase 1 97 72 25 93 31 62Phase 2 126 89 37 167 69 98Phase 3 194 137 57 230 87 143Phase 4 238 176 62 272 94 178ITE CodeTrip Rates AWT826 *1 - (T) = 44.32(X)*2 - (T) = 0.95(X) (62% Enter)*3 - (T) = 2.71(X) (44% Enter)710 *4 - (T) = 11.03(X)*5 - (T) = 1.56(X) (88% Enter)*6 - (T) = 1.49(X) (17% Enter)932 *7 - (T) = 127.15(X)*8 - (T) = 10.81(X) (55% Enter)*9 - (T) = 9.85(X) (60% Enter)492 *10 - (T) = 32.93(X)*11 - )T) = 1.41(X) (50% Enter)*12 - Ln(T) = 0.95Ln(X)+1.43 (57% Enter)231 *13 - (T) = 5.57(X)-143.95*14 - (T) = 0.440(X)-4.16 (26% Enter)*15 - (T) = 0.46(X)-8.22 (64% Enter)Ave Weekday Peak AM HourPeak PM HourCUMULATIVE TOTALS OF NEW DEVELOPMENT920180422972606Trip Rates - AM HourTrip Rates - PM Hour TRAFFIC IMPACT STUDY for CANNERY SITE DEVELOPMENT Bozeman, Montana Prepared for STAHLEY ENGINEERING Prepared by February 11, 2015 TRAFFIC IMPACT STUDY for CANNERY SITE DEVELOPMENT Bozeman, Montana Prepared for STAHLEY ENGINEERING Prepared by February 11, 2015 i TABLE OF CONTENTS PAGE INTRODUCTION 1 SITE LOCATION & DESCRIPTION 1 EXISTING CONDITIONS 4 Streets & Intersections 4 Traffic Volumes 5 Speed 7 Capacity 7 TRIP GENERATION 9 TRIP DISTRIBUTION 13 SITE TRAFFIC ASSIGNMENT 13 IMPACTS 20 Traffic Volumes 20 Capacity Impacts 25 Turn Lane Warrants 28 IMPACT MITIGATION 28 RECOMMENDATIONS 29 APPENDIX A – 24 Hour Traffic Count Summaries APPENDIX B – Speed Statistics APPENDIX C – Capacity Calculations APPENDIX D - Left-Turn Lane Warrants ii LIST OF TABLES PAGE Table 1. Existing PM Peak Hour Capacity Analysis Summary 8 Table 2. Cannery Site Development Trip Generation Summary 10 Table 3. Passerby Trip Summary – AWT & Peak PM Hour 12 Table 4. Cumulative Summary of New Trips 12 Table 5. Existing Plus Phase 1 Site Traffic Capacity Analysis Summary 26 Table 5. Existing Plus Phase 1 thru 4 Site Traffic Capacity Analysis Summary 27 LIST OF FIGURES PAGE Figure 1. Site Location Map 2 Figure 2. Year 2014 Existing Traffic Volumes 6 Figure 3. Phase 1 Traffic Assignments 15 Figure 4. Phase 1&2 Traffic Assignments 16 Figure 5. Phase 1,2, &3 Traffic Assignments 17 Figure 6. Phase 1 thru 4 Traffic Assignments 18 Figure 7. Existing Plus Phase 1 Traffic Volumes 21 Figure 8. Existing Plus Phases 1&2 Traffic Volumes 22 Figure 9. Existing Plus Phases 1 thru 3 Traffic Volumes 23 Figure 10. Existing Plus Phases 1 thru 4 Traffic Volumes 24 Cannery Site Development TIS Cannery Site Development TIS Page 1 INTRODUCTION This report summarizes the findings of a traffic impact study (TIS) for the Cannery Site Development property, which is located on the northeast end of Bozeman, Montana. Marvin & Associates was retained by Stahly Engineering to prepare the TIS in accordance with City of Bozeman site development ordinances. The primary purposes of this study were to address specific traffic impacts related to development of Cannery Site Development and to provide recommendations regarding the mitigation of any identified impacts. Having reviewed the proposed land use development plan, Marvin & Associates completed an analysis of existing conditions, addressed trip generation, trip distribution and traffic assignment, and evaluated the resulting arterial and intersection capacity impacts, before making recommendations regarding mitigation of impacts. The study methodology and analysis procedures used in this study employed the most contemporary of analysis techniques, using nationally accepted standards in the areas of site development and transportation impact assessment. Recommendations made within this report are based upon those standards and the professional judgment of the author. SITE LOCATION & DESCRIPTION The Cannery Site Development is bounded by Rouse Avenue on the east; Oak Street on the south; Interstate 90 on the north; and undeveloped property on the west (see Figure 1). The Cannery Site Development currently has seven existing buildings that are accessed by two approaches onto Oak Street and one access onto Rouse Avenue. The development plans include four separate phases that will be developed consecutively within a three to five year time period. Cannery Site Development TIS Page 2 Cannery Site Development TIS Page 3 Four existing buildings located on the east end of the property are known as the Northside PUD Development and no changes will be made to that property. The Cannery development will be built adjacent to and integrated with the Northside PUD and these two developments will share access and circulation. The first phase of the Cannery Development includes remodeling of four existing buildings on the west end of the property. The new businesses within Phase 1 can only be accessed by an existing western approach to Oak Street. Phase 2 of the development would involve construction of two new buildings in the middle of the property adjacent to Oak Street. This phase would also involve closing the eastern ¾ access to Oak Street (located 350’ west of Rouse Avenue) and constructing a new access to Oak Street approximately 300’ west of the existing eastern access. This would allow the site access to operate outside of the Oak Street and Rouse Avenue intersection’s operational area of influence. The third phase of development would be construction of two additional buildings immediately north of the Phase 2 development. Phase 3 would also include construction of a second access to Rouse Avenue north of the existing access. The new Phase 3 Cannery access would be restricted to right-in and right-out movements only and has already been incorporated into the Rouse Street reconstruction project final plans. The fourth and final phase of development would involve construction of two new buildings on the far west end of the property that would be served by the accesses that are planned for the first three phases. Cannery Site Development TIS Page 4 EXISTING CONDITIONS Streets & Intersections Adjacent and potentially impacted public streets would include: Oak Street and Rouse Avenue. The intersections of Oak Street and Rouse Avenue and Tamarack Street and Rouse Avenue are the only public streets and intersections within an half mile of the site that would have potential for impacts . Oak Street is an east-west oriented arterial street that begins at Ferguson Avenue and ends at N. Rouse Avenue in Bozeman, a distance of approximately 3.0 miles. Oak Street has variable pavement widths and varying speed zones along its length. Adjacent to the site, Oak Street’s width ranges between 28’on the west end and 44’ on the east end, at its intersection with North Rouse Avenue. The City of Bozeman is in the process of developing plans to reconstruct Oak Street along its entire length and extend Oak Street to the west another o.5 miles to an intersection with Cottonwood Lane. That planning effort also envisions a long term project that would involve future construction of an Oak Street extension to the east over the railroad tracks to a connection with L Street. Rouse Avenue is a north-south aligned arterial street that begins at East Olive Street and extends 1.5 miles north to an intersection with West Griffin Drive. At that point Rouse Avenue continues in a northeast direction and is known as Bridger Drive. Rouse Avenue and Bridger Drive provides access to the Bridger Ski area, approximately 15 miles north of Bozeman. At the site, Rouse Avenue is approximately 40’ wide and has auxiliary turn lanes at its intersection with Oak Street. Cannery Site Development TIS Page 5 Tamarack Street is an east-west oriented collector street that extends from North Wallace Avenue to North 7th Avenue. It is approximately 44’ wide and carries two lanes of traffic along its length. Its primary function is to provide a connection between the North 7th Avenue and Rouse Avenue arterial streets. The two potentially impacted intersections are currently controlled by traffic signals. The North Rouse Avenue and Oak Street intersection has auxiliary turn lanes with exclusive signal phasing for north–south turn lanes while the Tamarack Street and Rouse Avenue intersection operates with two signal phases. The existing approaches to the Cannery property are “T” type intersections with full directional access except for the eastern-most access on Oak Street which has a divider island intended for right-in and right-out traffic movements only. However, traffic observations and counts indicate that numerous vehicles access the approach from the eastbound direction and turn left into the approach. Traffic Volumes Twenty-four hour automatic traffic counts were taken on multiple days in July 2014 on Rouse Avenue and on Oak Street. In addition, 24 hours counts were taken on all three existing Cannery accesses during the same days as the Oak Street and Rouse Avenue counts. The counts provided hourly variations, which were used to determine peak hours and provide base volumes for turning movement projections. Summaries of the counts can be found be Appendix A of this report. The weekday peak hour for traffic was found to occur between 4:30 and 5:30 p.m. Turning movement counts were taken at Rouse Avenue intersections with Oak Street and Tamarack Street on different days in July 2014 and they were also taken at the Cannery access intersections. Average weekday traffic (AWT) volumes were calculated on some street segments based on the AWT counts and turning movement counts. Cannery Site Development TIS Page 6 Cannery Site Development TIS Page 7 Figure 2 on the preceding page presents existing (2014) pm peak hour turning movement volumes at the potentially impacted intersections and AWT volumes on all street segments. Since the pm turning movement counts were taken in July 2014, it can be assumed that the peak hour counts replicate existing design hour counts, which would be slightly higher than volumes during the winter months. Pedestrian activity was found to be mostly insubstantial at all of the intersections and therefore was not indicated on the turning movement diagrams. Some bike traffic was observed, but bike volumes were substantial less than 1% of the vehicular volumes. Speeds The electronic counters used for traffic volume counts also recorded speeds and the speed data for both Rouse Avenue and Oak Street can be found in Appendix B of this report. On Oak Street, approximately 1,000’ west of Rouse Avenue it was determined that the 85th % speed in both the eastbound and westbound directions was approximately 39 miles per hour (mph). On Rouse Avenue, approximately 500’ south of Oak Street, the 85th % speed was 32 mph in the north bound direction and 31 mph to the southbound direction. Capacity Peak pm hour existing capacity calculations were completed (see Appendix C) for the two signalized intersection and the three existing accesses using the HCS 2010 and SigCinema software packages. Table 1 summarizes the results of the capacity calculations. Cannery Site Development TIS Page 8 Table 1. Existing Peak Hour Capacity Analysis Summary LTRLTRTLR Control Delay (s/veh)9.0 7.7 15.8 24.5 17.6 24.1 20.0 LOS A ABCBC B V/C Ratio 0.49 0.37 0.03 0.73 0.29 0.63 0.34 Queue Length (95%)7 50835 3 Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) LR Control Delay (s/veh)20.1 11.2 LOS CB V/C Ratio 0.06 0.02 Queue Length (95%)0.2 0.1 Movement Group LTR 0.53 0.64 0.37 13 11 2 LTR Rouse Avenue And Tamarack Street PM 9.5 17.9 Movement Group Rouse Avenue and Oak Street PM 18.8 ABB 0.01 B 0 Intersection MOE NB SB EB LTR WB Movement Group Rouse Avenue and Northside PUD Access LTR 18.3 B 0.29 2 LTR 11.5 L 9.1 A 0.04 0.1 LR 19.2 C 0.23 0.9 Movement Group R L Oak Street and Northside PUD Access 11.4 8.4 BA 0.11 0.05 0.4 0.2 A 0.02 0.1 Movement Group L Oak Street and Western Cannery Access 8.4 Measures in the table include control delay (seconds/vehicle), level of service (LOS), volume-to-capacity (v/c) ratio, and 95% queue length. The calculation results showed that all approach movements for each of the potentially impacted intersections and accesses currently operate at or above a LOS “C”. The highest volume to capacity ratio (v/c) occurs at the intersection of Rouse Avenue and Oak Street with a v/c of 0.76 for the southbound through movement. The highest vehicles queues occur in the northbound lanes at the Rouse Avenue and Tamarack Street intersection with 13 vehicles maximum. Observations at these intersections confirm that the calculated levels of service and queue conditions exist. Cannery Site Development TIS Page 9 One operational condition observed on two separate occasions during the study involved the Northside PUD Access and Rouse Avenue when a train crossed Rouse Avenue north of the intersection. The queue formation on Rouse Avenue backed-up and blocked access to and from the access for approximately 2 minutes in each occurrence. It was also observed that once the train had cleared, southbound traffic that had accumulated during the train crossing took approximately two cycles to clear the Oak Street and Rouse intersection, which resulted in queues backing-up from the signal and blocking the Northside PUD access to Rouse Avenue for an additional 2 to 3 minutes. TRIP GENERATION Table 2 presents a summary of trip generation for the Cannery Site Development. Within the table, trip generation rates and resulting trip projections for the average weekday, am, and pm peak hour are illustrated. Trip generation calculations for the development were based upon the specific land use information provided by the developer. Trip generation rates were taken from ITE’s Trip Generation Report, 9th Edition. The trip totals for average weekday trips (AWT) peak am and peak pm hours are shown for each phase of development along with the existing vehicular trips that currently access the site. The cumulative trips for the new development would be 2,582 AWT with the am hour having 236 new trips and the pm hour having 272 new trips. When combined with existing trips (traffic counts) accessing the site, full development of the site would have 5,429 AWT with 529 trips (230 entering and 299 exiting) in the peak pm hour period. Cannery Site Development TIS Page 10 Table 2. Cannery Development Trip Generation Estimates ITE No. of Rate Total Total Total Code Land Use Units Units Rate Trips Rate Trips Enter Exit Rate Trips Enter Exit Phase 1: 826 Speciality Retail 1.67 1000 sf *1 74 *2 211*3 523 710 General Office Building 36.37 1000 sf *4 401 *5 57 50 7 *6 54 9 45 932 High Turnover Restaurant 3.50 1000 sf *7 445 *8 38 21 17 *9 34 20 14 Phase 1 Totals = 920 97 72 25 93 31 62 Phase 2: 826 Speciality Retail 10.72 1000 sf *1 475 *2 10 6 4 *3 29 13 16 710 General Office Building 1.50 1000 sf *4 17 *5 220 *6 202 492 Health Club 11.90 1000 sf *10 392 *11 17 9 8 *12 43 25 18 Phase 2 Totals = 884 29 17 12 74 38 36 Phase 3: 710 General Office Building 42.50 1000 sf *4 469 *5 66 58 8 *6 63 11 52 Phase 3 Totals = 469 66 58 8 63 11 52 Phase 4: 710 General Office Building 28.00 1000 sf *4 309 *5 44 39 5 *6 42 7 35 Phase 4 Totals = 309 44 39 5 42 7 35 Phase 1 977225 933162 Phase 2 126 89 37 167 69 98 Phase 3 192 147 45 230 80 150 Phase 4 236 186 50 272 87 185 ITE Code Trip Rates AWT 826 *1 - (T) = 44.32(X)*2 - (T) = 0.95(X) (62% Enter)*3 - (T) = 2.71(X) (44% Enter) 710 *4 - (T) = 11.03(X)*5 - (T) = 1.56(X) (88% Enter)*6 - (T) = 1.49(X) (17% Enter) 932 *7 - (T) = 127.15(X)*8 - (T) = 10.81(X) (55% Enter)*9 - (T) = 9.85(X) (60% Enter) 492 *10 - (T) = 32.93(X)*11 - )T) = 1.41(X) (50% Enter)*12 - Ln(T) = 0.95Ln(X)+1.43 (57% Enter) 2582 Peak AM HourAverage Weekday Peak PM Hour Trip Rates - AM Hour Trip Rates - PM Hour CUMULATIVE TOTALS OF NEW DEVELOPMENT 920 1804 2273 Land use developments typically produce multi-modal trips that include pedestrian, bicycle, and transit trips, in addition to other vehicular trips. When evaluating vehicular impacts, these non-vehicular and transit-related types of trips can often be considered negligible in terms of their potential impacts on site access points. Since the Cannery Development is on the fringe of residential areas in a mostly industrial environment bike and pedestrian trip modes would appear to be minimal based on observations and traffic counts. For that reason, no reduction in vehicular trips could be justified. Cannery Site Development TIS Page 11 Trip generation potential can be further refined by determining the number of “new” external trips that would appear, as vehicular traffic, at development access points. It is common that, for developments which contain multiple land uses and/or complementary facilities, a portion of trips that would have origins or destinations at such facilities are captured internally. These trips are part of the total trip generation number, but do not have origins or destinations external to the development site, and as such, do not have an impact of the traffic network external to the development. These types of trips are known as “Internal Capture Trips” (ICT). The ITE Trip Generation Handbook contains information regarding procedures for estimating ICT. In the case of Cannery Site Development, the high number of vehicular trips attributed to existing businesses indicates that there is minimal if any ICT within the site. Even though future development may have an enhanced level of ICT, none of the trips were assumed to be ICT trips in order to introduce a higher level of conservatism in the TIS analysis. Trips can be further categorized as primary purpose, diverted link, or passerby purpose trips. Primary purpose trips are trips for which the development is a primary destination from any particular origin. Diverted link trips are trips made to a development as a secondary destination that must be diverted from a path between the origin and primary destination. Passerby trips are also trips made to a development as a secondary destination, but without a diversion from the primary trip path (i.e., a stop on the way home from work). Passerby trips do not represent “new” trips added to the adjacent street system. Thus, site generated passerby trips must be considered as new external trips (movements) at the site approach or approaches, but do not appear as new trips on the adjacent street system. The ITE Trip Generation Report provides methods for estimating passerby trips for a variety of facilities. In the case of Cannery Site Development, there are only a few land uses that are associated with passerby trip attraction. Table 3 is a summary of the land uses and the calculated passerby trips associated with the development in which they are included. Only Cannery Site Development TIS Page 12 Phases 1 and 2 would have passerby trips which would total 238 AWT or approximately 10% of the total new development trips. Table 3. Passerby Trip Summary - AWT & Peak PM Hour ITE AWT Total Code Land Use Trips Trips Enter Exit Phase 1 826 Speciality Retail 19 3 1 2 932 High Turnover Restaurant 100 17 10 7 Phase 2 0 826 Speciality Retail 119 15 7 8 Peak PM Hour Table 4 presents a summary of new trips that would be added to the existing street system without passerby trips included. The number of new trips for each phase is cumulative where Phase 1 would add 801 AWT and when Phase 4 is constructed and full development of the property has been completed, there would be an additional 2,344 AWT on the existing street system. Table 4. Cumulative Summary of New Trips AWT Total Enter Exit Phase 1 801 73 20 53 Phase 2 1566 132 51 81 Phase 3 2035 195 62 133 Phase 4 2344 237 69 168 Peak PM Hour Cannery Site Development TIS Page 13 TRIP DISTRIBUTION There are various methods available for determining the directional distribution of trips to and from site developments. For developments within a large urbanized area, the task is best accomplished through the creation of a computerized transportation model of the urban street system, which includes the proposed development changes. When the creation of a model is not feasible, realistic estimates can be made by determining the distribution of existing traffic volumes on the surrounding street system. The existing distribution can then be applied to newly generated trips, with adjustments made based upon the likely trip origins and destinations associated with the particular development land use or uses. For this development, an existing condition distribution model was developed based upon the distribution of existing traffic to and from the existing site development. Overall, approximately 57% of the trips would be to and from the west; 17% would be to and from the north; 26% would be to and from the south; and 0% would be to and from the east. At the intersection of Tamarack Street and Rouse Avenue, the distribution is further split with 2% to and from the west; 3% to and from the east; and 21% to and from the south. At some point in time when Oak Street is extended across the railroad tracks connecting with the street system on the east end of Bozeman, changes in trip distribution can be expected to occur. SITE TRAFFIC ASSIGNMENT The assignment of site traffic to a development’s street system and site access points is dependent upon several factors. Two such factors are external directional distribution and localized operational site conditions (i.e., the developments layout of streets and access conditions). The combined Cannery Site Development TIS Page 14 calculation of demand and least time accessibility are then used to estimate likely movement volumes at each individual access point. Turning movements at each access point were then calculated through the application of the distribution to full development vehicular trip generation totals. For the Cannery Site Development, the aforementioned access points consist of two existing accesses to Oak Street and one access to Rouse Avenue. These accesses would serve to distribute newly generated trips from Cannery Site Development to and from external origins and destinations. The directional distributions mentioned above in combination with the location of the phased development conditions were used in computer models developed for each of the phases. Least travel time routing to existing and new accesses determine the percentages of internal traffic at each access and the trip distribution demand was used to distribute traffic to the street system. This determined the directional traffic flow at each of the access points and at the potentially impacted intersections. Both AWT and peak pm hour traffic volumes represented by trip generation estimates for each phase were the routed onto the street system. Results of the traffic assignment analysis are illustrated in Figures 3 through 6, on the following pages. The volumes shown in Figure 3 are site generated traffic volumes associated with phase one of the development. The negative numbers shown at the western Oak Street access resulted from passerby traffic adjustments. This serves to illustrate the fact that the accesses include all trips generated, but the traffic assignments on the street system only include new trips (total trips less passerby trips). Cannery Site Development TIS Page 15 Cannery Site Development TIS Page 16 Cannery Site Development TIS Page 17 Cannery Site Development TIS Page 18 Cannery Site Development TIS Page 19 Figure 4 illustrates traffic assignment associated with new trips for both phases 1 and 2 of the site development. The assignment model for this condition had to account for the change in access locations and the internal connection path between the existing buildings on the west end and on the east end of the property, within the site. The existing eastern Oak Street access would be closed and a new access would be constructed 300’ west of the existing eastern Oak access. Internal redistribution of traffic due to alternative internal paths was modeled by performing least travel time/delay calculations. Figure 5 shows the traffic assignment for the first three phases of development and the addition of a second access to Rouse Avenue. The new Rouse Avenue access to the Phase 3 Cannery development would be a right-in and right-out only access. As can be seen in Figure 5, the new Rouse access would serve a limited volume of traffic due to its location and operational restrictions. It can also be seen that the eastern Oak Street access would have a higher volume than the western Oak Street access. Figure 6 illustrates traffic assignment associated with new trips for Phase 4, which represents full development of the site property. It can be seen that the traffic demand at both of the Oak Street accesses are approximately equal and the demand at the new Phase 3 Rouse Street Access would still be substantially less than the other accesses. Cannery Site Development TIS Page 20 IMPACTS Traffic Volumes Traffic volume impacts for site developments can be quantified by determining the change in traffic volumes expected at various points within the surrounding network of streets. Site traffic assignments give an indication of what volume of traffic could potentially be added to the street system during the average weekday. Yet in almost all cases, it is very difficult to determine AWT on any section of street to within 10% accuracy. Thus, impact analyses on streets with relative percentage increases less than 10% are not normally considered critical. In any case, the percent change in daily traffic can only be used to identify general locations where impacts could be significant. It is the determination of volume changes during peak traffic flow periods that provides specific information on the type and location of impacts that could potentially occur. Figures 7 thru 10, on the following pages, illustrates the relative traffic volume impacts related to development site traffic and along with traffic from the apartments that are currently under construction. The figures illustrate existing traffic plus site traffic at each of the site access intersections that would result if Cannery Site Development existed today (2014 traffic volume base). The percentage of AWT attributable to the subject development along key area streets is calculated and shown those figures. In Figure 7 it can be seen that none of the traffic volumes on the surrounding streets would increase by more than 5%, which would indicate no substantial impacts for the Phase 1 development. The turning movement volumes includes both exiting traffic and new traffic generated by the development, as is the case for all of the traffic impact figures. Cannery Site Development TIS Page 21 Cannery Site Development TIS Page 22 Cannery Site Development TIS Page 23 Cannery Site Development TIS Page 24 Cannery Site Development TIS Page 25 Figure 8 shows similar information as Figure 7 except these impacts are related to development of both Phase 1 and 2. It can be seen that all of the AWT increases would still be below 10% except for Oak Street, west of the development, which would experience a 10% increase. This could be significant since the AWT on this segment of street is currently near the maximum volumes that a two lane street can accommodate at LOS “C”. Figure 9 shows the traffic impacts to existing traffic from development of Phases 1 through 3. It can be seen that similar to Figure 9, the only significant impact would be the segment of Oak Street west of the site with a 13% increase. All of the traffic increases on Rouse Avenue would still be below 5%. Figure 10 illustrates the full development (Phase 1 through 4) traffic impacts. While similar to Phase 3 impacts, another segment of Oak Street would exceed a 10% increase in traffic volumes. The segment of Oak Street west of the site would be 15% and the segment between the site accesses would be right at 10%. Capacity Impacts Table 5 presents capacity analysis results for existing plus Phase 1 site generated traffic at potentially impacted intersections and accesses. The addition of site development traffic to existing traffic would not substantially impact any of the two intersections or site accesses. The eastbound and northbound approaches to the Oak Street and Rouse Avenue intersection would be the only intersections with any change in the volume to capacity (v/c) ratio. Changes in delay would be less than 1 second. Cannery Site Development TIS Page 26 Table 5. Existing Plus Phase 1 Site Traffic Capacity Analysis Summary LTRLTRTLR Control Delay (s/veh)9.1 7.7 15.8 24.5 17.6 25.0 20.2 LOS A ABCBC C V/C Ratio 0.51 0.37 0.03 0.33 0.33 0.63 0.38 Queue Length (95%)9 60835 3 Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) LR Control Delay (s/veh)24.3 11.8 LOS CB V/C Ratio 0.20 0.09 Queue Length (95%)0.7 0.3 Intersection MOE NB SB EB WB Movement Group LTR Rouse Avenue and Oak Street PM 17.9 B 0.01 0 Movement Group LTR LTR LTR LTR Rouse Avenue And Tamarack Street PM 9.6 11.9 18.8 18.4 ABBB 0.54 0.66 0.37 0.30 14 14 2 3 Movement Group L LR Rouse Avenue and Northside PUD Access 9.1 19.2 AC 0.04 0.23 0.1 0.9 Movement Group R L BA 0.11 0.05 0.4 0.2 Movement Group L Oak Street and Northside PUD Access 11.5 8.4 Oak Street and Western Cannery Access 8.5 A 0.04 0.1 Rather than complete capacity calculations for each intersection and access for each phase of development, it was decided to perform the calculations for full development (Phases 1 through 4) and if any movement was impacted beyond acceptable levels, subsequent calculations for specific conditions would be made to determine at what point the impact would occur. Table 6 presents the capacity calculations for existing plus Phases 1 through 4 (full development) conditions. It can be seen that both the Northside PUD Rouse Avenue access and the western Oak Street access would operate at LOS “D”. An additional analysis of the Northside PUD access to Rouse Avenue for Phase 1 and 2 indicated that the access would operate at LOS “C”. Therefore, it can be concluded that the additional traffic associated with Phase 3 would create the capacity impact at that access. Capacity calculations for the western Oak Street Cannery Site Development TIS Page 27 access for Phase 3 and Phase 2 were completed and it was determined that even in Phase 2 the left-turn onto Oak would operate at LOS “D”. Thus it was concluded that Phase 2 traffic was creating the impact. Additional capacity calculations indicated that both the Rouse Avenue and the Oak Street accesses would operate at LOS “C” if a continuous left turn lane were provided on Oak Street and on Rouse Avenue. Table 6. Existing Plus Phases 1 thru 4 Site Traffic Capacity Analysis Summary LTRLTRTLR Control Delay (s/veh)9.8 7.7 15.8 25.8 17.6 25.4 20.3 LOS A ABCBC C V/C Ratio 0.54 0.37 0.03 0.76 0.30 0.66 0.39 Queue Length (95%)8 50827 3 Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) LR Control Delay (s/veh)31.6 12.4 LOS DB V/C Ratio 0.35 0.10 Queue Length (95%)1.5 0.3 Intersection MOE NB SB EB WB Movement Group LTR Rouse Avenue and Oak Street PM 17.9 B 0.01 0 Movement Group LTR LTR LTR LTR Rouse Avenue And Tamarack Street PM 9.6 12.1 18.9 18.4 ABBB 0.54 0.67 0.38 0.30 13 14 2 2 Movement Group L LR 28.4 AD 0.04 0.38 0.1 1.7 Movement Group R L Rouse Avenue and Northside PUD Access 9.2 CA 0.31 0.07 1.3 0.2 Movement Group L Oak Street and New Eastern Cannery Access 15.6 8.6 Oak Street and Western Cannery Access 8.8 A 0.04 0.1 Cannery Site Development TIS Page 28 Turn Lane Warrants Auxiliary turn lane warrants were investigated for the existing and new accesses. (see Appendix D). The existing eastern access on Oak Street has a painted median transition that currently operates as a defacto left-turn lane even though left-turns are not technically allowed. The existing Cannery access on Rouse Avenue has a fully painted median that is successfully used as a left-turn lane. None of the site access traffic projections have right-turn volumes that exceed 40 vehicles per hour (vph) in the peak pm hours even in Phase 4 of development. Thus, left-turn warrants were only completed for the Oak Street sites accesses. It was determined that left-turning traffic at the western Oak Street approach would marginally be met in Phase 1 of development and would definitely be met in Phases 2 through 4. At the new eastern Oak Street access a left-turn lane warrant would be met in Phase 2, when the new access is constructed. Since the two Oak Street accesses would be within 350’ of each other, a continuous two-way left turn lane (TWLTL) would be required. IMPACT MITIGATION As is currently proposed, Cannery Site Development would not substantially impact efficient operations at any of the key intersections within a one-half mile distance of the development site. Thus, mitigation of impacts to operational efficiency would not be required. Warrants for auxiliary left-turn lanes on Oak Street at the existing western access and at the new Phase 2 access would be required when Phase 2 site development is constructed. Capacity calculations indicate that the LOS “D” condition at the Northside PUD Access on Rouse Avenue could be mitigated by constructing a TWLTL on Rouse Avenue when Phase 3 is developed. Also the LOS “D” on the western Oak Street access would be mitigated by construction of a TWLTL on Oak Street in Phase 2 of the development plan. Cannery Site Development TIS Page 29 RECOMMENDATIONS Development of Cannery Site Development properties as detailed in this report would add approximately 2,344 vehicle trips to the surrounding street system on the average weekday. The TIS has determined that while this development will not impact the intersection of Rouse Avenue and Oak Street to any significant degree. The same would be true of the Rouse Avenue and Tamarack Street intersection. Safety impacts on Oak Street were investigated and it was determined that an auxiliary left-turn lane would be warranted at both of the site accesses during Phase 2 of development. In evaluating the current geometric requirements for construction of an auxiliary left-turn lane at this intersection, it was determine that a TWLTL would be required from the intersection of Oak Street and Rouse Avenue to a point west of the western most access to allow both accesses to operate safely. The TWLTL would also improve the efficiency of both accesses which would mitigate the projected LOS “D” operations at the western access. It is not known whether planned improvements on Oak Street will be completed prior to the construction of Phase 2 site improvements. However, coordination in the design of both projects should be considered to avoid construction of improvements that could possibly be wasted. It would seem reasonable to delay construction of the TWLTL until definitive plans for Oak Street have been developed so that any geometric improvements completed prior to total reconstruction of Oak Street can be fully incorporated into the future street section. Cannery Site Development TIS Page 30 Projected capacity deficiency at the existing Cannery Access on Rouse Avenue could also be mitigated by constructing a TWLTL on Rouse Avenue. The status of this improvement is similar to that of Oak Street, since MDT has plans to reconstruct Oak Street, but the timing is not certain. The new Phase 3 Cannery Access on Oak Street would operate as a right-in and right-out approach and will only serve minor traffic demand. Since this access has already been incorporated into t he Rouse Avenue reconstruction plans, it can be assumed that no impacts will need to be mitigated. If future operations could be improved by allowing northbound left-turn movements at this access, the planned TWLTL on Rouse Avenue could allow that movement while still restricting left-turns onto Rouse Avenue from the site. Appendix A 24 Hour Traffic Count Summaries Hour 7/1/2014 7/2/2014 7/3/2014 Average % of 7/1/2014 7/2/2014 7/3/2014Average % of 7/1/2014 7/2/2014 7/3/2014Average % ofBegin Tues Weds Thurs Weekday Weekday Tues Weds Thurs Weekday Weekday Tues Weds Thurs Weekday Weekday118 11150.2% 8 13110.2% 26 26260.2%28880.1% 8 990.1% 16 16160.1%312 7100.2% 6 1080.1% 18 18180.2%414 16150.3% 13 12130.2% 27 27270.2%542 43430.7% 49 47480.8% 91 91910.8%6137 1281332.3% 168 1411552.5% 305 3053052.6%7288 2742814.8% 348 3603545.8% 636 6366365.4%8313 3333235.6% 424 4294277.0% 737 7377376.2%9345 3283375.8% 396 4064016.6% 741 7417416.3%10299 3753375.8% 396 3923946.4% 695 6956955.9%11429 4664487.7% 410 4774447.3% 839 8398397.1%12467 5435058.7% 444 4474467.3% 911 9119117.7%13419 4354277.3%433 4624487.3%852 8528527.2%14458 4524557.8%422 4384307.0%880 8808807.5%15434 437 4494407.6% 439 412 5074537.4% 873 849 8498577.3%16487 487 4364708.1% 442 439 4834557.4% 929 926 9269277.8%17517 501 3754648.0% 427 414 4564327.1% 944 915 9159257.8%18350 306 2453005.2% 413 334 4183886.3% 763 640 6406815.8%19299 236 1792384.1% 305 282 2842904.7% 604 518 5185474.6%20287 204 2142354.0% 226 233 1672093.4% 513 437 4374623.9%21130 174 1961672.9% 158 169 1161482.4% 288 343 3433252.7%2278 90 96881.5% 112 92 64891.5% 190 182 1821851.6%2335 40 85530.9% 31 44 55430.7% 66 84 84780.7%2417 34 39300.5% 24 23 29250.4% 41 57 57520.4%00Total 2634 5758 5733 5820 100.0% 2577 5967 6222 6117 100.0% 5211 11725 11725 11812 100.0%NorthboundSouthboundBoth DirectionsRouse Avenue 500' South of Oak Street0.0%1.0%2.0%3.0%4.0%5.0%6.0%7.0%8.0%9.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%1.0%2.0%3.0%4.0%5.0%6.0%7.0%8.0%9.0%10.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%1.0%2.0%3.0%4.0%5.0%6.0%7.0%8.0%123456789101112131415161718192021222324% AWTBegin HourHourly Variations Hour 7/1/2014 7/2/2014 7/3/2014 Average % of 7/1/2014 7/2/2014 7/3/2014Average % of 7/1/2014 7/2/2014 7/3/2014Average % ofBegin Tues Weds Thurs Weekday Weekday Tues Weds Thurs Weekday Weekday Tues Weds Thurs Weekday Weekday1614100.2% 13 10120.3% 19 19190.2%27770.1% 7 560.1% 14 14140.2%3911100.2% 9 570.2% 18 18180.2%48880.2% 9 990.2% 17 17170.2%553 54541.1% 21 28250.6% 74 74740.8%6164 1481563.2% 84 82832.0% 248 2482482.8%7300 2972996.1% 160 1521563.7% 460 4604605.1%8337 3043216.6% 189 2142024.8% 526 5265265.8%9290 2942926.0% 261 2572596.2% 551 5515516.1%10298 3173086.3% 271 2622676.3% 569 5695696.3%11346 3813647.5% 349 3783648.6% 695 6956957.7%12376 3593687.6% 381 4123979.4% 757 7577578.4%13363 3773707.6%308 3053077.3%671 6716717.4%14331 3703517.2%273 3533137.4%604 6046046.7%15351 294 3453306.8% 323 341 3533398.1% 674 635 6356487.2%16419 340 3203607.4% 349 355 3223428.1% 768 695 6957198.0%17407 327 3263537.3% 432 378 2883668.7% 839 705 7057508.3%18332 246 3042946.1% 265 241 1772285.4% 597 487 4875245.8%19205 214 1902034.2% 191 163 1221593.8% 396 377 3773834.3%20155 176 1521613.3% 169 140 1351483.5% 324 316 3163193.5%21125 127 1031182.4% 95 101 1151042.5% 220 228 2282252.5%2261 68 75681.4% 71 59 73681.6% 132 127 1271291.4%2327 27 52350.7% 22 22 54330.8% 49 49 49490.5%2414 20 32220.5% 16 24 26220.5% 30 44 44390.4%00Total 2096 4727 4840 4859 100.0% 1933 4159 4137 4211 100.0% 4029 8886 8886 9008 100.0%EastboundWestboundBoth DirectionsOak Street 1000' West of Rouse Avenue0.0%1.0%2.0%3.0%4.0%5.0%6.0%7.0%8.0%9.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%1.0%2.0%3.0%4.0%5.0%6.0%7.0%8.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%1.0%2.0%3.0%4.0%5.0%6.0%7.0%8.0%9.0%10.0%123456789101112131415161718192021222324% AWTBegin HourHourly Variations Hour7/1/2014 7/2/2014 7/3/2014 Average % of7/1/2014 7/2/2014 7/3/2014Average % of7/1/2014 7/2/2014 7/3/2014Average % ofBegin Tues Weds Thurs WeekdayWeekdayTues Weds Thurs WeekdayWeekdayTues Weds Thurs WeekdayWeekday10000.0% 0 000.0% 0 000.0%20110.1% 0 110.1% 0 000.0%31010.1% 1 010.1% 2 220.2%40110.1% 0 000.0% 0 000.0%51110.2% 1 320.3% 2 220.2%612 27203.1% 27 31294.4% 39 39393.1%741 34386.0% 39 46436.5% 80 80806.3%850 57548.5% 89 697912.1% 139 13913910.9%972 52629.8% 75 626910.5% 147 14714711.5%1047 40446.9% 37 41396.0% 84 84846.6%1161 38507.9% 59 42517.7% 120 1201209.4%1284 727812.4% 82 908613.2% 166 16616613.0%1344 45457.1% 39 54477.1%83 83836.5%144045436.7%38 58487.4%78 78786.1%1549 43 52487.6% 41 35 48416.3% 90 78 78826.4%1632 33 42365.7% 36 45 40406.2% 68 78 78755.8%1744 38 38406.3% 48 41 41436.6% 92 79 79836.5%1845 22 38355.6% 21 17 20193.0% 66 39 39483.8%1915 20 18182.8% 64860.9% 21 24 24231.8%2013 10 13121.9% 94 1081.2% 22 14 14171.3%2176350.8% 21320.3%97780.6%2260020.3% 10110.1%70020.2%2300410.2% 00100.1%00000.0%2400000.0% 00000.0%00000.0%Total 211 625 621 630 100.0% 164 634 669 653 100.0% 375 1259 1259 1278 100.0%Eastbound - ExitWestbound - EnterBoth DirectionsCannery Access to Rouse Avenue North of Oak Street0.0%2.0%4.0%6.0%8.0%10.0%12.0%14.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%2.0%4.0%6.0%8.0%10.0%12.0%14.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%2.0%4.0%6.0%8.0%10.0%12.0%14.0%123456789101112131415161718192021222324% AWTBegin HourHourly Variations Hour 7/1/2014 7/2/2014 7/3/2014 Average % of 7/1/2014 7/2/2014 7/3/2014Average % of 7/1/2014 7/2/2014 7/3/2014Average % ofBegin Tues Weds Thurs Weekday Weekday Tues Weds Thurs Weekday Weekday Tues Weds Thurs Weekday Weekday10000.0% 0 000.0% 0 000.0%20000.0% 0 000.0% 0 000.0%30110.1% 0 000.0% 0 010.0%40000.0% 1 110.2% 1 110.1%51320.4% 0 000.0% 1 120.2%610 891.8% 9 12112.1% 19 19201.9%729 31305.9% 15 19173.4% 44 44474.7%880 787915.4% 39 22316.2% 119 11911010.9%954 30428.2% 56 36469.3% 110 110888.8%1024 29275.2% 39 22316.2% 63 63575.7%1136 44407.8% 25 28275.4% 61 61676.6%1259 676312.3% 64 636412.9% 123 12312712.6%1335 34356.7%38 38387.7%73 73737.2%1434 35356.7%24 45357.0%58 58696.9%1529 34326.2%36 53459.0%0 65 65767.6%1649 24 29346.6% 27 27 42326.5% 76 51 51666.6%1757 34 38438.4% 53 41 36438.8% 110 75 75868.6%1826 13 30234.5% 41 29 45387.8% 67 42 42616.1%19981091.8% 11 19 8132.6% 20 27 27222.2%20731171.4% 10 8 13102.1% 17 11 11171.7%2110210.2% 55 19102.0%655111.1%2250120.4% 40840.8%90060.6%2300000.0% 00000.0%00000.0%2400000.0% 00000.0%00000.0%Total 154 473 515 512 100.0% 151 475 510 493 100.0% 305 948 948 1004 100.0%Northbound - EnterSouthbound - ExitBoth DirectionsCannery Access to Oak Street 350' West of Rouse Avenue0.0%2.0%4.0%6.0%8.0%10.0%12.0%14.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%2.0%4.0%6.0%8.0%10.0%12.0%14.0%16.0%18.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%2.0%4.0%6.0%8.0%10.0%12.0%14.0%123456789101112131415161718192021222324% AWTBegin HourHourly Variations Hour 7/1/2014 7/2/2014 7/3/2014 Average % of 7/1/2014 7/2/2014 7/3/2014Average % of 7/1/2014 7/2/2014 7/3/2014Average % ofBegin Tues Weds Thurs Weekday Weekday Tues Weds Thurs Weekday Weekday Tues Weds Thurs Weekday Weekday10000.0% 0 000.0% 0 000.0%20110.2% 0 320.5% 0 000.0%32010.3% 1 010.2% 3 330.5%40000.0% 0 000.0% 0 000.0%50000.0% 0 000.0% 0 000.0%66241.4% 1 110.4% 7 771.2%761293.1% 5 551.8% 11 11111.9%8714113.7% 3 16103.4% 10 10101.8%916 10134.5% 9 782.9% 25 25254.4%1023 16206.8% 25 17217.5% 48 48488.5%1123 25248.4% 25 23248.6% 48 48488.5%1231 17248.4% 17 18186.3% 48 48488.5%1325 19227.7%20 17196.6%45 45458.0%1414 29227.5%17 14165.5%31 31315.5%1523 27258.7%17 25217.5%0 40 40274.7%1623 26 26258.7% 30 27 302910.4% 53 53 53539.4%1737 40 303612.4% 18 26 17207.3% 55 66 666211.0%1822 30 19248.3% 31 29 272910.4% 53 59 595710.1%1911 17 16155.1% 23 25 14217.4% 34 42 42397.0%20311872.6% 20 27 22238.2% 23 38 38335.8%2122531.0% 10 4982.7% 12 6681.4%2222220.7% 35441.4%57761.1%2310210.3% 13431.0%23330.5%2410000.1% 10000.1%20010.1%Total 102 304 280 287 100.0% 137 286 273 280 100.0% 239 590 590 565 100.0%Northbound - EnterSouthbound - ExitBoth DirectionsCannery Access to Oak Street 900' West of Rouse Avenue0.0%2.0%4.0%6.0%8.0%10.0%12.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%2.0%4.0%6.0%8.0%10.0%12.0%14.0%1 2 3 4 5 6 7 8 9 101112131415161718192021222324% AWTBegin HourHourly Variations0.0%2.0%4.0%6.0%8.0%10.0%12.0%123456789101112131415161718192021222324% AWTBegin HourHourly Variations Appendix B Speed Statistics SPOT SPEED STUDY ANALYSIS (Counter) SITE :Rouse Avenue 500' South of Oak DIRECTION:Northbound DATE:June 30 to July 5, 2014 TIME:118 Hours SPEED SPEED CUMULATIVE RELATIVE CUMULATIVE VALUE FREQUENCY FREQUENCY FREQ (%) FREQ (%) 0 to 15 15 536 536 2.79% 2.79% 16 to 20 20 440 976 2.29% 5.07% 21 to 25 25 3400 4376 17.67% 22.74% 26 to 30 30 9953 14329 51.73% 74.47% 31 to 35 35 4092 18421 21.27% 95.73% 36 to 40 40 472 18893 2.45% 98.19% 41 to 45 45 118 19011 0.61% 98.80% 46 to 50 50 52 19063 0.27% 99.07% 51 to 55 55 28 19091 0.15% 99.22% 56 to 60 60 44 19135 0.23% 99.44% 61 to 65 65 56 19191 0.29% 99.73% 66 to 70 70 51 19242 0.27% 100.00% TOTAL VEHICLES =19242 MEAN SPEED =30.05 mph 85TH PERCENTILE =32.48 mph PACE SPEED =26 mph TO 35 mph Number of Vehicles in Pace =14045 % of Total Vehicles in Pace =73.0% RANGE SPEED 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% 120.00% 15 20 25 30 35 40 45 50 55 60 65PERCENTAGE OF VEHICLESSPEED (MILES/HOUR) SIGMOID CURVE SPOT SPEED STUDY ANALYSIS (Counter) SITE :Rouse Avenue 500' South of Oak DIRECTION:Southbound DATE:June 30 to July 5, 2014 TIME:118 Hours SPEED SPEED CUMULATIVE RELATIVE CUMULATIVE VALUE FREQUENCY FREQUENCY FREQ (%) FREQ (%) 0 to 15 15 794 794 3.95% 3.95% 16 to 20 20 971 1765 4.83% 8.77% 21 to 25 25 5475 7240 27.21% 35.98% 26 to 30 30 9179 16419 45.62% 81.60% 31 to 35 35 3016 19435 14.99% 96.59% 36 to 40 40 330 19765 1.64% 98.23% 41 to 45 45 103 19868 0.51% 98.74% 46 to 50 50 67 19935 0.33% 99.07% 51 to 55 55 33 19968 0.16% 99.23% 56 to 60 60 44 20012 0.22% 99.45% 61 to 65 65 48 20060 0.24% 99.69% 66 to 70 80 62 20122 0.31% 100.00% TOTAL VEHICLES =20122 MEAN SPEED =28.72 mph 85TH PERCENTILE =31.14 mph PACE SPEED =21 mph TO 30 mph Number of Vehicles in Pace =14654 % of Total Vehicles in Pace =72.8% RANGE SPEED 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% 120.00% 15 20 25 30 35 40 45 50 55 60 65PERCENTAGE OF VEHICLESSPEED (MILES/HOUR) SIGMOID CURVE SPOT SPEED STUDY ANALYSIS (Counter) SITE :Rouse Avenue 500' South of Oak DIRECTION:Both Directions DATE:June 30 to July 5, 2014 TIME:118 Hours SPEED SPEED CUMULATIVE RELATIVE CUMULATIVE VALUE FREQUENCY FREQUENCY FREQ (%) FREQ (%) 0 to 15 15 1330 1330 3.38% 3.38% 16 to 20 20 1411 2741 3.58% 6.96% 21 to 25 25 8875 11616 22.55% 29.51% 26 to 30 30 19132 30748 48.60% 78.11% 31 to 35 35 7108 37856 18.06% 96.17% 36 to 40 40 802 38658 2.04% 98.21% 41 to 45 45 221 38879 0.56% 98.77% 46 to 50 50 119 38998 0.30% 99.07% 51 to 55 55 61 39059 0.15% 99.23% 56 to 60 60 88 39147 0.22% 99.45% 61 to 65 65 104 39251 0.26% 99.71% 66 to 70 70 113 39364 0.29% 100.00% TOTAL VEHICLES =39364 750 MEAN SPEED =29.37 mph 85TH PERCENTILE =31.91 mph PACE SPEED =21 mph TO 30 mph Number of Vehicles in Pace =28007 % of Total Vehicles in Pace =71.1% RANGE SPEED 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% 120.00% 15 20 25 30 35 40 45 50 55 60 65PERCENTAGE OF VEHICLESSPEED (MILES/HOUR) SIGMOID CURVE SPOT SPEED STUDY ANALYSIS (Counter) SITE :Oak Street 1000' West of Rouse DIRECTION:Eastbound DATE:June 30 to July 5, 2014 TIME:118 Hours SPEED SPEED CUMULATIVE RELATIVE CUMULATIVE VALUE FREQUENCY FREQUENCY FREQ (%) FREQ (%) 0 to 15 15 4948 4948 31.44% 31.44% 16 to 20 20 140 5088 0.89% 32.33% 21 to 25 25 364 5452 2.31% 34.65% 26 to 30 30 1070 6522 6.80% 41.45% 31 to 35 35 3811 10333 24.22% 65.66% 36 to 40 40 4132 14465 26.26% 91.92% 41 to 45 45 999 15464 6.35% 98.27% 46 to 50 50 129 15593 0.82% 99.09% 51 to 55 55 42 15635 0.27% 99.36% 56 to 60 60 34 15669 0.22% 99.57% 61 to 65 65 36 15705 0.23% 99.80% 66 to 70 80 31 15736 0.20% 100.00% TOTAL VEHICLES =15736 MEAN SPEED =30.18 mph 85TH PERCENTILE =38.68 mph PACE SPEED =31 mph TO 40 mph Number of Vehicles in Pace =7943 % of Total Vehicles in Pace =50.5% RANGE SPEED 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% 120.00% 15 20 25 30 35 40 45 50 55 60 65PERCENTAGE OF VEHICLESSPEED (MILES/HOUR) SIGMOID CURVE SPOT SPEED STUDY ANALYSIS (Counter) SITE :Oak Street 1000' West of Rouse DIRECTION:Westbound DATE:June 30 to July 5, 2014 TIME:118 Hours SPEED SPEED CUMULATIVE RELATIVE CUMULATIVE VALUE FREQUENCY FREQUENCY FREQ (%) FREQ (%) 0 to 15 15 366 366 2.73% 2.73% 16 to 20 20 281 647 2.09% 4.82% 21 to 25 25 352 999 2.62% 7.44% 26 to 30 30 1841 2840 13.72% 21.16% 31 to 35 35 5163 8003 38.47% 59.63% 36 to 40 40 4353 12356 32.43% 92.06% 41 to 45 45 849 13205 6.33% 98.39% 46 to 50 50 103 13308 0.77% 99.16% 51 to 55 55 19 13327 0.14% 99.30% 56 to 60 60 22 13349 0.16% 99.46% 61 to 65 65 42 13391 0.31% 99.78% 66 to 70 70 30 13421 0.22% 100.00% TOTAL VEHICLES =13421 MEAN SPEED =35.65 mph 85TH PERCENTILE =38.91 mph PACE SPEED =31 mph TO 40 mph Number of Vehicles in Pace =9516 % of Total Vehicles in Pace =70.9% RANGE SPEED 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% 120.00% 15 20 25 30 35 40 45 50 55 60 65PERCENTAGE OF VEHICLESSPEED (MILES/HOUR) SIGMOID CURVE SPOT SPEED STUDY ANALYSIS (Counter) SITE :Oak Street 1000' West of Rouse DIRECTION:Both Directions DATE:June 30 to July 5, 2014 TIME:118 Hours SPEED SPEED CUMULATIVE RELATIVE CUMULATIVE VALUE FREQUENCY FREQUENCY FREQ (%) FREQ (%) 0 to 15 15 5314 5314 18.23% 18.23% 16 to 20 20 421 5735 1.44% 19.67% 21 to 25 25 716 6451 2.46% 22.13% 26 to 30 30 2911 9362 9.98% 32.11% 31 to 35 35 8974 18336 30.78% 62.89% 36 to 40 40 8485 26821 29.10% 91.99% 41 to 45 45 1848 28669 6.34% 98.33% 46 to 50 50 232 28901 0.80% 99.12% 51 to 55 55 61 28962 0.21% 99.33% 56 to 60 60 56 29018 0.19% 99.52% 61 to 65 65 78 29096 0.27% 99.79% 66 to 70 70 61 29157 0.21% 100.00% TOTAL VEHICLES =29157 750 MEAN SPEED =32.70 mph 85TH PERCENTILE =38.80 mph PACE SPEED =31 mph TO 40 mph Number of Vehicles in Pace =17459 % of Total Vehicles in Pace =59.9% RANGE SPEED 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% 120.00% 15 20 25 30 35 40 45 50 55 60 65PERCENTAGE OF VEHICLESSPEED (MILES/HOUR) SIGMOID CURVE Appendix C Capacity Calculations Appendix C-1 Existing Traffic Capacity Calculations HCM Analysis Summary Marvin & AssociatesR MarvinPaek PM Existing Analysis Duration: 15 mins.Oak Street/Rouse Avenue10/24/2014Case: Oak & Rouse Exist Area Type: Non CBD Lanes Geometry: Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB WB NB SB 2 1 1 1 2 1 3 1 LT 12.0 LTR 12.0 L 12.0 L 12.0 R 12.0 TR 12.0 T 12.0 R 12.0 East West North South LTRLTRLTRLTRData Movement Volume (vph) PHF % Heavy Vehicles Lane Groups Arrival Type RTOR Vol (vph) Peds/Hour % Grade Buses/Hour Parkers/Hour (Left|Right) LT 3 R 3 LTR 3 L 3 TR 3 L 3 T 3 R 3 220 0.88 2 1 0.88 2 195 0.88 2 1 0.50 2 1 0.50 2 1 0.50 2 236 0.89 2 356 0.89 2 1 0.89 2 1 0.86 2 383 0.86 2 174 0.86 2 60 5 0 0 --- --- 0 5 0 0 --- --- 0 5 0 0 --- --- 45 5 0 0 --- --- Signal Settings: Operational Analysis Cycle Length: Lost Time Per Cycle: Phase: EB WB NB SB Green Yellow All Red 12345678Ped Only LTP LTP LTP LTP LTP 0 20.0 3.0 1.5 15.0 3.0 0.0 23.0 3.0 1.5 Actuated 70.0 Sec 12.0 Sec Capacity Analysis Results Approach: App Group Lane Cap(vph)v/sRatio g/CRatio LaneGroup v/cRatio Delay(sec/veh) LOS Delay(sec/veh) LOSEB * L 398 0.180 0.286 L 0.628 24.1 C 22.6 C R 448 0.098 0.286 R 0.342 20.0 B WB LTR 505 0.003 0.286 LTR 0.012 17.9 B 17.9 B NB Lper 162 0.000 0.393 8.2 A * Lpro 379 0.150 0.214 L 0.490 9.0 A TR 1091 0.215 0.586 TR 0.368 7.7 A SB L 321 0.001 0.329 L 0.003 15.8 B 22.8 C * T 612 0.239 0.329 T 0.727 24.5 C R 516 0.095 0.329 R 0.291 17.6 B Intersection: Delay = 16.9sec/veh Int. LOS=B Xc= 0.69 * Critical Lane Group (v/s)Crit= 0.57SIG/Cinema v3.08 Marvin & Associates Page 1 NETSIM Summary Results Marvin & AssociatesR MarvinPaek PM Existing Oak Street/Rouse Avenue10/24/2014Case: Oak & Rouse Exist App Group Lane (veh)Avg/MaxPer LaneQueues (mph)SpeedAverage Period)(% of PeakWorst LaneSpillback in EB L 4 / 5 13.9 0.0 R 2 / 3 13.6 0.0 All 13.8 0.0 WB LTR 0 / 0 21.5 0.0 All 21.5 0.0 NB L 3 / 7 9.1 0.0 TR 3 / 5 19.0 0.0 All 15.4 0.0 SB L 0 / 0 0.0 0.0 T 6 / 8 13.6 0.0 R 1 / 3 17.2 0.0 All 14.0 0.0 Intersect. 14.4 SIG/Cinema v3.08 Marvin & Associates Page 2 220 1 195 1 1 1 236 356 1 1 383 174 1 20 23 1 20 23 2 15 03 3 22 23 3 22 23 HCM Analysis Summary Existing 2014R MarvinPeak PM Analysis Duration: 15 mins.Tamarack Street/Rouse Avenue01/06/2015Case: Rouse & Tamarack Exist Area Type: Non CBD Lanes Geometry: Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB WB NB SB 1 1 1 1 1 1 1 1 LTR 12.0 LTR 12.0 LTR 12.0 LTR 12.0 East West North South LTRLTRLTRLTRData Movement Volume (vph) PHF % Heavy Vehicles Lane Groups Arrival Type RTOR Vol (vph) Peds/Hour % Grade Buses/Hour Parkers/Hour (Left|Right) LTR 3 LTR 3 LTR 3 LTR 3 64 0.90 1 28 0.90 1 31 0.90 1 4 0.90 1 34 0.90 1 93 0.90 1 26 0.90 1 471 0.90 1 4 0.90 1 43 0.90 1 525 0.90 1 29 0.90 1 5 5 0 0 --- --- 20 5 0 0 --- --- 0 5 0 0 --- --- 5 5 0 0 --- --- Signal Settings: Operational Analysis Cycle Length: Lost Time Per Cycle: Phase: EB WB NB SB Green Yellow All Red 12345678Ped Only LTP LTP LTP LTP 0 15.0 3.5 1.5 35.0 3.5 1.5 Pretimed 60.0 Sec 10.0 Sec Capacity Analysis Results Approach: App Group Lane Cap(vph)v/sRatio g/CRatio LaneGroup v/cRatio Delay(sec/veh) LOS Delay(sec/veh) LOSEB * LTR 356 0.092 0.250 LTR 0.368 18.8 B 18.8 B WB LTR 422 0.073 0.250 LTR 0.291 18.3 B 18.3 B NB LTR 1046 0.310 0.583 LTR 0.532 9.5 A 9.5 A SB * LTR 1022 0.376 0.583 LTR 0.644 11.5 B 11.5 B Intersection: Delay = 11.9sec/veh Int. LOS=B Xc= 0.56 * Critical Lane Group (v/s)Crit= 0.47SIG/Cinema v3.08 Marvin & Associates Page 1 NETSIM Summary Results Existing 2014R MarvinPeak PM Tamarack Street/Rouse Avenue01/06/2015Case: Rouse & Tamarack Exist App Group Lane (veh)Avg/MaxPer LaneQueues (mph)SpeedAverage Period)(% of PeakWorst LaneSpillback in EB LTR 2 / 2 13.4 0.0 All 13.4 0.0 WB LTR 1 / 2 15.8 0.0 All 15.8 0.0 NB LTR 5 / 13 13.9 0.0 All 13.9 0.0 SB LTR 8 / 11 11.4 0.0 All 11.4 0.0 Intersect. 12.8 SIG/Cinema v3.08 Marvin & Associates Page 2 64 28 31 4 34 93 26 471 4 43 525 29 1 14 24 1 14 24 2 34 24 2 34 24 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/2/2015 Analysis Time Period Peak PM Intersection Rouse & Cannery Access Jurisdiction Bozeman Analysis Year 2014 Existing Project Description Cannery Development East/West Street: Cannery Access North/South Street: Rouse Avenue Intersection Orientation: North-South Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)35 542 523 15 Peak-Hour Factor, PHF 0.92 0.92 1.00 1.00 0.78 0.78 Hourly Flow Rate, HFR (veh/h)38 589 0 0 670 19 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)10 35 Peak-Hour Factor, PHF 0.60 1.00 0.60 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h)16 0 58 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (veh/h)38 74 C (m) (veh/h)915 327 v/c 0.04 0.23 95% queue length 0.13 0.85 Control Delay (s/veh)9.1 19.2 LOS A C Approach Delay (s/veh)----19.2 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/2/2015 3:33 PM Page 1 of 1Two-Way Stop Control 1/2/2015file:///C:/Users/Bob/AppData/Local/Temp/u2k80F3.tmp TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 10/24/2014 Analysis Time Period Peak PM Intersection Oak & 1st App. West Rouse Jurisdiction City of Bozeman Analysis Year 2014 Existing Project Description Cannery Development East/West Street: Oak Street North/South Street: 1st Access W Rouse Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)48 416 403 8 Peak-Hour Factor, PHF 0.90 0.90 1.00 1.00 0.90 0.90 Hourly Flow Rate, HFR (veh/h)53 462 0 0 447 8 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)51 Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 0.70 Hourly Flow Rate, HFR (veh/h)0 0 0 0 0 72 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 1 Configuration R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT R v (veh/h)53 72 C (m) (veh/h)1109 636 v/c 0.05 0.11 95% queue length 0.15 0.38 Control Delay (s/veh)8.4 11.4 LOS A B Approach Delay (s/veh)----11.4 Approach LOS ----B Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 10/24/2014 4:29 PM Page 1 of 1Two-Way Stop Control 10/24/2014file:///C:/Users/Bob/AppData/Local/Temp/u2kA9DB.tmp TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 10/24/2014 Analysis Time Period Peak PM Intersection Oak & 2nd App. West Rouse Jurisdiction City of Bozeman Analysis Year 2014 Existing Project Description Cannery Development East/West Street: Oak Street North/South Street: 2nd Access W Rouse Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)17 454 434 20 Peak-Hour Factor, PHF 0.90 0.90 1.00 1.00 0.90 0.90 Hourly Flow Rate, HFR (veh/h)18 504 0 0 482 22 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)10 8 Peak-Hour Factor, PHF 1.00 1.00 1.00 0.70 1.00 0.70 Hourly Flow Rate, HFR (veh/h)0 0 0 14 0 11 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT L R v (veh/h)18 14 11 C (m) (veh/h)1065 253 587 v/c 0.02 0.06 0.02 95% queue length 0.05 0.17 0.06 Control Delay (s/veh)8.4 20.1 11.2 LOS A C B Approach Delay (s/veh)----16.2 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 10/24/2014 4:34 PM Page 1 of 1Two-Way Stop Control 10/24/2014file:///C:/Users/Bob/AppData/Local/Temp/u2kA9DB.tmp Appendix C-2 Existing Plus Phase 1 Site Traffic HCM Analysis Summary Marvin & AssociatesR MarvinPaek PM Existing Plus Phase 1 Analysis Duration: 15 mins.Oak Street/Rouse Avenue10/24/2014Case: Oak & Rouse Exist Plus Phase 1 Area Type: Non CBD Lanes Geometry: Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB WB NB SB 2 1 1 1 2 1 3 1 LT 12.0 LTR 12.0 L 12.0 L 12.0 R 12.0 TR 12.0 T 12.0 R 12.0 East West North South LTRLTRLTRLTRData Movement Volume (vph) PHF % Heavy Vehicles Lane Groups Arrival Type RTOR Vol (vph) Peds/Hour % Grade Buses/Hour Parkers/Hour (Left|Right) LT 3 R 3 LTR 3 L 3 TR 3 L 3 T 3 R 3 229 0.88 2 1 0.88 2 209 0.88 2 1 0.50 2 1 0.50 2 1 0.50 2 245 0.89 2 356 0.89 2 1 0.89 2 1 0.86 2 383 0.86 2 177 0.86 2 60 5 0 0 --- --- 0 5 0 0 --- --- 0 5 0 0 --- --- 45 5 0 0 --- --- Signal Settings: Operational Analysis Cycle Length: Lost Time Per Cycle: Phase: EB WB NB SB Green Yellow All Red 12345678Ped Only LTP LTP LTP LTP LTP 0 20.0 3.0 1.5 15.0 3.0 0.0 23.0 3.0 1.5 Actuated 70.0 Sec 12.0 Sec Capacity Analysis Results Approach: App Group Lane Cap(vph)v/sRatio g/CRatio LaneGroup v/cRatio Delay(sec/veh) LOS Delay(sec/veh) LOSEB * L 398 0.187 0.286 L 0.653 25.0 C 23.1 C R 448 0.108 0.286 R 0.377 20.2 C WB LTR 505 0.003 0.286 LTR 0.012 17.9 B 17.9 B NB Lper 162 0.000 0.393 8.3 A * Lpro 379 0.155 0.214 L 0.508 9.1 A TR 1091 0.215 0.586 TR 0.368 7.7 A SB L 321 0.001 0.329 L 0.003 15.8 B 22.7 C * T 612 0.239 0.329 T 0.727 24.5 C R 516 0.097 0.329 R 0.297 17.6 B Intersection: Delay = 17.1sec/veh Int. LOS=B Xc= 0.70 * Critical Lane Group (v/s)Crit= 0.58SIG/Cinema v3.08 Marvin & Associates Page 1 NETSIM Summary Results Marvin & AssociatesR MarvinPaek PM Existing Plus Phase 1 Oak Street/Rouse Avenue10/24/2014Case: Oak & Rouse Exist Plus Phase 1 App Group Lane (veh)Avg/MaxPer LaneQueues (mph)SpeedAverage Period)(% of PeakWorst LaneSpillback in EB L 5 / 5 13.4 0.0 R 2 / 3 15.0 0.0 All 13.8 0.0 WB LTR 0 / 0 20.5 0.0 All 20.5 0.0 NB L 4 / 9 8.6 0.0 TR 3 / 6 19.8 0.0 All 15.3 0.0 SB L 0 / 0 0.0 0.0 T 6 / 8 13.8 0.0 R 1 / 3 18.5 0.0 All 14.2 0.0 Intersect. 14.5 SIG/Cinema v3.08 Marvin & Associates Page 2 229 1 209 1 1 1 245 356 1 1 383 177 1 20 23 1 20 23 2 15 03 3 22 23 3 22 23 HCM Analysis Summary Existing 2014 Plus Phase 1R MarvinPeak PM Analysis Duration: 15 mins.Tamarack Street/Rouse Avenue01/06/2015Case: Rouse & Tamarack Exist Plus Phase 1 Area Type: Non CBD Lanes Geometry: Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB WB NB SB 1 1 1 1 1 1 1 1 LTR 12.0 LTR 12.0 LTR 12.0 LTR 12.0 East West North South LTRLTRLTRLTRData Movement Volume (vph) PHF % Heavy Vehicles Lane Groups Arrival Type RTOR Vol (vph) Peds/Hour % Grade Buses/Hour Parkers/Hour (Left|Right) LTR 3 LTR 3 LTR 3 LTR 3 65 0.90 1 28 0.90 1 31 0.90 1 4 0.90 1 34 0.90 1 94 0.90 1 26 0.90 1 475 0.90 1 4 0.90 1 45 0.90 1 536 0.90 1 30 0.90 1 5 5 0 0 --- --- 20 5 0 0 --- --- 0 5 0 0 --- --- 5 5 0 0 --- --- Signal Settings: Operational Analysis Cycle Length: Lost Time Per Cycle: Phase: EB WB NB SB Green Yellow All Red 12345678Ped Only LTP LTP LTP LTP 0 15.0 3.5 1.5 35.0 3.5 1.5 Pretimed 60.0 Sec 10.0 Sec Capacity Analysis Results Approach: App Group Lane Cap(vph)v/sRatio g/CRatio LaneGroup v/cRatio Delay(sec/veh) LOS Delay(sec/veh) LOSEB * LTR 356 0.093 0.250 LTR 0.371 18.8 B 18.8 B WB LTR 422 0.074 0.250 LTR 0.294 18.4 B 18.4 B NB LTR 1046 0.313 0.583 LTR 0.536 9.6 A 9.6 A SB * LTR 1019 0.386 0.583 LTR 0.661 11.9 B 11.9 B Intersection: Delay = 12.1sec/veh Int. LOS=B Xc= 0.57 * Critical Lane Group (v/s)Crit= 0.48SIG/Cinema v3.08 Marvin & Associates Page 1 NETSIM Summary Results Existing 2014 Plus Phase 1R MarvinPeak PM Tamarack Street/Rouse Avenue01/06/2015Case: Rouse & Tamarack Exist Plus Phase 1 App Group Lane (veh)Avg/MaxPer LaneQueues (mph)SpeedAverage Period)(% of PeakWorst LaneSpillback in EB LTR 2 / 2 12.6 0.0 All 12.6 0.0 WB LTR 1 / 2 15.5 0.0 All 15.5 0.0 NB LTR 6 / 14 13.1 0.0 All 13.1 0.0 SB LTR 9 / 14 10.5 0.0 All 10.5 0.0 Intersect. 11.9 SIG/Cinema v3.08 Marvin & Associates Page 2 65 28 31 4 34 94 26 475 4 45 536 30 1 14 24 1 14 24 2 34 24 2 34 24 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/2/2015 Analysis Time Period Peak PM Intersection Rouse & Cannery Access Jurisdiction Bozeman Analysis Year Project Description Cannery Development East/West Street: Cannery Access North/South Street: Rouse Avenue Intersection Orientation: North-South Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)35 542 523 15 Peak-Hour Factor, PHF 0.92 0.92 1.00 1.00 0.78 0.78 Hourly Flow Rate, HFR (veh/h)38 589 0 0 670 19 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)10 35 Peak-Hour Factor, PHF 0.60 1.00 0.60 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h)16 0 58 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (veh/h)38 74 C (m) (veh/h)915 327 v/c 0.04 0.23 95% queue length 0.13 0.85 Control Delay (s/veh)9.1 19.2 LOS A C Approach Delay (s/veh)----19.2 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/7/2015 12:39 PM Page 1 of 1Two-Way Stop Control 1/7/2015file:///C:/Users/Bob/AppData/Local/Temp/u2kFFB7.tmp TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 10/24/2014 Analysis Time Period Peak PM Intersection Oak & 1st App. West Rouse Jurisdiction City of Bozeman Analysis Year 2014 Existing Plus Phase 1 Project Description Cannery Development East/West Street: Oak Street North/South Street: 1st Access W Rouse Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)48 439 412 8 Peak-Hour Factor, PHF 0.90 0.90 1.00 1.00 0.90 0.90 Hourly Flow Rate, HFR (veh/h)53 487 0 0 457 8 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)51 Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 0.70 Hourly Flow Rate, HFR (veh/h)0 0 0 0 0 72 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 1 Configuration R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT R v (veh/h)53 72 C (m) (veh/h)1099 627 v/c 0.05 0.11 95% queue length 0.15 0.39 Control Delay (s/veh)8.4 11.5 LOS A B Approach Delay (s/veh)----11.5 Approach LOS ----B Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 10/24/2014 4:31 PM Page 1 of 1Two-Way Stop Control 10/24/2014file:///C:/Users/Bob/AppData/Local/Temp/u2kA9DB.tmp TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 10/24/2014 Analysis Time Period Peak PM Intersection Oak & 2nd App. West Rouse Jurisdiction City of Bozeman Analysis Year 2014 Existing Plus Phase 1 Project Description Cannery Development East/West Street: Oak Street North/South Street: 2nd Access W Rouse Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)34 454 434 34 Peak-Hour Factor, PHF 0.90 0.90 1.00 1.00 0.90 0.90 Hourly Flow Rate, HFR (veh/h)37 504 0 0 482 37 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)38 42 Peak-Hour Factor, PHF 1.00 1.00 1.00 0.80 1.00 0.80 Hourly Flow Rate, HFR (veh/h)0 0 0 47 0 52 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT L R v (veh/h)37 47 52 C (m) (veh/h)1052 233 581 v/c 0.04 0.20 0.09 95% queue length 0.11 0.73 0.29 Control Delay (s/veh)8.5 24.3 11.8 LOS A C B Approach Delay (s/veh)----17.7 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 10/24/2014 4:39 PM Page 1 of 1Two-Way Stop Control 10/24/2014file:///C:/Users/Bob/AppData/Local/Temp/u2kA9DB.tmp Appendix C-3 Existing Plus Phases 1 thru 4 Capacity Calculations HCM Analysis Summary Marvin & AssociatesR MarvinPeak PM Existing Plus Phase 123&4 Analysis Duration: 15 mins.Oak Street/Rouse Avenue10/24/2014Case: Oak & Rouse Exist Plus Phase 1_4 Area Type: Non CBD Lanes Geometry: Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB WB NB SB 2 1 1 1 2 1 3 1 LT 12.0 LTR 12.0 L 12.0 L 12.0 R 12.0 TR 12.0 T 12.0 R 12.0 East West North South LTRLTRLTRLTRData Movement Volume (vph) PHF % Heavy Vehicles Lane Groups Arrival Type RTOR Vol (vph) Peds/Hour % Grade Buses/Hour Parkers/Hour (Left|Right) LT 3 R 3 LTR 3 L 3 TR 3 L 3 T 3 R 3 232 0.88 2 1 0.88 2 225 0.88 2 1 0.50 2 1 0.50 2 1 0.50 2 254 0.89 2 356 0.89 2 1 0.89 2 1 0.86 2 397 0.86 2 177 0.86 2 70 5 0 0 --- --- 0 5 0 0 --- --- 0 5 0 0 --- --- 45 5 0 0 --- --- Signal Settings: Operational Analysis Cycle Length: Lost Time Per Cycle: Phase: EB WB NB SB Green Yellow All Red 12345678Ped Only LTP LTP LTP LTP LTP 0 20.0 3.0 1.5 15.0 3.0 0.0 23.0 3.0 1.5 Actuated 70.0 Sec 12.0 Sec Capacity Analysis Results Approach: App Group Lane Cap(vph)v/sRatio g/CRatio LaneGroup v/cRatio Delay(sec/veh) LOS Delay(sec/veh) LOSEB * L 398 0.190 0.286 L 0.663 25.4 C 23.3 C R 448 0.112 0.286 R 0.393 20.3 C WB LTR 505 0.003 0.286 LTR 0.012 17.9 B 17.9 B NB Lper 149 0.000 0.393 8.6 A * Lpro 379 0.161 0.214 L 0.540 9.8 A TR 1091 0.215 0.586 TR 0.368 7.7 A SB L 321 0.001 0.329 L 0.003 15.8 B 23.7 C * T 612 0.248 0.329 T 0.755 25.8 C R 516 0.097 0.329 R 0.297 17.6 B Intersection: Delay = 17.7sec/veh Int. LOS=B Xc= 0.72 * Critical Lane Group (v/s)Crit= 0.60SIG/Cinema v3.08 Marvin & Associates Page 1 NETSIM Summary Results Marvin & AssociatesR MarvinPeak PM Existing Plus Phase 123&4 Oak Street/Rouse Avenue10/24/2014Case: Oak & Rouse Exist Plus Phase 1_4 App Group Lane (veh)Avg/MaxPer LaneQueues (mph)SpeedAverage Period)(% of PeakWorst LaneSpillback in EB L 5 / 7 13.3 0.0 R 2 / 3 15.9 0.0 All 13.8 0.0 WB LTR 0 / 0 22.7 0.0 All 22.7 0.0 NB L 3 / 8 9.7 0.0 TR 3 / 5 20.2 0.0 All 16.2 0.0 SB L 0 / 0 0.0 0.0 T 6 / 8 13.0 0.0 R 1 / 2 17.2 0.0 All 13.5 0.0 Intersect. 14.5 SIG/Cinema v3.08 Marvin & Associates Page 2 232 1 225 1 1 1 254 356 1 1 397 177 1 20 23 1 20 23 2 15 03 3 22 23 3 22 23 HCM Analysis Summary Existing 2014 Plus Phase 123&4R MarvinPeak PM Analysis Duration: 15 mins.Tamarack Street/Rouse Avenue01/06/2015Case: Rouse & Tamarack Exist Plus Phase 4 Area Type: Non CBD Lanes Geometry: Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB WB NB SB 1 1 1 1 1 1 1 1 LTR 12.0 LTR 12.0 LTR 12.0 LTR 12.0 East West North South LTRLTRLTRLTRData Movement Volume (vph) PHF % Heavy Vehicles Lane Groups Arrival Type RTOR Vol (vph) Peds/Hour % Grade Buses/Hour Parkers/Hour (Left|Right) LTR 3 LTR 3 LTR 3 LTR 3 66 0.90 1 28 0.90 1 31 0.90 1 4 0.90 1 34 0.90 1 94 0.90 1 26 0.90 1 476 0.90 1 4 0.90 1 46 0.90 1 543 0.90 1 31 0.90 1 5 5 0 0 --- --- 20 5 0 0 --- --- 0 5 0 0 --- --- 5 5 0 0 --- --- Signal Settings: Operational Analysis Cycle Length: Lost Time Per Cycle: Phase: EB WB NB SB Green Yellow All Red 12345678Ped Only LTP LTP LTP LTP 0 15.0 3.5 1.5 35.0 3.5 1.5 Pretimed 60.0 Sec 10.0 Sec Capacity Analysis Results Approach: App Group Lane Cap(vph)v/sRatio g/CRatio LaneGroup v/cRatio Delay(sec/veh) LOS Delay(sec/veh) LOSEB * LTR 355 0.094 0.250 LTR 0.375 18.9 B 18.9 B WB LTR 422 0.074 0.250 LTR 0.294 18.4 B 18.4 B NB LTR 1045 0.314 0.583 LTR 0.538 9.6 A 9.6 A SB * LTR 1018 0.391 0.583 LTR 0.671 12.1 B 12.1 B Intersection: Delay = 12.3sec/veh Int. LOS=B Xc= 0.58 * Critical Lane Group (v/s)Crit= 0.48SIG/Cinema v3.08 Marvin & Associates Page 1 NETSIM Summary Results Existing 2014 Plus Phase 123&4R MarvinPeak PM Tamarack Street/Rouse Avenue01/06/2015Case: Rouse & Tamarack Exist Plus Phase 4 App Group Lane (veh)Avg/MaxPer LaneQueues (mph)SpeedAverage Period)(% of PeakWorst LaneSpillback in EB LTR 2 / 2 13.2 0.0 All 13.2 0.0 WB LTR 1 / 2 15.6 0.0 All 15.6 0.0 NB LTR 6 / 13 13.0 0.0 All 13.0 0.0 SB LTR 8 / 14 11.9 0.0 All 11.9 0.0 Intersect. 12.7 SIG/Cinema v3.08 Marvin & Associates Page 2 66 28 31 4 34 94 26 476 4 46 543 31 1 14 24 1 14 24 2 34 24 2 34 24 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/2/2015 Analysis Time Period Peak PM Intersection Rouse & Cannery Access Jurisdiction Bozeman Analysis Year 2014 + Phases 1,2,3,&4 Project Description Cannery Development East/West Street: Cannery Access North/South Street: Rouse Avenue Intersection Orientation: North-South Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)35 554 535 24 Peak-Hour Factor, PHF 0.92 0.92 1.00 1.00 0.78 0.78 Hourly Flow Rate, HFR (veh/h)38 602 0 0 685 30 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)26 35 Peak-Hour Factor, PHF 0.65 1.00 0.65 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h)40 0 53 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (veh/h)38 93 C (m) (veh/h)895 245 v/c 0.04 0.38 95% queue length 0.13 1.69 Control Delay (s/veh)9.2 28.4 LOS A D Approach Delay (s/veh)----28.4 Approach LOS ----D Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/6/2015 4:05 PM Page 1 of 1Two-Way Stop Control 1/6/2015file:///C:/Users/Bob/AppData/Local/Temp/u2k74B0.tmp TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/6/15 Analysis Time Period Peak PM Intersection Oak & 1st App. West Rouse Jurisdiction City of Bozeman Analysis Year 2014 Existing + Phase 1,2,3,&4 Project Description Cannery Development East/West Street: Oak Street North/South Street: 1st Access W Rouse Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)67 444 412 20 Peak-Hour Factor, PHF 0.90 0.90 1.00 1.00 0.90 0.90 Hourly Flow Rate, HFR (veh/h)74 493 0 0 457 22 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)17 106 Peak-Hour Factor, PHF 1.00 1.00 1.00 0.80 1.00 0.80 Hourly Flow Rate, HFR (veh/h)0 0 0 21 0 132 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h)74 153 C (m) (veh/h)1085 490 v/c 0.07 0.31 95% queue length 0.22 1.32 Control Delay (s/veh)8.6 15.6 LOS A C Approach Delay (s/veh)----15.6 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/6/2015 4:14 PM Page 1 of 1Two-Way Stop Control 1/6/2015file:///C:/Users/Bob/AppData/Local/Temp/u2kF69.tmp TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/6/15 Analysis Time Period Peak PM Intersection Oak & 2nd App. West Rouse Jurisdiction City of Bozeman Analysis Year 2014 Existing + Phase 1,2,3,&4 Project Description Cannery Development East/West Street: Oak Street North/South Street: 2nd Access W Rouse Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)41 467 479 36 Peak-Hour Factor, PHF 0.90 0.90 1.00 1.00 0.90 0.90 Hourly Flow Rate, HFR (veh/h)45 518 0 0 532 40 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)57 44 Peak-Hour Factor, PHF 1.00 1.00 1.00 0.80 1.00 0.80 Hourly Flow Rate, HFR (veh/h)0 0 0 71 0 54 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT L R v (veh/h)45 71 54 C (m) (veh/h)1004 205 542 v/c 0.04 0.35 0.10 95% queue length 0.14 1.46 0.33 Control Delay (s/veh)8.8 31.6 12.4 LOS A D B Approach Delay (s/veh)----23.3 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/6/2015 4:19 PM Page 1 of 1Two-Way Stop Control 1/6/2015file:///C:/Users/Bob/AppData/Local/Temp/u2k71A4.tmp Appendix C-4 Existing Plus Intermediate Phases Oak Street & Rouse Avenue Accesses TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/6/15 Analysis Time Period Peak PM Intersection Oak & 2nd App. West Rouse Jurisdiction City of Bozeman Analysis Year 2014 Existing + Phase 1&2 Project Description Cannery Development East/West Street: Oak Street North/South Street: 2nd Access W Rouse Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)37 460 449 34 Peak-Hour Factor, PHF 0.90 0.90 1.00 1.00 0.90 0.90 Hourly Flow Rate, HFR (veh/h)41 511 0 0 498 37 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)37 28 Peak-Hour Factor, PHF 1.00 1.00 1.00 0.80 1.00 0.80 Hourly Flow Rate, HFR (veh/h)0 0 0 46 0 34 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT L R v (veh/h)41 46 34 C (m) (veh/h)1037 221 568 v/c 0.04 0.21 0.06 95% queue length 0.12 0.76 0.19 Control Delay (s/veh)8.6 25.5 11.7 LOS A D B Approach Delay (s/veh)----19.7 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/9/2015 4:58 PM Page 1 of 1Two-Way Stop Control 1/9/2015file:///C:/Users/Bob/AppData/Local/Temp/u2kF9C4.tmp TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/6/15 Analysis Time Period Peak PM Intersection Oak & 2nd App. West Rouse Jurisdiction City of Bozeman Analysis Year 2014 Existing + Phase 1,2,&3 Project Description Cannery Development East/West Street: Oak Street North/South Street: 2nd Access W Rouse Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)37 466 479 34 Peak-Hour Factor, PHF 0.90 0.90 1.00 1.00 0.90 0.90 Hourly Flow Rate, HFR (veh/h)41 517 0 0 532 37 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)37 29 Peak-Hour Factor, PHF 1.00 1.00 1.00 0.80 1.00 0.80 Hourly Flow Rate, HFR (veh/h)0 0 0 46 0 36 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT L R v (veh/h)41 46 36 C (m) (veh/h)1006 209 543 v/c 0.04 0.22 0.07 95% queue length 0.13 0.81 0.21 Control Delay (s/veh)8.7 27.0 12.1 LOS A D B Approach Delay (s/veh)----20.5 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/9/2015 4:55 PM Page 1 of 1Two-Way Stop Control 1/9/2015file:///C:/Users/Bob/AppData/Local/Temp/u2kF9C4.tmp TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/2/2015 Analysis Time Period Peak PM Intersection Rouse & Cannery Access Jurisdiction Bozeman Analysis Year 2014 + Phases 1&2, Project Description Cannery Development East/West Street: Cannery Access North/South Street: Rouse Avenue Intersection Orientation: North-South Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)35 542 521 24 Peak-Hour Factor, PHF 0.92 0.92 1.00 1.00 0.78 0.78 Hourly Flow Rate, HFR (veh/h)38 589 0 0 667 30 Percent Heavy Vehicles 0 ----0 ---- Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)18 35 Peak-Hour Factor, PHF 0.65 1.00 0.65 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h)27 0 53 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (veh/h)38 80 C (m) (veh/h)909 281 v/c 0.04 0.28 95% queue length 0.13 1.14 Control Delay (s/veh)9.1 22.8 LOS A C Approach Delay (s/veh)----22.8 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/9/2015 5:02 PM Page 1 of 1Two-Way Stop Control 1/9/2015file:///C:/Users/Bob/AppData/Local/Temp/u2k28A.tmp Appendix C-5 Existing Plus Phases 1 thru 4 Oak Street & Rouse Avenue With TWLTLs TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/2/2015 Analysis Time Period Peak PM Intersection Rouse & Cannery Access Jurisdiction Bozeman Analysis Year 2014 + Phases 1-4 w/ TWLTL Project Description Cannery Development East/West Street: Cannery Access North/South Street: Rouse Avenue Intersection Orientation: North-South Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)35 554 535 24 Peak-Hour Factor, PHF 0.92 0.92 1.00 1.00 0.78 0.78 Hourly Flow Rate, HFR (veh/h)38 602 0 0 685 30 Percent Heavy Vehicles 0 ----0 ---- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)26 35 Peak-Hour Factor, PHF 0.65 1.00 0.65 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h)40 0 53 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (veh/h)38 93 C (m) (veh/h)895 364 v/c 0.04 0.26 95% queue length 0.13 1.00 Control Delay (s/veh)9.2 18.3 LOS A C Approach Delay (s/veh)----18.3 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/9/2015 5:05 PM Page 1 of 1Two-Way Stop Control 1/9/2015file:///C:/Users/Bob/AppData/Local/Temp/u2kF40A.tmp TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin Associates Date Performed 1/6/15 Analysis Time Period Peak PM Intersection Oak & 2nd App. West Rouse Jurisdiction City of Bozeman Analysis Year Existing + Phase 1-4 TWLTL Project Description Cannery Development East/West Street: Oak Street North/South Street: 2nd Access W Rouse Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)41 467 479 36 Peak-Hour Factor, PHF 0.90 0.90 1.00 1.00 0.90 0.90 Hourly Flow Rate, HFR (veh/h)45 518 0 0 532 40 Percent Heavy Vehicles 0 ----0 ---- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)57 44 Peak-Hour Factor, PHF 1.00 1.00 1.00 0.80 1.00 0.80 Hourly Flow Rate, HFR (veh/h)0 0 0 71 0 54 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%)0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT L R v (veh/h)45 71 54 C (m) (veh/h)1000 340 546 v/c 0.05 0.21 0.10 95% queue length 0.14 0.77 0.33 Control Delay (s/veh)8.8 18.4 12.3 LOS A C B Approach Delay (s/veh)----15.7 Approach LOS ----C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 1/9/2015 5:08 PM Page 1 of 1Two-Way Stop Control 1/9/2015file:///C:/Users/Bob/AppData/Local/Temp/u2kC08C.tmp Appendix D Left-turn Lane Warrants Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Cannery District Covenants 13 C-41-M Returnto: CDP Management,LLC 1006WestMain Street Bozeman,Montana59715 2556366 Page:1 of 40 09102/20161235:42PM Fee:$280.00CharlotteMills-GallatinCounty,MT MISC Hilllllllllillilllll|IllIlllllillilllllllklillllllllillillllIIIIIIIllilli DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FOR THE CANNERY DISTRICT TABLE OF CONTENTS SECTION 1. DEFINITIONS..................................................4 SECTION 2 PROPERTY SUBJECT TO DECLARATION;PROPERTY RIGHTS.............................................7 2.1 The Property;GeneralDeclaration......................................................7 2.2 PropertyRights........................ .........................7 2.3 Delegation..............................................................................................7 2.4 TransferofCommon PropertytoAssociation.........................................................................7 2.5 SubdivisionandConsolidationofLots.................................................7 SECTION 3 DECLARANT'S RIGHTS ..................................................................................7 3.1 RighttoTransfer............................................................................................7 3.2 LimitationsonDeclarant...........................................................7 3.3 AuthorizationRequired........................ . ...........................8 SECTION 4 CANNERY DISTRICTPROPERTY OWNERS ASSOCIATION................................................8 4.1 CreationandPurpose...........................................................................................8 4.2 MembershipinAssociation..............................................8 4.3 MembershipInterest................................................9 4.4 VotingRights.............................................................................10 4.5 Voting;Quorum......................................................................10 4.6 Declarant'sRighttoAppointMajorityofBoard...................................................................10 4.7 PowersandDutiesoftheAssociation...............................................11 SECTION 5 ASSESSMENTS,BUDGET & LIENS....................... .........................12 5.1 AssessmentsandOwners'ObligationtoPay..................................................12 5.2 ComputationofGeneralAssessment.................................................13 5.3 ComputationofLimitedAssessments........................ .......................14 5.4 SpecialAssessments........................................................14 5.5 ReserveBudgetandCapitalContribution.................................................15 5.6 DateofCommencement ofAssessments........................ .......................15 5.7 LienofAssessments;Foreclosure..............................................15 5.8 SubordinationoftheLientoFirstMortgages........................................................................15 5.9 ExemptProperty........................................................16 5.10 AssessmentObligationofDeclarant........................ ........................16 -1- SECTION 5 MAINTENANCE ..................................................................16 6.1 Association'sMaintenanceResponsibility..............................................16 6.2 Owners'MaintenanceResponsibility................................................17 6.3 NoxiousWeeds................................................18 6.4 StormWaterMaintenancePlan................................................................18 SECTION 7 COMMON PROPERTY.................................................20 7.1 DescriptionofCommon Property.............................................................20 7.2 Intent......................................................................................................21 7.3 RightofAccess...............................................21 SECTION 7 USE RESTRICTIONSAND RULES ...................................................................................21 8.1 Generally......................... ...............................21 8.2 Laws andOrdinances.................................................................................................21 8.3 Inspection.................................................................................................21 8.4 OperationsandUses............................................................................................21 8.5 ProhibitedUses............................................................................21 8.6 PermittedUses......................................................23 8.7 Generaluseprovisions........................ .........................23 8.8 Construction..................................................................................................25 8.9 Parking............................................................................................26 SECTION 9. DESIGN REVIEW PROCESS AND PROCEDURES ..............................................26 9.1 DesignReviewCommittee......................................................................26 9.2 DRC ReviewRequired.................................................... .......................26 9.3 EmploymentofArchitects,EngineersorOtherPersons.......................................................26 9.4 ReviewFeeandAddress..................................................................................................26 9.5 DesignGuidelines.................................................................26 9.6 PlanReviewandApproval...................................................27 9.7 RighttoInspect..............................................27 9.8 ConstructionCompliance............................... ..... ......................27 9.9 NoticeofNoncomplianceorNon completion................................................27 9.10 No Liability.............................................................28 SECTION 10. INSURANCE AND CASUALTY LOSSES................................................28 10.1 InsuranceonCommon Property...............................................28 10.2 OtherInsurance.......................................................................................29 10.3 Damage andDestruction.....................................................................30 10.4 DisbursementofProceeds...............................................30 10.5 RepairandReconstruction...................................................................................................30 10.6 PropertyInsuredby Owners;Damage andDestruction......................... ..........................30 SECTION 11 CONDEMNATION ...........................................31 SECTION 12 ANNEXATION AND WITHDRAWAL OF PROPERTY.................................................31 12.1 Annexationby Declarant...................................................31 12.2 Annexationby Association........................ .. ......................31 12.3 AdditionalCovenantsandEasements............................................31 12.4 WithdrawalofProperty........................ . .... .......................32 12.5 Amendment..................................................32 SECTION 13 MORTGAGEE PROVISIONS..................................................................................................32 13.1 PriorityofFirstMortgages................................................................................................32 13.2 NoticestoEligibleLenders.......................... ... ........................32 13.3 NoticetoAssociation................................................32 13.4 FailureofMortgageetoRespond.......................... ........................32 SECTION 14. EASEMENTS........................................................33 14.1 EasementsReservedtoDeclarant......................... .......................33 -2- 14.2 EasementsforEncroachment........................................................ .............................33 14.3 EasementsforOverhang.................................................................................33 14.4 EasementforMaintenanceandRepairofLotImprovements.............................................34 14.5 EasementsforInstallationofCommon Property.................................................34 14.6 EasementforMaintenanceofCommon Property................................................................34 14.7 EasementsforUse andEnjoymentofCommon Property.................................................34 SECTION 15. ENFORCEMENT ................................................35 15.1 Owner'sCompliance.....................................................................................................35 15.2 Remedies.......................................................35 15.3 Attorney'sFees..............................................36 15.4 No Waiver.......................... ..........................36 SECTION 16. GENERAL PROVISIONS............................................... .........................36 16.1 CovenantstoRun withLand,Duration,BindingEffect....................... ........................36 16.2 Amendment..........................................................................................36 16.3 VarianceandWaiver.......................................................................................37 16.4 Partition....................................................................................................................37 16.5 CanneryDistrictandNorthside-UseofTerms....................................................................37 16.6 Disclaimer..................................... . ........................38 16.7 NoticeofSaleorTransferofTitle..............................................................38 16.8 ProperNoticetoOwner orMortgagee........................ ......................38 16.9 No Dedication..................................................38 16.10Severability...................................................................................................38 16.11Captions..............................................................................................38 16.12CumulativeEffect............................. ..........................38 16.13Interpretation........................................................................................38 DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS THIS DECLARATION ismade a T'L.,2016,by CANNERY DISTRICT PARTNERS, LLC,a Montana limitedliabilityq6mpany,1006 West Main Street,Bozeman,Montana 59715 ("Declarant"). RECITALS A. Declarantisthe owner of realproperty("Propertv")in GallatinCounty,Montana,describedas follows: LotsE, F,G, H, J,K, L, M, N,and O;Common Open Space Lots 1,2,3,and 4;and Right-of-WayTractLots 5 and 6 of Amended SubdivisionPlatC-41--Matractof land beingportionsof Block 2 and Block 3 of the Imes Additionto Bozeman including Tract3-A of COS 2128B allthatlienorthof PlatsC-41-D and C-41-K which is consideredEast Oak Streetand alllocatedwithinthe City of Bozeman,and also includingTracts1,2,and 3 of COS 2877,excludingand exceptingMDT Buy/Sell Parcel#59 (Document No.2507007)of which lieinGallatinCounty ofwhich allare furtherdescribedasbeinglocatedwithintheNW% and SW% ofSection6,Township 2 South,Range 6 East,PMM,GallatinCounty,Montana,accordingtotheofficialplat thereofon fileand of recordintheofilceoftheCounty Clerkand Recorder,Gallatin County,Montana. B. Declaranthas subdividedthe Propertyintosmallertractsand lotsfor purposesof resaleor development.Developerhas establishedaplannedunitdevelopment("PUD")forthePropertyand intendsthatthePropertybe developedprincipallyasa commercialand businesspark.The Property -3- may alsoincludemixed-usebuildingswith both commercialspaceand residentialdwellings.The developmentisknown asthe"CanneryDistrict." C.DeclarantintendstodevelopthePropertyinfour(4)Phases(eacha "Phase").The landcomprising Phase2 presentlylieswithinthecitylimitsoftheCityofBozeman.Phases 1,3,and 4 presentlylie outsidethecitylimitsinGallatinCounty,and theywillbe annexed intotheCitypursuantto the provisionsofan AnnexationDistrictAgreement forCannery DistrictPropertydatedJuly20,2015 and recordedintherecordsofGallatinCounty,Montana,underDocument No. 2518673 D.The existingbuildingsin Phase 1 of the development were historicallyused fora pea canning facilityand subsequentlyforvariousothercommercialand lightindustrialuses.Declarantdesires to retaincertainarchitecturaland designaspectsassociatedwith the Property'spastuses,to the extentthatsuchcharacteristicsareconsistentwiththecontemplatedusesoftheProperty. E.Declarantdesiresto subjectthePropertyand thesubdivisionsthereoftoprotectiveand restrictive covenants,conditions,restrictions,easements,reservations,and guidelines(collectivelythe "Covenants").The requirementssetforthin the Covenants shallmeet or exceed the minimum requirementsand standardsof allapplicablestateand localregulationsand ordinancesgoverning subdivisionand zoning. NOW, THEREFORE,Declaranthereby declaresthattheProperty,and otherlandsthatmay be added to the Propertypursuantto a SupplementalDeclarationand the proceduressetforthherein,shallbe developed,owned, held,sold,conveyed,encumbered,leased,used,and occupiedsubjecttothefollowing Covenants.The Covenantsshallrunwiththelandand shallbe bindingupon and inuretothebenefitofall personshavingany right,titleorinterestintheProperty(orany partthereof)and theirheirs,successors, and assigns.The Covenantsareimposed upon thePropertyforthepurposesofprotectingand enhancing the value and desirabilityof the Property,maintaininga consistentcharacterand architecturaltheme, regulatingthedevelopmentand useoftheProperty,and providingfortheadministrationand maintenance oftheCommon Property. SECTION 1. DEFINITIONS Unlessthecontextrequiresotherwise,thefollowingdefinitionsshallpertainthroughoutthisDeclaration and intheinterpretationthereof: *"AdditionalPropertv"means and refersto realpropertyin Bozeman,GallatinCounty,Montana, describedassetforthintheattachedExhibitA. *"Assessment"means theassessmentsdescribedand authorizedinSection5 ofthisDeclaration. *"Association"means the Cannery DistrictPropertyOwners Association,a Montana non-profit corporationtobe createdby DeclarantasprovidedinSection4.The Associationshallconsistofall of the Owners,as Members,actingas a group and in accordancewith thisDeclarationand the Bylaws. *"Board ofDirectors"or"Board" isthe electedbod oftheAssociationand thetermshallhave its normal meaning underMontana corporatelaw. *"Bylaws"mean theBylaws oftheAssociation,astheymay be amended from timetotime. *"Cannery DistrictReview Committee" or "CDRC"means thecommittee establishedpursuantto Section9 for architectural,design,and siteplanreview and approvalof proposed construction, alteration,addition,and erectionofImprovementstotheProperty. -4- *"Common Propertv"means allrealand personalproperty,includingtheCommon Open Space Lots and easements,thattheAssociationowns,leasesorotherwiseholdspossessoryoruserightsinfor thecommon use and enjoyment ofthe Owners,includingbutnotlimitedtoroadways,walkways, trails,entranceareas,utilitylinesand connections,landscapedareas,patios,parkingareas,median strips,curbs,drainagecoursesand storm water facilities,privaterights-of-wayand easements, utilityand drainageeasements,common areaand signlighting,and signlocationareasand signs locatedthereon. *"Common Expenses"isan inclusiveterm referringtobothGeneralCommon Expensesand Limited Common Expenses. *"Common Open Space Lot"or "Common Open Space Lots"mean theLot or Lots identifiedas such on the PUD plat.Upon conveyance of such Lots to the Associationpursuantto this Declaration,the Lots shallbe owned in feeby theAssociationand shallbecome a partof the Common Property. *"Covenants"shallhavethemeaning setforthinRecitalE. *"Declarant"means Cannery DistrictPartners,LLC,a Montana limitedliabilitycompany,and any successorsand assignscontrolledby or under common controlwith Cannery DistrictPartners, LLC. *"DeclarantControlPeriod"means theperiodoftimedescribedinSection4.6. *"Declaration"means thisdocument and allpartsattachedtheretoorincorporatedby reference. *"Desien Guidelines"means the standards,restrictions,and specificationsreferredto inSection9 that govern the construction,placement,location,alteration,maintenance or design of any ImprovementstotheProperty,and allamendments theretoatthetimeofreference. *"GeneralAssessments"means AssessmentsleviedagainstallLotson thePropertytofundGeneral Common Expenses. *"GeneralCommon Expenses"means the expenses incurredby the Associationforthe general benefitof allLot Owners,includingany reasonablereserve(s),allas may be found necessaryand appropriateby theBoard pursuanttothisDeclaration,theBylaws,and theArticlesofIncorporation oftheAssociation. *"Improvements"means and includes,butisnotlimitedto,buildingsand roofedstructures,changes inany exteriormaterials,coloror shape of buildings,parkingareas,loadingareas,fences,walls, driveways,walkways,patio areas,hedges, landscaping,poles,signs,lighting,and any new constructionor exteriorrenovationsignificantlyalteringthe appearanceoftheseimprovements.It shallnot includepublicutilities,landscapematerialreplacements,or any otherreplacementor repairthatdoes not change exteriorcolorsor exteriorappearances.Itshallincludeboth original improvementsand alllaterchangesand improvements. *"Law" means alllaws,ordinances,requirements,orders,proclamations,directives,codes,rules,and regulationsof any governmental authoritythat affectthe Property,the Improvements,this Declaration,or any Person'srightsand remediesunderthisDeclarationinany way.The term shall includeLaw inforceatthedateof thisDeclarationor passed,enactedor imposed atsome later time,subjectin all cases, however,to any applicablewaiver,variance or exemption. "Governmental authority"as used inthisparagraphshallincludeany agency,authority,bureau, -5 - department,quasi-governmentalbody or other entityor instrumentalityhaving or claiming jurisdictionovertheProperty. *"LimitedAssessments"means AssessmentsleviedagainstparticularLotstofundLimitedCommon Expenses,asmore particularlydescribedinSection5 hereof. *"LimitedCommon Expenses"means the expensesincurredby theAssociationforthebenefitof Owners offewerthanalloftheLots.The Board shalldeterminewhat expensesbenefitfewerthan allLots,which determinationshallbe conclusive.Limited Common Expenses may includea reasonablereserveforcapitalrepairsand replacementsand shallbe specificallyauthorizedby the Board inaccordancewithSection5 hereof. *"Lot"means a fractionalartofthesubdividedPr e asde ictedon latsrecordedfrom timeto timeinthePublicRecords. *"Majority"means those votes,owners,members or othergroup,as the contextmay indicate, totalingmore than50% ofthetotalMember Votesand/orPercentMembership Interest. *"Member" means a Personentitledtomembership intheAssociation,as providedherein. *"Member Votes"means thevotesassignedtoeachLot by thisDeclaration,asamended from time totime.See Section4.3. *"Mortgage"means a mortgage,a deed of trust,trustindentureor other,similarform of consensual securityinterestorconsensuallienintendedassecurityforan obligation. *"Mortgagee"means abeneficiaryorholderofa Mortgage. *"Occupant"means a Tenant or licenseeof an Owner,or any otherpersonor entityotherthanan Owner inlawfulpossessionof a LotwiththepermissionoftheOwner. *"Owner" means DeclarantorotherPersonwho owns therecordtitletoany Lot,butexcludinginall casesany partyhavingan interestintheLot solelyas securityforan obligation.Ifa Lot issold undera contractofsalewitha recordednoticeof purchaser'sinterest,and thecontractspecifically so provides,thenthepurchaser(ratherthantheholderof thelegalinterest)shallbe deemed the Owner. Iftheentiretyof a Lot and allImprovements thereonaresubjecttoa single,writtenlease witha primaryterm inexcessoften(10)years(notincludingextensionorrenewalterms)and the leasespecificallyso provides,thenupon filinga copy oftheLeasewiththeBoard of Directors,the Tenant (ratherthan the fee owner)willbe deemed the Owner forthe purpose of exercisingall privilegesofmembership intheAssociation *"PercentMembershic Interest"means themembership interestintheAssociationallocatedby this Declarationtoa Lot.See Section4.3. *"Person"means a natural erson,cor oration,limitedliabilitcom an artnershi,association, trust,otherentityorany combinationthereof. *"Phase"shallhavethemeaning setforthinRecitalC. *"Propertv"shallhave themeaning setforthinRecitalA and additionallymeans theland,buildings, improvements and structuresthereon,and alleasements,rightsand appurtenancesbelonging thereto,which isherebysubjectedtotheprovisionsofthisDeclaration. -6- *"PublicRecords"means therecordson fileand ofrecordintheofficeoftheClerkand Recorder, GallatinCounty,Montana. *"SupplementalDeclaration"means an amendment or supplementtothisDeclarationexecutedby or consentedtoby DeclarantthatsubjectsAdditionalPropertytothisDeclaration.The Supplemental Declarationmay impose,expresslyor by reference,additionalrestrictionsand obligationsto the AdditionalPropertydescribedtherein. *"Tenant" means the owner of a leaseholdinterestin a part or allof the Property,or any Improvements locatedthereon. SECTION 2 PROPERTY SUBJECT TO DECLARATION;PROPERTY RIGHTS 2.1 The Property;General Declaration.DeclarantisthepresentrecordtitleholderoftheProperty. Upon recordingof thisDeclarationinthe PublicRecords,thePropertyshallbe owned, held, transferred,leased,sold,conveyed,hypothecated,encumbered,and occupiedby Declarant,and any subsequentOwner,Tenantor Occupantofallorany partthereof,subjecttotheCovenants. 2.2 Property Rights.Every Owner shallhave a rightand nonexclusiveeasementof use,access,and enjoyment inand totheCommon Property.The scope oftheeasementand therestrictionsand limitationson itsuse and enjoymentaresetforthinSection14.7. 2.3 Delegation.Any Owner may delegatesuchOwner's rightofuseand enjoymentoftheCommon PropertytoitsTenants,employees,and invitees,as applicable,subjecttoreasonableregulation by theBoard ofDirectorsand inaccordancewithprocedurestheBoard may adopt. 2.4 Transfer of Common Property toAssociation.The Common Propertylocatedwithina Phase of the Cannery Districtshallbe conveyed to the Associationwithinone (1)year of the first conveyance of a Lot in such Phase to any purchaserotherthan (i)Declarantor (ii)an entity controlledby orundercommon controlwithDeclarant. 2.5 Subdivisionand Consolidationof Lots.Afteritsinitialconveyanceby Declarant,no Lot may eitherbe subdividedintotwo ormore parcelsorbe consolidatedwith a contiguousLot without thepriorwrittenapprovaloftheAssociation.Iftheproposedsubdivisionorconsolidationoccurs duringtheDeclarantControlPeriod,Declarant'spriorwrittenapprovalshallalsobe required. Further,an Owner desiringto subdividea Lot or consolidateLots must comply with allLaws, particularlythosegoverninglandsubdivisionand platting. SECTION 3 DECLARANT'S RIGHTS 3.1 Right to Transfer.Any or allof the rightsand obligationsof Declarantsetforthin this DeclarationortheBylaws may be transferredorassignedinwhole orinparttoanotherPerson. Such Personwillthenassume thepositionofDeclarantpertainingtotheparticularrights,powers, easements,and reservationsassigned,providedthatthetransfershallnotreducean obligationnor enlargea rightbeyond thatwhich Declaranthas underthisDeclarationortheBylaws.No such transferor assignmentshallbe effectiveunlessitisina writteninstrumentsignedby Declarant and dulyrecordedinthePublicRecords.IfDeclarantconveys allofitsinterestinthePropertyto anotherPerson,Declarantshallbe relievedoftheperformanceof any furtherdutyor obligation hereunder,and such Person shallbe obligatedto perform allsuch dutiesand obligationsof Declarant. 3.2 Limitationson Declarant.DeclarantisdevelopingthePropertyforbusiness,commercial,and mixed-usecommercialpurposes.Certainbuildingson thePropertymay alsoincluderesidential -7- dwellings.Completion of thatwork and saleor otherdispositionof such developed land is essentialtotheestablishmentand welfareof thePropertyasa commercial,business,and mixed- use development.To facilitaterapidcompletionof theProperty'sdevelopment,nothingin this Declarationshallbe understoodorconstruedto: (a)PreventDeclarant,itscontractorsorsubcontractorsfrom doingtothePropertywhateveris reasonablynecessaryoradvisableinconnectionwiththecompletionofsaidwork; (b)PreventDeclarantoritsrepresentativesfrom constructingand maintainingstructureson the Propertyas may be reasonableand necessaryforcompletingthework of establishingthe Propertyas a commercial,business,and mixed use residentialpark and disposingof the same inparcelsby sale,leaseorotherwise; (c)PreventDeclarantfrom conductingon any partor partsof thePropertysuch businessas may be necessaryto completework and establishthePropertyasa commercial,business, and mixed useresidentialpark;or (d)PreventDeclarantfrom installingand maintainingsignson any partofthePropertyasmay be necessaryforthesale,leaseordispositionthereof. No actiontaken by Declarantpursuantto any provisionof thisSection3.2shallunreasonably interferewiththeOwner's rightsand useofsuchOwner's Lot. 3.3 AuthorizationRequired. (a)No personshallrecordany declarationofcovenants,conditionsand restrictionsorsimilar instrumentpurportingto affectany portionof thePropertyduringtheDeclarantControl Period without Declarant'sreview and consent.Any attemptedrecordationwithout Declarant'sconsentshallresultinsuch instrumentbeing void and of no forceand effect unlesssubsequentlyapprovedby writtenconsentsignedby Declarantand recordedinthe PublicRecords.Any additionalcovenantsorrestrictionsrecordedby any Personotherthan Declarantmay notbe lessrestrictivethanthetermsofthisDeclaration. (b)Notwithstandingany contraryprovisionof this Declaration,no amendment to or modificationof any use restrictionor Design Guidelineshallbe effectivewithoutprior noticetoand thewrittenapprovalof Declarantso long as Declarantowns any portionof theProperty. SECTION 4 CANNERY DISTRICT PROPERTY OWNERS ASSOCIATION 4.1 Creation and Purpose.Declarantshallincorporatethe Associationas a non-profitmutual benefitcorporation.Such incorporationshalloccurwithinone (1)year oftheinitialconveyance ofa Lot toa purchaserotherthanDeclarantand priorto Declarant'stransferand conveyanceof any realorpersonalpropertyinteresttotheAssociation.The Associationshallbe formed forthe purpose of administering,implementing,and enforcingthisDeclarationand operatingthe AssociationforthebenefitofitsMembers. 4.2 Membership in Association.All Owners shallbe Members of theAssociation.Each Owner shallbe deemed tohave an automatic,mandatory,non-severablemembership interestand voting rightin theAssociation.No Owner,whether one or more Persons,shallhave more than one membership interestper Lot owned.Members may exercisethe rightsand privilegesof membership subjecttotheprovisionsofthisDeclarationand theBylaws.Membership rightsheld by multipleindividuals,a corporation,limitedliabilitycompany, partnership,otherentityortrust shallbe exercisedby an individualdesignatedfrom time to time by the Owner in a written instrumentprovidedtotheAssociation'ssecretary. 4.3 Membership Interest. (a)PercentMembership Interest.The Associationshallhave a singleclassof membership. Each Owner shallhave themembership interest("PercentMembership Interest")assigned by thisDeclarationto such Owner's Lot.Except as providedin Paragraph4.4(b),the PercentMembership Interestshall(i)correlatetotheMember Votesthateach Owner will have inmattersthatcome beforetheAssociationfora vote;and (ii)be used as a basisin determining,among otherthings,each Owner's liabilityforAssessments.The Percent Membership InterestforeachLot isasshown inthefollowingtable: LotDesignation BuildingArea PercentMembership Member Votes (squarefeet)Interest E 28,333 17.694 17,694 F 15,751 9.837 9,837 G 19,324 12.068 12,068 H 2,100 1.312 1,312 J 13,400 8.368 8,368 K 10,720 6.694 6,694 L 26,500 16.549 16,549 M 16,000 9.992 9,992 N 10,000 6.245 6,245 O 18,000 11.241 11,241 Totals 160,128 100%100,000 Declarantreservestherightto adjustthePercentMembership Interestand Member Votes allocatedto each Lot at any time beforea Lot is conveyed to a purchaserotherthan Declarant.Declarantfurtherreservesthe rightto redistributeand reassignequitablythe PercentMembership Interestand Member Votes allocatedtoeachLot if(i)Lot boundary linesfor any Lot withinthe PUD are subsequentlyadjusted;(ii)the squarefootageof buildingsconstructedon one or more Lots materiallydepartsfrom Declarant'sestimates; (iii)theuse ofa Lot or buildingismateriallydifferentfrom theuse anticipatedor planned by Declarantor(iv)theAdditionalProperty,orany portionofit,isannexedtotheProperty asprovidedinSection12.1. (b) Phasing of Percent Membership InterestDuring Development.Notwithstandingthe provisionsofParagraph4(a),thePercentMembership Interestand Member Votesassigned to Lots G, J,K, L, M, N,and O priorto completionof development and/orbuilding renovationon thoseLots,forthepurposesof votingand forthecalculationofAssessments, shallbe asfollows: LotDesignation PercentMembership Member Votes InterestPriortoLot Development G 1.150 1,150 J 0.500 500 K 0.500 500 L 0.500 500 M 0.500 500 N 0.500 500 O 0.500 500 -9- Each of theseLots shallhave the Percent Membership Interestand Member Votes designatedin the tableabove untilthe earliestof the followingdates:(i)the date a certificateof occupancy (orequivalent)forany buildingconstructedand/orrenovatedon suchLot isissuedby theappropriategovernmentalauthority;(ii)the dateupon which any ofthespace ina buildingon such Lot isoccupiedby theOwner thereofor any Occupant forallowedcommercialorresidentialuses(theearliest,the"Occupancy Date").Thereafter, the Lot willhave the PercentMembership Interestand be assignedthe Member Votes designatedinParagraph4.3(a),and,forallLots,theeffectivepercentageresponsibilityfor Assessmentsand effectivevotingpercentageshallbe recalculated,alldeterminedpro rata as ofthefirstday ofthecalendarmonth duringwhich theOccupancy Dateoccurs. Priortocompletionofconstructionorrenovationofbuildingson any ofLotsG, J,K, L,M, N,and O,the effectivevotingpercentages,and PercentMembership Interestsfor the purposeofcalculatingAssessmentsshallbe asfollows: LotDesignation Percent EffectivePercentage Member Effective Membership Responsibilityfor Votes Voting Interest GeneralAssessments Percentage E 17.694 53.630 17,694 53.630 F 9.837 29.815 9,837 29.815 G 1.150 3.486 1,150 3.486 H 1.312 3.977 1,312 3.977 J 0.500 1.515 500 1.515 K 0.500 1.515 500 1.515 L 0.500 1.516 500 1.516 M 0.500 1.515 500 1.515 N 0.500 1.515 500 1.515 O 0.500 1.516 500 1.516 Totals 32.993 100%32,993 100% 4.4 Voting Rights.Except as provided in Paragraph 4.3(b),the totalnumber of votes in the Association("Member Votes")shallbe 100,000.Unlessa Member's voteisexpresslyexcluded ina particularmatterby thisDeclaration,each Member shallbe entitledto castthenumber of Member Votes allocatedtosuch Member's Lot inany matterthatcomes beforetheAssociation fora vote.The initialnumber of Member Votes allocatedto each Lot isshown inParagraph 4.3(a).In any situationwhere a Member isentitledtoexercisetheMembers Votes fora Lot and more thanone Personholdsthe membership interestinsuch Lot,such Member Votes shallbe castasthosePersonsdetermineamong themselves,and theyshalladvisetheSecretaryinwriting ator priorto any meeting as to who isauthorizedto casesuch votes.In the absenceof such advice,theLot'svoteshallbe suspendedifmore thanone individualseekstoexerciseit.The Member VotesallocatedtoeachLotmay notbe split. 4.5 Voting;Quorum.Meetings of the Associationshallonly be conductedwhen a quorum is present,asdefinedintheBylaws.Except asspecificallyprovidedotherwiseinthisDeclarationor theBylaws,when Members votetotakeactionon a matter,a Majorityof Member Votes shall carry. 4.6 Declarant'sRight to Appoint Majority ofBoard. UntilDecember 31,2025,oruntilsuchtime as seventy-fivepercent(75%)oftheAssociation'sMembership Interesthas been conveyed toa personotherthanDeclarant(oran entitycontrolledby orundercommon controlwithDeclarant), whicheverfirstoccurs("DeclarantControlPeriod"),Declarantreservesthe right(butshallnot -10 - have theobligation)toappointand remove allofthemembers oftheBoard.Thisrightshallexist notwithstandingthe provisionsof thisDeclarationand the Bylaws governingthe electionand removal of directors.Board members appointedby Declarantmay be Members,officers, employees or agents of Declarantand need not be Lot Owners.Declarantmay,in itssole discretion,temporarilyorpermanentlyrelinquishitsrighttoappointand remove alloftheBoard atany timeduringtheDeclarantControlPeriod. 4.7 Powers and Duties of the Association.In additionto the powers and dutiesprovided for elsewhereinthisDeclarationand theBylaws,theAssociation,actingthroughitsBoard forthe mutualbenefitoftheOwners,shallgenerallyhave thepowers and dutiesnecessaryorincidental totheoperationand management oftheAssociationand theCommon Propertyincluding,without limitation,thefollowingpowers and duties: (a)Take such actionto enforcetheterms and provisionsof thisDeclarationby appropriate means,including,butnotlimitedto: (i) Expenditureoffunds; (ii) Employment oflegalcounsel,accountingservices,and management services;and (iii)Commencement and prosecutionoflegalorequitablecausesofaction. (b)Maintainand otherwisemanage the Common Propertyand itsfacilities,improvements, grounds,and landscaping; (c)Obtain landscapemaintenance servicesand otherserviceswhich in the opinionof the Associationshallbe necessaryand properforthebenefitoftheCommon Property; (d)Borrow fundstopay costsofoperationsecuredby assignmentorpledgeofitsrightsagainst delinquentOwners; (e)Enterintocontractsforlegal,management, security,and accountingservices (f)Maintainone ormore accountsinbanksorotherfinancialinstitutions; (g)EnterintocontractsforsecurityservicesforallorportionsoftheProperty. (h)In orderto not unduly impede thefurtherdevelopment of theProperty,monitorexisting and potentialfutureuseoftheProperty. (i)Take actiontoprotectordefendthePropertyfrom lossordamage by suitorotherwise; (j)Establishand maintaina workingcapitaland contingencyfund; (k)Make an annualreportavailableto each Owner and any Mortgagee withina reasonable timeafterreceiptofa writtenrequest; (1) Delegateitspowers and dutiestocommittees,officersoremployees; (m) Employ personnelformaintenanceoftheCommon Property;and (n) Employ a manager orcontractwith independentcontractorsor managing agentswho have professionalexperienceto perform allor any partofthedutiesand responsibilitiesofthe -11 - Association;provided,thatany contractwitha personor entityappointedas manager or managing agentshallbe terminablewithoutcause or penaltyon not more than 30 days writtennoticeby theAssociation. SECTION 5 ASSESSMENTS,BUDGETS & LIENS 5.1 Assessmentsand Owners'ObligationtoPay. (a)CreationofAssessments.AssessmentsareherebycreatedforAssociationexpensesasmay from timetotime specificallybe authorizedby theBoard ofDirectors,tobe commenced at thetimeand inthemanner setforthinSection5.6hereof.Each Owner,by acceptanceofa deedorrecordedcontractofsaleforany portionoftheProperty,isdeemed tocovenantand agreetopay theseAssessments. (b) TypesofAssessments.There shallbe threetypesof Assessments:(i)GeneralAssessments tofundGeneralCommon Expenses forthebenefitof allMembers oftheAssociation;(ii) LimitedAssessmentsforLimitedCommon ExpensesbenefitingfewerthanallMembers of theAssociation,and (iii)SpecialAssessmentsas describedinSection5.4below.General Assessmentsshallbe leviedon allLots from timeto time subjecttothisDeclaration,as providedin Section5.2 below. Limited Assessments shallbe leviedagainstallLots benefitingfrom theservicessupportedtherebyas providedin Section5.3below.Special Assessmentsshallbe leviedasprovidedinSection5.4below.The Board ofDirectorsshall have the finalauthorityto determinewhich type of Assessment willbe used to cover particularAssociationexpenses. (c)Manner ofPayment.Assessmentsshallbe paidinsuchmanner and on suchdatesasmay be fixedby theBoard ofDirectorsand,iftheBoard soelects,Assessmentsmay be paidintwo or more installments.UnlesstheBoard otherwiseprovides,the GeneralAssessment and any LimitedAssessment shallbe due and payableinadvanceon thefirstday ofeachfiscal year.Assessmentsor any installmentthereofnot paid 30 days afterthedue dateshallbe deemed delinquent.Ifany Owner isdelinquentinpayingany Assessmentorothercharge leviedon itsLot,theBoard may requireany unpaidinstallmentsoftheannualAssessment and/orany otherAssessmentstobe paidinfullimmediately. (d)CertificateofPayment.The Associationshall,upon demand at any time,furnishto any Owner liableforany typeofAssessmenta certificateinwritingsignedby an officerofthe Associationsettingforthwhethersuch Assessmenthas been paid asto any particularLot. Such certificateshallbe conclusiveevidence of payment to the Associationof any Assessmentsthereinstatedto have been paid.The Associationmay requiretheadvance payment ofareasonableprocessingfeefortheissuanceofsuchcertificate. (e)No Waiver or SetoffNo Owner may waive or otherwiseexempt itselffrom liabilityfor Assessmentsby non-use of the Common Property,abandonment of a Lot or any other means. The obligationto pay Assessmentsisa separateand independentcovenanton the partofeachOwner. No diminutionorabatementofAssessmentorset-offshallbe claimed orallowedby reasonofany allegedfailureoftheAssociationorBoard totakesome action or perform some fiction requiredtobe takenor performedby theAssociationor Board underthisDeclarationorthe Bylaws,or forinconvenienceordiscomfortarisingfrom the making of repairsor improvements thatarethe responsibilityoftheAssociation,orfrom any actiontakentocomply withany applicableLaw. -12 - 5.2 Computation ofGeneral Assessment. (a)PreparationofBudget.The Board shall,atleast60 daysbeforethebeginningofeachfiscal year,prepare a budget covering the estimatedGeneral Common Expenses of the Associationduring the coming year.The budget shallincludea capitalcontribution establishinga reservefund inaccordancewitha budgetseparatelyprepared,asprovidedin Section5.5hereof. (b)Content of Budget.The budget may include,but shallnot be limitedto,the following expenses: (i)Costofmaintenanceand operationoftheCommon Property; (ii) Expenses ofmanagement; (iii)Taxes and specialgovernmentalassessments; (iv)Insurancepremiums forinsurancecoverageas deemed desirableor necessaryby the Association; (v) Landscaping,careofgrounds,common lighting; (vi)Repairsand renovationsoftheCommon Property; (vii)Common waterand utilitycharges; (viii)Legaland accountingfees; (ix) Management fees; (x) Propertysecurity; (xi) Expenses and liabilitiesincurredby the Associationunder or by reasonof this Declaration; (xii)Payment ofany deficitremainingfrom a previousassessmentperiod;and (xiii)WithinthelimitationsofthisDeclaration,thecreationofa reasonablecontingencyor otherreserveor surplusfund formaintenance,repairand replacementof Common Propertyimprovementson a periodicbasis,asneeded. (c) ComputationoflndividualLot GeneralAssessments.The GeneralAssessmenttobe levied for the coming year againsteach Lot subjectto Assessment shallbe computed by multiplyingthebudgeted GeneralCommon Expenses by thePercentMembership Interest allocatedtoeachLot. (d) ApprovalofBudget.The Board shallcausea copy oftheGeneralCommon Expense budget and noticeoftheamount oftheGeneralAssessmenttobe leviedagainsteachLot forthe followingyeartobe deliveredtoeachOwner atleast30 dayspriortothebeginningofthe fiscalyear.Such budgetand Assessmentshallbecome effectiveunless(i)disapprovedata meetingoftheMembers by Members representingatleasta MajorityoftheMember Votes in theAssociation,or (ii)disapprovedby DeclarantduringtheDeclarantControlPeriod. There shallbe no obligationto calla meeting forthe purposeof consideringthebudget -13 - excepton petitionof the Members fora specialmeeting made in accordancewith the Bylaws.The petitionmust be presentedto the Board within10 days of deliveryof the noticeofAssessments.Notwithstandingtheforegoing,however,iftheproposedbudgetis disapprovedortheBoard failsforany reasonsotodeterminethebudgetforany year,then and untilsuchtimeasa budgetshallhave been determinedas providedherein,thebudget in effectforthe immediatelyprecedingyear shallcontinueforthecurrentyear,and the GeneralAssessmentforthecurrentyearshallbe basedon theprecedingyearbudget. 5.3 Computation ofLimited Assessments. (a) SeparateBudgetfor LimitedCommon Expenses.The Board shall,atleast60 days before thebeginningofeachfiscalyear,preparea separatebudgetcoveringtheestimatedLimited Common Expenses to be incurredby the Associationduringthe coming year.Limited Common Expenses may be leviedby the AssociationagainstparticularLots where the Board has determinedthatcertainAssociationexpendituresbenefitonly such Lots.Such budget may includea capitalcontributionestablishinga reservefund for repairand replacementofcapitalitems,as appropriate. (b) Computationof IndividualLot SpecialAssessments.LimitedCommon Expenses shallbe allocatedamong allLotsbenefitedtherebyproportionatelybasedupon eachLot'srelative PercentMembership Interestor in such othermanner as the Board determinesismore equitable.The Assessment forLimited Common Expenses shallbe leviedas a Limited Assessment. (c) Approval of LimitedCommon Expenses Budget.The Board shallcausea copy of such budgetand noticeoftheamount oftheLimitedAssessmenttobe leviedon eachLot forthe coming yearto be deliveredto each Owner of a Lot subjectto a LimitedAssessment at least30 days priortothe beginningof thefiscalyear.Such budgetand assessmentshall become effectiveunless (i)disapprovedat a meeting of the Members by Members representingatleasttwo-thirdsoftheMember Votes allocatedtotheLot(s)subjecttothe Assessment,or (ii)disapprovedby DeclarantduringtheDeclarantControlPeriod.There shallbe no obligationtocalla meetingforthepurposeofconsideringthebudgetexcepton petitionof Owners of atleastone of theLots subjectto theLimitedAssessment.Ifthe proposedbudget forany LimitedCommon Expense isdisapprovedor theBoard failsfor any reasonso todeterminethebudget forany year,thenand untilsuch timeas a budget shallhave been determinedas providedherein,the budget in effectforthe immediately precedingyearshallcontinueforthecurrentyear. 5.4 SpecialAssessments. (a) Purpose.The Association,actingthrough itsBoard of Directors,may levy Special Assessmentsagainstallor lessthanalloftheLotsforthefollowingpurposes:(i)tocure insufficienciesintheGeneralAssessmentsdue toextraordinaryexpensesnotcontemplated intheGeneralAssessment budgetfora fiscalyear;(ii)foradditionalcapitalimprovements or acquisitionsof Common Property;(iii)formajor repairsor renovationsof existing Common PropertywithinthePUD (otherthanthosecontemplatedby thereservebudget createdunder Section5.5);and/or(iv)to offsetan extraordinaryexpense createdby an Owner's particularuseofone ormore Lots. (b)SpecialAssessmentsAffectingthe EntireMembership.The Board may levy Special Assessments againstallLots from time to time,providedthatthe totalamount of the SpecialAssessment leviedduringany fiscalyearshallnotexceedthegreaterof(i)$20,000 or (ii)twenty-five(25%) percentoftheGeneralCommon Expense budgetforsuch fiscal -14 - year.Any SpecialAssessment in excessof such limitationshallbe effectiveonly upon approvalby a MajorityoftheMember Votes and,iftheSpecialAssessmentismade during theDeclarantControlPeriod,thewrittenconsentofDeclarant.SpecialAssessmentslevied againstthe entiremembership shallbe allocatedamong the Lots proportionatelybased upon thePercentMembership InterestallocatedtoeachLot. (c) SpecialAssessmentsAffectingLessThan AllMembers. The Associationmay levya Special Assessment againstany one ormore (butlessthanall)Lots (i)to offsetan extraordinary expensecreatedby a particularuseofone ormore Lots;or(ii)toreimbursetheAssociation forcostsincurredinbringinga Lot orMember intocompliancewiththeprovisionsofthe Declaration,Bylaws or Associationrules.A SpecialAssessment may be leviedupon the voteoftheBoard afternoticetotheMember and an opportunityfora hearing. 5.5 Reserve Budget and Capital Contribution.The Board of Directorsshallannuallypreparea reservebudgettotakeintoaccountthenumber and natureof replaceableassets,theexpectedlife ofeachasset,and theexpectedrepairorreplacementcost.The Board shallsettherequiredcapital contributioninan amount sufficienttopermitmeetingtheprojectedneedsoftheAssociation,as shown on the budget,with respectboth to amount and timingby annualGeneralAssessments over the periodof the budget.The capitalcontributionrequired,ifany,shallbe fixedby the Board and includedwithinand distributedwiththeapplicablebudgetand noticeofAssessments, asprovidedinthisSection5. 5.6 Date ofCommencement ofAssessments.The obligationtopay Assessmentsshallcommence as toeachLoton thefirstday ofthemonth followingthemonth inwhich theLot ismade subjectto thisDeclaration.Untilthe Associationmakes such Assessments,Declarantshallpay allthe expensesoftheAssociation.Assessmentsshallbe due and payableina manner and on a schedule as theBoard of Directorsmay provide.The firstAssessment leviedon a Lot shallbe adjusted accordingto the number of months remaining in the fiscalyear at the time Assessments commence on theLot. 5.7 Lien ofAssessments;Foreclosure.AllAssessments,togetherwithinterestata rateof 10.0%per annum computed from thedatea delinquencyfirstoccurs,latecharges,costs,and reasonable attorney'sfees,shallbe a chargeon thelandand shallbe a continuinglienupon theLot against which each Assessment ismade untilpaid.Each such Assessment,togetherwith interest,late charges,costs,and reasonableattorney'sfees,shallalsobe thepersonalobligationoftheOwner oftheLot atthetimetheAssessmentarose,and,iftitleistransferred,suchOwner's granteeshall be jointlyand severallyliableforsuch portionthereofas may be due and payableatthetimeof conveyance,exceptno firstMortgagee who obtainstitleto a Lot pursuantto the remedies provided in the Mortgage shallbe liablefor unpaid Assessmentsthataccruedpriorto such acquisitionoftitle.The Associationmay recorda noticeoflienagainsttheLot(s)and (i)bringa claimforreliefagainsttheOwner personallyobligatedtopay thesame and/or(ii)foreclosethe lienagainsttheLot(s)inthesame manner as providedby law fortheforeclosureof a mortgage on realproperty.The Associationshallbe entitledinany such proceedingsto recoveritscosts and expenses,includingbut not limitedto reasonableattorney'sfees.Ifa defaultforwhich a noticeof lienwas filediscured,theAssociationshallfilea releaseof such notice;provided, however,thatthe defaultingOwner shallbe responsibleforthe costs(includingreasonable attorney'sfees)ofpreparingand filingsuchrelease. 5.8 SubordinationoftheLien toFirstMortgages.The lienof Assessments,includinginterest,late charges,and costs(includingreasonableattorney'sfees)providedforherein,shallbe superiorto allotherliensand encumbrances,exceptfor taxes,assessments,and specialassessmentliens imposed on thePropertyby a statutoryauthority,otherstatutoryliens,and the lienof a first Mortgage upon any Lot.The saleor transferof any Lot shallnot affecttheAssessment lien, -15 - exceptthatthesaleortransferofany Lot pursuanttojudicialornon-judicialforeclosureofa first Mortgage shallextinguishthelienof suchAssessmentsastopayments thatbecame due priorto such saleor transfer.No saleor transfershallrelievesuch Lot from lienrightsfor any Assessmentsthereafterbecoming due.Where theMortgageeholdinga firstMortgage ofrecordor otherpurchaserof a Lot obtainstitlepursuantto judicialor non-judicialforeclosureof the Mortgage,itshallnot be liablefortheshareof theCommon Expenses or Assessmentsby the Associationchargeableto such Lot which became due priorto such acquisitionof title.Such unpaid shareof Common Expenses or Assessments shallbe deemed to be Common Expenses collectiblefrom Owners ofalltheLots,includingsuchacquirer,itssuccessorsand assigns. 5.9 Exempt Property.Notwithstandinganythingtothecontraryherein,thefollowingpropertyshall be exempt from payment ofAssessments: (a)AllCommon Property;and (b)Unlessotherwisedeterminedby theAssociation,allpropertydedicatedtoand acceptedby any governmentalauthorityorpublicutility. 5.10 Assessment Obligation of Declarant.After the commencement of General Assessments, Declarant,on behalfof itselfand itssuccessorsand assigns,covenantsand agreestopay thefull amount ofAssessmentsprovidedhereinforeach Lot thatitowns.Notwithstandinganythingto thecontraryherein,Declarantmay contributeAssessmentsdue from itinservicesormaterialsor a combinationof servicesand materials,ratherthan in money (collectively,an "in kind contribution").The amount by which Assessmentsshallbe decreasedasa resultof any inkind contributionshallbe thefairmarketvalueof thecontribution.IfDeclarantand theAssociation agree as tothevalueof any contribution,thevalueshallbe as agreed.IftheAssociationand Declarantcannotagreeastothevalueofany contribution,DeclarantshallsupplytheAssociation witha detailedexplanationof theserviceperformedand materialfurnished,and theAssociation shallacquirebids for performing like servicesand furnishinglikematerialsfrom three independentcontractorsapproved by Declarantwho are in the businessof providingsuch servicesand materials.IftheAssociationand Declarantarestillunableto agreeon thevalueof the contribution,the value shallbe deemed to be the average of the bidsreceivedfrom the independentcontractors. SECTION 6 MAINTENANCE 6.1 Association'sMaintenance Responsibility.The Associationshallmaintain the Common Propertyand keep itin good repair.Maintenanceshallbe funded by Assessmentsas provided herein.The Associationshallbe responsiblefor maintenance,repair,and replacementof all landscaping,structures,and improvementsnow orhereafterlocatedupon theCommon Property, including,withoutlimitation,thefollowing: (a) Irrigationoflawn and landscapedareas; (b)Maintenanceoflawn and landscapedareasforattractiveappearance; (c)Maintenanceofirrigationsystems; (d)Maintenance of driveways and parkingareas,includingcleaning,curb repair,striping, resurfacing,etc.; (e)Maintenanceofstormdrainageconveyanceand treatmentsystems; -16 - (f)Maintenanceofwalkways and trails; (g)Snow removalfrom parkingareas,roadways,and walkways; (h)Maintenanceofarealightingsystems; (i)Maintenanceofcommon signs;and (j)Maintenanceofgarbageand trashcontainersincommon refusedisposalareas. Performanceby the Associationshallinno way relievean Owner or Occupant from primary responsibilitiesformaintenancereferredto inSection6.2hereof.EasementsoverthePropertyas arereasonablynecessarytoenabletheAssociation,and itsagents,contractors,and employees,to accessand inspectthe Propertyand to fulfillresponsibilitiesunder thisSectionare hereby reservedtotheAssociation. 6.2 Owners' Maintenance Responsibility. (a)Owners' Maintenance.Each Owner shallatalltimesmaintainitsLot and allstructuresand otherImprovements locatedthereonin good order and repair,in a safe,clean,and wholesome condition,and freeof debris.Such maintenanceobligationshallinclude,but shallnotbe limitedto: (i) Promptlyremoving alllitter,trash,refuse,and wastes; (ii) Maintainingtheexteriorof allstructuresand otherImprovements ingood condition and repair; (iii)Keeping Improvements,exteriorlighting,and maintenancefacilitiesingood repair and workingorder; (iv) RepaintingofImprovements; (v) Keeping lawn and landscapedareasalive,freeofweeds,and attractive; (vi) Keeping parking,loadingareas,and drivewaysingood repair; (vii)Removing snow from walkways,driveways,and parkingareas; (viii)Complying with allapplicablegovernmental,health,fire,and safetyregulations, codes,regulations,requirements,and directives; (b)Maintenance of Common PropertyDamaged by Misuse.Except to the extentthatsuch damage iscoveredby theAssociation'sinsurance,eachOwner shallbe responsibleforthe costsofmaking allrepairsand replacementstotheCommon Propertyproximatelycaused by the willfulmisuse or the negligenceof such Owner,or itsTenants,Occupants, employees,agents,and invitees. (c)Destructionof Improvements on Lots.Ifthe Improvements on any Lot are totallyor partiallydamaged or destroyedby fireor any othercause,each Lot Owner covenantsand agreesto commence allnecessaryrepairs,reconstructionor complete removal of the damaged Improvements withinthree(3)months of the datethe damage occursand to continuediligentlysuch repairs,reconstructionor removal untilcompleted within a -17 - reasonabletime from the commencement of such work.Delays in commencement of constructionmay be grantedforgood causeatthesolediscretionoftheAssociation. (d) Repairs;Replacements.Allrepairs,alterations,replacementsoradditionstoImprovements shallbe at leastequal to the originalwork in classand quality.The adequacy of such repairsshallbe measured by the same standardsrequiredforthe originalconstruction. Maintenancework shallbe incompliancewiththeDesign Guidelinesand,dependingupon thescope of work,may be subjectto priorreviewand approvalof the Cannery District Review Committee. (e)Enforcement;Remedies.Ifan Owner failsto performproperlysuch Owner's maintenance responsibilities,the Associationmay perform them and assessallcostsincurredby the AssociationagainsttheLot and theOwner.However,exceptwhere entryisrequireddue to an emergency situation,theAssociationshallaffordtheOwner reasonablenoticeand an opportunityto curethe problem priorto entry.The noticeshallsetforthwith reasonable particularitythe maintenance,repairsorreplacementsdeemed necessary.The Owner shall have 10 days withinwhich tocomplete such maintenance,repairsor replacements.Ifthe maintenance,repairsor replacementsarenotreasonablycapableof completionwithinthe 10-dayperiod,theOwner shallcommence such work promptly and diligentlyproceedto completeitwithina reasonabletime.IftheOwner does not comply withtheprovisions hereof,theAssociationshallhave the rightand power toenterontotheLot and perform such maintenance,repairsorreplacementswithoutany liabilitytoany Personfordamages forwrongfulentry,trespassor otherwise.The Owner of the Lot on which the work is performedshallbe liable(jointlyand severally,ifmore thanone)forthecostofsuchwork and shallpromptlyreimbursethe Associationforsuch cost,togetherwith interestatthe same rateas providedfordelinquentassessments,costsand expensesof collection,court costs,and reasonableattorney'sfees(collectively"charges").The chargesshallalsobe a continuinglienagainsttheLot on which thework was performed.IftheOwner failsto reimbursetheAssociationwithin30 days afterreceiptof a statementforsuch work from the Association,the Associationmay record a noticeof lien againstthe Lot. The Associationmay foreclosethe lieninthesame manner as alien forAssessments,and it shallbe entitledto recover,in additionto the charges,allcostsand expenses of lien enforcement,includingcourtcostsand reasonableattorney'sfees. 6.3 Noxious Weeds. The controlofnoxiousweeds by theAssociationon thoseareasforwhich the Associationisresponsibleand thecontrolofnoxiousweeds by eachOwner on itsrespectiveLot shallbe assetforthand specifiedundertheMontana Noxious Weed ControlAct (Montana Code AnnotatedSections7-22-2101through7-22-2153)and therulesand regulationsoftheGallatin County Weed ControlDistrict.The Associationisresponsibleforcontrolof stateand county declarednoxious weeds in and on the Common Open Space Lots.Each Owner shallbe responsibleforthe controlof the stateand county declarednoxious weeds on itsLot.Both unimproved and improved Lotsshallbe managed fornoxiousweeds.Ifan Owner failstocontrol the noxiousweeds after10 days noticefrom the Association(givenin accordancewith the provisionsof Subsection6.2(e)above),the Associationmay cause the noxious weeds to be controlled,and theAssociationshallhave theenforcementauthorityand remediesprovidedin Subsection6.2(e)ofthisDeclaration. 6.4 Storm Water Maintenance Plan. (a)GeneralInformation.The Cannery DistrictutilizesLow Impact Development ("LID")to mitigatestormwaterimpacts.The stormwaterfacilitiesconsistofcurband gutter,drainage swales,bio-retentionareas(bio-swales),conveyancepiping,and a finalretentionbasin.The systemisdesignedtoaccommodate allstormwaterfrom theProperty.A document entitled -18 - Storm Water Management Plan and Record Drawings ison fileatthe City of Bozeman, EngineeringDepartment. The principalstormwater conveyanceand treatmentfacilitiesarelocatedon theCommon Open Space Lots,and are owned by Association.Privatelyowned LID storm water facilitiesservingindividualLot development are encouraged and privatefacilitiesare allowedtoconnecttotheAssociationfacilitiesthroughtheCommon Open Space Lots. The Associationisresponsibleformaintainingstormwaterfacilitieson theCommon Open Space Lotsexceptforprivateundergroundservicelines,which aretobe maintainedby the Lot Owner.Allstormwaterfacilitieslocatedon privatelyowned Lotsshallbe maintained by theLot Owner inaccordancewiththeapplicablemaintenancescheduleprovidedinthis Paragraph6.4(b). The storm water facilitiesare designed to operate without excessivemaintenance. However,likeallinfrastructure,periodicmaintenance willprevent costlyrepairand replacement.The maintenanceplan setforthin thisSection6.4 has been preparedin accordancewith City of Bozeman guidelines.Over time,recommended maintenance guidelinesmay evolve.PleasecontacttheCityofBozeman Storm Water Divisionifany questionsarise. (b)Storm WaterFacilitiesMaintenanceSchedule. (i)SiteHousekeeping.Sitehousekeepingisto be conductedcontinuouslyas needed. The main causeof storm waterfacilitydamage ispoor sitehousekeeping.Sediment trackedonto pavement can be washed intostorm water bio-retentionbasinsand conveyance piping and damage thesefacilities.Trash can clog pipes and inlet structurescausingpropertydamage.Sitehousekeepingconsistsofthefollowing: *Keep sidewalkand pavement areasclean *Pickup trash *Restoredamaged landscapinginordertopreventsedimentrunoff (ii)System Monitoring.System monitoringis to be conducted quarterly,except in winter.The storm water facilitiesshallbe inspectedquarterlyto quicklyidentify smallissuesbeforeexpensivedamage can occur.In additionto regularmonitoring, thebesttime to inspectthe performanceof storm water facilitiesisduringrunoff events.System monitoringconsistsofthefollowing: *Observe systemduringrunoff.Look forponding outsideofretentionareas.This canindicatea cloggedinletorpipe. *Inspectbio-retentionand retentionbasins *Inspectinlets,manholes and pipes (iii)Bio-retentionand RetentionBasin Maintenance.Bio-retentionand retentionbasin maintenanceistobe conductedquarterly.The bio-retentionand retentionbasinsare designedto provide long-term,sustainabletreatmentof storm water.With poor housekeeping,however,sedimentcan clog thesefacilitiesand reduce infiltration capacity.Proper and timelycleaningof incidentalsediment in thesebasinscan preventthesefacilitiesfrom beingdamaged.The bio-retentionand retentionbasins are intended to be vegetated,since the vegetationprovides microbiological communitiesthatcan treatcommon pollutantsinstormwater.Unhealthyvegetation can diminishthe performanceof thesebasins.The landscapingof thebio-retention -19 - basinsshallfollowtypicallandscapemaintenanceguidelines.The vegetationon the bottom of the retentionbasinshouldnot be regularlymowed,sincemowing can cause plant debristo build up in the basin.Bio-retentionand retentionbasin maintenanceconsistsofthefollowing: *Remove sediment,trash,and debris *Inspectforhealthyvegetation *Inspectforuniformpondingand waterdisappearsin3 days (iv)Bio-retentionand RetentionBasin Maintenance.Bio-retentionand retentionbasin maintenance is to be conducted annually.The vegetationshould be maintained annuallytoreduceplantdebrisbuild-up.The retentionbasinvegetationshouldbe cut to a heightof6" inthefallwiththeclippingsremoved from thebasin.Bio-retention and retentionbasinmaintenanceconsistsofthefollowing: *Remove dead plantmaterialsfrom bio-retentionbasins. *Cut retentionbasinvegetationand remove clippings. (v)Bio-retentionand RetentionBasinMaintenance.Thismaintenanceistobe conducted long-termifand when necessary.Ifregularhousekeepingand maintenanceisnot performedadequately,sedimentand debriscan accumulateinthebasinand reduce the requiredstoragecapacity.Ifthisoccursthe basinsshouldbe excavatedback down to originalplan grade.Long-term bio-retentionand retentionbasin maintenanceconsistsofthefollowing: *Hirea contractortoinspectand returnbasinconditiontoinitialdesignfound on Cityengineeringplans. *Dredge basinifsedimentbuild-upisgreaterthan6" (vi)Inlets.Manholes,and PipingMaintenance.Inlets,manholes,and pipingmaintenance isto be conductedquarterly.All storm water inletsand manholes have a sump to capture sediment.If this sediment is not periodicallyremoved it can wash downstream and clog infiltrationfacilities.The sump istypicallyvisiblefrom the surfacethroughtheinletgrate.Inlets,manholes,and pipingmaintenanceconsistsof thefollowing: *Remove visiblesedimentfrom sump. *Inspectpipeinletsand outletsforsedimentinpipe,and remove ifpresent. (vii)Inlets,Manholes,and PipingMaintenance.Thismaintenanceistobe conductedlong- term if and when necessary.If regularhousekeeping and maintenance is not performed adequately,sediment and debriscan accumulate in the storm water conveyancepiping,and pipesmay become clogged.Long-term inlets,manholes,and pipingmaintenanceconsistsofthefollowing: *Hirea contractortocleanpipesand remove allsedimentfrom manhole sumps. SECTION 7 COMMON PROPERTY 7.1 Descriptionof Common Property Declarantintendsto convey to the Associationthe tracts delineatedas the "Common Open Space Lots" on the Final Platof the Cannery District subdivision,togetherwith theImprovements locatedthereon.Upon Declarant'sconveyance of suchpropertytotheAssociation,suchpropertyshallbe Common Propertytobe maintainedby -20 - the Associationforthe use and benefitof itsmembers,and Declarantshallhave no further obligationtoimproveormaintainany portionoftheCommon Property. 7.2 Intent.DeclarantintendstodeveloptheCommon PropertyineachPhase priortoconveyingitto the Associationby installingcertainImprovements,amenities,and facilitiesthereonthatwill serveto enhance the appearanceand enjoyment of the Propertyfor Owners, Tenants,and Occupants.Such Improvements may includeparkingareas,walkways,curbs,trails,a lighting system,landscapedareas,patios,signsorstructuresintendedto identifyand promote occupancy of the Property,and othersimilaror relatedImprovements.Notwithstandingthe foregoing, Declarantdoesnotwarrantby thisDeclarationthatitwillconstructany specificimprovementson theCommon Property. 7.3 Right of Access. In order for Declarantto construct,place or maintain structuresand Improvements on theCommon Propertyas contemplatedby theprovisionsofthisDeclaration, Declarantreservesforitselfthefreeand unrestrictedrightof accessupon and acrosseach Lot. Each Owner of a Lot,by acceptingtitlethereto,shallbe deemed to have consentedto the foregoingreservationand tohave grantedtheforegoingright,and shallgivenoticeofDeclarant's reservationof rightof accessto any Tenant or Occupant of any Lot.The rightsof Declarant pursuanttothisreservationshallbe exercisedwith diligenteffortsto avoidinterferingwiththe normaloperationsand activitiesofany Owner,TenantorOccupant. SECTION 8 USE RESTRICTIONS AND RULES 8.1 Generally.The Propertyshallbe used only fortheuseshereinaftersetforth.Any Supplemental Declarationmay impose stricterstandardsthan those contained in this Section8.The Association,actingthroughitsBoard of Directors,shallhave standingand thepower toenforce such standards.The Association,actingthroughitsBoard of Directors,shallhave authorityto make and enforcerulesgoverningtheuseoftheCommon Property,inadditiontothosecontained herein. 8.2 Laws and Ordinances.No Owner shallpermitanythingwithinOwner's controltobe done or keptinany buildingoron suchOwner's Lot thatwould violateany Laws orthatwillresultinthe cancellationof,or increasethe premiums for,any insurancecarriedby theAssociation,or that would be inviolationofany ruleor regulationpromulgatedby theAssociation.The Owner shall obtain any and all requiredgovernmental permits,approvals,and authorizationspriorto beginningany construction.If thereare differencesbetween restrictionsimposed by these Covenantsorby applicableLaw,themore restrictiveshallapply. 8.3 Inspection.Authorized representativesof the Associationmay from time to time,during reasonablehoursand withreasonablenotice,enterupon and inspectany Lottoascertainwhether or not theDeclarationhas been or isbeingcompliedwith.Such personor personsshallnotbe deemed guiltyoftrespassby reasonofsuchentry. 8.4 Operations and Uses.Lawful operationsand usesthatareneitherspecificallyprohibitednor specificallyauthorizedby thisDeclarationmay be permittedinspecificcasesifoperationalplans and specificationsaresubmittedtoand approvedinwritingby theAssociation. 8.5 ProhibitedUses. (a)In additionto uses which are inconsistentwith municipalzoning forthePropertyor are prohibitedor restrictedby othercovenants,conditions,restrictionsor easementsthatare recordedinthechainoftitlerespectingtheProperty,orareotherwiseprohibitedpursuant -21 - to thisDeclaration,and not as an exhaustivelist,the followinguses and activitiesare prohibitedwithintheProperty: *Adult-orientedestablishments(seeSection8.5(b)) *Automobile body shop *Automobileparkinggarage *Automobileserviceand/orrepairfacility *Bus ortaxiterminal *Carwash *Casinos *Dumping, disposal,incineration,treatment,processingor reductionof garbage, sewage,offal,dead animalsorrefuse *Frozenfood storageand lockerrental *Gasolinesalesorsalesofotherflammable and dangerousmaterials *Large scaleindustrial,manufacturingor agriculturaluses.Smallscaleindustrialand manufacturinguses such brewing or distillingfacilitiesor productassembly are allowed with approval of the Board of Directorsand any and all necessary governmentalapprovals *Laundromat,laundryor dry cleaningfacility(butnot includingfacilitiesthatare solelyfordeliveryand pickupoflaundryordrycleaning) *Mortuary *Recyclingfacility *Vehicle,mobilehome,and boatsalesand rental *Warehousing or indoor storageof goods or materialin quantitiesgreaterthan normallyincidentaltotheusespermittedinthisDeclaration *Any otheruse,thatinthesolejudgment oftheBoard ofDirectors(i)isincompatible withthespecificallypermittedusesorthedesiredmix of uses;(ii)adverselyaffects market value of otherLots;or (iii)may interferewith the expectationof other Owners'quietenjoymentoftheirLots. (b)Adult-OrientedEstablishments.For purposesofthisDeclaration,theterm "adult-oriented establishments"shallinclude,withoutlimitation: (i)Adult bookstore.Adult bookstoresare establishmentshaving a substantialor significantportionoftheirstockand tradein,oran establishmentwhich,asone ofits principalbusiness purposes,offersfor sale,books, films,video cassettesor magazines and otherperiodicalswhich are distinguishedor characterizedby their emphasison mattersdepicting,describingor relatingto specifiedsexualactivitiesor specifiedanatomicalareas. (ii)AdultEntertainmentstudios.Any premisestowhich thepublic,patronsormembers areinvitedor admittedand which areso physicallyarrangedas to providebooths, cubicles,rooms,studios,compartmentsorstallsseparatefrom thecommon areasof thepremisesforthepurposeof viewing adultorientedmotion pictures,orwhere an entertainerprovidesadultentertainmentto a member of the public,a patronor member. An adultentertainmentstudioshallincludeany such premises,whether advertisedor representedas an adultentertainmentstudio,rap studio,exoticdance studio,encounterstudio,sensitivitystudio,modeling studio,massage parloror any otherterm of likeimport.Thissectionshallnotbe deemed tobarpremisesoffering therapeutic,sportsor othertypes of massage providedon the assignedorderof a licensedphysician,osteopath,chiropractororphysicaltherapist. -22 - (iii)Other businesses.The operationof any businessthatinvolves,in whole or in significantpart,thesale,lease,trade,giftordisplayforsaleofany obscenematerials. For purposesofthisDeclaration,"Adult Entertainment"shallmean:(A)an exhibitionof any adultorientedmotion pictures,meaning thosedistinguishedor characterizedby an emphasis on matter depicting,describingor relatingto specifiedsexualactivitiesor specifiedanatomicalareas;and/or(B)a liveperformance,displayor dance of any type, which as a significantor substantialportionof the performance,includesany actualor simulatedperformanceof specifiedsexualactivitiesorexhibitionand viewingof specified anatomicalareas,removal of articlesof clothingor appearingunclothed,pantomiming, modelingorany otherpersonservicesofferedcustomers. 8.6 PermittedUses.Unlessa use isprohibitedorlimitedinthepreviousSectionorelsewhereinthis Declaration,the Propertymay be used forany use allowed or conditionallyallowed by the municipalzoning of the Property.The Propertyis eitherpresentlyzoned B-2 (Community Business District)or willhave such zoning designationupon annexationintothe City of Bozeman.Commercial, business,professional,and certaincompatible,lightindustrialusesare encouragedon theProperty 8.7 General use provisions.The followinggeneralprovisionsshallapply to allLots,unless otherwiseprovidedherein: (a)BuildingSize and Height.No buildingshallbe constructed,otherthan incidentalor accessorystructures,which containlessthantheminimum squarefeetof grossfloorarea designatedin the Design Guidelines,unlessotherwiseapproved by the CDRC and the Association.The footprintof such buildingshalloccupy atleastthe minimum building envelopedesignatedintheDesign Guidelines.No building,structureorotherImprovement shallexceedtheheightlimitationdesignatedintheDesignGuidelines. (b) BuildingOccupancy.No buildingshallbe occupiedby more Occupantsthanspecifiedin theDesign Guidelines,unlessotherwiseapprovedby theCDRC andtheAssociation. (c) Temporary Structures,Tents,Trailers,and Storage.No temporarystructure,tentortrailer of any kind shallbe erectedor placedupon any Lot,exceptfortemporaryconstruction officesduring a constructionperiod.All constructionofficesmust be removed within 30 daysaftercompletionofconstruction. (d) Landscaping.To theextentany Lot may have open space,such spaceshallbe landscaped inaccordancewith a plansubmittedto and approvedin writingby theCDRC. The plan shallbe approvedpriorto any developmentoftheLot.The planshallincludeinformation regardingthe type of seedingand/orsodding,types of trees,hedges and shrubs,and informationregardingotherlandscapetreatmentfortheentiresite,such as fences,walls, and screening.All landscapingshallbe undertakenand completedinaccordancewiththe approvedplan,and theplanmay notbe substantiallymodifiedwithoutsubmittinga revised landscapeplanforpriorwrittenapprovalby theCDRC. Alllandscapingrequiredhereunder or otherwiseto be provided on any Lot shallbe completed within the time frame establishedby theCDRC. (e)Signs.No exteriorsignsshallbe permittedanywhere on thePropertywithoutpriorwritten approvaloftheCDRC. Allsignsshallbe consistentwiththeDesign Guidelinesand shall comply withthisDeclarationand allapplicableLaws. -23 - (f)ArchitecturalDesign and Materials.No building,structureorotherImprovement may be constructed,erected,placed,alteredor permittedon any Lot untilplansand specifications detailingexteriorelevations,architecturalstyle,materialsand colorshave been submitted to and approved in writingby the CDRC.Such approvalshallbe subjectto the Design Guidelinesgoverning architecturalstylesand qualityof buildingdesign,appearance, siding,materials,colors,and otherattributesthatwillenhancetheoverallappearanceand environmentoftheProperty. (g)Outdoor Storage.No outdoorstorageshallbe permittedanywhere on thePropertywithout priorwrittenapprovaloftheAssociation. (h)OutsideStorageTanks.No outsidestoragetanksshallbe permittedon theProperty. (i)ExteriorLighting.No exteriorlightingshallbe permittedon any Lot withoutpriorwritten approvaloftheCDRC. No flashingorintermittentlightofany kindshallbe permitted. (j)Air ConditioningUnits.No window air conditioningunitsmay be installedin any renovationornew construction,exceptasmay be permittedby theCDRC. (k)Antennas,Towers,and SatelliteDishes.No exteriorantennas,towers,satellitedishesor otherapparatusforsendingorreceivingofradio,television,electromagneticormicrowave signalsshallbe placedupon any Lot,building,structureor Improvement withouttheprior writtenapprovaloftheCDRC. The CDRC may giveordeny approvalsubjecttoapplicable Law. The CDRC may impose sizelimitationson such equipmentand screening,location, and placementrequirementsasconditionsofapproval. (1)Fences. Unlessapprovedinwritingby theCDRC,no fences,ornamentalscreensorwalls of any natureshallbe erectedormaintainedon oraroundany portionofany Lot. (m) UtilityLines.All utilityeasementsmust be observed,thelocationof which areavailable from the Association.All new and extended utilitylinesshallbe placedunderground, unlessotherwiseapprovedby theAssociation. (n)Tree Removal. No treesshallbe removed from the Propertywithoutthe priorwritten consentoftheCDRC,exceptfordeadtreesand treesposingimminent safetyconcerns. (0) Drainage.No Owner or Occupant may obstructorrechanneldrainageflowsafterlocation and installationofdrainageswales,stormsewersorstormdrains.Declarantherebyreserves a perpetualeasementacrossallthePropertyforitselfand theAssociationforthepurposeof inspectingdrainageand waterflow. (p) Explosivesand Combustible Materials.All activitiescarriedout in buildingsand Improvements thatconform tothestandardsof theNationalBoard of FireUnderwriters. No highlyflammable or explosiveliquids,solidsor gasesshallbe storedinbulk on the Property.Allmaterialsorwastesthatmight causefumes,constitutea firehazardorattract rodentsor insectsmay be storedon the Propertyonly ifthey areenclosedin approved containersthatareadequatetoeliminatesuchhazardsand ifsuch storageisinaccordance withapplicableLaw. (q)Animals and Pets. No animalsof any kind shallbe raised,bred or kepton theProperty exceptas providedinthisParagraph.Owners and Occupantsmay bring,and may permit theirrespectiveemployees,agents,and inviteesto bring,dogs,cats,and otherordinary, householdpetsontotheCommon Property,subjectto rulesand regulationsfrom timeto -24 - time adoptedby theAssociation.Owners and Occupantsmay bring,and may permittheir respectiveemployees, agents,and inviteesto bring,dogs,cats,and other ordinary, householdpetsontotheirrespectiveLots and intothe buildingsthereon,subjectto rules and regulationsfrom time to time adopted or imposed by the Lot Owner (includinga buildingowners association,ifapplicable).A Lot Owner may permitowners and occupants ofresidentialdwellingslocatedon suchOwner's Lottokeep dogs,cats,and otherordinary house petsin the dwellingssubjectto rulesand regulationsadopted or imposed by the Owner;providedthatno residentialdwellingshallhouse more than two (2)pets.In all cases,bringingpetsontothePropertyorkeepingpetsinresidentialdwellingson a Lot shall be subjectto allapplicableLaw,includingbut not limitedto animal controllaws, ordinances,and leashlaws.Allpetsmust be controlledand maintainedso asnotto annoy orbe offensivetootherOwners or Occupantsortotheirrespectiveemployees,agents,and invitees.Pet owners shallimmediatelyand thoroughlycleanup aftertheirpets on the Property.No kennels,tethers,exerciselines,orthelikeshallbe permittedanywhere on the Property.IftheAssociationreceivestwo (2)ormore complaintsregardinga petwithinany twelve-monthperiod,theBoard may,aftergivingappropriatenoticeof,and opportunity for,a hearing,ordertheremovalorcausetheremovaloftheanimalfrom theProperty.An Owner or Occupant who causesor permitsany animal to be broughtor kept upon the Propertyshallindemnifyand holdharmlesstheAssociationand Declarantfrom any loss, damage, liabilityor expense (includingreasonableattorneyfees)which theAssociation and/orDeclarantmay sustainasa resultoftheanimal'spresence. (r)Nuisanceand Unsightlyor Unkempt Conditions.Each Owner and Occupant shallhave the responsibilitytopreventthe developmentof any unclean,unhealthy,unsightlyorunkempt conditionon itsLot.No Lot shallbe used in whole,or in part,forthe storageof any propertyorthingthatwillcausetheLottoappeartobe inan uncleanor untidyconditionor thatwillbe obnoxioustotheeye.No nuisancesshallbe permittedtoexistoroperateon any Lot soastobe offensiveordetrimentaltoanotherLot oritsOccupants.Nuisancesinclude, butarenotlimitedto,thefollowingconditionsinsofaras theymay disturbthepeace,quiet, safety,and comfort of the Occupants of otherLots or neighboringproperty:foulor obnoxiousodors,noise,vibration,electro-magneticdisturbanceand radiation,airorwater pollution,and dust.There shallnotbe maintainedany plantsoranimalsordeviceorthing of any sortwhose activitiesor existencein any way is noxious,dangerous,unsightly, unpleasantorofa natureasmay diminishor destroytheenjoymentoftheProperty.Trash, garbage,debrisor otherwastematterof any kind may notbe burnedwithintheProperty. No speaker,horn,whistle,siren,bell,amplifierorothersound device,exceptsuch devices as may be used exclusivelyforsecuritypurposes,shallbe located,installedor maintained upon theexteriorofany structureunlessapprovedby theAssociation. 8.8 Construction. (a)ConstructionVehicularTraffic.During thecourseofconstructionactivityon any Lot,the Lot Owner shallkeep allCommon Propertyfreeof dirt,debris,and the like,and shall repairany constructionvehicledamage to any Common PropertyattheLot Owner's sole expense. (b) Completion of Construction.When a Lot issoldor leasedby Declarantto speculative buildersordevelopers,theAssociationmay requirea performancebond toensurethatsuch builderor developerwillconform tothisDeclarationand theDesign Guidelinesand that withina specifiedperiodoftimesuchbuilderor developerwill(i)finishallexteriorwalls and complete installationof allwindows and doors;(ii)complete alldriveways and walkways on the Lot;(iii)remove allconstructiondebris;and (iv)completeallrequired landscapingon theLot.Upon completionof any on-siteconstructionimprovements,the -25 - Lot Owner shallnotifytheAssociation.The Association,or itsdesigneeshallinspectthe LotforcompliancewiththisDeclarationand theDesignGuidelines. (c)Excavationand Grading.No sitepreparationshallbe permitteduntilallapprovalsand permitsareinplaceand approvedby theAssociation.No excavationshallbe made except inconjunctionwiththeconstructionofan Improvement. 8.9 Parking.Vehiclesmay be parkedonlyindesignatedparkingspaceson theProperty.Allparking on theCommon Propertyshallbe subjectto such rulesand regulationsastheBoard may adopt. Owners,Occupants,and TenantsofLotsshallbe responsibleforenforcingthisrequirementwith respectto theiremployees and visitors.The Board may,in itssolediscretionand upon such conditionsas it may determine,approve an Owner's applicationfor assignedor otherwise restrictedparkingspaces;provided,however,thatsuch approvalmay be revokedby theBoard at any time. SECTION 9. DESIGN REVIEW PROCESS AND PROCEDURES. 9.1 Cannery DistrictReview Committee.The Cannery DistrictReview Committee ("CDRC")shall consistof no lessthanthree(3)ormore thanfive(5)members appointedby theBoard.CDRC Members need notbe Board members,Owners or affiliatesof Owners. UntiltheBoard actsto appointCDRC members,the CDRC shallbe comprised of Board members,and theirCDRC terms shallbe concurrentwiththeirtermsas directors.The CDRC shallbe responsibleforthe designreviewdutiesand functionsspecifiedinthisDeclaration. 9.2 CDRC Review Required.No exteriorconstruction,alteration,additionor renovationof any building,structure,parkinglot,sign,wall or otherImprovement of any kind ornatureshallbe commenced on theProperty,exceptsuch as is(a)installedby Declarant,(b)reviewedby the CDRC and approvedby theBoard inaccordancewiththisSection9,or (c)otherwiseexpressly permittedinthisDeclaration.No such construction,alteration,additionor renovationshallbe made unlessand untilplansand specificationsdetailingatleastthenature,kind,shape,height, materials,and locationshallhave been properlysubmittedin writingto and approved by the Associationafterrecommendation from theCDRC. 9.3 Employment of Architects,Engineers or Other Persons. The Associationmay employ architects,engineersor otherpersonsnecessarytoenabletheCDRC toperformitsreview.The CDRC may,from timetotime,delegateany ofitsrightsorresponsibilitieshereundertoone or more dulylicensedarchitectsorotherqualifiedpersons,which shallhave fullauthoritytoacton behalfoftheCDRC forallmattersdelegated. 9.4 Review Fee and Address.The Associationmay establisha reviewfeetocoverthecostofreview of plans and specificationsconsistentwith the type of review being conducted.Plans and specificationsshallnot be deemed submittedtotheCDRC unlessand untilthereviewfeehas beenpaidtotheAssociation.The addressoftheCDRC shallbe theofficeoftheAssociation. 9.5 Design Guidelines.The initialDesign Guidelinesand procedureshave been createdand are herebyadoptedby Declarant.The Design Guidelinesareon fileintherecordsofthe Association, and copies of the currentDesign Guidelinesshallbe made availableto allOwners and prospectiveOwners in accordancewith proceduresestablishedby the CDRC. The Design Guidelinesshallbe explanatoryand illustrativeofthe generalintentof thedevelopmentof the Property,and they are intendedas a guide to assistthe CDRC in reviewingplans and specifications.ExceptforthoseDesign Guidelinesrequiredasa conditionofPUD platapproval, theDesignGuidelinesshallnotbe bindingupon theCDRC and shallnotconstituteineveryevent the basisfora recommendation of approvalor disapprovalof plans,specificationsor other -26 - materialssubmittedtotheCDRC forreview.The Design Guidelinesmay be amended from time totimeby theAssociation;provided,however thatifa designstandardproposedforamendment was requiredand includedintheDesign Guidelinesasa conditionofPUD platapproval,thenthe City of Bozeman must approve the amendment before it is effective.No improvements constructedinaccordancewith plansand specificationsapprovedby theCDRC and Association inaccordancewiththethenapplicableDesign Guidelinesshallbe requiredtobe changedbecause thedesignstandardssetforththereinarethereafteralteredoramended. 9.6 Plan Review and Approval.All development plans shallbe reviewed and approved in accordancewith proceduresestablishedby theAssociation,which proceduresmay be setoutin theDesign Guidelines. 9.7 Right to Inspect.Authorized Associationrepresentativesmay from time to time,during reasonablehoursand withreasonablenotice,enterupon and inspectany Lottoascertainwhether ornotthesitedevelopmentapprovalhas been,orisbeing,compliedwith.Such personorpersons shallnotbe deemed guiltyoftrespassby reasonofsuchentry. 9.8 ConstructionCompliance.The Associationmay require,inwriting,any Owner torestoresuch Owner's improvements to the conditionexistingpriorto the constructionthereof(including, without limitation,the demolitionand removal of any unapproved Improvement)if such Improvements were commenced or constructedin violationof thisSection9.In addition,the Associationmay (buthas no obligationto)with due noticecausesuch restoration,demolition, and removaland levytheamount ofthecostthereofasa SpecialAssessmentagainsttheLot upon which such Improvements were commenced orconstructed.The Associationshalltakeno action with respectto nonconforming or unapproved improvements untilcompletionof thefollowing reviewand appealprocessiftheOwner electsby writtennoticetotheAssociationto institute such process: (a)Within 15 days ofwrittennoticeof appealby theOwner,suchOwner and theAssociation shalleach appointa dulylicensedarchitecttodeterminewhethera violationexists.These two architectsshallthenchoose a mutuallyacceptablethirdarchitectwithin10 days after theexpirationofthe15-dayperiod. (b)Within30 days aftertheappointmentofthethirdarchitect,a majorityofthethreearchitects shalldeterminewhethera violationexists.A writtendeterminationshallbe filedwiththe Associationand providedtotheOwner. (c)Ifa violationisdeterminedto exist,the Associationshall,in itsreasonablediscretion, determinethemanner inwhich theviolationshallbe remedied,which remedy may include reasonablefinesand feesfor architecturalservices.The Associationshallmake such determinationwithin15 days oftheabove determinationofa violation.The Owner shallbe notifiedinwritingof any requiredremedialaction. 9.9 Notice of Noncompliance or Noncompletion.Notwithstandinganything to the contrary containedherein,afterexpirationof one (1)year from the dateof substantialcompletionof constructionof any Improvements on theProperty,theImprovements shallbe deemed tobe in compliancewithallprovisionsofthisSection9,unlessactualnoticeofsuchnoncomplianceand noncompletion,executedby theAssociationoritsdesignatedrepresentatives,hasbeen delivered totheOwner.For the purposesofthisSection,"substantialcomoletion"shallbe definedinthe manner adoptedby theAmerican InstituteofArchitects.Subsequentimprovements,alterationsor repairsto a Lot shallnot entitlethe CDRC to review for compliance any Improvements substantiallycompletedmore thanone (1)yearpriortothemore recentimprovements,alterations orrepairsthataresubjecttoreview. -27 - 9.10 No Liability.Plansand specificationsarenotreviewedorapprovedforengineeringorstructural design,code compliance or qualityof materials.By approvingsuch plans and specifications neithertheCDRC,theAssociation,orDeclarantassumes liabilityorresponsibilitytherefor,nor forany defectin any structureconstructedfrom such plansand specifications.To the fullest extentpermittedby Law,neitherDeclarant,the Association,the CDRC,nor officers,directors, members,employees and agentsof any ofthem,shallbe liablefordamages toanyone submitting plansand specificationstoany one ofthem forapproval,ortoany Owner of propertyaffectedby theserestrictionsbyreasonofmistakeinjudgment,negligenceornonfeasancearisingoutoforin connectionwiththeapprovalordisapprovalorfailuretoapproveordisapproveany suchplansor specifications.Every personwho submitsplansand specificationsand every Owner agreesto refrainfrom bringingany actionorsuitagainstDeclarant,theAssociation,theCDRC,theBoard, or officers,directors,members,employees and agentsof any of them,to recoverany such damages and herebywaivesand releasesallclaims,demands,and causesof actionarisingoutof or in connectionwith any judgment,negligenceor nonfeasanceand hereby furtherwaives the provisionofany law which providesthata generalreleasedoes notextendtoclaims,demands, and causesofactionnotknown atthetimethereleaseisgiven. SECTION 10. INSURANCE AND CASUALTY LOSSES. 10.1 Insuranceon Common Property. (a) PropertyInsurance.The Association'sBoard of Directors,or itsduly authorizedagent, shallhave the authorityto and shallobtainblanket"all-risk"propertyinsurance,if reasonablyavailable,forallinsurableImprovements on theCommon Property.Ifblanket "all-risk"coverage isnot reasonablyavailable,then at a minimum an insurancepolicy providingfireand extendedcoverageshallbe obtained.The faceamount ofsuchinsurance shallbe sufficienttocoverthefullreplacementcostof any repairorreconstructionofthe Common Propertyifitisdamaged or destroyedfrom any insuredhazard. (b) LiabilityInsurance.The Board shallalsoobtaina publicliabilitypolicycoveringthe Common Property,insuringthe Associationand itsMembers foralldamage or injury causedby thenegligenceoftheAssociation,any ofitsMembers,employees or agents,or any otherPersonwho has a righttooccupy a Lot.The publicliabilitypolicyshallinitially have limitsofliabilityofatleast$2,000,000(combinedsinglelimit)coveringallclaimsfor deathand personalinjury(includingmedicalpayments)and/orpropertydamage arisingout ofa singleoccurrence.If,intheopinionoftheBoard basedon industryand localstandards, theinsurancecoveragelimitsofthepublicliabilitypolicybecome inadequate,theBoard may increasetheinsurancecoveragelimitsas reasonablydeterminedby theBoard to be adequate. (c)Premiums,Deductible.Premiums for allinsuranceon the Common Propertyshallbe Common Expenses of the Associationand shallbe includedin theGeneralAssessment. The policiesmay containa reasonabledeductible,and the amount thereofshallnot be subtractedfrom thefaceamount ofthepolicyindeterminingwhethertheinsuranceatleast equalsthe coveragerequiredhereunder.The deductibleshallbe paid by the partywho would be liableforthelossor repairintheabsenceof insuranceand iftherearemultiple partiesshallbe allocatedinrelationtotheamount each party'sliabilityforlossbearstothe total. (d)InsuranceCriteria.All insurancecoverageobtainedby the Board of Directorsshallbe writteninthename oftheAssociationastrusteefortherespectiveinsurancebeneficiaries, -28 - as furtheridentifiedinsubsection(ii)below.The followingprovisionsshallgovern such msurance: (i)Allpoliciesshallbe writtenwitha company authorizedtodo businessintheStateof Montana thatholdsa Best'sratingof B+ or betterand isassigneda financialsize categoryof VI or largeras establishedby A. M. Best Company,Inc.,ifreasonably available,or,ifnotavailable,themost nearlyequivalentratingthatisavailable. (ii)Allpolicieson theCommon Propertyshallbe forthebenefitoftheAssociationand itsMembers. (iii)Exclusiveauthoritytoadjustlossesunderpoliciesobtainedby theAssociationon the Common Propertyshallbe vestedintheAssociation'sBoard ofDirectors;provided, however,no Mortgagee having an interestin such lossesmay be prohibitedfrom participatinginthesettlementnegotiations,ifany,relatedthereto. (iv)In no event shallthe insurance coverage obtained and maintained by the Association'sBoard of Directorshereunder be brought into contributionwith insurancepurchasedby individualOwners,OccupantsortheirMortgagees. (v)All propertyinsurancepoliciesshallhave an inflationguard endorsement,if reasonablyavailable,and,ifthepolicycontainsa co-insuranceclause,itshallalso have an agreedamount endorsement. (vi)The Association'sBoard of Directorsshallbe requiredto use reasonableeffortsto secureinsurancepoliciesthatwillprovidethefollowing: *A waiverofsubrogationby theinsurerastoany claimsagainsttheAssociation's Board ofDirectors,officers,employeesand manager,theOwners and Occupants ofLots,and theirrespectiveTenants,servants,agents,and guests; *A waiver by theinsurerofitsrightsto repairand reconstruct,insteadofpaying cash; *A statementthatno policymay be canceled,invalidated,suspendedor subjectto nonrenewalon accountofany one ormore individualOwners; *A statementthatno policymay be canceled,invalidated,suspendedor subjectto nonrenewalon accountof any curabledefector violationwithoutpriordemand in writingdeliveredto the Associationto curethedefector violationand the allowanceof a reasonabletimethereafterwithinwhich thedefectmay be cured by theAssociation,itsmanager,any Owner,orMortgagee; *A statementthatany "otherinsurance"clausein any policyexcludeindividual Owners'policiesfrom consideration;and *A statementthatthe Associationwillbe given atleast30 days priorwritten noticeof any cancellation,substantialmodificationornon-renewal. 10.2 Other Insurance.InadditiontotheinsurancerequiredinSection10.1and totheextentrequired by Law,theBoard shallobtainworker'scompensationinsurance,and the premium shallbe a Common Expense.The Board may also,initsdiscretion,obtaindirectors'and officers'liability coverage,ifreasonablyavailable,and a fidelitybond orbonds on directors,officers,employees, -29 - and otherpersonshandlingor responsiblefortheAssociation'sfunds,ifreasonablyavailable. The amount offidelitycoverageshallbe determinedintheBoards'bestbusinessjudgment but,if reasonablyavailable,may notbe lessthanone-sixth(1/6)oftheannualGeneralAssessmentson allLots plusreserveson hand. Bonds shallcontaina waiver of alldefensesbased upon the exclusionof personsservingwithoutcompensation and shallrequireat least30 days' prior writtennoticetotheAssociationofany cancellation,substantialmodificationornon-renewal. 10.3 Damage and Destruction. (a) Adjustment,Estimates.Immediatelyafterdamage ordestructionby fireorothercasualtyto allor any partoftheCommon Propertycoveredby insurancewritteninthename ofthe Association,the Board of Directorsor itsduly authorizedagentshallproceed with the filingand adjustmentof allclaimsarisingunder such insuranceand obtainreliableand detailedestimatesof the costof repairor reconstructionof the damaged or destroyed Common Property."Repairor reconstruction,"asused inthisSection10,means repairing or restoringtheCommon Propertytosubstantiallythesame conditioninwhich itexisted priortothefireor othercasualty,allowingforany changes orimprovements necessitated by changesinapplicablebuildingcodes. (b)DecisiontoRepair.Any damage ordestructiontotheCommon Propertyshallbe repaired orreconstructedunlesstheMembers representingatleastseventy-five(75%) percentofthe Member Votes of the Associationshalldecidewithin60 days afterthe casualtynot to repairorreconstruct.No Mortgagee shallhave therightto participateinthedetermination of whether the damage or destructionto Common Property shallbe repairedor reconstructed. (c)Failureto Repair.If itshould be determinedin the manner describedabove thatthe damage or destructiontotheCommon Propertyshallnotbe repairedorreconstructedand no alternativeimprovements are authorized,then the affectedportionof the Common Propertyshallbe clearedofalldebrisand ruinsand maintainedby theAssociationina neat and attractivelandscapedcondition. 10.4 Disbursement of Proceeds.Ifthe damage or destructionforwhich the proceedsof insurance policiesheldby theAssociationarepaidistobe repairedorreconstructed,theproceeds,orsuch portionthereofasmay be requiredforsuchpurpose,shallbe disbursedinpayment ofsuchrepairs orreconstructionas hereinafterprovided.Any proceedsremainingafterdefrayingsuch costsof repairorreconstructionshallbe retainedby and forthebenefitoftheAssociationand placedina capitalimprovements account.Ifno repairor reconstructionis made,the proceedsshallbe retainedby and forthebenefitoftheAssociationand placedina capitalimprovement account. 10.5 Repair and Reconstruction.Ifthe damage or destructiontotheCommon Propertyforwhich insuranceproceeds are paid is to be repairedor reconstructed,and such proceeds are not sufficienttodefraythecostthereof,theBoard of Directorsshall,withoutthenecessityofa vote oftheMembers,levya SpecialAssessmentagainsttheOwners. 10.6 Property Insured by Owners;Damage and Destruction.Each Owner acknowledges and agreesthatneitherDeclarantnortheAssociationshallhave any obligationtoinsuretheOwner's Lot.Each Owner shallcarryappropriateliabilityand casualtyinsuranceorcausesuchinsurance tobe carriedby anotherentity.Each Owner fullycovenantsand agreesthatifImprovements on theOwner's Lot aredamaged or destroyed,theOwner shallproceedpromptlyeither(a)torepair orreconstructthedamaged Improvement ina manner consistentwiththeoriginalconstructionor insuch manner as may be approved in accordancewith the provisionsof Section9 hereof;or (b)tocleartheLot of alldebrisand returnitto substantiallythenaturalstateinwhich itexisted -30 - priortothebeginningof constructionand thereaftertomaintaintheLot ina neatand attractive landscapedcondition. SECTION 11 CONDEMNATION. Whenever allof any partof the Common Propertyshallbe taken by any authorityhaving the power of condemnation or eminent domain,the Associationshallrepresentthe Owners.The award made forsuchtakingshallbe payabletotheAssociation. SECTION 12 ANNEXATION AND WITHDRAWAL OF PROPERTY. 12.1 Annexation by Declarant.Declarantshallhave theunilateralright,privilege,and option,from time totimeatany time untilallAdditionalPropertyhas been subjectedtothisDeclarationor December 31,2025,whicheverisearlier,to subjecttotheprovisionsofthisDeclarationand the jurisdictionoftheAssociationallor any portionoftheAdditionalProperty.Annexationshallbe accomplishedby recordinga SupplementalDeclarationannexingsuch propertyin the Public Records.The SupplementalDeclarationshallnot requirethe consentof Members,but shall requiretheconsentof the owner(s)of such AdditionalProperty,ifotherthanDeclarant.The SupplementalDeclarationmay createadditionalLots and additionalCommon Property,and it may change thePercentMembership Interestand relativenumber of Member Votes allocatedto each Lot.Each Owner and Mortgagee,by acceptingany right,titleor interestina Lot,grants Declarant,and itssuccessorsininterest,a limitedirrevocablepower ofattorney,coupledwithan interest,to change the PercentMembership Interestand relativenumber of Member Votes allocatedto each Lot in accordancewith the plan setforthin the SupplementalDeclaration. Recording of a SupplementalDeclarationadding additionalLots and modifying the Percent Membership Interestand Member Votes allocatedto pre-existingLots shallbe deemed an assignmentand conveyance of membership interestsand votingrightsin the Associationin accordancewiththe SupplementalDeclaration.Any such annexationshallbe effectiveupon the recordingof such SupplementalDeclarationunlessotherwiseprovidedtherein.Declarantshall have theunilateralrighttotransfertoany otherPersontheright,privilege,and optiontoannex the AdditionalPropertythatis hereinreservedto Declarant,providedthatsuch transfereeor assigneeshallbe theowner of atleasta portionofthePropertyor AdditionalPropertyand that suchtransferismemorializedina written,recordedinstrumentexecutedby Declarant. 12.2 Annexation by Association.Subjectto theconsentof theowner thereof,theAssociationmay annex realproperty(orany interesttherein)otherthantheAdditionalProperty,and followingthe expirationof therightinSection12.1hereof,theAdditionalProperty,totheprovisionsofthis Declarationand the jurisdictionof the Association.Such annexationshallrequire(a)the affirmativevoteof Members representingtwo-thirdsof theMember Votes of the Association presentata meetingduly calledforsuch purposeand (b)thewrittenconsentofDeclarantifthe proposed annexationwill occur during the DeclarantControlPeriod.Annexation shallbe accomplishedby recordinga SupplementalDeclarationdescribingthepropertybeingannexed in thePublicRecords.Any such SupplementalDeclarationshallbe signedby thepresidentand the secretaryof the Associationand by the owner of the propertybeing annexed,and any such annexationshallbe effectiveupon recordingunlessotherwiseprovidedtherein.The relevant provisionsoftheBylaws dealingwithregularor specialmeetings,asthecasemay be,shallapply to determinethetime requiredforand the properform of noticeof any meetingcalledforthe purposeof consideringannexationofpropertypursuanttothisSection12.2and toascertainthe presenceofa quorum atsuchmeeting. 12.3 AdditionalCovenants and Easements.Declarantmay unilaterallysubjectany portionof the AdditionalProperty submitted to this Declarationby Supplemental Declarationunder Section12.1to additionalcovenantsand easements.Such additionalcovenantsand easements -31 - shallbe set forthin a Supplemental Declarationfiledeitherconcurrentwith or afterthe annexationofthe subjectproperty,and shallrequirethewrittenconsentoftheowner(s)ofsuch property,ifotherthanDeclarant. 12.4 Withdrawal of Property.Subjectto the consentof the Owner thereof,theAssociationmay withdraw realpropertyfrom theprovisionsof thisDeclaration.Such withdrawalshallrequire (a)the affirmativevote of Members representingtwo-thirdsof the Member Votes of the Associationpresentat a meeting duly calledfor such purpose;(b)the writtenconsent of Declarantifthe proposed withdrawalwilloccur duringthe DeclarantControlPeriod;and the writtenapprovalof the City of Bozeman. Withdrawal shallbe accomplishedby recordinga SupplementalDeclarationdescribingthepropertybeingwithdrawn inthePublicRecords.Any such SupplementalDeclarationshallbe signed by the presidentand the secretaryof the Associationand by theOwner ofthePropertybeingwithdrawn,and itshallbe accompaniedby the writtenapprovalof the City of Bozeman.Any such withdrawalshallbe effectiveupon recordingunlessotherwiseprovidedtherein.The relevantportionsof theBylaws dealingwith regularorspecialmeetings,asthecasemay be,shallapplytodeterminethetimerequiredforand the properform of noticeof any meeting calledforthepurpose of consideringwithdrawalof PropertypursuanttothisSection12.4and toascertainthepresenceofa quorum atsuchmeeting. 12.5 Amendment. This Section 12 shallnot be amended withoutthe priorwrittenconsent of Declarant,so long as Declarantor an entitycontrolledby Declarantowns any portionof the PropertyorAdditionalProperty. SECTION 13 MORTGAGEE PROVISIONS. 13.1 Priorityof FirstMortgages.Notwithstandingany otherprovisionsof thisDeclarationor any provisionsoftheBylaws,a breachofthisDeclarationby any Owner shallnotdefeatorinvalidate thelienof a firstMortgage made ingood faithand valueastoa Lot orany portionthereof.As providedinSection5,any lienwhich theAssociationmay have on any Lot forthenonpayment of AssessmentsallocatedtosuchLotwillbe subordinatetothelienorequivalentsecurityinterestof any firstMortgage on theLot recordedpriortothedateany such Assessmentsbecame due.No provisionofthisDeclarationshallbe construedas givingany Owner orotherpartypriorityover any rightsofthefirstMortgagee ofany Lot inthecaseofdistributiontosuchOwner ofinsurance proceedsorcondemnationawardsforlossestoortakingofproperty. 13.2 Noticesto EligibleLenders.Any lenderholdinga firstMortgage on a Lot ("EligibleLender") shallbe givennoticeofthefollowingeventsifitdeliverstotheAssociationa writtenrequestthat itreceivesuchnotices,togetherwitha completeand accuratedescriptionoftheLot subjecttoits Mortgage and an accurateaddressforsuchEligibleLender: (a) Any delinquencyinthepayment ofAssessmentsor chargesowed and any otherdefaultin theperformanceofan obligationsetforthinthisDeclarationby an Owner ofa Lot subject to a firstMortgage heldby such EligibleLender which remainsuncuredfora periodof 60 days; (b) Any proposedactionthatwould requiretheconsentofan EligibleLender, 13.3 NoticetoAssociation.Upon request,each Owner shallbe obligatedtofurnishtotheAssociation thename and addressoftheholderofany Mortgage encumberingsuchOwner's Lot. 13.4 Failureof Mortgagee to Respond. Any Mortgagee who receivesa writtenrequestas herein providedfrom theAssociationto respondto or consentto any actionshallbe deemed to have -32 - approved such actioniftheAssociationdoes notreceivea writtenresponsefrom theMortgagee within15 days ofthedateofsuchMortgagee'sreceiptofnoticeoftheAssociation'srequest. SECTION 14. EASEMENTS. 14.1 Easements Reserved toDeclarant.Declarantshallhavetherighttoassignand convey,inwhole orinpart,theeasementsreservedby ithereundertoone ormore publicutilitycompanies,quasi- public companies or relevantgovernmental authorities.The followingeasements shallbe reservedtoDeclarant,itssuccessorsand assigns: (a)Easements,licenses,franchises,permitsforinstallation,maintenance,repairand removalof utilities,publicrights-of-way,drainagefacilities,and accessrightsfor fireprotection servicesand othersimilarservicesover,under and acrossthe Property,as specificallyset forthon recordedplatsof the Propertyand portionsthereof,or as setforthin other documentsofrecordinthePublicRecords. (b)Fullrightof ingressand egressat alltimesover the Propertyto the extentreasonably necessaryforthe installation,operation,maintenance,repairor removal of any utilityor drainagefacilitycontainedwithinany oftheaforesaideasements. (c)Fullrightof ingressand egressatalltimesoverthePropertyasmay be reasonablyrequired to remove any obstructionthatmay be placedinsuch easementswithouttheapprovalof Declarantor the owner of the relevanteasement,where such unauthorizedobstruction would constituteinterferencewith theuse ofsuch easementor withtheuse,maintenance, operationorinstallationofsuchutilityorotherservices. (d)Fullrightsofingressand egressshallbe heldby theAssociationatalltimesoverand upon each Lot foremergency,security,and safetyinaccordancewiththeprovisionshereof,for carryingout the Associationfunctions,dutiesand obligationshereunder.Policemen, firemen,ambulance personnel,and similaremergency personnelmay exercisesuch rights intheperformanceoftheirrespectiveduties.Except inan emergency situation,entryshall only be duringreasonablehours,afternoticeto the Owner,shallbe made with as little inconvenienceto theOwner as practical,and the enteringpartyshallrepairany damage causedthereby.ThisrightofentryshallincludetherightoftheAssociationtoentertocure any conditionthatmay increasethe possibilityof a fireor otherhazardiftheOwner or Occupant failsorrefusestocuretheconditionupon theAssociation'swrittenrequest. 14.2 Easements forEncroachment. Ifany portionoftheCommon Propertyencroachesupon a Lot or Lots as of the dateof thisDeclaration,a valideasement forthe encroachmentand forthe maintenanceof the same,so long as itstands,shalland does exist.Ifany portionof a Lot Improvement encroachesupon a Common Open Space Lot as ofthedateofthisDeclaration,a valideasementfortheencroachmentand forthemaintenanceofthesame,so longas itstands, shalland does exist.Further,thereshallbe reciprocalappurtenanteasementsforencroachment between each Lot and such portionor portionsof the Common Open Space Lot(s)adjacent theretoduetotheunintentionalplacementor settlingorshiftingoftheImprovements constructed, reconstructedoralteredthereon(inaccordancewiththetermsofthisDeclaration)toa distanceof notmore thantwo (2)feetalonga lineperpendiculartosuch boundary atsuch point;provided, however,inno event shallan easementforencroachmentexistifsuch encroachmentoccurred due towillfulconducton thepartofan Owner,Occupant ortheDeclarant. 14.3 Easements for Overhang.Each Lot shallhave an appurtenanteasementforoverhangbetween suchLot and theportionofa Common Open Space Lot adjacenttheretoforbalconies,awnings, eaves,beams,and othersimilarstructuresprojectingfrom buildings,structures,and other -33 - improvementssituatedon theLot (collectively"projections").Such projectionsmay overhang a Common Open Space Lot a distanceofnotmore thanfive(5)feet,asmeasured from any point on thecommon boundarybetweeneachLot and theadjacentportionoftheCommon Open Space Lot alonga lineperpendiculartotheboundaryatsuchpoint.Allprojectionsshallhave sufficient ground clearanceso asnottointerferewithwalkways,trails,drivewaysor parkingareaslocated on eithera Common Open Space Lot orotherCommon Propertyand so asnottointerferewith thepassageofdelivery,service,construction,and maintenancevehicles. 14.4 Easement forMaintenance and Repair ofLot Improvements.Each Lotshallhaveappurtenant easementsoverand acrossadjacentportionsof a Common Open Space Lot and otherCommon Propertyforthepurposeofaccessingand maintainingstructuresand otherImprovementson such Lot. The Owner of such Lot shallnot exercisesuch easement in a manner thatinterferes unreasonablywithotherOwners' and Occupants'useoftheCommon Property 14.5 Easements for Installationof Common Property.Easements over and acrosseach Lot are hereby reservedfor the installation,construction,and reconstructionof walkways,trails, driveways,parkingareas,curbs,lightingfixtures,signs,and othersimilarimprovementsintended forthe common use and enjoyment of allOwners,Occupants,Tenants,and theirrespective employees,guests,and invitees.The locationoftheeasementsshallcorrespondwiththelocations of such improvements as shown inthe PUD finalplatand any amendments thereto;provided, however,thatiftheimprovements areconstructedpriortotheinitialconveyanceof an affected Lottosomeone otherthanDeclarantand thelocationoftheimprovementsvariesfrom thatshown on thePUD finalplat,the correspondingeasementsforthe improvements on suchLot shallbe locatedattheimprovements'"asbuilt"locations.The easementsdescribedinthisSection14.5 shallbe appurtenanttoand passwithtitletotheCommon Open SpaceLots,and theyshallbe part oftheCommon Propertyheldby theAssociationfortheuseand enjoymentoftheOwners. 14.6 Easement for Maintenance and Repair of Common Property.The Associationand its representatives,employees,contractors,and agents,shallhavetheirrevocablerighttoaccesseach Lotfrom timetotimeduringreasonablehours,oratany timeinthecaseofan emergency,asmay be necessaryforthemaintenance,repairor replacementof any oftheCommon Propertylocated on oraccessiblefrom suchLot. 14.7 Easements for Use and Enjoyment of Common Property. Every Owner shallhave a nonexclusiverightand easementof ingressand egress,use and enjoymentinand totheCommon Propertyforitsintendeduse thatshallbe appurtenantto and shallpass with the titleto such Owner's Lot,subjectto: (a)The provisionsofthisDeclarationasitmay be amended from timetotime; (b) Any restrictionsor limitationscontainedin any deed or assignmentconveying such Common PropertytotheAssociation; (c)The rightof theBoard of Directorstoadoptotherrulesand regulationsregulatingtheuse and enjoymentoftheCommon Property; (d)The rightof the Associationto limitthenumber of inviteeswho may use the Common Property,toallowpersons,suchaspersonslivingorworking inthevicinityoftheProperty, tousetheCommon Propertyon a regularortemporarybasisand to chargeornot charge such personsa userfee thereof,and to provideforthe exclusiveuse and enjoyment of specificportionsthereofat certaindesignatedtimes by an Owner,itsTenants,guests, Occupants,and invitees; -34 - (e)The rightoftheAssociationto suspendtherightofan Owner tousetheCommon Property (otherthanforingressand egressto theOwner's Lot)forany periodduringwhich any Assessmentthatishereinprovidedforremainsunpaid. (f)The rightoftheAssociationtodedicateortransferallor any partoftheCommon Property to any publicagency,authorityor utilityforsuch purposesand subjectto suchconditions as may be agreedto by theMembers. No such dedicationor transfershallbe effective unlessan instrumentsignedby theAssociationcertifyingthata MajorityoftheMember Votes has approved such dedicationor transferhas been recorded.If such proposed dedicationortransferistooccurwithintheDeclarantControlPeriod,thewrittenconsentof Declarantshallalsobe required. An Owner's rightof use and enjoyment inand to theCommon Propertyand facilitieslocated thereonshallextendtotheOwner's Tenants,invitees,and guests.An Owner shallbe deemed to have made a delegationofallsuchrightstotheOccupantsofsuchOwner's Lot,ifleased. SECTION 15. ENFORCEMENT. 15.1 Owner's Compliance.Every Owner,Tenant or Occupant of a Lot shallcomply with the provisionsofthisDeclaration,theBylaws and any rulesand regulationsoftheAssociation,allas may be amended ormodifiedfrom timetotime.Failuretocomply shallbe groundsforan action to recoversums due,for damages and fines,for injunctiverelief,or for any otherremedy availableatlaw orinequitymaintainableby theAssociationor,ina propercase,by an aggrieved Owner. Allagreementsand determinationslawfullymade by theAssociationshallbe deemed to be bindingon allOwners,theirsuccessorsand assigns. 15.2 Remedies. (a)Fines and Penalties.The Board may implement a scheduleof reasonablefinesand penaltiesforparticularoffensesthatarecommon or recurringinnatureand forwhich a uniformfinescheduleisappropriate.A latechargefordelinquentassessmentsorcostsof collectionmay be added to an Owner's totalAssessment obligationand may be collected by theAssociationinthesame manner as providedforthecollectionof Assessmentsin Section5. (b)Suit.The Association,initsown name and on itsown behalf,or on behalfofallOwners, may enforcethe provisionsof thisDeclarationby prosecutinga proceedingatlaw or in equityagainstany persons or persons violatingor attemptingto violateany of the Covenantstoenjoinor preventthem from doingso,tocausetheviolationtobe remedied, and/ortorecoverdamages resultingfrom theviolation.The Associationmay alsofilesuit toenforceany liencreatedby thisDeclaration.The decisionastowhetheritisnecessaryor desirablefortheAssociationtotakeenforcementactionshallrestwithinthesolediscretion oftheBoard. (c) Self-Help;Abatement.In additiontoany otherremediesprovidedforhereinand available underlaw,theAssociationoritsdulyauthorizedagentshallhave thepower toenterupon a Lot or any portionof the Propertyto abate or remove,using such forceas may be reasonablynecessary,any Improvement,structure,thingor conditionthatviolatesthis Declaration.Except inthecaseof emergency situationsand towing,theAssociationshall givetheviolatingOwner or Occupant 10-dayswrittennoticeof itsintenttoexerciseself- help.All cost of self-helpshallbe assessedagainstthe violatingOwner,shallbe a continuinglienon the violatingOwner's Lot,and shallbe collectedas providedinthis DeclarationforthecollectionofAssessments. -35 - (d)Nuisance. Without limitingthe generalityof the remedies elsewhere provided in Declaration,theresultof everyactoromissionwhereby any Covenant isviolatedinwhole or in partisherebydeclaredto be a nuisance,and everyremedy againstnuisance,either publicorprivate,shallbe availabletotheAssociation. (e)Remedies Not Exclusive.The remediesprovidedinthisSection15 and elsewhereinthis Declarationand the Bylaws shallbe cumulativeand shallnot be exclusiveof any other remediesthatmay now orinthefuturebe availabletothepartiesasprovidedforatlaw or m equity. 15.3 Attorney'sFees.In any legalor equitableproceedingfortheenforcementof thisDeclaration, whetheritbe an actionfordamages,declaratoryrelieforinjunctiverelieforany otheraction,the losingpartyorpartiesshallpay thecostsand attorney'sfeesoftheprevailingpartyor parties,in suchreasonableamount asshallbe fixedby thecourtinsuchproceedingsorina separateaction broughtforthatpurpose. 15.4 No Waiver. The failureof any Owner,the Associationor the Board to enforcea Covenant containedinthisDeclarationshallinno eventbe deemed tobe a waiveroftherighttoenforce such Covenant or any otherCovenant thereafter,nor shallsuch failureresultinor impose any liabilityupon Declarant,theAssociationortheBoard. SECTION 16. GENERAL PROVISIONS. 16.1 Covenants to Run with Land, Duration,Binding EffectThe Covenants containedin this Declarationshallrun withthelandand bindtheProperty,includingeveryLot made subjectto thisDeclaration,and shallinuretothebenefitof and be bindingupon theLot Owners,and the heirs,personalrepresentatives,nominees,successorsand assignsofsuchLot Owners,fora term of 30 years from the date thisDeclarationis recorded.After such time,the term of the Declarationshallbe automaticallyextended for successiveperiodsof 10 years,unlessan instrumentin writing,signedby Owners representing75% of the totalMember Votes of the Association,hasbeen recordedwithintheyearprecedingthebeginningofeachsuccessiveperiod of10 years,agreeingtochangesaidcovenantsand restrictions,inwhole orinpart,ortoterminate thesame,inwhich casethisDeclarationshallbe modifiedorterminatedasspecifiedtherein. 16.2 Amendment. (a)Amendment by Declarant. Prior to the fee conveyance of Lots holding a sixty percent(60%) Membership Interest(determinedin accordancewith Paragraph4.3(a)and disregardingtheprovisionsof Paragraph4.3(b))inthe AssociationtoPersonsotherthan Declarant(oran entitycontrolledby orundercommon controlwithDeclarant),Declarant may unilaterallyamend thisDeclaration.Aftersuch conveyance,but no laterthan the expirationof the DeclarantControl Period,Declarant may unilaterallyamend this Declarationatany timeand from timetotimeifsuch amendment is(i)necessarytobring any provisionhereofintocompliancewith any applicablegovernmentalstatutes,ruleor regulation,orjudicialdetermination;(ii)necessarytoenableany reputabletitleinsurance company to issuetitleinsurancecoverage on the Lots;(iii)necessaryto enable any governmentalagency orreputableprivateinsurancecompany toinsuremortgage loanson theLots;or (iv)necessarytodocument adjustmentand redistributionof Owners' Percent Membership Interestsand Member Votes as provided in Paragraphs4.3(a)and 4.3(b); provided,however,any such amendment shallnot adverselyaffectthetitleto any Lot unlesstheOwner shallconsenttheretoinwriting.The provisionsofthisParagraph16.2(a) -36 - shallbe in additionto Declarant'srightto annex AdditionalPropertyand filea SupplementalDeclarationasprovidedinSection12.1. (b)Amendment by Members.Except as providedin Section16.2(a),thisDeclarationor any Covenant containedin itmay be amended only by (i)the affirmativevoteof Members representingseventy-five(75%) percentofthetotalMember Votes intheAssociation;and (ii)theconsentof Declarantduringthe DeclarantControlPeriod.Any amendment to be effectivemust be recordedinthePublicRecords.Ifan Owner consentstoany amendment tothisDeclarationortheBylaws,itwillbe conclusivelypresumed thatsuchOwner hasthe authoritysotoconsentand no contraryprovisioninany Mortgage orcontractbetween the Owner and a thirdpartywillaffectthevalidityof such amendment. No amendment may remove,revokeor modify any rightorprivilegeofDeclarantwithoutthewrittenconsentof Declarantortheassigneeofsuchrightorprivilege. (c) Cityof Bozeman as Party toAmendment.Notwithstandingtheprovisionsforamendment setforthin Paragraphs 16.2(a)and 16.2(b),no provisionof the Covenants or Design Guidelinesthatwas requiredby ordinanceorasa conditionofPUD platapprovalshallbe amended or revoked unlessthe City of Bozeman ismade partyto such amendment or revocationand consentsthereto.Without limitingthegeneralityoftheprecedingsentence, the Covenants requiringthe City of Bozeman's consentfor amendment or revocation include: (i)Section6.4(StormWater MaintenancePlan); (ii)Section9.5(DesignGuidelines),insofarasitrequirestheCityofBozeman's consent toalterthedesignstandardssetforththerein; (iii)Section12.4(Withdrawalof Property),insofaras itrequiresthe CityofBozeman's approvaltowithdraworremove Propertyfrom theCovenantsonce established;and (iv)Section14.7(EasementsforUse and enjoyment of Common Property)grantingLot Owners rightsand easementsforingressand egresstoand from and rightsofuse and enjoyment inand totheCommon Propertyforitsintendedpurposes,includingfor access,utilityconnections,drainagecourses,and stormwaterfacilities. 16.3 Variance and Waiver.Notwithstandinganything to the contrarycontained herein,the Associationshallbe authorizedto grant individualvariancesor waivers from any of the provisionsofthisDeclaration,excepttheprovisionsof Section5 hereofregardingAssessments, ifitdeterminesthata varianceor waiver of applicationor enforcementof the provisionin a particularcase would not be inconsistentwith the overallscheme of development for the Property;providedthatsuch varianceor waiver does not violateany applicableLaws. Such varianceor waivershallnot constitutea varianceor waiverfrom any governmentalauthority's rulesand regulations. 16.4 Partition.The Common Propertyshallremain undividedand,upon Declarant'sconveyanceto theAssociation,remaintitledintheAssociation.No Owner nor any otherpersonshallbringany actionforpartitionordivisionofthewhole or any partthereof,withoutthewrittenconsentofall Owners,thewrittenconsentof allthe EligibleMortgagees,and,ifsuch partitionor division occurswithintheDeclarantControlPeriod,thewrittenconsentofDeclarant. 16.5 Cannery Districtand Northside-Use of Terms. No Person shalluse the terms or names "Cannery District"or "Northside"in the name of any building,condominium or business enterprisethatisbuilt,establishedor conductedon any Lot or in any printedor promotional -37 - materialwithoutthepriorwrittenconsentof Declarant.Owners and Occupantsmay usetheterm "Cannery DistrictPlannedUnitDevelopment"inprintedor promotionalmatterwhere suchterm isusedsolelytospecifythattheparticularpropertyislocatedwithinthePUD. 16.6 Disclaimer.Except as expresslyprovidedinthisDeclaration,the Bylaws,or in agreementsor instrumentspertainingtoconveyanceoftheLots,Declarantdoesnotintendby thisDeclarationto make,and herebyexpresslynegatesand disclaims,any warrantiesand representationsregarding the value,nature,quality,physicalcondition,suitability,compliancewith Laws,or any other aspectof the Propertyor the Lots.Estimatesof Common Expenses made by Declarantare reasonablybelievedtobe accurateatthetimetheyaremade,butDeclarantmakes no warrantyor representationthatsuchestimatesareeithercorrectormay be reliedupon by any Person. 16.7 NoticeofSaleor TransferofTitle.Ifany Owner desirestosellorotherwisetransfertitletoits Lot,suchOwner shallgivetheBoard ofDirectorsatleastten(10)dayspriorwrittennoticeofthe name and addressofthepurchaserortransferee,the dateofsuchtransferoftitle,and suchother informationastheBoard may reasonablyrequire.UntiltheBoard receivessuchwrittennotice, the transferorshallcontinueto be jointlyand severallyresponsibleforallobligationsof the Owner of theaffectedLot,includingpayment of Assessments,notwithstandingthetransferof titletotheLot. 16.8 Proper Noticeto Owner or Mortgagee. Except as otherwisesetforthinthisDeclaration,any noticerequiredtobe givento any Owner or Mortgagee undertheprovisionsofthisDeclaration shallbe personallyservedor sentby faxwith confirmation,overnightcourieror certifiedU.S. mail,returnreceiptrequested,addressedtothelastknown addressofthePersonwho appearsas theOwner orMortgagee on therecordsoftheAssociationatthetimeofsuchservice.Ifthereare multipleOwners of a Lot,theAssociationshallbe obligatedto send noticeto only one of the multipleOwners,and noticetoone shallbe deemed noticetoall.MultipleOwners may designate one ofthem asthePerson entitledtonoticeby so notifyingtheAssociationinwritingstatingthe name and addressof such Person.Noticesunder thissectionshallbe deemed to have been received:(a)ifby personaldelivery,on thedatedelivered;(b)ifby facsimiletransmission,on the dateconfirmed;(c)ifby overnightdeliveryservice,on thedatedelivered;and (d)ifby mail, five(5)daysaftermailing. 16.9 No Dedication.Nothing containedinthisDeclarationshallbe construedordeemed toconstitute a dedication,expressorimplied,ofany partofthePropertyortheCommon Propertytoorforany publicuseorpurposewhatsoever. 16.10 Severability.The provisionsofthisDeclarationshallbe deemed independentand severable,and theinvalidity,partialinvalidityorunenforceabilityofany one ormore provisionsshallnotaffect thevalidityorenforceabilityofany otherprovision. 16.11 Captions.The captions,titles,section,and paragraphheadingsthroughoutthisDeclarationare forconvenienceand referenceonlyand shallnotbe deemed orheldtoexplain,modify,amplify oraidintheinterpretation,constructionormeaning ortheprovisionsofthisDeclaration,norto define,limitordescribethescopeorintentofa particularsection. 16.12 Cumulative Effect.The provisionsofthisDeclarationshallbe cumulativewiththeprovisionsof any applicableSupplementalDeclaration.The Associationshallhave the standingand authority toenforcetheprovisionsofany SupplementalDeclaration. 16.13 Interpretation.The provisionsof the Declarationand of the Bylaws to be promulgatedand recordedherewithshallbe liberallyconstruedto effectuatethe intentand purpose of the Declarationand theBylaws. -38 - IN WITNESS WHEREOF,Declaranthas causedthisDeclarationtobe made and executedasof thedate setforthatthehead ofthisinstrument. Cannery Distr'Partners,LLC by:CDP age nt,LLC by:,I* own Manager by: ScottR. De len orf,Manager ACKNOWLEDGEMENT STATE OF MONTANA ) : ss. County ofGallatin ) This instrumentwas acknowledged beforeme on Agu#31 ,2016,by ScottR. Dehlendorfas a Manager of CDP Management,LLC,a Montana limitedliabilitycompany,the Manager of Cannery DistrictPartners,LLC,a Montana limitedliabilitycompany. NotarySignature Seal:5 ""WILLIAM S DOCKINS NotaryPublicOTARMfortheStateofMontana Residingat:SEAL sozeman,MontanaSTATE OF MONTANA )*-My CommissionExpIres:: ss."",,4,,<May l6,2020 County ofGallatin ) This instrumentwas acknowledged before me on 2., 2016,by BarryL. Brown as a Manager of CDP Management,LLC,a Montana limitedliabilitycompany,the Manager of Cannery DistrictPartners,LLC,a Montana limitedliabilitycompany. NotarySignature Seal: "'WILLIAM S DOCKINS-.NotaryPublicTA%i fortheStateofMontana 4:--.:Residingat:SEAL.-5 sozeman,Montana-*/My CommissionExpires:so,,.,May 16,2020 -39 - EXHIBIT A ADDITIONAL PROPERTY The "AdditionalProperty,"allora portionofwhich may be annexedtothePropertyand subjectedtothe CovenantspursuanttoSection12.1oftheDeclaration,isdescribedasfollows: NorthsidePUD Parcels: TractsIand 4 ofMinor Subdivision391 totheCityofBozeman Tract2A ofMinor Subdivision391B totheCityofBozeman Tract3 Minor Subdivision391A totheCityofBozeman Tract5A ofMinor Subdivision391B totheCityofBozeman. Westlake/MartinenParcel: The NorthwestQuarter(NW1/4)ofSectionSix(6),Township Two (2)South,Range Six(6) East,M.P.M.,describedasfollows:Beginningatthe quartersectioncorneron thewest side ofsaidSection6:thenceEastalongtheSouthlineof saidNW1/4 a distanceof 1330.6feet; thenceNorth 2o West allowing190variationEast859.5feet,more or less,totheSoutherly rightof way lineofInterstateHighway I-90hertoforeconveyed totheStateofMontana for highway purposes;thenceNorthwesterlyalongtheSouth lineof saidhighway rightof way 1673 feet,more or less,totheWest lineof saidNW1/4 ofsaidSection6;thenceSoutherly along thesaidWest linea distanceof 1130.4feet,more or less,to the pointof begining, exceptingtherefroma tractof land in the Southeastcornerthereofcontaining.23 acres heretoforedeededtotheNorthernPacificRailway Company forrailroadrightof way. [Deed Reference:Film 81,Page 543]. -40 - Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 CDRC Letter of Approval 14 January 29, 2019 Mark Szostak Brininstool + Lynch 1144 W. Washington Blvd. Chicago, IL 60607 RE: Bldg. L Concept Review Mark, The Cannery District Review Committee (CDRC) has reviewed the Site Plan Application Set dated January 29, 2019 titled Bldg. L at Phase 3, Cannery District PUD. For submission to the City of Bozeman Department of Planning and Community Development (CoB Planning). The CDRC approves the Site Plan in its current form for submission to the CoB Planning Department as part of the Site Plan Review Application. Thank you, Barry Brown, Member Cannery District Review Committee Cc: Scott Dehlendorf, Member Ben Lloyd, Member Doug Minarik, Member Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Backup Generator Exhibit 15 Mark Szostak From: Bob Risk <brisk@BOZEMAN.NET> Sent: Thursday, December 20, 2018 4:54 PM To: Mark Szostak Cc: Dan Martus Subject: RE: Cannery District Building L Mark- First, thank you for your persistence. I looked over the plans for Sobo Lofts and Building L at the Cannery, and you are correct… they are basically the same. You are also correct that Building L, like the Sobo lofts, does not need the emergency backup generator even though all four floors are required to be accessible floors. The reason the generator is not required is that the building is only four stories which makes it technically only 3 stories above the level of exit discharge. If you were 4 stories over the level of exit discharge, you would have a 5 story building or a 4 story building with an occupied roof. I had it in my mind that Building L was 4 stories above the level of exit discharge… reviewing the plans showed me that I was wrong. It technically is only 3 stories above the level of exit discharge. Again, thank you for hanging in there. I would really hate to have a misunderstanding or an error on my part cause a building owner to unnecessarily install an expensive item like a power generator. Sorry for any confusion. You’re good to go. Bob Risk Chief Building Official BOZEMAN MT    PO Box 1230 Bozeman, MT 59771 406-582-2377 Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Easement Exhibit 16 Return to: CDP Management, LLC 113 East Oak, Suite 4A Bozeman, Montana 59715 EASEMENT AGREEMENT ............................................................................................................................................. PAGE 1 OF 4 DRAFT 1-24-2019 EASEMENT AGREEMENT This Easement Agreement (“Agreement”) is made ____________, 2019, between CANNERY DISTRICT PROPERTY OWNERS ASSOCIATION, a Montana non-profit corporation, 113 East Oak, Suite 4A, Bozeman, Montana 59715 (the “Association”), and CANNERY DISTRICT PARTNERS, LLC, a Montana limited liability company, 113 East Oak, Suite 4A, Bozeman, Montana 59715 (“CDP”). The Association and CDP are sometimes referred to herein collectively as the “Parties” and individually as a “Party.” RECITALS A. The Association is the owner of a tract of land within the Cannery District Planned Unit Development, Bozeman, Montana (“Open Space Lot 3”), more particularly described as follows: Common Open Space Lot 3 of the Amended Subdivision Plat No. C-41-M, being portions of Blocks 2 and 3 of Imes Addition to the City of Bozeman and Tract 3-A of Certificate of Survey No. 2128B and Tracts 1, 2 and 3 of Certificate of Survey No. 2877, Gallatin County, Montana, all according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. B. CDP is the owner of a tract of land within the Cannery District Planned Unit Development that is situated contiguous to and surrounded on all sides by Open Space Lot 3. This tract (“Lot L”) is more particularly described as follows: Lot L of the Amended Subdivision Plat No. C-41-M, being portions of Blocks 2 and 3 of Imes Addition to the City of Bozeman and Tract 3-A of Certificate of Survey No. 2128B and Tracts 1, 2 and 3 of Certificate of Survey No. 2877, Gallatin County, Montana, all according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. C. CDP desires to construct a mixed use commercial and residential building (“Building”) on Lot L. The present Building design and specifications contemplate that balconies will project from the Building’s exterior on its north and south-facing sides and encroach into the airspace above Open Space Lot 3. Below grade portions of the Building’s foundation will also encroach upon Open Space Lot 3. CDP desires to obtain easements upon Open Space Lot 3 allowing these balcony and foundation encroachments, and the Association is willing to grant such easements, all as set forth in the following Agreement. EASEMENT AGREEMENT ............................................................................................................................................. PAGE 2 OF 4 DRAFT 1-23-2019 IN CONSIDERATION of the mutual covenants contained herein, the Parties, intending to be legally bound, agree as follows: 1. Grant of Easements. For valuable consideration, the receipt of which the Association hereby acknowledges, the Association hereby grants to CDP the following non-exclusive easements: (i) an easement (the “Balcony Easement”) over and upon Open Space Lot 3 for the location, construction, and maintenance of balconies projecting from the Building’s north and south-facing exterior and encroaching into the airspace above Open Space Lot 3; (ii) an easement (the “Foundation Easement”) upon Open Space Lot 3 for the below-grade portions of the Building’s foundation. These easements shall run with the land, subject to its termination as provided herein. The dominant estate is Lot L, and the servient estate is Open Space Lot 3. 2. Location and Dimensions. The Balcony Easement has six separate easement areas that shall be located and have the dimensions shown on Exhibit A (Building L Easement Exhibit, dated 1-23-19), attached hereto and incorporated by this reference. The Foundation Easement area shall initially be 4.0' strips of Open Space Lot 3 which both adjoin and frame the entire perimeter boundary of Lot L. The strips shall extend at the corners of Lot L to form corners of the easement area which shall be no more than 5.66' distant from the corners of Lot L. Upon completion of construction of the Building, the Foundation Easement area shall be deemed to be the actual area that installed Building foundation components encroach into Open Space Lot 3. 3. Fire Protection Buffer Zones. The Association agrees that it will recognize fire protection buffer zones in and on Open Space Lot 3 that extend 10' around each of the Balcony Easement areas. The Association covenants that it will not construct, or allow to be constructed, any improvement within the fire protection buffer zones that would render the balconies noncompliant with any applicable fire code. 4. Use. CDP may use the Balcony Easement areas for the location, construction, reconstruction, and maintenance of exterior balconies projecting from the Building. The balconies may, in turn, be used for their normal and intended purposes by Building owners, tenants, occupants, and invitees. The Foundation Easement area may be used for the location, construction, reconstruction, and maintenance of foundation components of the Building. All such foundation components within the Foundation Easement area shall be below grade. 5. Duration and Termination. The easements granted herein shall terminate upon the earliest of the following occurrences: (i) the Building is destroyed by the voluntary act of its owner; (ii) the Building is substantially destroyed by fire or other casualty, and the owner of the Building does not commence and complete reconstruction of the Building within the time allowed under the Declaration of Covenants, Conditions, and Restrictions for the Cannery District, Document No. 2556366, Records of Gallatin County, Montana, as the same may be amended from time to time; or (iii) the Building owner reconfigures or substantially alters the Building so that use of one or more of the easements or easement areas is unnecessary to conform the reconfigured or altered Building with applicable building codes and regulations. Upon such occurrence all rights of CDP, and its successors and assigns, with respect to such easements under this Agreement shall cease. The Balcony Easement and Foundation Easement may terminate independently of each other. 6. Indemnification. CDP agrees to indemnify fully and hold harmless the Association from and against any and all claims, demands, suits, causes of action, proceedings, judgments, damages, costs, expenses, and liabilities (including without limitation, reasonable attorneys fees) (collectively “Claims”) (i) for bodily injury, property damage or other liability to the extent such Claims result EASEMENT AGREEMENT ............................................................................................................................................. PAGE 3 OF 4 DRAFT 1-23-2019 from the wrongful or negligent acts or omissions of CDP, or its employees, agents, contractors, tenant, and invitees, in the course of such persons’ use of the easements or other exercise of the rights granted in this Agreement; (ii) on account of violation by CDP, or its employees, agents, contractors, lessees, and invitees, of laws, codes, ordinances or regulations applicable to such persons’ use of the easements or other exercise of the rights granted in this Agreement; and (iii) in respect to any demands or liens by materialmen, laborers, and contractors for nonpayment of amounts due as a result of furnishing materials, services or equipment to CDP for maintenance or improvement of the Building or of the easements granted herein. Notwithstanding the preceding sentence, CDP shall have no obligation to indemnify the Association for Claims resulting from the the wrongful or negligent acts or omissions of the Association, or its employees, agents, or contractors. 7. Miscellaneous. (a) Equitable Remedies Allowed. The Parties recognize that damages or other legal remedies will not be adequate for a breach of this Agreement. Therefore, a Party enforcing any of the terms of this Agreement shall be entitled to the remedies of injunctive relief and specific performance in addition to other remedies allowed at law or equity (b) Entire Agreement. This Agreement constitutes the entire understanding among the Parties with respect to the subject matter thereof and supersedes all negotiations, representations, prior discussion and preliminary agreements among the Parties hereto relating to the subject matter of this Agreement. (c) Captions. The captions, titles and section headings throughout this Agreement are for convenience and reference only and shall not be deemed or held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement, nor to define, limit or describe the scope or intent of a particular section. (d) Binding Effect. Except as expressly provided otherwise herein, the terms, covenants and conditions contained in this Agreement shall run with the land and bind the CDP Tract, Building, and RR Tract and shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, personal representatives, successors and assigns. (e) Recording. Either Party may record this Agreement in the records of Gallatin County, Montana. (f) Governing Law. This Agreement and any disputes arising hereunder shall be governed hereafter and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. (g) Counterparts. This Agreement may be executed in any number of counterparts, all of which when taken together will constitute one and the same instrument. [Signatures and acknowledgments on next page] EASEMENT AGREEMENT ............................................................................................................................................. PAGE 4 OF 4 DRAFT 1-23-2019 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day and year first above written. Cannery District Property Owners Association by: _________________________________________ its __________________________________________ Cannery District Partners, LLC by: CDP Management, LLC its: Manager by: ___________________________________ its: Manager STATE OF MONTANA ) : ss. County of Gallatin ) This instrument was acknowledged before me on ______________, 2019, by _________________________, as ___________________ of Cannery District Property Owners Association, a Montana non-profit corporation. _________________________________________ Notary Signature Seal: STATE OF MONTANA ) : ss. County of Gallatin ) This instrument was acknowledged before me on ______________, 2019, by __________, as a manager of CDP Management, LLC, a Montana limited liability company, as manager of Cannery District Partners, LLC. _________________________________________ Notary Signature Seal: Item Building L at Phase 3, Cannery District PUD Site Plan Application January 29, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 Departures Narrative 17 312 640 0505 1144 West Washington Blvd. Chicago, Illinois 60607 MEMORANDUM Project: Building L at Phase 3, Cannery District PUD To: City of Bozeman –Planning From: Brininstool + Lynch Date: 29 January 2019 Subject: Departures Narrative Section 38.520.030 – Relationship to Adjacent Properties, Part C – Light and air access and privacy along side and rear property lines. Buildings or portions thereof containing multi-household dwelling units whose only solar access (windows) is from the applicable side of the building (facing towards the side property line) must be set back from the applicable side or rear property lines at least 15 feet. See figures 38.520.030.B and C. Departures will be allowed where it's determined that, based on the unique site context, the proposed design won't create a compatibility problem in the near or long term. Narrative Response to Departure The intent of this section is to promote functional and visual compatibility between developments and to protect the privacy of residents. Buildings L and M have been carefully planned concurrently and within the overall guidelines for the Cannery District PUD to complement each other in terms of both design as well as use. Note that only Building L includes residential units on the upper floors. Building M will be offices. Functionally, the 11 feet of common open space between the two buildings combined with a 5-foot setback for Building L and a 1.5-foot setback for Building M results in a cumulative building separation of 17.5 feet. Two trees are planned between the buildings. There will not be a compatibility problem in the near or long term for these residences. Also, please note that a PUD relaxation was granted to allow the pad lots to have zero setbacks. Item Building L at Phase 3, Cannery District PUD Site Plan Application April 10, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 RC - Revision and Correction Submittal Form RC-01 RC Revision and Correction RC Page 1 of 2 Revision Date 3‐20‐18 Required Forms: PLS REVISION AND CORRECTION SUBMITTAL FORM ADDITIONAL OR REVISED PLANS OR DOCUMENTS FOR AN ACTIVE PROJECT WILL NOT BE ACCEPTED UNLESS ACCOMPANIED BY THIS COMPLETED FORM. MAILED RE‐SUBMITTALS THAT DO NOT INCLUDE THIS FORM OR THAT DO NOT CONTAIN THE CORRECT NUMBER OF COPIES WILL NOT BE PROCESSED. FEES ARE REQUIRED FOR THIRD AND SUBSEQUENT REVISIONS. SUBMITTAL REQUIREMENTS All revisions / correction submittals must contain the following: A completed RC revision/correction submittal form. The same number of copies and sizes and formats (including digital) as required for the initial application. Plans and documents, including digital files must meet plans, specifications and naming protocols. See form PLS. Revised drawings must be updated with a new current date on each revised sheet.Title sheet table of contents/plan schedule must be updated with new dates for each sheet modified. If complete plans sets are updated, retain the original date on sheets that have not been updated or revised. A written narrative that shows an itemized summary of your submittal and description of each change or revision in detail or document. Changes to plans sheets must include sheet and detail numbers. All changes must be clouded or highlighted on each plan set. Legal documents, studies, letters or other documentation must have a clear date of revision on the front page. Fees are required for a third and subsequent submittal of revised/corrected materials. The fee is ¼ of the total original application fee. Re‐submittal of plans must be complete plan sets if individual sheets are modified. No individual sheets will be accepted. RC form must be the first item in all resubmitted sets. INFORMATION Application file #: ______________________________ Application type: ______________________________ Project Name: Contact Name: Phone: Email: Revision and Correction RC Page 2 of 2 Revision Date 3‐20‐18 Required Forms: PLS SUBMITTAL TYPE NEW CHANGE: A revision or change that the applicant has made to a plan that is currently under review that is new and has not been reviewed before. CORRECTION: A correction to the plans that is an applicant response to a correction letter written by the City to the applicant. If both types are being submitted, the written narrative required above listing itemized changes must clearly differentiate between changes and corrections and each must be clearly labeled. Changes to preliminarily approved plans or approved plans are processed under the modification application process, use form MOD for those changes. Re‐submittal of plans must be complete plan sets if individual sheets are modified. No individual sheets will be accepted. CITY USE ONLY CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406‐582‐2260 fax 406‐582‐2263 planning@bozeman.net www.bozeman.net Date received: Checked and received by: Number of sets submitted: Includes digital copy Y/N:: Superion updated? Y/N: Planner/Engineer: DRC Required? Y/N: Date routed to Engineer: If no DRC, date comments due to planner. 10 working days from submittal date typical: 312 640 0505 1144 West Washington Blvd. Chicago, Illinois 60607 MEMORANDUM Project: Building L at Phase 3, Cannery District PUD To: City of Bozeman – Community Development Department From: Brininstool + Lynch Date: 10 April 2019 Subject: RC Submittal Summary Narrative Please see below for itemized summary of submittal and description of each change. Documents Document: RC-01 Building L - RC Revision and Correction Submittal Form – 04-10- 2019 - RC Form, completed - Submittal Summary Narrative - Building M Phase 3 site revisions narrative Document: 00 Building L - Cover Page & Table of Contents - 04-10-2019 - Updated table of contents Document: 09 Building L – Water Engineer’s Report - 04-10-2019 - Issued per DRC Comments. See updated document and RC-02 for narrative Document: 10 Building L - Sewer Engineer's Report - 04-10-2019 - Issued per DRC Comments. See updated document and RC-02 for narrative Document: RC-02 Building L - RC DRC Comments Narrative – 04-10-2019 - Applicant responses to DRC Comments Document: RC-03 Building L – RC Existing SID Waivers – 04-10-2019 - Issued per DRC Comments. See document and RC-02 for narrative Document: RC-04 Building L – RC Trip Generation Comment Responses – 04-10-2019 - Issued per DRC Comments. See document and RC-02 for narrative Document: RC-05 Building L – RC Design Compliance Exhibit – 04-10-2019 - Issued per discussion related to DRC Comments. See document and RC-02 for narrative Document: RC-06 Building L – Solid Waste Exhibit - Issued per DRC Comments. See document and RC-02 for narrative Document: RC-07 Building L – Easement Exhibit #2 - Issued per DRC Comments. See document and RC-02 for narrative Building L at Phase 3, Cannery District PUD RC Submittal Summary Narrative Drawings All sheets from initial 01-29-2019 submittal included in this submission. Revised sheets have been dated, bubbled, and tagged. See included Building M RC Narrative for Phase 3 Site Revisions, originally submitted on March 19, 2019, (attached to the back end of this document) Civil Sheet C1.0 MOD has been superseded by C1.0 dated 03.19.2019 Building L Revisions: 1. Overall Building Form Planning Division staff indicated they did not find the building form to be primarily horizontal and that Building L competed with the Cannery Building. We have flattened the pitched roof, resulting in a shorter overall building height. Addi Jadin has indicated that planning staff find the revised flat roof design to be in compliance with the PUD design requirements (RC-05). Reference: A.105 ; A.301 ; A.302 ; A.401 ; A.402 ; A.901 2. Utility Meters Northwest Energy has provided meters location and clearance requirements. This resulted in revising the meter wall at the northeast ground level to accommodate the utility companies’ requirements. We moved the northernmost storefront windows further north and shifted the electric meters south. To the north of the storefront is the gas meter bank. To satisfy 38.530.070, we extended the window header above the meters, meaning no area of blank wall is greater than 10’x15. See east elevation and ground floor plan. Reference: A.101 ; 2/A.302 3. Residential Lobby Elevation The ground floor datum of the residential lobby was located at (-)0’-8 ½”. This has been moved down to (-)0’-9 ¾” to match the Civil sitework. The commercial slab datum at 0’-0” is unchanged. Reference: A.101 4. Back of House Spaces Minor revisions to ground floor plan at residential back of house spaces – recycling has a separate room, trash room door is larger, added a janitor closet, moved elevator closet door. Reference: A.101 5. Amenity Spaces Minor revisions to the 4th floor outdoor amenity space include refined planter and lighting layout. Per DRC comments, we are showing the intended uses of the indoor North and South Amenity spaces on the drawings. The South Amenity is intended to be used as a lounge, party room, and shared/prep kitchen for indoor and outdoor dining. Only the kitchen is built-in, allowing tenants and owner to rearrange the furniture, game tables, etc. as required for a variety of uses. The smaller North Amenity is primarily a business center or shared office with conference room capability for tenant use. When not used as a business center, it can also be utilized for private dining events. Windows along both amenity room’s east wall provide Building L at Phase 3, Cannery District PUD RC Submittal Summary Narrative views of the Bridger Mountains. Reference: A.104 6. Roof Plan Revisions to parapets, roof drains, and mechanical screen wall due to new flat roof. Removed gutters and downspouts. Reference: A.105 ; 7/A.411 7. Material Changes Material finishes have been revised to closer match other finishes around the Cannery District. See elevations, material samples, and renders. Reference: A.301 ; A.302 ; A.901 8. Blank Wall Treatment The north/south core has been revised to comply with 38.530.070. The parapet height has been lowered, the south facade has windows, and we are using a variety of standing seam widths to break up the blank wall on both the north and south facades. Reference: 1/A.301 ; 1/A.302 9. Details Mechanical Screening –Height of screen wall has been lowered Reference: 7/A.411 Page 1 of 2 March 18, 2019 RC Narrative March 19, 2019 Project: Building M at Phase 3, Cannery District PUD Cannery District Partners, LLC Job #: 18-02 Subject: Revisions & Corrections - Site Plan Application To: Community Development Department, City of Bozeman From: Mike Guiliano, Comma-Q Architecture Copy To: File Narrative Revisions Overview Building M at Phase 3, Cannery District PUD received no comments which would trigger “Corrections”. All changes associated with this RC Submittal are primarily design team-driven “Revisions” made after the original Site Plan Application submittal. The list below itemizes and describes each revision, as well as referencing the sheets and/or drawings where the revisions can be found. Issued dates on sheets including revisions have been modified accordingly. Regarding revisions on Civil drawings: all revisions are identified on “Sheet C1.0 - Civil Site Plan”. The remaining civil sheets have been updated to reflect these changes but do not specifically call them out. Phase 3 Site Revisions: 1) Building M Electrical Transformer location moved. Northwestern Energy comments regarding access to utility lines required the location of the transformer to be moved from between Building M and Building D to the parking island north of Building M and Building L. The existing transformer between M and D will remain. Building M and Building L will share the transformer located to the north in the parking island. Utility lines have been relocated to the north, and no longer run north to south between Building M & L. This revision is identified on the civil site plan sheet C1.0. 2) Removed Tree. Northwestern Energy requested a tree to the northwest of Building M be removed for utility access between Building M and Building D. This revision is identified on the civil site plan sheet C1.0, the architectural site plan A.02, and the landscape site plan L0.0. 3) Modified parking spaces from common to reserved. This revision consists of changing 11 spaces from common to reserved residential parking, bringing the reserved parking space total to 52 spaces. This revision was included as part of Building L’s site plan application and is now being revised Page 2 of 2 March 18, 2019 (updated) in Building M’s application. This revision is identified on the civil site plan sheet C1.0. 4) Removed covered parking. The original site plan application called for a portion of the parking to the north of Building L to be covered. This revision was included as part of Building L’s site plan application and is now being revised (updated) in Building M’s application. This revision is identified on the civil site plan sheet C1.0. Building M Revisions: 5) Steel Connector Bridge at Level 2 has been removed. The connector bridge between Building M and Building D’s fire escape stair (included in the original Site Plan Application) has been removed from the design of the building due to Tenant-Driven changes. The ability for the two buildings to connect above grade is no longer needed. Where the bridge was previously shown attaching to Building M, there is now a large aluminum framed window that matches other windows on the South Elevation. This revision is identified in the following architectural sheets: A.02, A.04, A.07, A.08, and A.09. 6) Added planting beds. Two planter beds have been added, one at the east entrance and one at the west entrance to address awning drainage and way-finding. The beds will consist of gravel and small plantings. This revision is identified on the civil site plan sheet C1.0, and the architectural site plan A.02. 7) Minor exterior building changes. One window at the west elevation was removed to address interior tenant layout. The FDC was moved to the northeast side of the building. MEP spaces at the basement level were slightly modified. Gas utility meters were moved to the north end of the meter bank to address Northwestern Energy comments. An east-facing large sliding door unit was modified in elevation. The awning at the west entrance was enlarged to address drainage concerns. These revisions are identified on the following sheets: A.02 – A.08. 8) Exterior Building Lighting. Minor changes to exterior building lighting have been made. Linear fixtures at overhangs and awnings have been modified to be LED tape lighting. Two wall- mounted fixtures have been added at the Level 2 exterior deck area. Some of the exterior wall-mounted fixtures at the ground level have been removed at the east elevation. These revisions are identified on the electrical site plan sheets ES1.1- ES1.4. Item Building L at Phase 3, Cannery District PUD Site Plan Application April 10, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 RC - DRC Comments Narrative RC-02 Page 1 of 8 FROM: DEVELOPMENT REVIEW COMMITTEE RE: CANNERY DISTRICT BUILDING L, SITE PLAN APPLICATION # 19040 DATE: MARCH 26, 2019 April 10, 2019 Applicant responses are in red. Project Location: 221 E. Oak Project Description: Site plan application for a 4‐story, 61,966‐square‐foot, mixed use building with commercial and residential uses in the B‐2 zoning district and the Cannery District PUD. The building includes 14,813 square feet of ground‐floor commercial space; 52 residential units consisting of 15 studio, 25 one‐bedroom and 12 two‐bedroom units; and related site improvements. Recommendation: The DRC review finds that the project does not comply with the requirements of the Bozeman Municipal Code and is deeming the application inadequate for further review. Code corrections must be satisfied prior to continued review. All references are to the Bozeman Municipal Code (BMC). Section 2 – 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 development. 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. Section 3 – REQUIRED CODE CORRECTIONS Planning Division, Addi Jadin, ajadin@bozeman.net, 582‐2260 1. Please submit all revisions using Corrections and Revisions cover sheet. Submit a full set of drawings (2 large format and 1 11x17) with revisions clouded. Include a table of contents will all drawings and their date of creation/revision. Ensure that the electronic version includes a fully updated, complete application. Page 2 of 8 The full set of plans is being resubmitted with revised items clouded. Cover Sheet A.000 includes an updated sheet list with revised dates of drawings. No Civil, Landscape, and Electrical plan changes are required for the Bldg L Site Plan RC submittal. However, Civil, Landscape, and Electrical plans for the Cannery District Phase 3 site improvements were updated on 3-19-19 for the Bldg M Site Plan Revision and Correction submittal. These updated plans have also been included with Bldg L Site Plan Revision and Correction submittal as they are the most current Civil, Landscape, and Electrical plans for the project. 2. Review by the Design Review Board will be scheduled upon determination that the project is adequate for continued review. 3. Cash‐in‐lieu of parkland was reviewed by the Recreation and Parks Advisory Board. Additional information was requested and will be provided by Planning Staff. We will inform you of the amount due prior to site plan approval. 4. Section 38.530.070, blank wall treatment, is not met in the north and south elevations of the elevator/circulation tower. Any expanse of wall greater than 10‐feet wide by 15‐feet high must feature design treatments as described in this section. Revised on both north and south elevations with material variation, lowered the total height of the core walls, and the south wall has windows to break up the blank wall. The revised elevations are dimensioned to show compliance with the blank wall requirements per the UDC – See elevation drawings on sheets A.301 and A.302 Please note, the UDC defines Blank Walls in two different ways: We have followed the more conservative definition found in Section 38.530.070 UDC Article 7 Definitions - defines a Blank Wall as “A ground floor wall or portion of a ground floor wall over ten feet in height has a horizontal length greater than 20 feet and does not include a transparent window or door.” UDC Article 5 - Section 38.530.070 defines a blank wall as “A wall (including building façades and retaining walls) is considered a blank wall if it is over ten feet in height, has a horizontal length greater than 15 feet, and does not include a transparent window or door.” 5. Staff will carry discussion forward to the Design Review Board regarding the building’s compliance with PUD Part 2 Design Guidelines, as previously noted in the Conceptual Review Comments. ‐ Section 4.01.a.2. Page 3 of 8 Staff does not find the building form to be primarily horizontal. Horizontality of building forms may be enhanced through the use of materials, weather protection, etc. ‐ Section 4.01.b. The initial PUD indicated that building L would be a 2‐story building with maximum height of 44 feet. The intent of this section is that new buildings do not compete with the four‐story portion of the Cannery Building in mass, scale and height. With the new proposed height and building form, further elements to differentiate from the Cannery Building are necessary. We sent a sketch render showing our intent to lower the overall building height and flatten the pitched roof to Addi Jadin. Addi responded with preliminary approval by staff. See Document RC-05 and drawings 6. 38.520.060.B.4. requires that the interior open space provided must be designed specifically to serve interior recreational functions…Such space must include amenities and design elements that will encourage use by residents. Inadequate amenities and design elements are provided for the “north” and “south” amenity spaces. The south amenity is intended to be used as a lounge, party room and shared/prep kitchen for indoor and outdoor group dining. The north amenity is a shared office and business center for tenants and can also serve as a space for private dining events. We have revised the drawings to show these uses. – See drawings and RC Narrative. 7. Further detail is needed to show how the off‐site open space area meets the criteria of 38.520.060.D. The residential open space that is required from the adjacent PUD open space area is 1,534 square ft. The overall PUD open space and this pocket of residential space work together to create a variable and usable space for all residents and therefore all amenities and seating elements are considered as a whole, as opposed to limiting these elements to a small 1,534 square foot pocket. The space designated as residential open space is adjacent to the Rail Trail and directly accessible via foot or bike. It is situated in a sunny space, not shaded by adjacent buildings and is a part of an overall designed space featuring pockets of lawn, a shared recreational path shaded by a corridor of trees, and pull-outs containing either picnic tables or benches. These combined spaces have a total of 110 Lineal feet of seating and are dispersed in order to give privacy to users as well as providing for ample seating at different times of the day. 38.520.060.D. Page 4 of 8 1. Required pedestrian-oriented open space features. a. Visual and pedestrian access into the site from a street, private access road, or non vehicular courtyard – The open space can be accessed from both public street via the Rail Trail on both the East and West sides. The Rail Trail is adjacent to Building L and provides very easy visual and pedestrian access from the building. b. Paved walking surfaces of either concrete or approved unit paving. – The adjacent walking surfaces are all concrete with decorative unit paving. c. Lighting must conform to division 38.570. – All lighting conforms and provides a safe and well lit space. d. The spaces must be located in or adjacent to areas with significant pedestrian traffic to provide interest and security – The space is adjacent to the Rail Trail as well as numerous buildings and parking lots. It is very easily accessed and in a central location. e. At least 2 ft of seating area ( a bench or ledge at least 16 inches deep and appropriate seating height) or one individual seat per 60 sq/ft of plaza area or open space – The 1,534 pocket or required residential open space would require 51 lineal feet of seating. In order to create the best design for both the PUD and this small pocket of residential open space we feel it is best to view the space as a whole and utilize seating and picnic tables all along the Rail Trail and distribute these evenly. The Phase 3 open space currently has 110 lineal feet of seating. f. Landscaping components that add visual interest and do not act as a visual barrier. This could include planting beds, raised planters, and/ or potted plants. – The entire Phase 3 open space is surrounded by a combination of perennials/ornamental grasses, lawn and shade trees. The plantings will be done in accordance with the existing planting character of the Cannery District. The lawn space will be an asset to residents with dogs as a dog walking and recreation space. 2. Desirable pedestrian-oriented open space features. The open space does have pedestrian amenities and site furnishings as well seating along building edges. 3. Features prohibited within a pedestrian oriented open space. a-e. The open space does not feature: asphalt, adjacent trash areas, chain link fences, adjacent blank walls or outdoor storage. Engineering Division; Anna Russell, arussell@bozeman.net; 1. BMC Section 38.410.3130. Please edit and resubmit the Cash‐In‐Lieu of water rights document; Brian Heaston’s email is cut off and the total is not visible. Page 5 of 8 The full calculations from the email were provided on the page before the email text. The total is 6.99 ac ft with a CILWR fee of $41,952. BMC Section 38.410.070. The Sewer Design Report incorrectly uses an average daily flow rate of 47 gal/person/day with 81.5 people estimated. The current Design Standards and Specifications Policy Section V.B.4 requires new sewer lines to be designed to accommodate flows of 89 gallons per capita per day with 2.11 people per dwelling unit. The Water and Sewer Engineering Reports have been updated to show a design flow of 89 gpd per capita for the residential use. The unit distribution has also been updated to match the final building design. Rather than use a typical residential single household dwelling occupancy rate, typical unit occupancies have been provided corresponding to unit design. The table below summarizes the Building L residential design flows. For consistency both the Water and Sewer use the same design flows. BLDG 'L' RESIDENTIAL UNITS # of Units People/unit # of  Peo.  gal/day/ person GPD               Residential Studio Apartments 15 1.25 18.75 89  1,669 Residential1‐Bdrm Apartments 25 1.5 37.5 89  3,337 Residential 2‐Bdrm Apartments 12 2 24 89  2,136  Subtotal 'L' Residential  80.25            7,142  2. BMC Section 38.270.030.C. An Irrevocable Offer of Dedication needs to be submitted with the Concurrent Construction application. A DEQ approval letter must also be submitted. Noted. The infrastructure design approvals from the City of Bozeman and DEQ, as well as the Irrevocable Offer of Dedication will be provided to the City for their final review of Concurrent Construction. 3. ITE code on page 3 of the Traffic Impact Study letter shows 221 in the table and 231 below the table. Reconcile the discrepancy and resubmit the correct ITE Code. An Updated Trip Generation memo is provided with this discrepancy reconciled. The correct code is 231 and this rate is used for the trip generation. See Document RC-04 4. If not already filed for the subject site, the applicant will need to provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: Page 6 of 8 a. Street improvements to E Oak Street (between N 7th Avenue and N Rouse Avenue) including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to N Rouse Avenue including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements for E Oak Street and N Rouse Avenue d. Intersection improvements for Oak Street and N 7th Avenue The document filed must specify that 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, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to site plan approval. Waivers of Right to Protest were provided with the Annexation Agreement covering off- site street improvements. A copy of the recorded document is provided. See Document RC-03 5. BMC Section 38.230.100. The applicant did not respond to a Concept Review Comment related to making a clear comparison between trips generated from the original submittal to the current submittal with 52 more residential units. The tables below displays the differences between the original PUD and current project trips generated based on building use and square footage. Include these or similar tables in the updated trip generation document. An updated Trip Generation memo is provided with this comparison clearly identified. Average Weekday ITE Code Land Use No. Units Rate Units Ave Weekday Rate Total Trips Submitted 2/11/2015 Phase 3: (Buildings L & M) 710 General Office Building 42.5 1000 sf *4 469 Phase 3 Total = 469 Submitted 10-16-2018 Phase 3: (Buildings L & M) 710 General Office Building 31.47 1000 sf *4 347 221 Mid-Rise Apartments 52.00 Dwelling *13 146 Phase 3 Total = 493 Difference between Original and Current Trips 496-469=24 Page 7 of 8 Peak AM Hour ITE Code Land Use No. Units Rate Units Peak AM Hour Rate Total Trips Enter Exit Submitted 2/11/2015 Phase 3: (Buildings L & M) 710 General Office Building 42.5 1000 sf *5 66 58 8 Phase 3 Total = 66 58 8 Submitted 10-16-2018 Phase 3: (Buildings L & M) 710 General Office Building 31.47 1000 sf *5 49 43 6 221 Mid-Rise Apartments 52.00 Dwelling *14 19 5 14 Phase 3 Total = 6848 20 Difference between Original and Current Trips 2-10 12 Peak PM Hour ITE Code Land Use No. Units Rate Units Peak AM Hour Rate Total Trips Enter Exit Submitted 2/11/2015 Phase 3: (Buildings L & M) 710 General Office Building 42.5 1000 sf *6 63 11 52 Phase 3 Total = 6311 52 Submitted 10-16-2018 Phase 3: (Buildings L & M) 710 General Office Building 31.47 1000 sf *6 47 8 39 221 Mid-Rise Apartments 52.00 Dwelling *15 16 10 6 Phase 3 Total = 6318 45 Difference between Original and Current Trips 0 7 -7 Solid Waste Division; Kevin Handlin khandlin@bozeman.net 1. First in the Master plan for Building L it shows that they are using an existing enclosure for their trash, then in the floor plans they show a room used to house the refuse containers. The existing off site enclosure is for commercial tenant use only. The interior trash room is connected to a trash chute for residential tenant use. 2. Their plan to use a refuse room located in the center of the building is not acceptable. They show plans to use a compactor with dumpsters. Doing this Page 8 of 8 makes the dumpsters too heavy to be moved down a hallway and out the door. If they insist on having a trash room it will need to be located on an exterior wall with a garage door that opens for easy truck access. The applicant met with Russ Ward from the City of Bozeman Solid Waste Division. After discussion of the design intent, Russ requested a legal document requiring of the building owner to move the trash containers out of the building into the loading zone prior to pickup, and then to put them back. With this legal document making this a building owner requirement, Russ agreed that interior trash storage was acceptable. Furthermore, the owner has obtained a “will serve” letter from Republic Services stating that they will provide service that includes moving the trash containers out of the building. The legal document is required just in case the City were to provide collection services. The required legal document and Republic letter is provided in RC‐06. Building Division; Bob Risk, brisk@bozeman.net, 406‐582‐2377 1. The easement to accommodate balcony encroachments must be a “no‐build easement”. The easement document has been revised to show a “no‐build easement” around the balconies. The updated easement document is provided in RC‐ 07. Other Reviewers: Engineering Division; Anna Russell, arussell@bozeman.net; Fire Department; Scott Mueller, smueller@bozeman.net, 406‐582‐2382 NorthWestern Energy; Cammy Dooley, cammy.dooley@northwestern.com Water and Sewer Division; John Alston, jalston@bozeman.net, 406‐582‐3200 Forestry Division; Alex Nordquest, anordquest@bozeman.net, 406‐582‐3205 Future Impact Fees ‐ Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit. Note: During preparation of the staff report, additional conditions of approval may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project. Item Building L at Phase 3, Cannery District PUD Site Plan Application April 10, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 RC - Existing SID Waivers RC-03 EXHIBIT C WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS CANNERY DISTRICT ANNEXATION The undersigned("Landowner")istheowner oftherealpropertysituatedintheCountyofGallatin,State ofMontana,andmore particularlydescribedasfollows: Tracts1,2,and 3 ofCertificateofSurvey2877,a tractoflandbeingTract1 and Tract2 of CorrectionCOS 2128B,and theparcelknown asCOS 2548,alllocatedwithintheSW% of Section6,Township 2 South,Range 6 East,P.M.M,GallatinCounty,Montana. IN CONSIDERATION of receivingapprovalforannexationofthesubjectpropertyfrom theCityof Bozeman,alongwithaccompanyingrightsand privilegesand forotherand valuableconsideration,the receiptof which isherebyacknowledged,and inrecognitionoftheimpactto(i)Oak Street(between N. 7thAvenue and North Rouse Avenue)and (ii)the intersectionof Oak Streetand North 7' Avenue which willbe causedby thedevelopmentoftheabove-describedproperty,theLandowner has waived and doesherebywaive foritselfand itssuccessorsand assigns,forever,therighttoprotestthe creationofone ormore specialimprovementdistrictsforconstructionand maintenanceofthefollowing improvements:paying,curb/gutter,sidewalk,storm drainagefacilitiesfor(i)Oak Street(between N. 7thAvenue and North Rouse Avenue)and (ii)the intersectionof Oak Streetand North 7' Avenue,ortomake any writtenprotestagainstthesizeorareaorcreationofthedistricttobe assessedin responseto a dulypassedresolutionof intentiontocreateone or more specialimprovementdistricts whichwould includetheabove-describedproperty. Intheeventan SID isnotutilizedforthecompletionoftheseimprovements,theLandlowneragreesto participatein an alternatefinancingmethod forthecompletionof saidimprovementson a fairshare, proportionatebasisasdeterminedby squarefootageofproperty,taxablevaluationoftheproperty,traffic contributionfrom thedevelopmentoracombinationthereof Thiswaiverismade forthebenefitofthepropertydescribedaboveand shallbe a covenantrunningwith theland. The terms,covenantsand provisionsofthiswaivershallextendto,andbe bindingupon thesuccessors- in-interestand assignsoftheLandowner. DATED this dayof U ,2015. Cannery isrictP rters,LLC by:CP anag ent,LLC by: B o ,a.age by: ScottR.Deh?d rf-Milifager ExHIBITC-WAIVEROFRIGHT-To-PROTESTSPECIALIMPRovEMENTDisTRicTs....................................................PAGE1of2 STATE OF MONTANA ) : ss. CountyofGallatin ) Tins instrumentwas acknowledgedbeforeme on ,2015,by BarryL. Brown and ScottR.DehlendorfasManagers ofCDP Management,LL ,a Montana limitedliabilitycompany,the Manager ofCanneryDistrictPartners,LLC,a Montana 1mitedliabilitycompany. .942'.HEATHER BIENVEN PrintedName: one forthe tt mann NOTARY PUBLIC fortheStateofMontana SEA L.Residingat:RESIDING AT ,Montana Bozeman,Montana My CommissionExpires ,20MyCommissionExpires:one January26,2018 ExtimlTC-WAlvEROFRIGHT-To-PROTESTSPECIALIMPRovEMENTDisTRICTS..........................n..........................PAGE2of2 Item Building L at Phase 3, Cannery District PUD Site Plan Application April 10, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 RC - Trip Generation Comment Response RC-04 MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991 Email: bobm@marvinassociates.com Stahly Engineering Attn: Cordell Pool, P.E. 7585 Shedhorn Drive Bozeman, MT 59718 April 5, 2019 Re: Cannery District Trip Generation Update This letter is in response to the City of Bozeman Development Review Committee’s comments contained in their March 26, 2019 memo. This letter specifically addresses comments number 4 and number 6 on page 3 of the memo. Comment 4 concerns the trip generation table which presented Land Use Code 221 within the table, but listed Land Use Code 231 in the ITE Code table notes. The correct Land Use Code is 231, which is for “Mid-Rise Residential with 1st Floor Commercial” land uses. In the process of making a change to this table, it was discovered that the spread sheet in my computer files was not the same as the table submitted in the updated report. In addition, the Trip Generation Rates for Lane Use Code 231 noted in the updated table were not correct. It appears that the table submitted for review was not a final version and was somehow attached to the updated report. Because of this, the table was revised with the correct information and is attached to this letter to address both comments 4 and 6. Comment 6 concerns presentation of a clear comparison of the differences in trip generation contained in the original Traffic Impact Study (TIS) and the updated trip generation calculations associated with proposed land use changes in Phase 3 of the development. The original development proposed 42,500 square feet (sf) of office space in Phase 3. The most recent development plans included two buildings, one of which would house 16,169 sf of office space and the other building would have 15,301 sf of office space on the ground floor with 3 additional floors accommodating 52 apartments. The table attached to this letter was completely revised to detail trip generation calculations for all phases of development with the above noted Phase 3 development scenario. All trip generation rates were extracted from the ITE Trip Generation Report, 10th Edition. The revised table also presents the differences between the original TIS report trip generation and the currently proposed trip generation. It can be seen that the increase in trips would be 57 average weekday trips with a reduction of 1 trip in the peak AM hour and an additional 3 trips in the peak PM hour period. The increase in trips would be MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102 Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991 Email: bobm@marvinassociates.com less than 3% during the average weekday and less than 2% in the peak PM hour. It should also be noted that the proposed land use changes would tend to better balance entering and exiting trips in both the am and pm hours. More importantly, there would be a 3.8% reduction in trips exiting the site during the peak pm hour period, which would marginally improve access capacity during the highest traffic volume period of the day. Thus, the level of difference should be considered insignificant, and an update of the TIS should not be justified. If there are any clarifications or other information required, feel free to contact me. Robert R. Marvin. PE, PTOE Table 2 Revised 4/5/19 - Current Cannery Development Trip Generation Estimates (Change from Original) ITE No. of Rate Total Total Total Code Land Use Units Units Rate Trips Rate Trips Enter Exit Rate Trips Enter Exit Current Phase 1: 826 Speciality Retail 1.67 1000 sf *1 74 *2 211*3 523 710 General Office Building 36.37 1000 sf *4 401 *5 57 50 7 *6 54 9 45 932 High Turnover Restaurant 3.50 1000 sf *7 445 *8 38 21 17 *9 34 20 14 Current Phase 1 Totals = 920 97 72 25 93 31 62 Current Phase 2: 826 Speciality Retail 10.72 1000 sf *1 475 *2 10 6 4 *3 29 13 16 710 General Office Building 1.50 1000 sf *4 17 *5 220 *6 202 492 Health Club 11.90 1000 sf *10 392 *11 17 9 8 *12 43 25 18 Current Phase 2 Totals = 884 29 17 12 74 38 36 Current Phase 3: 710 General Office Building 31.47 1000 sf *4 347 *5 49 43 6 *6 47 8 39 231 Mid-rise Residential 1st Floor Commercial 52.00 Dwelling *13 179 *14 16 4 12 *15 19 13 6 Current Phase 3 Totals = 526 65 47 18 66 21 45 Original Phase 3: 710 General Office Building 42.50 1000 sf *4 469 *5 66 58 8 *6 63 11 52 Change From Original TIS = 57 -1 -11 10 3 10 -7 Current Phase 4: 710 General Office Building 28.00 1000 sf *4 309 *5 44 39 5 *6 42 7 35 Current Phase 4 Totals = 309 44 39 5 42 7 35 Phase 1 97 72 25 93 31 62 Phase 2 126 89 37 167 69 98 Phase 3 191 136 55 233 90 143 Phase 4 235 175 60 275 97 178 Original Total = 236 186 50 272 87 185 Change From Original TIS = -1 -11 10 3 10 -7 % Change From Original TIS = -0.4% -5.9% 20.0% 1.1% 11.5% -3.8% ITE Code Trip Rates AWT 826 *1 - (T) = 44.32(X)*2 - (T) = 0.95(X) (62% Enter)*3 - (T) = 2.71(X) (44% Enter) 710 *4 - (T) = 11.03(X)*5 - (T) = 1.56(X) (88% Enter)*6 - (T) = 1.49(X) (17% Enter) 932 *7 - (T) = 127.15(X)*8 - (T) = 10.81(X) (55% Enter)*9 - (T) = 9.85(X) (60% Enter) 492 *10 - (T) = 32.93(X)*11 - )T) = 1.41(X) (50% Enter)*12 - Ln(T) = 0.95Ln(X)+1.43 (57% Enter) 231 *13 - (T) = 3.44(X)*14 - (T) = 0.30(X) (28% Enter)*15 - (T) = 0.36(X) (70% Enter) 1804 2330 2639 Trip Rates - AM Hour Trip Rates - PM Hour 2582 57 2.2% Ave Weekday Peak AM Hour Peak PM Hour CUMULATIVE TOTALS OF CURRENTLY PROPOSED DEVELOPMENT 920 Item Building L at Phase 3, Cannery District PUD Site Plan Application April 10, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 RC - Design Compliance Exhibit RC-05 1 Mark Szostak From:Addi Jadin <AJadin@BOZEMAN.NET> Sent:Friday, April 5, 2019 4:05 PM To:Mark Szostak Cc:Michael Guiliano; Ben Lloyd; scott@cannerydistrict.com; Barry Brown; Drew Friestedt; Anna Russell Subject:RE: Building L - Development Review Committee Comments Mark,    Planning staff agrees that the flat roof design Option 02 appears to meet the PUD design requirements. In your  resubmittal please be sure to show an elevation with Cannery building E height labeled accurately next to Building  L.  The height difference and simple roof forms ensure this building “does not visually compete with the existing four  story portion of the Cannery Building…in mass, scale and height”    Addi Jadin | Associate Planner   Community Development | Planning Division   From: Mark Szostak <MS@brininstool‐lynch.com>   Sent: Thursday, April 4, 2019 1:39 PM  To: Addi Jadin <AJadin@BOZEMAN.NET>  Cc: Michael Guiliano <michael@commaq.com>; Ben Lloyd <ben@commaq.com>; scott@cannerydistrict.com; Barry  Brown <Barry@cannerydistrict.com>; Drew Friestedt <drew@monroeresidential.com>; Anna Russell  <ARussell@BOZEMAN.NET>  Subject: RE: Building L ‐ Development Review Committee Comments    Hello Addi,    My name is Mark Szostak, I am the project architect at Brininstool + Lynch for Building L at Phase 3, Cannery District PUD  (application #19040)    We have revised the building with the flat roof per your conversations with Michael and Scott. The attached package  shows the revised roof and the original design for reference. Please let us know your thoughts and if we should proceed  with revising the remaining drawings for the April 10th resubmission.    Thank you,    Mark Szostak Brininstool + Lynch  brininstool-lynch.com o 312 640 0505 d 312 374 2080 e ms@brininstool-lynch.com    From: Michael Guiliano <michael@commaq.com>   Sent: Tuesday, April 2, 2019 1:26 PM  To: Drew Friestedt <drew@monroeresidential.com>; scott@cannerydistrict.com; David Brininstool <db@brininstool‐ lynch.com>  Cc: Mike Obloy <mike@monroeresidential.com>; Nicholas Kowieski <nick@monroeresidential.com>; Mark Szostak  2 <MS@brininstool‐lynch.com>; Cordell Pool <cpool@seaeng.com>; Ben Lloyd <ben@commaq.com>  Subject: Building L ‐ Development Review Committee Comments    All,    I had a chance to speak with Addi from the planning department this morning regarding planning division comment #5.  She agreed changing the roof line, as discussed last week, is one way to address the horizontality of the building form,  while not competing with the Cannery Building. She has suggested that B+L create a preliminary drawing (elevation or  sketch) showing the revisions to the roofline and email her a copy so she can officially respond with her intent to  proceed with approval. This would be specific to comment #5.     For clarification, I described to Addi that the roofline changes would include eliminating the shed roofs and sloped walls,  and replacing them with a ‘flat’ roof and parapet walls. In addition to this change, the elevator/core parapet walls would  be lowered while still maintaining screening for mechanical rooftop equipment. The result, a shorter building with  horizontal rooflines that don’t compete with the height or slope of the Cannery Building. While the mass of Building L is  still arguably dominating the mass of the Cannery Building, the subtle‐to‐no change in materiality and overall form help  address this relationship.    Let me know if you have any questions, or if you’d like to discuss further.  Thank you,    Mike Guiliano | Architect Comma-Q Architecture, Inc | 109 N Rouse Ave, #1 | Bozeman, MT 59715 | (406) 585-1112   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.  Building L at Phase 3, Cannery District PUD 221 E. Oak Street, Bozeman Application #19040 April 04, 2019 © Brininstool + Lynch, Ltd.04.04.2019 221 E. OAK ST. CANNERY BOZEMAN Design Option 01 Original © Brininstool + Lynch, Ltd.04.04.2019 221 E. OAK ST. CANNERY BOZEMAN Design Option 02 Flat Roof Item Building L at Phase 3, Cannery District PUD Site Plan Application April 10, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 RC - Solid Waste Exhibit RC-06 Item Building L at Phase 3, Cannery District PUD Site Plan Application April 10, 2019 CANNERY DISTRICT PARTNERS, LLC 105 E Oak Street Bozeman, MT 59715 MONROE RESIDENTIAL PARTNERS, LLC 202 N Justine Street Chicago, Illinois 60607 BRININSTOOL + LYNCH 1144 W Washington Boulevard Chicago, Illinois 60607 RC - Easement Exhibit #2 RC-07