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08-05-19 City Commission Packet Materials - A2. Westland Lofts Master Site Plan and CUP for a Mixed-Use Building
Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 1 of 23 Project Name Westland Lofts Application No. 18557 Type: SP & CUP Site Plan, Conditional Use Permit Summary A Site Plan and Conditional Use Permit application to allow for the construction a phased development containing one mixed-use building with storefront commercial space along Gallatin Green Boulevard and a conditional use permit for ground level residential and three apartment buildings. 31 dwelling units are proposed over two phases with parking, open space and associated site improvements. Zoning B-2 Growth Policy Residential Emphasis Mixed Use Parcel Size 1.4483 Acres 63,091 SF Overlay District(s) None Street Address 2472 Gallatin Green Boulevard Legal Description Baxter Meadows Sub Phase 6, S34, T01 S, R05 E, Block 14, Lot 5, Acres 1.448, Plat J-466 Plus Open Space & PPW, City of Bozeman, Gallatin County, Montana. Owner Dallas Financial, LLC, PO Box 12009, Bozeman, MT 59719 Applicant Mcgough Construction, PO Box 12009, Bozeman, MT 59719 Representative Insitio Design, 627 E. Peach St., Bozeman, MT 59715 Staff Contacts Planner Danielle Garber Engineer Griffin Nielsen Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 6/16/19 to 8/5/19 6/14/19 & Revised Notice 7/23/19 6/14/19 & Revised Notice 7/23/19 6/16/19 and 6/23/19 & Revised Notice Advisory Board NA NA Recommendation The application meet minimum standards for approval with conditions and code provisions Decision Authority City Commission (Quasi-judicial) City Commission Room City Hall 121 North Rouse Hearing Date Monday 8/5/19 6:00 pm Motion: Conditional Use: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 18557 and move to approve the Conditional Use Permit for ground level residential uses and apartment buildings for the Westland Lofts site plan subject to conditions and all applicable code provisions. Motion: Site Plan: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 18577 and move to approve the Westland Lofts site plan application subject to conditions and all applicable code provisions. Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 257 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 2 of 23 PROJECT SUMMARY This report is based on the application materials submitted and any public comment received to date. The subject parcel is located within Baxter Meadows Subdivision southeast of the corner of Kimberwicke Street and Gallatin Green Boulevard. The site is currently vacant. The site is bound to the north, east, and south by open space and park, with public access trails platted with the original subdivision. Gallatin Green Blvd lines the west frontage with R-3 residential uses across the street. This proposed project is subject to the Mixed Block Frontage standards, and the applicant has chosen to develop to the Mixed-Storefront standard along Gallatin Green. The proposed 1.4-acre site has two drive accesses off Gallatin Green Blvd, and pedestrian connections to the adjacent open spaces. The proposed site plan contains 31 residential units in four buildings spread over two phases with 15 units in two buildings in the first phase with associated parking, landscaping and site improvements. Eight commercial units line Gallatin Green with 420 square feet (sf) per unit, totaling 3,360 sf. The proposed 340 square feet of usable commercial open space is located between the commercial units and the proposed storefront sidewalk and features bench seating, and flexible use planters for tenants. The plan shows covered parking spaces at the center of the site to be shared between commercial and residential uses. A conditional use permit has been requested for ground level residential and apartment buildings in B-2 (community business district) zoning per the allowed uses in Section 38.310.040.A. Building A contains the only commercial uses in the development. The commercial uses meet the required 20-foot minimum retail space depth required in the Mixed-Storefront block frontage standards in Section 38.510.030.B. The back of Building A contains residential garages and entrances to second level units. Buildings B, C, and D are 100% residential on all levels and front onto adjacent trails with private open space at each ground level patio and upper level balcony. Units in Building D are adjacent to a shared opens space area. Another open space area is in the southeast corner of the proposed development and connects to the adjacent trail system. Departures are requested from the following standards: - Section 38.520.030.D.3 - Pathways must be separated from structures by at least three feet of landscaping. Departures are permitted for other landscaping and/or façade design treatments to provide attractive pathways will be considered. Examples include sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the intent. Staff supports this departure with the addition of permanent planters between the buildings and parking lot. See rendering below of Building A East Façade. - Section 38.520.070 – Location and design of service areas and mechanical equipment to omit the full- required 5-foot width of landscaping from the west side of the solid waste enclosure. Due to the shape of the space available for landscaping, the full 5-feet the entire length of the enclosure cannot be achieved. The applicant has proposed a combination of fencing and landscaping. Staff supports this departure. ADVISORY BOARDS The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application adequate for continued review. The DRC provided the staff report findings and the recommended the conditions of approval and code provisions in this report. 258 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 3 of 23 PUBLIC COMMENT Public notice began on June 16, 2019 for the originally scheduled July 1, 2019 City Commission meeting. Due to unresolved issues, staff asked the City Commission to continue the public hearing until the August 5, 2019 meeting. The City Commission approved the continuance. A revised public notice was mailed out on July 23, and posted on site. The revised notice was also published in the paper on July 28 and August 4, 2019. Public comment has been received regarding this project. At the July 1 continuance hearing, five community members gave public testimony in opposition to the proposed project. The issues raised by the neighbors include concerns about the size and scale of the proposed project, compatibility with existing conditions and the current density, safety issues for small children and residents, and impact to the community. Meeting minutes and a video of the continuance hearing and public comment can be viewed here. Written public comment has also been received as is summarized below: C. Rader – Cited plan review criteria in Section 38.230.100.A.6.a (2) (a) for transportation facilities and access, stating that the street was already heavily congested with traffic and on-street parking. Cited plan review criteria in Section 38.230.100.A.7.a-b for compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods, stating that proposed project’s size and density and architectural design is not meeting this requirement. Further comment states that the proposed development will be detrimental to the health, safety and welfare of the current Gallatin Green Community S. Evans – Stated the current congestion of traffic and on street parking on Gallatin Green, especially in the winter, is already a safety issue. Expressed concerns about impacts to adjacent green space and wildlife. G. Carolan – Stated concerns for existing traffic and on-street parking congestion on Gallatin Green in the summer and winter. Stated concerns about strain on existing infrastructure (water, wastewater, and streets). L. Ripley – State concerns about traffic and existing infrastructure, as well as concerns about the availability of on- street parking. N. Ross – Cited concerns for decreased safety, increased noise, obstructed views, and home values. The current congestion of traffic and on-street parking on Gallatin Green Boulevard, architectural compatibility and concerns for wildlife. L. Hall – Cited concerns about the safety of her children and pets with increased traffic citing review criteria in Section 38.230.100.A.6.a, stating that these criteria cannot be met with the narrow width of Gallatin Green Blvd. A photo was included showing a moving truck parked in the center of the street. Staff analysis of 38.230.100.A.6.a can be found on page 17 of this staff report. Staff analysis of 38.230.100.A.7.a-b can be found on page 19. Staff analysis of open space and parkland can be found on page 20. Staff analysis of water and wastewater design can be found on page 18. UNRESOLVED ISSUES There are no unresolved issues with the application. Code provisions have been provided by the DRC. 259 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 4 of 23 ALTERNATIVES 1. Approve the application with the recommended conditions and report findings; 2. Approve the application with modifications to the recommended conditions and modifications to the report findings; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. CONDITONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant is advised that Phase 2 will exceed the allocated capacity for this property within the Baxter Meadows Lift Station as such Phase 2 cannot receive site plan approval until additional capacity is created downstream as determined by the City’s Engineering Division (i.e. the Norton East Wastewater Interceptor is constructed to take demand from Baxter Meadows Lift Station, The Baxter Meadows Lift Station is upgraded, or an alternative.). 3. With the second phase of development, the project will exceed the original estimated trip generation for Lot 5 from the subdivision’s traffic impact study. Prior to approval of phase 2, an addendum to the traffic impact study must be provided detailing impacts of the increase. The addendum must include current traffic counts and capacity for the surrounding local streets. A note to this effect must be added to the master site plan. 4. The Westland Lofts Condominium Declaration must be amended to state that the minimum 11 required parking spaces assigned as limited common elements for the commercial uses cannot be assigned to residential uses; and minimum 59 parking spaces for residential uses cannot be assigned for commercial uses. 5. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Cattail Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to Ferguson Ave including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to Baxter Lane and Ferguson Avenue e. Intersection improvements to Cattail Street and Ferguson 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. 260 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 5 of 23 1. Section 38.230.110.F BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. 2. Sections 38.230.110.I. and 38.200.030 BMC describe the process for termination/revocation of a conditional use permit approval: a) Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: 1) After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; 2) Final zoning approval to reuse the property for another principal or conditional use is granted; 3) The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140. b) A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. c) If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in Section 38.200.160. CODE PROVISIONS 1. BMC 38.410.080.A. The master site plan stormwater design report incorrectly state that the subject property was allocated capacity within the regional stormwater facility. No capacity was allocated, as such the project may not increase the stormwater runoff or change the historic drainage paths. The report must be corrected and approved by the engineering department prior to final master site plan approval. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715 261 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 6 of 23 Figure 1: Vicinity Map 262 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 7 of 23 Figure 2: Future Lane Use Map 263 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 8 of 23 Figure 3: Landscaping Plan 264 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 9 of 23 Figure 4: Civil Site Plan 265 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 10 of 23 Figure 5: Building A West (Viewed from Gallatin Green) Figure 6: Building A East (Viewed from Parking Lot) 266 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 11 of 23 Figure 7: Building C East (Viewed from Park) Figure 8: Building C West (Viewed from Parking Lot) 267 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 12 of 23 268 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 13 of 23 269 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 14 of 23 Figure 9-11: Conceptual Renderings 270 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 15 of 23 ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Residential Emphasis Mixed Use Yes Zoning B-2 (Community Business District) Yes w/ CUP Approval Comments: The uses are conditionally allowed within the zoning district. The property is within the City’s municipal service area. Staff finds that the project contributes to the goals of the growth policy. The Residential Mixed-Use category promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code? Current Violations None Yes Comments: 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. 3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code? Conflicts None Yes Condominium ownership Yes Yes Comments: The proposed uses of the site are conditionally allowed in the B-2 district. With CUP approval, no specific conflicts are identified. Additional steps will be required including but not limited, review by the City Commission for the CUP, final plan documents and approval of building permits, and condominium review. The Building Division will review the requirements of the International Building Code for compliance at the time of building permit application. 4. Conformance with special review criteria for applicable permit types as specified in article 2 Meets Code? Type Site Plan Yes Comments: The site plan criteria are met for this application with final actions required to satisfy the code prior to site plan approval. See page 3 for the required code provisions. 271 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 16 of 23 5. Conformance with zoning provisions of article 3 38.230.100 Meets Code? Permitted uses 38.310 Commercial Shell Spaces & Apartments Yes w/ CUP Approval Form and intensity standards 38.320 Yes Zoning B-2 Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage NA Rear 10 10 Side 5 8 Alley NA NA Watercourse NA Wetland NA Block Frontage Mixed-Storefront Buildings may be placed up to the sidewalk edge provided they meet storefront standards Yes Comments: The proposed setbacks meet all B-2 zone district standards. Building A is design to the Mixed-Storefront standard with a 5-foot building setback from the property line along Gallatin Green to allow for room for building overhang and commercial open space at the storefront. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 Yes Applicable zone specific or overlay standards 38.330-340 NA Building Height B-2 Requirements 38.320.010-.060 Yes Lot coverage 32.3% Allowed 100% Height 37’ 4 5/8” Building A 33’ 4 5/8” Buildings B-D Allowed 38’ Yes Comments: All 4 buildings are below the maximum height requirement of 38’ for a roof pitch of 3:12 or less. General land use standards and requirements 38.350 Yes Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: Proposed uses are permitted with the approval of the conditional use permit. There is no applicable supplemental use criteria. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing is required for condominiums. projects. 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision Yes Yes Secondary access Yes Traffic Impact Study / LOS NA Transportation grid adequate to serve site Yes Yes Comments: A Traffic Impact Study was not required by the Engineering Division. Two drive accesses are proposed off Gallatin Green Blvd. Condition of approval 3 states that an addendum to the subdivision traffic impact study will be required and evaluated with phase 2. 272 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 17 of 23 Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 2 Yes Street easements NA Special Improvement Districts Yes Yes Comments: Drive access locations (Section 38.400.090.D) – a departure request from this standard has been provided and has been approved by the City Engineer. A conditional of approval for an SID waiver is included to cover future transportation improvements for this site. Parking requirements of 38.540 Required parking nonresidential 11 Yes Required parking residential 59 Reductions nonresidential - and bike and shower facilities-6 space reduction NA Reductions residential 1:1 mixed use NA Landscaping in lieu of parking NA Provided parking off street and on site 66 On street parking 4 Offsite parking NA Bicycle parking 9 Comments: The calculation for 11 parking stalls for the four commercial spaces was found using the calculation for office space at 1 space per 250 square feet of net floor area. Staff will review proposed uses through building permits for tenant improvements and evaluate parking availability against the approved plan. The draft condominium declaration provided by the applicant limits the commercial uses to retail and office. Condition of approval 4 states that the condominium declaration must be amended to state that the minimum required parking in this plan for the commercial uses cannot be allocated for residential uses and vice versa The residential units contain 26 two bedroom units requiring 52 parking stalls, and 5 one bedroom units requiring 7 parking stalls. Offsite parking is provided with a combination of 23 garage stalls, 43 parking lot stalls and 4 on-street spaces. A custom designed covered bike rack is located on the north end of Building A. 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area Yes Vehicle accesses to site 2 –Gallatin Green Blvd. Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting Yes Crosswalks Yes Curb ramps Yes Pedestrian lighting Yes Comments: The project connects to the larger city sidewalk network, and adjacent trail system. Internal pathways meet code requirements and are safe. Stamped concrete will be installed to provide safer pedestrian walkways through the parking lot. There are no known obstructions to the site vision triangles. 273 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 18 of 23 Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements NA NA Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities NA Comments: No access easements necessary. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) NA NA Additional Berths (min. 45 feet length) NA NA Comments: No loading berths are required. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 Yes Rights of way for pedestrians alternative block delineation NA Comments: Mixed block frontage (Storefront option) Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights Yes Comments: A waterline utility easement has been provided and will be recorded prior to site plan approval. CIL of water rights was provided with the plat, no additional fee is required. Water, sewer, and stormwater design plans were reviewed by the Engineering Division. A code provision on page 5 requires a correction to the stormwater design report prior to site plan approval. Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes w/ Code Provisions Landscaping per 38.410.080.H Yes Comments: Grading and drainage plan was reviewed and approved by the Engineering Division. Grading 38.410.080 Yes Maximum 1:4 slope requirements met Yes Comments: Stormwater detention is exclusively underground. 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment NA Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access NA Park/Recreational area design NA Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). Yes 274 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 19 of 23 ___ ac. X ___ units/ac. X 0.03 ac.= _____ ac. Cash donation in-lieu NA NA Improvements in-lieu NA NA Comments: Additional parkland dedication is not required. The subdivision provided the maximum required dedication of 12 DU/acre. 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration Yes Block Frontage Standards 38.510 Yes Building Design 38.530 Yes Open space 38.520.060 Yes Location and design of service areas and mechanical equipment 38.520.070 Yes w/ Departure Comments: Block frontage standards for Mixed-Storefront are being met with 16-foot sidewalk width between the curb and storefront, street trees in grates, a 13-foot floor to ceiling height, a 20-foot retail space depth, and façade transparency. Three of the four buildings have Trail/Park frontages and comply with the required mixed block frontage standards including 10-foot setbacks. Building design at the primary storefront meets three points of façade articulation for the 150-foot façade with roofline modulation, use of windows, and use of weather protection features. Modulation for facades interior to the site facing the parking lot rely on exterior material changes, window patterns, and entries. Exterior materials include cedar board and batten, painted horizontal fiber cement lap siding, and steel awnings. Blank walls are mitigated with windows and climbing vines on trellises. A departure to reduce the width of the required landscaping adjacent to the solid waste enclosure is supported by staff. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 Yes Comments: The property is surrounded on three sides by subdivision open space and parkland. Internal pedestrian circulation connects to nearby trails. Decorative cement crosswalks are used where walkways cross drive aisles. A departure to use planters in lieu of landscaping beds between pathways and structures is supported by staff. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration Yes Site Planning and Design Elements 38.520 Yes Comments: The site conforms to the site plan requirements in article 5 for site design. No special conditions of approval are identified. 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open Meets Code? 275 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 20 of 23 space and pedestrian area and the preservation of replacement of natural vegetation Submittal requirements for landscape plans 38.220.100 Yes Mandatory landscaping 38.550.050 Yes Yard Yes Additional screening NA Parking lot screening Yes Interior parking lot landscape Yes Off-street loading spaces screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Underground irrigation Trees for residential adjacency Yes Performance points 23 required Yes City rights-of-way and parks Yes Tree plantings for boulevard ROW, drought-resistant seed Yes Public ROW boulevard strips NA Irrigation and maintenance provisions for ROW Yes State ROW landscaping NA Additional NA NA Fencing and walls NA NA Comments: The proposed landscaping plan is meeting the 23 landscaping points required. Adequate interior parking lot landscaping was provided in the parking islands and landscaped areas immediately adjacent to the lot to the north. Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 Yes Comments: The landscaping meets city requirements. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Yes Total required 4,400 Yes Total provided 4,917 Yes Comments: The 4,400 square feet of required residential open space is met with two shared open space areas, one in the southwest corner of the lot with a trail connection to the park with bollard lighting and seating, and the northeast corner of the lot with horseshoe pits and seating. 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) Yes Site lighting (supports, cutoff and temperature) Yes Minimum light trespass at property line Yes Comments: The lighting meets standards. Both site and building mounted lighting are proposed including underneath the covered parking structure, and bollards in the open space. 276 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 21 of 23 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building NA NA Proposed (sq. ft) NA Comments: Conceptual sign locations for commercial spaces are shown on Building A elevations. No signage is approved with the approval of this application. A sign permit is required for the installation of all signage. 8a-c. Conformance with environmental objectives in articles 4-6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill NA Grading Yes On-site retention/detention Yes w/ Code Provisions Comments: The grading and drainage plan was reviewed and by the Engineering Division. The storm drainage system is entirely underground. A code provision is required to correct an incorrect statement in the stormwater design report. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation NA Comments: The stormwater maintenance plan has been provided. No surface stormwater facilities are proposed, landscaping for stormwater is not applicable for this application. Watercourse and wetland protections and associated wildlife habitats NA If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Comments: No watercourses or wetlands are present on site. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 NA Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: Not applicable. No watercourses or wetlands are present on site. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment No Yes Comments: A public notice period was executed as per Section 38.220.420. Details regarding dates the noticing requirements were conducted can be found on page 1 of this staff report document. A summary of public comment received is on page 3 of this report. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming OR Are the subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of Meets Code? 277 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 22 of 23 individual lots will not cause one or more elements of the development to become nonconforming. 38.410.060 Subdivision Exemption NA NA Required Easements Yes Yes Reciprocal access and shared parking easement NA NA Mutual access easement and agreement NA NA Comments: No easements for parking and access are required. The condominium declaration lists parking as limited and general common elements. Condition of approval 4 requires an amendment to the condominium documents to include a statement that commercial parking cannot be assigned to residential uses and vice versa. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing Yes # of phases 2 Yes Comments: Two phases are proposed. Buildings A & B, a portion of the parking lot, the southeast open space, and associated improvements are in phase 1. Phase 2 entails Buildings C & D and the remaining site improvements. Conditions 2 and 3 address additional requirements and limiting factors prior to the phase 2 site plan submittal. In addition to the review criteria of 38.230.100, the review authority shall, in approving a conditional use permit, determine favorably the criteria in the table below. The application requests a conditional use permit for ground level residential and apartment buildings in the B-2 community business zoning district. Section 38.230.110.E Additional review criteria for Conditional Use Permits Found favorable The site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Comments: The site is adequate in size and topography to accommodate the residential uses and meet the required minimum standards for setbacks, parking, landscaping and open space. Commercial spaces are proposed to line Gallatin Green Boulevard with residential uses behind and above. These commercial uses provide the secondary office and retail spaces intended with the Residential Emphasis Mixed Use growth policy designation. The one and two-bedroom condominiums contribute to housing choice for a variety of households. There are no immediately adjacent residential uses due to the lot being surrounded on three sides by open space and parkland, but multihousehold residential is located to the north with the recently built Lofts at Four Points, to the south with the recently built L-9 Condominiums and to the East with the Sundance Apartments. The residential use fits well with the adjacent park, trail system and adjacent uses. The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Yes Comments: No evidence of the proposed use was found to have negative or adverse effects on abutting properties. The mix of commercial and residential uses implements the growth policy designation. The proposed project with conditions of approval and code provisions is meeting all applicable BMC review criteria. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes 278 Staff Report Westland Lofts Site Plan & CUP Application 18557 June 20, 2019 Page 23 of 23 Comments: See page 4 of this staff report for conditions of approval. Conditions of approval must be recorded with the County Clerk and Recorder. 279 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 280 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 281 282 CUP Conditional Use Permit Required Materials CUP Page 1 of 2 Revision Date 11-16-17 Required Forms: A1, N1, SP and SP1 (if new construction) Other Requirement Forms: PLS CONDITIONAL USE PERMIT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item 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 conditional use permit checklist items below unless otherwise provided in another application type Only If new building construction, plan sets that include all required items listed on the site plan checklist forms SP and SP1 Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1set 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. 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 $1,555 Additional application fees may apply if new construction. Application types and fees are cumulative. CONDITIONAL USE PERMIT CHECKLIST 1. Project Narrative providing a thorough description of what uses are being proposed and how they will function on the site and including detailed responses to the following: a. Response to the requirement that requires that the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces walls and fences, parking loading and landscaping are adequate to property relate such use with the land and uses in the vicinity; b. Response to the requirement that the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; and c. Response to the requirement of any special conditions of approval necessary to protect the public health, safety and general welfare. 2. Location/vicinity map, including area within one-half mile of the site. 3. Site plan with north arrow showing property dimensions, location of buildings, parking, driveways, off street loading, landscaping, location of utilities, access, pedestrian facilities, and use location. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. 4. Floor plans showing floor layout including square footage and proposed use for each room and area within the building. Suggested scale of ¼ to one foot. 5. For alcohol production sales and serving and gaming uses the floor plan shall show complete floor layout of restaurant with production/manufacturing/kitchen uses, gaming area and restaurant serving areas (seating) by location and square footage. 6. Parking calculations for all uses, including detailed calculations of deductions, if proposed . 283 Conditional Use Permit Required Materials CUP Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Required Forms: 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 284 MSP Master Site Plan Required Materials MSP Page 1 of 2 Revision Date 1-18-18 Required Forms: A1, N1, SP1, SP (if concurrent first phase proposed) Recommended Forms: Required Forms: MASTER SITE PLAN REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. If more than two deviations are proposed the application shall be processed as a Planned Unit Development, use instead forms for a PUD. Complete and signed development review application form A1. Plan sets that include all required items listed on the site plan checklist form SP1. Plan sets that include all the required items listed in the master plan checklist below. If the project exceeds Design Review Board thresholds and the project is within an Overlay District, 8 additional sets that include 11 x 17 inch plans are required. Standard application sets required plan sizes: 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-ROM’s or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. 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 $1,888 If deviation add: $215 per deviation Application types and fees are cumulative. MASTER SITE PLAN CHECKLIST A master site plan is a generalized development plan that establishes building envelopes and overall entitlements for complex, large-scale projects that will require multiple years to reach completion. Use of a master site plan is not required unless necessary to address phasing of a proposed development, see section 38.19.090.B.3 BMC, or if required as part of the residential emphasis mixed-use district or North 19th Avenue/West Oak Street entryway corridors. A master site plan involves one or more of the following: a. One hundred or more dwelling units in a multiple household structure or structures; b. Fifty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; c. Multiple buildings located on multiple contiguous lots and/or contiguous city blocks; d. Multiple owners; e. Development phasing projected to extend beyond two years; or f. Parking for more than 200 vehicles. 285 Master Site Plan Required Materials MSP Page 2 of 2 Revision Date 1-18-18 Required Forms: A1, N1, SP1, SP (if concurrent first phase proposed) Recommended Forms: Required Forms: 1. Provide proposed entitlement period: minimum 3 years, maximum five years. 2. Provide detailed phasing information including: a. Proposed phase lines. b. Proposed limit of construction for each phase. c. Proposed plan for staging and phasing of construction including storage of topsoil, spoils and construction materials and equipment. d. Any infrastructure or site plan elements proposed for financial guarantee. e. Phasing contingencies if phasing does not proceed in the original order proposed. 3. Draft design guidelines to direct design of the development over the entitlement period. 4. Statement that following approval of a master site plan, the applicant shall submit to the department, sequential individual site plan for specific areas within the master site plan. Each subsequent application for a site plan shall be consistent with the approved master site plan and subject to the review criteria of Section 38.19.100.A BMC. 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 286 SP Site Plan Required Materials SP Page 1 of 1 Revision Date 1-05-18 Required Forms: A1, SP1, N1 Recommended Forms: Presentation of submitted plans and specifications SITE PLAN REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item 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 application sets required plan sizes: 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. 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: $228 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 287 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)288 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)289 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)290 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. 291 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. 292 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 293 294 Page 1 of 2 Adjoining Property Owners: BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 14, Lot 5, ACRES 1.448, PLAT J-466 PLUS OPEN SPACE WEST VILLAGE AT FOUR POINTS MT LLC 5 RIMANI DR MISSION VIEJO, CA 92692-5106 MINOR SUB 475, S34, T01 S, R05 E, Lot 3, ACRES 2.838 and Lot 4, ACRES 4.423 NOT CONTIGUOUS BAXTER MEADOWS DEVELOPMENT P.O. BOX 5298 BOZEMAN, MT 59717 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, ACRES 1.004, OPEN SPACE & PPW A&B IN SE4, PLAT J-466 NOT CONTIGUOUS WBC LP C/O BAXTER MEADOWS DEVELOPMENT P.O. BOX 5298 BOZEMAN, MT 59717 BAXTER MEADOWS SUB PH 2C & 2D, S34, T01 S, R05 E, ACRES 3.677, LINEAR PARK IN SW4, PLAT J-410 and BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, ACRES 0.962, PARKS IN SE4, PLAT J-466 CONTIGUOUS DEBUF, MARY JEAN REV TR DTD 6130 JEWEL LN BILLINGS, MT 59106-3206 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 13, ACRES 0.137, PLAT J-466 NOT CONTIGUOUS KENAMORE, CLAIRE 5320 ROCKY MOUNTAIN BLVD BILLINGS, MT 59106-1059 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 12, ACRES 0.07, PLAT J-466 NOT CONTIGUOUS AOK,I NOBUHIRO 2433 GALLATIN GREEN BLVD BOZEMAN, MT 59718 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 11, ACRES 0.071, PLAT J-466 NOT CONTIGUOUS RADER, WILLIAM L & CONNIE PO BOX 583 SHINGLE SPRINGS, CA 95682-0583 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 10, ACRES 0.071, PLAT J-466 NOT CONTIGUOUS THORPE, BRIAN & KERI 2459 GALLATIN GREEN BLVD BOZEMAN, MT 59718-7379 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 9, ACRES 0.068, PLAT J-466 NOT CONTIGUOUS WENZEL, CODY & MONIQUE 2467 GALLATIN GREEN BLVD BOZEMAN, MT 59718-7379 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 8, ACRES 0.068, PLAT J-466 NOT CONTIGUOUS TERRY, JOHN & CRYSTAL 2477 GALLATIN GREEN BLVD BOZEMAN, MT 59718-7379 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 7, ACRES 0.068, PLAT J-466 NOT CONTIGUOUS PATERSON JOHN T 2489 GALLATIN GREEN BLVD BOZEMAN, MT 59718-7379 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 6, ACRES 0.067, PLAT J-466 NOT CONTIGUOUS BOZHOUSE LLC 333 N CENTRAL AVE PHOENIX, AZ 85004-2121 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 5, ACRES 0.131, PLAT J-466 NOT CONTIGUOUS CARTER, GARY A 3834 KIMBERWICKE ST BOZEMAN, MT 59718-5702 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 4, ACRES 0.061, PLAT J-466 NOT CONTIGUOUS CEDAR CLUB INVESTMENTS 509 S 22ND AVE BOZEMAN, MT 59718-6842 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 3, ACRES 0.062, PLAT J-466 NOT CONTIGUOUS LOKKEN-BAKER, CASEY 2472 MILKHOUSE AVE BOZEMAN, MT 59718-7355 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 20, ACRES 0.073, PLAT J-466 NOT CONTIGUOUS VAN DYKEN, SAM & DEBORAH 8181 ROLLING HILLS DR BOZEMAN, MT 59715-9346 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 21, ACRES 0.066, PLAT J-466 NOT CONTIGUOUS 295 Page 2 of 2 VAN DYKEN, HEATHER 2456 MILKHOUSE AVE BOZEMAN, MT 59718-7355 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 22, ACRES 0.066, PLAT J-466 NOT CONTIGUOUS BARRETT, MICHAEL STEVEN 2422 NORTHVIEW ST BOZEMAN, MT 59715-2141 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 23, ACRES 0.066, PLAT J-466 NOT CONTIGUOUS BUTLER, LYDIA 2442 MILKHOUSE AVE BOZEMAN, MT 59718-7355 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 24, ACRES 0.066, PLAT J-466 NOT CONTIGUOUS BALLINGER, MATTHEW & MEGAN 146 RAIN SHADOW DR. BELGRADE, MT 59714-8870 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 25, ACRES 0.066, PLAT J-466 NOT CONTIGUOUS THOMPSON, DENNIS & PATRICIA 2422 MILKHOUSE AVE BOZEMAN, MT 59718 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 26, ACRES 0.078, PLAT J-466 NOT CONTIGUOUS SLEEPING DOG PROPERTIES 930 STONEGATE DR. BOZEMAN, MT 59715-2109 BAXTER MEADOWS SUB PH 6, S34, T01 S, R05 E, BLOCK 16, Lot 14, ACRES 0.063, PLAT J-466 NOT CONTIGUOUS L9 CONDO MASTER (See below for owner information) L9 CONDO, S34, T01 S, R05 E, MASTER BAXTER MEADOWS SUB PH 6 LOT 6 BLK 14 PLAT J-466 NOT CONTIGUOUS William J. O’Connor 2448 GALLATIN GREEN BLVD APT G BOZEMAN, MT 59718-3169 L9 CONDO, S34, T01 S, R05 E, UNIT G Connor William & Ashley McCain 2448 GALLATIN GREEN BLVD APT H BOZEMAN, MT 59718-3169 L9 CONDO, S34, T01 S, R05 E, Unit H Marty Martha & Christian S. Bahn 3152 S 15TH AVE BOZEMAN, MT 59715-8262 L9 CONDO, S34, T01 S, R05 E, Unit I Deborah J Albin 2448 GALLATIN GREEN BLVD APT C BOZEMAN, MT 59718-3169 L9 CONDO, S34, T01 S, R05 E, Unit C Julie Hilley 2448 GALLATIN GREEN BLVD APT D BOZEMAN, MT 59718-3169 L9 CONDO, S34, T01 S, R05 E, Unit D Marjorie Hennessy 2448 GALLATIN GREEN BLVD APT E BOZEMAN, MT 59718-3169 L9 CONDO, S34, T01 S, R05 E, Unit E Jennifer Cade 2448 GALLATIN GREEN BLVD APT F BOZEMAN, MT 59718-3169 L9 CONDO, S34, T01 S, R05 E, Unit F G:\c&h\17\171281\site plan - final\City Adjoiners - Baxter Meadows Ph. 6.doc 296 627 east peach ensitiodesign.com info@ensitiodesign.com April 03, 2019 City of Bozeman Department of Community Development 20 East Olive Street Bozeman, MT 59715 RE: CUP Narrative – Westland Lofts Mixed Use and Conditional Use; Lot 5, Block 14, Baxter Meadows Subdivision, Phase 6 Project Description: Commercial and residential development with four apartment buildings. The 1.44 acre lot is zoned B‐2 and in Lot 5, Block 14 in the Baxter Meadows Subdivision. Project Location: 2472 Gallatin Green Blvd ARTICLE 3. ‐ ZONING DISTRICTS AND LAND USES The proposed project includes the following uses: ground floor commercial with residential above, and apartment buildings. The proposed commercial uses include offices, retail store and service establishments, and Health and exercise establishments. The lot for the proposed project is zoned B‐2. All of the proposed commercial uses are primary uses in B‐2 zoned areas. The apartments buildings are allowed as a conditional use. DIVISION 38.540. ‐ PARKING There are 70 parking stalls provided in the proposed project, 23 garage stalls, 4 street stalls, and 43 lot stalls. The BMC requires 70 stalls be provided for the uses and intensity proposed for this project. Sec. 38.320.050. ‐ Form and intensity standards—Non‐residential and other mixed‐use districts. The side and rear setbacks for B‐2 zoning are 5 and 10 feet respectively. The proposed buildings do not intrude into these setbacks. The front yard set back is specified in the block frontage standards of the BMC. This project is designed per the storefront block frontage standards. The storefront block frontage standards require that the front of the building be placed adjacent to the sidewalk. The proposed project conforms to this standard. Sec. 38.520.060. ‐ On‐site residential open space. Usable residential open space is required by the BMC. The proposed project satisfies the open space requirement with shared open space, ground level private open space, and balconies (Up to 50 percent of the required open space may be provided by private balconies). Per the proposed number of units in the project 4,400 sf of usable residential open space is required. The proposed project provides 6,629 sf of usable residential open space. The proposed shared open space is provided in two locations on the site, at the south‐east, and north‐east corners. These areas are adjacent to and tie into existing trails and park space. The lack of centrality of the shared open space is offset by the improved views and adjacency to the existing park space, also most residential units are provided with ground level private outdoor space or balconies. The seven balconies provide for the upper units of building C do not meet the minimum 6' depth requirement for balconies, however, these units have a direct adjacency to the provided shared outdoor space. The shared open space feature paths connecting the interior walkways with the adjacent trail system. Other features include a mix of walk‐able lawns and landscaping, 3 benches, and a fire pit. The 63,000 square foot site for the proposed project is adequate in size for this mixed‐use development. All proposed uses have been arranged on the site within setbacks required by the BMC. These uses include required uses such as open space, parking, and landscaping. The open space, parking, and other spaces are all in conformance with the BMC, which itself has been designed to ensure that a development properly relates with land and uses within the vicinity. The average 297 grade across the site is less than 1%. This poses no challenge to accommodating the proposed uses on the site. The proposed project will not have a negative impact on the abutting property. The residential portion of the project is in keeping with the neighborhood which is predominantly multi‐family residential. Also, the property is separated on the north and south sides from adjacent buildings by trail easements. To the east are a large park and no immediately adjacent buildings. The commercial portion of the project abuts the Gallatin Green Boulevard. These small‐scale commercial spaces will offer local residents a place to work or to purchase goods and services within walking or cycling distance. There are no special conditions of approval necessary to protect the public health, safety, and general welfare. Thank you, Erik Horn Ensitio 298 627 east peach ensitiodesign.com info@ensitiodesign.com April 03, 2019 City of Bozeman Department of Community Development 20 East Olive Street Bozeman, MT 59715 RE: Master Site Plan Narrative – Westland Lofts Mixed Use and Conditional Use; Lot 5, Block 14, Baxter Meadows Subdivision, Phase 6 Project Description: commercial and residential development with four condominium buildings. The 1.44‐acre lot is zoned B‐2 and in Lot 5, Block 14 in the Baxter Meadows Subdivision. Project Location: 2472 Gallatin Green Blvd ARTICLE 3. ‐ ZONING DISTRICTS AND LAND USES The proposed project includes the following uses: ground floor commercial with residential above, and apartment buildings. The proposed commercial uses include offices, retail store and service establishments, and Health and exercise establishments. The lot for the proposed project is zoned B‐2. All of the proposed commercial uses are primary uses in B‐2 zoned areas. The apartments buildings are allowed as a conditional use. DIVISION 38.540. ‐ PARKING There are 70 parking stalls provided in the proposed project, 23 garage stalls, 4 street stalls, and 43 lot stalls. The BMC requires 70 stalls be provided for the uses and intensity proposed for this project. Sec. 38.320.050. ‐ Form and intensity standards—Non‐residential and other mixed‐use districts. The side and rear setbacks for B‐2 zoning are 5 and 10 feet respectively. The proposed buildings do not intrude into these setbacks. The front yard set back is specified in the block frontage standards of the BMC. This project is designed per the storefront block frontage standards. The storefront block frontage standards require that the front of the building be placed adjacent to the sidewalk. The proposed project conforms to this standard. Sec. 38.520.060. ‐ On‐site residential open space. Usable residential open space is required by the BMC. The proposed project satisfies the requirement with shared open space, ground level private open space, and balconies (Up to 50 percent of the required open space may be provided by private balconies). Per the proposed number of units in the project 4,400 sf of usable residential open space is required. The proposed project provides 6,629 sf of usable residential open space. The proposed shared open space is provided in two locations on the site at the south‐east, and north‐east corners. These areas are adjacent to and tie into existing trails and park space. The lack of centrality of the shared open space is offset by the improved views and adjacency to the existing park space, also most residential units are provided with ground level private outdoor space or balconies. The seven balconies provided for the upper units of building C do not meet the minimum 6' depth requirement for balconies, however, these units have a direct adjacency to the provided shared outdoor space. The shared open space feature paths connecting the interior walkways with the adjacent trail system. Other features include a mix of walk‐able lawns and landscaping, 3 benches, and a fire pit. The proposed project will not have a negative impact on the abutting property. The residential portion of the project is in keeping with the neighborhood which is predominantly multi‐family residential. Also, the property is separated on the north and south sides from adjacent buildings by trail easements. To the east are a large park and no immediately adjacent 299 buildings. The commercial portion of the project abuts the Gallatin Green Boulevard. These small‐scale commercial spaces will offer local residents a place to work or to purchase goods and services within walking or cycling distance. DIVISION 38.510. ‐ BLOCK FRONTAGE STANDARDS The block frontage designation for Gallatin Green Boulevard is mixed. This project is designed using the storefront frontage block frontage standard. The storefront will abut the 16' wide sidewalk which will incorporate boulevard trees and a pedestrian‐oriented open space. The parking location (rear), the 20' depth, and the 13' ceiling height of the commercial space comply with the storefront block frontage standard. The entrances to the commercial spaces will on the west side of the building along Gallatin Green Boulevard. They will be protected from the weather with an awning that projects outward 5' along eighty‐five percent of the storefront. Fifty‐five percent of the facade between 30” and 10' above the sidewalk is transparent. 38.510.030.1‐ Trail/Park frontages Three sides of the project have trail/park frontages. The setbacks for trail/park frontage is designated by mixed‐use standards, standard of which is 10'. The project maintains a 10' setback in these locations Interior pedestrian access will be primarily provided by 5' wide concrete walkways that interconnect the unit entrances to the Gallatin Green Boulevard sidewalk, and to the adjacent trail system. There will be a stamped concrete crosswalk leading from building D to provide a more direct access to the west side of the site. Sec. 38.520.040. ‐ Non‐motorized circulation and design. Most of the internal pathways on the site feature a landscaped 3' separation from structures. With exception of the walkways located in front of the doors to the garages. We are requesting a departure to allow for a facade treatment at these locations instead of the 3' landscaped separation. The proposed facade treatments include an integrated metal clad entry awning with a cedar wood t&g soffit, wall sconces, and wall mounted trellises with vine plants in steel planters. Sec. 38.520.060. C – Usable commercial open space. Usable commercial open space will be provided along the sidewalk at the commercial unit storefronts. The commercial development envelope is approximately 17,000 s.f. The required 2% usable commercial open space equals 340 sf. The proposed project provides 750 sf of commercial open space. Features of the space include stamped concrete sidewalk, custom cast concrete benches with integrated down‐lighting, and planter areas. This space can be directly accessed from the commercial unit entries or from the Gallatin Green Boulevard sidewalk. Sec. 38.530.040. ‐ Building massing and articulation. Storefronts must be articulated through various means at a spacing no greater than 60' The storefronts along the west facade of building A facing Gallatin Green Boulevard have been articulated in conformance with the BMC. This facade features the following articulated features, windows, entries, and weather protection features, which repeat at a distance not greater than, 20', 23', and 38' respectively. Building walls facing rear or side yards are not subject to this standard. Residential buildings must be articulated through various means at a spacing no greater than 30'. The residential units are 20' wide. The windows, entries, and building materials are all articulated at a spacing generally aligned with the unit with. Sec. 38.530.050. ‐ Building details. Windows trim in the proposed project is understated metal J‐trim. This detailing is in keeping with the clean design, and composed window layout. Sec. 38.530.060. ‐ Building materials. Building materials for the proposed project include horizontal lapped Woodtone siding, vertical ship lapped cedar stained weathered grey, and metal flashing panels painted gray (24ga minimum). Sec. 38.530.070. ‐ Blank wall treatments. The proposed project does not feature any walls over 10' in height and 15' in length that does not include a transparent window or door. DESIGN INTENT 300 The owner has assembled an experienced design team to ensure a quality project. The team consists of Ensito Architecture, C&H Engineering, Red Barn Landscape architects and Mcgough Construction. The intent of the design is to provide attractive, reasonably‐priced multi‐family condominiums within an established subdivision. Building “A” will have commercial storefront along Gallatin Green Boulevard which will be designed per the Storefront Block Frontage category of the BMC. This will provide a pedestrian scale commercial area encouraging building residents and neighbors to limit driving by utilizing some services within walking distance. Building “B” backs up to the Public Park (labeled F on site plan) and has open views to the east over the wide subdivision park and open spaces. Buildings “C” and “D” line up along the east property boundary providing expansive views over the subdivision’s parks/open space with glimpses of the Bridger Mountains. The development will be serviced by existing City of Bozeman road, water, and sanitary sewer systems. No affordable housing units are proposed. PROJECT GOALS The goal of the project is to create affordable unique housing, introduce commercial space to serve the community and to maximize the site while maintaining a quality project. PROJECT TIMEFRAME The project is anticipated to break ground April 2019. However, this will be depended on the time frame of City review. The project will start with building “A and B” to establish an attractive and usable street front as quickly as possible. This will shield neighbors from the construction of subsequent buildings behind. The project will then proceed with buildings “C and D”. It is anticipated that the entire build‐out will take eighteen months. The anticipated start date for phase 2 is April 2020. Thank you, Erik Horn Ensitio 301 1 Drew Carter From:Brian Heaston <bheaston@BOZEMAN.NET> Sent:Wednesday, November 7, 2018 8:49 AM To:Drew Carter Cc:'Matt Hausauer' Subject:RE: CILWR Determination (Concept COB Application #18401) Drew, CIL water rights were provided with the plat. A credit of 9.9 AF exists for the parcel which is sufficient to meet the anticipated water demand for this development. No CILWR are required for the site plan. Sincerely, Brian From: Drew Carter <acarter@chengineers.com> Sent: Monday, November 05, 2018 11:38 AM To: Brian Heaston <bheaston@BOZEMAN.NET> Cc: 'Matt Hausauer' <mhausauer@chengineers.com> Subject: RE: CILWR Determination (Concept COB Application #18401) Hi Brian, Just following up to see if you’ve had a chance to review CILWR for this project. We were hoping to submit this on Wednesday. Let us know if you need any more information on our end. Thanks! Drew Carter From: Drew Carter <acarter@chengineers.com> Sent: Wednesday, October 31, 2018 4:14 PM To: 'Brian Heaston' <bheaston@BOZEMAN.NET> Cc: 'Matt Hausauer' <mhausauer@chengineers.com> Subject: CILWR Determination (Concept COB Application #18401) Hi Brian, We are putting together another site plan application in Baxter Meadows. The project is located on Lot 5, Block 14 in Baxter Meadows Phase 6. The project will consist of 26 two-bedroom units, 5 one-bedroom units, and 3,360 gross SF of commercial use. I believe CILWR was provided for the underlying subdivision. Could you confirm this or let us know if CILWR are required for this project. Please let me know if you have any questions or need any more information. Thanks, Drew Carter, E.I. Civil Engineer www.chengineers.com 302 303 1091 Stoneridge Drive • Bozeman, Montana • Phone (406) 587-1115 • Fax (406) 587-9768 www.chengineers.com • E-Mail: info@chengineers.com Civil/Structural Engineering and Surveying April 4, 2019 Griffin Nielsen, E.I. City of Bozeman Engineering Department 20 E. Olive Street Bozeman, MT 59718 RE: Westland Lofts Mixed Use MASP/CUP AND Site Plan Seasonal High Groundwater Levels (COB #18-557, 18-558); Dear Griffin, This letter is to provide a response to the request for seasonal high groundwater level (SHGWL) monitoring for the above referenced project. Eighteen monitoring wells were installed throughout the Baxter Meadows P.U.D. project as part of the subdivision’s preliminary plat application. Groundwater levels were monitored from May 2000 to August 2001. The monitoring well in the Phase 6 portion of the site (MW-36) showed ground water depths ranging 4.4 feet to 8.3 feet below ground surface (bgs) over the one-year period. Sections from the preliminary plat application, well readings, and well locations are included with this letter. In June 2018 a subsurface soils investigation was done on the site. Seven test pits were dug on the lot; groundwater was encountered at 4.1 to 6.0 feet bgs. This is consistent with the levels encountered in the preliminary plat application. The test pits were dug outside of the seasonal high levels, therefore groundwater levels through the site could vary slightly from what was observed with the test pits. The development is proposing two underground retention systems. The chambers located in the SE corner of the lot (Drainage Area 1 System) have a bottom elevation of 4697.7’, the existing grade at this location is 4700.4’. The chambers located in the northern parking row (Drainage Area 2 System) have a bottom elevation of 4694.8’, the existing grade at this location is 4697.5. Based on this information, the underground retention chambers will not be affected by the groundwater levels. If you have any questions or need any more information please give us a call at 406.587.1115. Thank You, Reviewed By: Drew Cater, E.I. Matt Hausauer, P.E. 304 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS Westland Lofts Mixed Use Master Site Plan I, the undersigned Owner of the real property situated in the County of Gallatin, State of ontana, and more particularly described as follows: Lot 5, Block 14, Baxter Meadows Subdivision Phase 6, City of Bozeman, [Plat J- 466[, located in SE 114, Sec. 34, T. 1 S., R. 5 E. of P.M.M., Gallatin County, Montana. IN CONSIDERATION of receiving site plan approval from the City of Bozeman for the estland Lofts Mixed Use Master Site Plan, along with accompanying rights and privileges and or other valuable consideration, the receipt of which is hereby acknowledged, and in recognition f the impacts to City transportation and infrastructure systems that will be generated by the evelopment of the above-described property, do hereby for ourselves, our heirs, personal epresentatives, successors and assigns, waive the right to protest the creation of one or more pecial improvement districts (SID's) for the following: l. Street improvements to Baxter Lane, including paving, curb/gutter, sidewalk, and storm drainage. 2. Street improvements to Cattail Street, including paving, curb/gutter, sidewalk, and storm drainage. 3. Street improvements to Ferguson Avenue, including paving, curb/gutter, sidewalk, and storm drainage. 4. Intersection improvements to the intersection of Baxter Lane and Ferguson Avenue. 5. Intersection improvements to the intersection of Cattail Street and Ferguson Avenue. Or to make any written protest against the proposed work or against the extent or creation of the districts (SID's) to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. 305 In the event an SID is not utilized for the completion of these improvements, the veloper agrees to participate in an alternate financing method for the completion of said provements on a fair share, proportionate basis as determined by square footage of property, t xable valuation of the property, traffic contribution from the development or a combination t ' ereof. This waiver shall be a covenant running with the land and shall not expire with the d ssolution of the limited liability company, provided however this waiver shall apply to the l nds herein described. The terms, covenants and provisions of this waiver shall extend to, and be binding upon t e successors-in-interest and assigns of the Landowner. ATEDthis ~dayof Apn'J ,2019. P OPERTY OWNER: Dallas Financial, LLC B : Steve McGough, Presi I}"' ,-7 (/ " 0\._ S ATE OF !:140:WT OJ.A. ) ) ss. C unty ofGMbrritr ) YV}(/1'1 'OJ?~ w T is instrument was signed or acknowledged before me this _j_ day of A p r I. I 21 19, by Steve McGough as President of Dallas Financial, a Limited Liability Corporation. (SEAL) e ALISA VANDYK Notary Publk: • State of Arizona · MARICOPA COUNTY My Commission Expires February 7. 2021 G:\C&H\17\ 171281 \Working Documents\ Waiver Of SIDS.Doc 306 Sage Properties Solutions L.L.C. C&H Engineering Bozeman MT ATTN: Drew Carter Montana.sps@gmail.com 1091 Stoneridge Drive, Bozeman, MT March 29, 2019 Hi Drew, In regards to the review I have done of the Westland Lofts site plan for Parking lot snow removal , I have determined that we can adequately remove the snow with our equipment and store in the locations Shown on the site plan. Our Bobcat skid steer with our 6’ wide smooth blade, will work fine along with our John Dear 410b front loader bucket to access all shown storage locations. Also, Gallatin Green will be plowed by the City or Baxter Meadows Property Owners Association. Regards, Joe 307 INSPECTION AND MAINTENANCE FOR STORMWATER MANAGEMENT FACILITIES The Property Owners Association shall be responsible for the maintenance of the stormwater drainage facilities within the Westland Lofts Mixed Use development. Storm Water Facilities: 1. Retention Ponds collect storm water runoff and store the water until it evaporates and/or infiltrates into the ground. 2. Pipe Networks convey storm water to different discharge locations underground. 3. Inlets are facilities where storm water runoff enters a pipe network. Inlets include storm water manholes and drains. 4. Catch Basins are sumps typically located directly below storm water inlets and allow sediment to settle before storm water enters the pipe network. 5. Drywells are underground storm water collection facilities that collect and temporarily store runoff from roof tops and landscaped areas before allowing storm water to infiltrate into the ground. 6. Contech Detention Systems are underground detention systems that collect and hold surface runoff an allow it to infiltrate back into the ground. Maintenance and inspection for Contech System shall follow the attached maintenance guide. Access to the system is provided through 24” risers. Locations and details of risers are shown on the site grading and drainage plan. Post Construction Inspection: 1. Observe drain time in retention ponds for a storm event after completion of the facility to confirm that the desired drain time has been obtained. If excessively slow infiltration rates are observed then excavate a minimum 5 ft by 5 ft drain to native gravels (or native well-draining material) and backfill with well-draining material (pit-run). 2. Observe that drywells, catch basins, and outlet structures are clear of any material or obstructions in the drainage slots. Inspect these structures to insure proper drainage following a storm event. Immediately identify and remove objects responsible for clogging if not draining properly. 3. Underground Detention Chambers inspection shall follow the Contech CMP Detention Inspection and Maintenance Guide. Semi-Annual Inspection: 1. Check retention ponds and dry wells three days following a storm event exceeding ¼ inch of precipitation. Failure for water to percolate within this time period indicates clogging or poor-draining soils. Clear any clogs and replace any poor-draining soils with well-draining gravely soils. 2. Check for grass clippings, litter, and debris in drainage swales, catch basins, dry wells, culverts and retention ponds. Flush and/or vacuum drywells or storm water pipes if excessive material is observed in the facilities. 3. Underground Detention Chambers inspection shall follow the Contech CMP Detention Inspection and Maintenance Guide. Standard Maintenance: 1. Remove sediment and oil/grease from retention ponds and detention 308 2. Inspect and remove debris from drainage swales, catch basins, dry wells, and retention ponds. Use a vacuum truck to clean catch basins and dry wells. 3. Monitor health of vegetation and revegetate as necessary to maintain full vegetative cover. 4. Inspect for the following issues: differential accumulation of sediment, drain time, signs of petroleum hydrocarbon contamination (odors, oil sheen in pond water), standing water, trash and debris. 5. Underground Detention Chambers inspection shall follow the Contech CMP Detention Inspection and Maintenance Guide. Sediment accumulation: In most cases, sediment from a retention pond does not contain toxins at levels posing a hazardous concern. However, sediments should be tested for toxicants in compliance with current disposal requirements and if land uses in the drainage area include commercial or industrial zones, or if visual or olfactory indications of pollution are noticed. Sediments containing high levels of pollutants should be disposed of in accordance with applicable regulations and the potential sources of contamination should be investigated and contamination practices terminated. 309 Underground stormwater detention and infiltration systems must be inspected and maintained at regular intervals for purposes of performance and longevity. Inspection Inspection is the key to effective maintenance of CMP detention systems and is easily performed. Contech recommends ongoing, quarterly inspections. The rate at which the system collects pollutants will depend more on site specific activities rather than the size or configuration of the system. Inspections should be performed more often in equipment washdown areas, in climates where sanding and/or salting operations take place, and in other various instances in which one would expect higher accumulations of sediment or abrasive/corrosive conditions. A record of each inspection is to be maintained for the life of the system. Maintenance CMP detention systems should be cleaned when an inspection reveals accumulated sediment or trash is clogging the discharge orifice. Accumulated sediment and trash can typically be evacuated through the manhole over the outlet orifice. If maintenance is not performed as recommended, sediment and trash may accumulate in front of the outlet orifice. Manhole covers should be securely seated following cleaning activities. Contech suggests that all systems be designed with an access/inspection manhole situated at or near the inlet and the outlet orifice. Should it be necessary to get inside the system to perform maintenance activities, all appropriate precautions regarding confined space entry and OSHA regulations should be followed. Systems are to be rinsed, including above the spring line, annually soon after the spring thaw, and after any additional use of salting agents, as part of the maintenance program for all systems where salting agents may accumulate inside the pipe. Maintaining an underground detention or infiltration system is easiest when there is no flow entering the system. For this reason, it is a good idea to schedule the cleanout during dry weather. The foregoing inspection and maintenance efforts help ensure underground pipe systems used for stormwater storage continue to function as intended by identifying recommended regular inspection and maintenance practices. Inspection and maintenance related to the structural integrity of the pipe or the soundness of pipe joint connections is beyond the scope of this guide. Contech® CMP Detention Inspection and Maintenance Guide CMP MAINTENANCE GUIDE 2/17 PDF © 2017 Contech Engineered Solutions LLC All rights reserved. Printed in USA. ENGINEERED SOLUTIONS NOTHING IN THIS CATALOG SHOULD BE CONSTRUED AS A WARRANTY. APPLICATIONS SUGGESTED HEREIN ARE DESCRIBED ONLY TO HELP READERS MAKE THEIR OWN EVALUATIONS AND DECISIONS, AND ARE NEITHER GUARANTEES NOR WARRANTIES OF SUITABILITY FOR ANY APPLICATION. CONTECH MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, RELATED TO THE APPLICATIONS, MATERIALS, COATINGS, OR PRODUCTS DISCUSSED HEREIN. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY CONTECH. SEE CONTECH’S CONDITIONS OF SALE (AVAILABLE AT WWW.CONTECHES.COM/COS) FOR MORE INFORMATION CMP DETENTION SYSTEMS 310 1 Drew Carter From:Griffin Nielsen <GNielsen@BOZEMAN.NET> Sent:Thursday, November 1, 2018 11:51 AM To:Matt Hausauer Cc:acarter@chengineers.com Subject:RE: Traffic Waiver Request - Baxter Meadows Matt, A traffic impact study is not required for the proposed development on Lot 5, Block 14 of the Baxter Meadows Sub based on the estimates for peak-hour trip generation. Please provide this email as the waiver for this requirements. Regards, City of Bozeman MT Griffin Nielsen, EIT| Engineering Department 406.582.2280 gnielsen@bozeman.net From: Matt Hausauer <mhausauer@chengineers.com> Sent: Thursday, November 1, 2018 8:48 AM To: Griffin Nielsen <GNielsen@BOZEMAN.NET> Cc: acarter@chengineers.com Subject: Traffic Waiver Request - Baxter Meadows Good morning Griffin, We’d like to request a waiver from a traffic study for the proposed Baxter Meadows Condominiums located on Lot 5, Block 14, Baxter Meadows Subdivision, Phase 6 (please see attached). The proposed development consists of 26 two- bedroom units, 5 one-bedroom units, and 3,360 gross SF of general commercial. Bob Abelin with Abelin Traffic Services provided the below trip generation estimate for the proposed project using the 10th Edition ITE Trip Generation Rates. The proposed project is anticipated to have a peak hour total of 19 AM trips and 21 PM trips with a total of 264 daily trips. This estimate is below the 100 peak hour trip threshold that is typically required for a Traffic Impact Study by the ITE Manual. Please let me know if you have any questions. Thank you, Matt Hausauer, P.E. Civil Engineer www.chengineers.com 311 2 "This message and/or attachment contains confidential information. Distribution of this information must be only to those of C&H Engineering and Surveying, Inc employees or individuals contractually approved to receive this information. If you are not the addressee and/or are not authorized to receive this for the addressee, you must not use, copy, disclose,forward, print or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply e-mail and delete this message." Matt, it looks like the total on this one would be 19 AM, 21 PM, and 264 Daily trips, which sounds fairly reasonable. The residential units are fairly standard and the total commercial is pretty small. Let me know if you have any questions. Bob 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. 312 BEGA 1000 Bega Way, Carpinteria, CA 93013 (805)684-0533 Fax (805)566-9474 www.bega-us.com © Copyright BEGA-US 2017 In the interest of product improvement, BEGA reserves the right to make technical changes without notice. 2/15/2017 Photometric Filename: 77263.ies TEST: BE5864TEST LAB: BEGADATE: 9/22/2015 LUMINAIRE: 77 263 LAMP: 2.1W LED Lum. Classification System (LCS) LCS Zone Lumens %Lamp %Lum FL (0-30) 29.5 N.A. 22.5 FM (30-60) 71.1 N.A. 54.3FH (60-80) 23.7 N.A. 18.1FVH (80-90) 0.8 N.A. 0.6 BL (0-30) 1.7 N.A. 1.3 BM (30-60) 3.1 N.A. 2.4 BH (60-80) 0.8 N.A. 0.6BVH (80-90) < 0.05 N.A. 0.0UL (90-100) 0.1 N.A. 0.0 UH (100-180) 0.1 N.A. 0.1 Total 130.9 N.A. 100.0 BUG Rating B0-U1-G0 CharacteristicsIES Classification Type III Longitudinal Classification Very Short Lumens Per Lamp N.A. (absolute) Total Lamp Lumens N.A. (absolute)Luminaire Lumens 131Downward Total Efficiency N.A. Total Luminaire Efficiency N.A. Luminaire Efficacy Rating (LER) 44 Total Luminaire Watts 3Ballast Factor 1.00Upward Waste Light Ratio 0.00 Max. Cd. 86.1 (350H, 35V) Max. Cd. (<90 Vert.) 86.1 (350H, 35V) Max. Cd. (At 90 Deg. Vert.) .2 (0.2%Lum)Max. Cd. (80 to <90 Deg. Vert.) 7.6 (5.8%Lum)Cutoff Classification (deprecated) N.A. (absolute) Grid Spacing = 2 ft. 313 Type: BEGA Product: Project: Voltage: Color: Options: Modified: BEGA 1000 BEGA Way, Carpinteria, CA 93013 (805) 684-0533 FAX (805) 566-9474 www.bega-us .com ©copyright BEGA 2017 Updated 02/17 Post construction: One piece extruded aluminum. All aluminum in the construction is marine grade and copper free. Lamp Enclosure: One piece die cast aluminum housing attached to post using two (2) captive stainless steel screws threaded into stainless steel inserts. Matte safety glass lens. Fully gasketed using a one piece molded silicone gasket. Electrical: 2.1W LED luminaire, 3.5 total system watts, -30°C start temperature. Integral 12V AC driver provided must be operated using remote magnetic transformer. Standard LED color temperature is 3000K with a >90 CRI. Note: LEDs supplied with luminaire. Due to the dynamic nature of LED technology, LED luminaire data on this sheet is subject to change at the discretion of BEGA-US. For the most current technical data, please refer to www.bega-us.com. Anchor base: Anchor base made of galvanized steel, made for bolting into foundation or other paved surface. Bollards are secured to anchor base using two (2) stainless steel set screws. Finish: Available in four standard BEGA colors: Black (BLK); White (WHT); Bronze (BRZ); Silver (SLV). To specify, add appropriate suffix to catalog number. Custom colors supplied on special order. Please note: BEGA’s approach to product design is to innovate, not follow. With a steadfast commitment to quality, each product is conceived to satisfy a general or specific lighting task as defined by its architectural or exterior surroundings. The Home and Garden Collection is designed specifically for use in Residential and Light Commercial applications. Please reference our standard BEGA portfolio when mounting provisions for the rigorous demands of high-use commercial and/or vandal prone settings are required. CSA certified to U.S. and Canadian standards, suitable for wet locations. Protection class IP65 Weight: 6.3 lbs. LED garden and pathway bollard Lamp A B 77 263 with direct burial anchorage 2.1 W LED 4 3⁄8 27 1⁄2 314 315 Page 1 of 2 WPLED5Y LED 5W Wallpacks. Patent Pending thermal management system. 100,000 hour L70 lifespan. 5-year, no-compromise warranty. Color: Bronze Weight: 2.0 lbs Project:Type: Prepared By:Date: Driver Info Type:Constant Current 120V:0.18A 208V:0.18A 240V:0.18A 277V:N/A Input Watts:5W Efficiency:94% LED Info Watts:5W Color Temp:3000K (Warm) Color Accuracy:88 CRI L70 Lifespan:100,000 Lumens:128 Efficacy:24 LPW Technical Specifications Listings UL Listing: Suitable for wet locations in downlight position only. Suitable for mounting within 1.2m (4ft) of the ground. IESNA LM-79 & IESNA LM-80 Testing: RAB LED luminaires and LED components have been tested by an independent laboratory in accordance with IESNA LM-79 and LM-80. LED Characteristics Lifespan: 100,000-hour LED lifespan based on IES LM-80 results and TM-21 calculations LEDs: 5W, high-output, long-life LED Color Temperature (Nominal CCT): 3000K Color Consistency: 3-step MacAdam Ellipse binning to achieve consistent fixture-to-fixture color Color Stability: LED color temperature is warrantied to shift no more than 200K in CCT over a 5 year period Color Uniformity: RAB's range of CCT (Correlated Color Temperature) follows the guidelines of the American National Standard for Specifications for the Chromaticity of Solid State Lighting (SSL) Products, ANSI C78.377- 2017. Construction IP Rating: Ingress Protection rating of IP66 for dust and water Ambient Temperature: Suitable For use in 40°C (104°F) ambient temperatures Cold Weather Starting: Minimum starting temperature is -40°C (-40°F) Housing: Precision die cast aluminum housing and mounting plate. 1 1/2" backbox with three 1/2" conduit entry points. Gaskets: High temperature silicone gaskets Finish: Formulated for high-durability and long lasting color Green Technology: Mercury and UV-free. RoHS compliant components. Other Patents: The WPLED design is protected by patents pending in the U.S., Canada, China, Taiwan and Mexico. Warranty: RAB warrants that our LED products will be free from defects in materials and workmanship for a period of five (5) years from the date of delivery to the end user, including coverage of light output, color stability, driver performance and fixture finish. RAB's warranty is subject to all terms and conditions found at Equivalency: Equivalent to 13W CFL or 60W Incandescent Buy American Act Compliance: RAB values USA manufacturing! Upon request, RAB may be able to manufacture this product to be compliant with the Buy American Act (BAA). Please contact customer service to request a quote for the product to be made BAA compliant. Electrical Drivers: Constant current, Class 2, 100 - 240VAC, 50 - 60 Hz, 0.18 Amps. Surge Protection: 1 KV Need help? Tech help line: (888) RAB-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright © 2018 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice 316 Page 2 of 2 WPLED5Y Features High performance LED light engine Maintains 70% of initial lumens at 100,000 hours Weatherproof high temperature silicone gaskets Superior heat sinking with die cast aluminum housing and external fins Replaces 13W CFL or 60W Incandescent 100 up to 240 Volts 5-Year, No-Compromise Warranty Ordering Matrix Family Shape Wattage Color Temp Finish Photocell Other Options WPLED Blank = Square R = Round 5 = 5W Blank = 5000K (Cool) Y = 3000K (Warm) N = 4000K (Neutral) Blank = Bronze W = White Blank = No Photocell /PCS = 120V Swivel USA = BAA Compliant Blank = Standard Need help? Tech help line: (888) RAB-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright © 2018 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice 317 Page 1 of 1 ARMSV24 Color: Bronze Weight: 2.6 lbs Project:Type: Prepared By:Date: Technical Specifications Other Threads: 1/2" NPS at the fixture Side Buy American Act Compliance: RAB values USA manufacturing! Upon request, RAB may be able to manufacture this product to be compliant with the Buy American Act (BAA). Please contact customer service to request a quote for the product to be made BAA compliant. Construction Diameter: Diameter of the tube is 1" Mounting: The wall plate does not mount to a junction box but directly to the mounting surface with the proper hardware for the surface Accessory Only: LPACK LED fixture sold separately Arm: Use to extend fixtures away from wall and to adjust the aiming angle of the light fixture. Great for facade and sign lighting . Swivel Plate: Die cast aluminum Swivel Plate adjusts 30° in both directions and mounts to RAB's WPLED10, WPLED13, WPLED18, WPLED20 and WPLED26 fixtures Construction: All aluminum construction 1" diameter, thick extension rod. Secures to Wall Mounting Plate with (2) stainless steel set screws. Max Weight Capacity: 9.0 lbs. Features LPACK LED fixture sold separately Accessory for LED LPACK Includes wires for easy connection to fixture wires and supply wires Need help? Tech help line: (888) RAB-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright © 2018 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice 318 319 Page 1 of 2 WPLED10Y LED 10W & 13 Wallpacks. Patent Pending thermal management system. 100,000 hour L70 lifespan. 5-year, no-compromise warranty. Color: Bronze Weight: 3.3 lbs Project:Type: Prepared By:Date: Driver Info Type:Constant Current 120V:0.1A 208V:0.07A 240V:0.06A 277V:0.05A Input Watts:12W Efficiency:81% LED Info Watts:10W Color Temp:3000K (Warm) Color Accuracy:74 CRI L70 Lifespan:100,000 Lumens:1198 Efficacy:97 LPW Technical Specifications Listings UL Listing: Suitable for Wet Locations as a Downlight. Suitable for Damp Locations as an Uplight. Wall Mount only. Suitable for Mounting within 4ft. of ground. IESNA LM-79 & IESNA LM-80 Testing: RAB LED luminaires and LED components have been tested by an independent laboratory in accordance with IESNA LM-79 and LM-80. LED Characteristics Lifespan: 100,000-hour LED lifespan based on IES LM-80 results and TM-21 calculations Color Consistency: 3-step MacAdam Ellipse binning to achieve consistent fixture-to-fixture color Color Stability: LED color temperature is warrantied to shift no more than 200K in CCT over a 5 year period Color Uniformity: RAB's range of CCT (Correlated Color Temperature) follows the guidelines of the American National Standard for Specifications for the Chromaticity of Solid State Lighting (SSL) Products, ANSI C78.377- 2017. Lumen Maintenance: The LED will deliver 70% of its initial lumens at 100,000 hours of operation Construction Finish: Formulated for high-durability and long lasting color Cold Weather Starting: Minimum starting temperature is -40°C (-40°F) Maximum Ambient Temperature: Suitable for use in 40°C (104°F) ambient temperatures Housing: Precision die cast aluminum housing, lens frame Mounting: Surface plate and Junction box Green Technology: Mercury and UV-free. RoHS compliant components. Gaskets: High Temperature Silicone Electrical Driver: Multi-chip 10W high output long life LED Driver Constant Current, Class II, 120V-240V, 50/60/ Hz, 350mA THD: 10.8% at 120V, 13.8% at 277V Power Factor: 98.5% at 120V, 92.1% at 277V Other Patents: The design of the LPACK is protected by U.S. Pat. D604,004 and patents pending in Canada, China and Taiwan. Warranty: RAB warrants that our LED products will be free from defects in materials and workmanship for a period of five (5) years from the date of delivery to the end user, including coverage of light output, color stability, driver performance and fixture finish. RAB's warranty is subject to all terms and conditions found at Equivalency: Equivalent to 70W Metal Halide Buy American Act Compliance: RAB values USA manufacturing! Upon request, RAB may be able to manufacture this product to be compliant with the Buy American Act (BAA). Please contact customer service to request a quote for the product to be made BAA compliant. Optical BUG Rating: B1 U0 G0 Need help? Tech help line: (888) RAB-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright © 2018 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice 320 Page 2 of 2 WPLED10Y Features High performance LED light engine Maintains 70% of initial lumens at 100,000 hours Weatherproof high temperature silicone gaskets Superior heat sinking with die cast aluminum housing and external fins 5-Year, No-Compromise Warranty Ordering Matrix Family Wattage Color Temp Sensor Surface Plate Surface Place Finish Photocell Other Options WPLED 10 = 10W 13 = 13W Blank = 5000K (Cool) Y = 3000K (Warm) N = 4000K (Neutral) Blank = No Sensor MS = Mini Sensor Blank = No Surface Plate S = Surface Plate Blank = Bronze W = White Blank = No Photocell /PC = 120V Button /PCS = 120V Swivel /PC2 = 277V Button Blank = Standard USA = BAA Compliant Need help? Tech help line: (888) RAB-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright © 2018 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice 321 (3($&+ %2=(0$107 6+((7 5()5(1&( ,668('$7( 5(1'(5,1*6:(67/$1'/2)760,;(' 86(5 *$//$7,1*5((1%/9' BUILDING A - LOOKING NE 322 (3($&+ %2=(0$107 6+((7 5()5(1&( ,668('$7( 5(1'(5,1*6:(67/$1'/2)760,;(' 86(5 *$//$7,1*5((1%/9' BUILDING A - EAST FACADE 323 (3($&+ %2=(0$107 6+((7 5()5(1&( ,668('$7( 5(1'(5,1*6:(67/$1'/2)760,;(' 86(5 *$//$7,1*5((1%/9' PARKING LOT LOOKING SW 324 DECLARATION for WESTLAND LOFTS CONDOMINIUM 325 INDEX Certificate of Name .................................................... 2 Certificate of Floor Plan ................................................. 3 DECLARATION FOR WESTLAND LOFTS CONDOMINIUM .................... 4 Definitions ..................................................... 4 Real Estate .................................................... 6 Easement, Common Elements -- Interior Remodeling .................... 8 Ownership and Voting -- Exhibits -- Use .............................. 9 The Association ................................................17 Declarant’s Right to Change ......................................22 Amendment ...................................................22 Changes, Repairs and Liens ......................................23 Insurance .....................................................25 Removal or Partition -- Subdivision .................................32 Notice to Mortgagees ............................................33 Remedies .....................................................32 Severability ................................................... 33 Interpretation ..................................................33 Miscellaneous .................................................33 1 326 CERTIFICATE OF NAME The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin, herewith executes the following certificate relating to WESTLAND LOFTS CONDOMINIUM, situated as follows: Lot 5 in Block 14 of Baxter Meadows Subdivision, Phase 6 to the City of Bozeman, Gallatin County, Montana. [Plat J-466] 1.That the name WESTLAND LOFTS CONDOMINIUM, is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County, except for the word "Condominium", and 2.All taxes and assessments due and payable for the said WESTLAND LOFTS CONDOMINIUM, have been paid to date. Dated: _______________________ ______________________________ Montana Department of Revenue 2 327 CERTIFICATE OF FLOOR PLANS The undersigned, being a duly registered professional architect in the State of Montana, herewith certifies the following: That the floor plans for WESTLAND LOFTS CONDOMINIUM, situated on Lot 5 in Block 14 of Baxter Meadows Subdivision, Phase 6 to the City of Bozeman, Gallatin County, Montana [Plat J-466] as duly filed with the Declaration and Bylaws thereof, fully and accurately depict the layout, location, unit designation and dimensions of WESTLAND LOFTS CONDOMINIUM as of this date, and that such floor and site plans are an accurate copy of the plans filed with and approved by the officials and officers of the City of Bozeman, Montana having jurisdiction to issue building permits. Such floor and site plans render hand representation of the actual buildings as built. Dated: ___________________________ ______________________________________ Erik Horn Registered Professional Architect License No. ____________________________ 3 328 DECLARATION FOR WESTLAND LOFTS CONDOMINIUM THIS DECLARATION is hereby made and entered into this ______ day of ________________, 2018, by DALLAS FINANCIAL, LLC, of PO Box 12009, Bozeman, Montana 59719, hereinafter referred to as "Declarant," whereby the lands and property hereinafter described are submitted to the provisions of Chapter 23, Title 70, MCA, also known as the "Unit Ownership Act" as a condominium. The property subject to this Declaration shall be known as WESTLAND LOFTS CONDOMINIUM. The current address of WESTLAND LOFTS CONDOMINIUM is 2468, 2470, 2472 and 2474 Gallatin Green Boulevard, Bozeman, Montana 59718. I. DEFINITIONS Unless the context expressly provides otherwise, the following definitions shall pertain throughout this Declaration and in the interpretation thereof : 1.Aggregate Voting shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. 2.Association or Westland Lofts Condominium Owners Association, Inc. shall mean all of the Unit Owners acting as a group and in accordance with duly adopted Bylaws and this Declaration. 3.Board or Board of Directors shall mean the Board of Directors of the Association as more particularly defined in the Bylaws. 4.Building shall mean a multiple Unit building or buildings comprising a part of the property. 5.Bylaws shall mean the Bylaws promulgated by the Association under this Declaration and the Unit Ownership Act. 6.Common Elements shall mean both General Common Elements and Limited Common Elements. a.General Common Elements include all those elements which are for the use of all Unit Owners and guests of Unit Owners of Westland Lofts Condominium. Specifically included are: grounds surrounding the Buildings, the land on which the Buildings are located, paths, sidewalks and walkways, any portion of the parking areas not specifically allocated to a particular Unit, any irrigation system placed on the property for landscape maintenance, any 4 329 portions of the Buildings designated on the floor plans as common to all Units, electrical, gas, telephone, water and sewer lines and connections serving all of the Units, landscaping, plants and other materials and improvements separate from and outside of the Buildings containing the Units, and other elements necessary for the safety, maintenance and existence of WESTLAND LOFTS CONDOMINIUM in which each Unit Owner shall have his or her designated percentage of interest, as set forth in Paragraph IV below. b.Limited Common Elements as used in this Declaration shall mean those Common Elements which are reserved for the use of fewer than all of the Owners and guests of Unit Owners of WESTLAND LOFTS CONDOMINIUM, to the exclusion of other such Owners and guests. As to any given Unit Owner or Owners, Limited Common Elements shall mean the Common Elements which are located within or affixed to the Building containing his or her Unit, and which are for the use of the Unit Owners and guests of that Unit in which the elements are located or situated on the real property known as WESTLAND LOFTS CONDOMINIUM. Specifically included are: flues, chimneys, ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines, hot and cold water pipes (all such utility pipes and lines are Limited Common Elements where they service only one or two Units; where they service all Units, they shall be General Common Elements), stairways, balconies, entrances, stoops, furnaces, patios, decks, driveways, rooftop terraces, boilers, hot water tanks, and fixtures, or other portions of the Building servicing only a particular Unit or less than all of the Units. The percentage of interest in the Limited Common Elements for each respective Units shall be computed by taking the square footage of each Unit that has an interest in the Limited Common Element and dividing it by the total square footage of all the Units having an interest in such Limited Common Element. 7.Common Expenses shall mean expenses of administration, maintenance, repair or replacement of General Common Elements, expenses agreed upon as common by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. 8.Declaration shall mean this document and all parts attached thereto or incorporated by reference. 9.Limited Expenses shall mean the expenses attributable to the maintenance, repair and replacement of Limited Common Elements, and are expenses only for Owners of Units within the respective Building for which the expenses are accrued. 5 330 10.Manager shall mean the manager, the Board of Directors, management corporation, or any other person or group of persons retained or appointed by the Association of Unit Owners for the purpose of conducting the day-to- day operations of WESTLAND LOFTS CONDOMINIUM. 11.Property shall mean the land, Buildings, improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the provisions of the Unit Ownership Act. 12.Unit shall be the separate condominium Units of WESTLAND LOFTS CONDOMINIUM and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of independent use, and with a direct exit to a public street or highway or to a common area or areas leading to a public street or highway. 13. Recording Officer shall mean the county officer charged with the duty of filing and recording deeds, mortgages and all other instruments or documents relating to this Declaration and the property which is its subject. 14.Unit Designation shall mean the combination of letters, numbers, or words which identifies the designated Units. 15.Unit Owner or Owners shall mean the person or persons owning a fee simple absolute, or one who is a co-owner in any real estate tenancy relationship that is recognized under the laws of the State of Montana, in one or more Units of WESTLAND LOFTS CONDOMINIUM. II. REAL ESTATE Description The property which is by this Declaration submitted and subject to the Montana Unit Ownership Act is described as follows: Lot 5 in Block 14 of Baxter Meadows Subdivision, Phase 6 to the City of Bozeman, Gallatin County, Montana. [Plat J-466] The property which is by this Declaration submitted and subject to the Montana Unit Ownership Act is located within a growth policy area of a first-class municipality and qualifies for a municipal facilities subdivision review exclusion in accord with Section 76-4- 125(2)(d), Montana Code Annotated. 6 331 The condominium Units in Phase 1 of WESTLAND LOFTS CONDOMINIUM shall consist of twenty-three (23) separate Units: Eight (8) commercial Units designated as Unit 101, Unit 102, Unit 103, Unit 104, Unit 105, Unit 106, Unit 107 and Unit 108; and fifteen (15) residential Units designated as Unit 109, Unit 110, Unit 111, Unit 112, Unit 113, Unit 114, Unit 115, Unit 116, Unit 117, Unit 118, Unit 119, Unit 120, Unit 121, Unit 122, and Unit 123. Units in Phase 2 are hereby declared but have not yet been built and shall consist of sixteen (16) residential Units designated as Unit 124, Unit 125, Unit 126, Unit 127, Unit 128, Unit 129, Unit 130, Unit 131, Unit 132, Unit 133, Unit 134, Unit 135, Unit 136, Unit 137, Unit 138 and Unit 139. The provisions of this Declaration and the Bylaws shall be construed to be covenants running with the land, and shall include every Unit and shall be binding upon the Unit Owners, their heirs, successors, personal representatives and assigns for as long as this WESTLAND LOFTS CONDOMINIUM Declaration and Bylaws are in effect. Condominium Units Each Unit, together with the appurtenant undivided interest in the Common Elements of WESTLAND LOFTS CONDOMINIUM, shall together comprise one condominium unit, shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium unit. The Units comprising the condominium shall be contained in four (4) Buildings. Encroachments If any portion of the General Common Elements or Limited Common Elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. If any portion of any Unit encroaches upon the General Common Elements, or Limited Common Elements, or upon an adjoining Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the General Common Elements, the Limited Common Elements, or on the Units for the purpose of marketability of title. Parking Areas Parking areas may be assigned to particularly Units as Limited Common Elements as may be set forth on the Site Plan. So long as the Declarant owns at least fifty percent (50%) of the unit ownership interest, the Declarant reserves the right to assign parking spaces as Limited Common Elements to particular Units. Those spaces not designated as Limited Common Elements will be General Common Elements for the use and benefit of all Unit Owners. Thereafter, subsequent use and assignment of parking space shall be pursuant to regulation of the Association provided that any assignment shall be made base on a Unit’s ownership interest percentage or other equitable basis and shall be applied in a non-discriminatory fashion. 7 332 Unit Boundaries Each Unit shall include the part of the Building containing the Unit that lies within the boundaries of the Unit, which boundaries are as follows: a.Upper and Lower Boundaries: the upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: 1.Upper Boundary: the plane of the lowest surfaces of the ceiling joists of the uppermost floor for all Units. 2.Lower Boundary: the plane of the lowest surface of the floor joists of the lowest floor for all Units. b.Perimetrical Boundaries: the perimetrical boundaries of the Unit shall be the following boundaries extended to an intersection with the upper and lower boundaries; 1.Exterior Building Walls: the plane of the innermost interior surface of the exterior walls of the Buildings except that such boundary shall be extended so as to include within it all windows and doors in the Unit. 2.Interior Building Walls: the vertical planes of the centerline of the walls bounding a Unit extended to an intersection with other perimetrical boundaries. Where walls between Units are of varying thicknesses, the plane of the centerline of a boundary wall shall be the median line drawn between the two outermost boundaries of such wall. III. EASEMENT, COMMON ELEMENT--INTERIOR REMODELING Common Element Easements A nonexclusive right of ingress, egress and support through the Limited Common Elements within the Building is appurtenant to each Unit, and all of the General Common Elements are subject to such rights. Easement for Utilities Each Unit may have its air space penetrated by electrical wires and lines, gas lines, mechanical equipment including air handling ducts, hot and cold water lines, waste water lines and vents and other utility and mechanical lines, pipes or equipment. A non-exclusive easement shall exist through, over and across each Unit for inspection, installation, 8 333 maintenance, replacement and repair of such utility lines and mechanical equipment for the use of all of the Unit Owners or the Unit Owners being serviced by the air space being penetrated by such lines and/or equipment to a minimum, ingress and egress for the purpose of such inspection, installation, maintenance, replacement or repair of such easement rights shall only be done under the direction and approval and with the authority of the Association and/or the Manager unless an emergency exists in which event any action may reasonably be taken which is justified under the circumstances to minimize damage which would otherwise occur as a consequence of such emergency. Easement for Support Every portion of a Unit which contributes to the structural support of the Building in which it is located shall be burdened with an easement of structural support for the benefit of the Common Elements and the other Units located within such Building. Interior Remodeling Each Unit Owner shall have the exclusive right to paint, repaint, tile, carpet, brick or otherwise maintain, refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his or her own Unit, and the interior thereof, so long as such Owner does not affect the structural integrity of the Building in which his or her Unit is located. IV. OWNERSHIP AND VOTING - EXHIBITS - USE Percentage of Interest Each Unit Owner shall be entitled to the exclusive ownership, use and possession (subject to easements as herein provided) of his or her Unit. Additionally, each Unit Owner shall have a percentage of undivided interest in the General Common Elements of WESTLAND LOFTS CONDOMINIUM. Such percentage represents his or her ownership interest in the General Common Elements, his or her voting interest, and his or her liability for Common Expenses. Notwithstanding the foregoing, until unbuilt Units have been fully constructed and a Certificate of Floor Plan has been recorded for such Units, such unbuilt Units shall have no voting interest or liability for Common Expenses. The percentage of interest in the General Common Elements for the respective Owners shall be computed by taking the square footage of each Unit at the date of filing this Declaration and dividing it by the total square footage of all the Units having an interest in the General Common Elements of WESTLAND LOFTS CONDOMINIUM. Such percentage of interest owned by each of the Units in WESTLAND LOFTS CONDOMINIUM shall be according to the percentages set forth below: UNIT NO.SQUARE FOOTAGE*†PERCENTAGE OF INTEREST IN GENERAL COMMON ELEMENTS* 9 334 Unit 101 341†0.6433% Unit 102 351†0.6622% Unit 103 392†0.7395% Unit 104 351†0.6622% Unit 105 392†0.7395% Unit 106 351†0.6622% Unit 107 392†0.7395% Unit 108 341†0.6433% Unit 109 1596†3.0109% Unit 110 1654†3.1203% Unit 111 1773†3.3448% Unit 112 1656†3.1241% Unit 113 1773†3.3448% Unit 114 1656†3.1241% Unit 115 1771†3.3410% Unit 116 1596†3.0109% Unit 117 887 †1.6733% Unit 118 1270†2.3959% Unit 119 1942 †3.6636% Unit 120 1991†3.7560% Unit 121 1924†3.6296% Unit 122 1991†3.7560% Unit 123 1941†3.6617% Unit 124*874*†1.6488%* Unit 125*902*†1.7016%* Unit 126*887*†1.6733%* Unit 127*1815*†3.4240%* Unit 128*1850*†3.4900%* Unit 129*1783*†3.3636%* Unit 130*1850*†3.4900%* Unit 131*2361*†4.4540%* Unit 132*1850*†3.4900%* Unit 133*1815*†3.4240%* Unit 134*780*†1.4715%* Unit 135*1073*†2.0242%* Unit 136*1759*†3.3184%* Unit 137*1810*†3.4146%* Unit 138*1810*†3.4146%* Unit 139*1457*†2.7486%* TOTAL 53008†100.00%* * These Units have not yet been constructed and the size and configuration of such Units are subject to change, and any change in the size of such Units may effect all Units’ percentage interest in the General Common Elements. 10 335 † The actual dimensions and boundaries of the Units are set forth above in Article II, Unit Boundaries. The square footage measurements set forth in this Article IV may not be the actual square footage measurements of the Units as said Units are defined in Article II, Unit Boundaries. The square footage measurements set forth in this Article IV are used only for the purposes of determining each Unit Owner’s percentage interest in the General Common Elements and liability for Common Expenses. No representation or warranty of any kind whatsoever is made that the square footage measurements set forth above are the actual square footage measurements of any Unit. Supplemental Declaration At such time as the construction of Units in the other phases is completed, Declarant shall record in the office of the Clerk and Recorder of Gallatin County, Montana, for each additional completed phase or phases a Supplemental Declaration containing: a.A revised site plan showing the location of the completed Building(s) and Units constructed on the real property; b.Floor plans showing the Units to be contained within the additional Building(s)that have been constructed together with each numbers given to the specific Units; c.A description of the Building(s) and the materials of which they are constructed; d.In the event the projected measurements of the unbuilt Units change, a revised schedule of the percentage of undivided ownership in the General Common Elements for all Units within the Condominium; e.To be and remain in compliance with the provisions of Section 70-23-306, MCA, at the time of the filing of such Supplemental Declaration, a revised site plan and floor plans together with a certificate executed by an architect, land surveyor, or engineer shall be prepared and recorded, being additions to the exhibits attached hereto, certifying and showing that the said floor plans fully and accurately depict the layout of the Units in the Building(s), as built, and that construction of each such additional new Building has been completed; and f.A description of any and all Limited Common Elements to the new Units if there shall be any changes to the description contained in the existing Declaration or any of the amendments thereto. The Declarant may file the Supplemental Declaration without the consent of any other Unit Owner. Declarant reserves the absolute and unfettered right to change the configuration, size, layout and all other attributes of the unbuilt Units. 11 336 Prior to the recording of the Supplemental Declaration, Declarant shall retain sole control over those portions of the General Common Elements containing the unbuilt Units. After the recording of the final Supplemental Declaration, all Owners of condominium Units in the Property shall have a nonexclusive right and license subject to the provisions herein, to use and enjoy all of the General Common Elements of the Property. Each Unit Owner acknowledges and recognizes that until construction of all unbuilt Units is complete, there may be certain inconveniences, and each Unit Owner, upon acceptance of a deed for the Unit, waives all claims with respect thereto. Until the construction and sale of all Units is completed, Declarant shall have an easement across all General Common Elements of the Property for construction, sales and marketing purposes. During construction of the additional Units, the Declarant shall have the right to store construction materials on any portion of the General Common Elements provided that general ingress and egress to any built Unit is not blocked. Each Unit Owner agrees not to enter into any area of construction on the Property and if any Unit Owner or Unit Owner’s family, guests, employees, contractors, agents or invitees enter onto any area of construction, they do so at their own risk, and neither Declarant, nor Declarant’s contractors, agents or employees shall be liable for any damage, loss or injury to such persons. Substantial construction-related activities relating to the development of the remaining Units on the Property may cause considerable noise, dust and other inconveniences to the Unit Owners purchasing Units in the Condominium. Until the unbuilt Units are actually constructed and corresponding amendments to this Declaration containing the respective certificates of floor plans are recorded, said unbuilt Units shall not be assessed for any portion of the Common Expenses nor shall such unbuilt Units have any voting interest and only the built Units for which a certificate of floor plan has been filed shall be assessed and have a voting interest based upon a percentage interest calculated by taking the square footage of each Unit as built and dividing it by the total square footage of all the built Units. Declarant may sign and record a Supplemental Declaration pursuant to the terms set forth herein without the consent of any other Unit Owner. Nevertheless, at the time the Declarant, or its successors or assigns, elect to file such Supplemental Declarations to this Declaration, all then existing condominium Unit Owners hereby covenant and agree that they will, upon request, join in the execution of such amendment papers agreeing, consenting and joining in such Supplemental Declaration, and further agreeing to reduce their percentage of ownership interest in the General Common Elements. The within agreement shall be a covenant running with the land, and shall be binding upon the Owners of the then existing Units, who upon acquiring title to such Unit, by this covenant agree and consent to the filing of such Supplemental Declaration and join in the same, and by this covenant agree and consent to the appointment of either of the Declarant as its attorney-in-fact, coupled with an interest, so that the Declarant may in its discretion simply file the Declaration on its own initiative, having been herein given the power and authority to make such amendment for and on behalf of all subsequent condominium Owners in WESTLAND LOFTS CONDOMINIUM. 12 337 After expansion, reallocation of Unit Owners’ percentage of undivided interest in the General Common Elements shall be calculated by taking the square footage of each Unit at the date of filing a Supplemental Declaration and dividing it by the total square footage of all the Units having an interest in the General Common Elements of the Condominium. Floor Plans and Exhibits WESTLAND LOFTS CONDOMINIUM will consist of four (4) Buildings and the real property described in Paragraph II above which contain a total of thirty-nine (39) separate WESTLAND LOFTS CONDOMINIUM Units as shown on the site plan and floor plans. For identification and descriptive purposes the following Exhibits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit A: showing the site plan of WESTLAND LOFTS CONDOMINIUM and the location of the Buildings containing WESTLAND LOFTS CONDOMINIUM Units on the Property. Exhibit B: showing the first floor plans of WESTLAND LOFTS CONDOMINIUM and the square footage of each and any designated Limited Common Elements, as well as the garages that have been assigned to particular Units as Limited Common Elements. Exhibit C: showing the second floor plans of WESTLAND LOFTS CONDOMINIUM and any designated Limited Common Elements and the square footage for such Unit. Exhibit D: showing the third floor plans of WESTLAND LOFTS CONDOMINIUM and the square footage for such Unit. Storm Water Maintenance Plan Attached hereto as Exhibit “E” is the Stormwater Maintenance Plan that is binding upon the Condominium. The Association shall follow and adhere to such plan. The Association shall maintain all detention ponds, if any. Construction Materials The principal materials of construction of the Buildings are concrete for the foundations, footings, and slabs, wood and wood products for the framing, structural and finish work, sheet rock, composite board, wood products, and plywood for the interior, carpet, wood, wood products, or tile for the floors, metal, fiber cement and wood-product siding for exterior wall surfaces, and PVC finish for the roof of the Buildings. Use 13 338 The use of the Units in WESTLAND LOFTS CONDOMINIUM shall be for residential and commercial purposes, as limited herein. Units 101 through 108 shall be used for commercial purposes only including (but not necessarily limited to) retail use and/or office use. Units 109 through 139 shall be used for residential purposes only. Unit Owners and prospective purchasers of Units are advised to carefully consult all applicable zoning and use regulations of the City of Bozeman. Except as limited herein, the use of the Common Elements shall be for the enjoyment of the Unit Owners, their guests, tenants, lessees, employees and business invitees. The Units and Common Elements shall be limited as follows: a.There shall be no obstruction of the Common Elements, nor shall anything be stored in or on the Common Elements without the prior written consent of the Association. Each Owner shall be obligated to maintain and keep in good order and repair the interior of his own Unit. b.Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance on the building or contents thereof, without the prior written consent of the Association. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law. No waste will be permitted on the Common Elements. c.Except for appropriate signs, as discussed under Miscellaneous below, Unit Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls of a building, and no awning, canopy, radio or television antenna shall be affixed to or placed upon the exterior walls or roof of any part thereof, without the prior written consent of the Association. d.No nuisances shall be allowed upon the Property nor shall any use or practice be allowed which is a source of annoyance to Unit Owners or which interferes with the peaceful possession and proper use of the Property by its Unit Owners, their guests, tenants, lessees, employees and invitees. No offensive or unlawful use shall be made of the Property nor any part thereof, and all valid laws, covenants and restrictions of record, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. Nuisances include, but are not limited to, excessive or offensive noises and odors. e.Nothing shall be done in any Unit or in, on or to the Common Elements which will impair the structural integrity of the Buildings or which would structurally change the Buildings, except as is otherwise provided herein. 14 339 f.No animals of any kind shall be commercially raised or bred in any Unit. Domesticated pets belonging to the tenants or Owners of the Units shall be permitted under the following conditions: (1) the Unit Owner shall be solely responsible for any damage or claim resulting from such animal's presence in the Unit and/or the Condominium and shall indemnify, defend and hold the Association and all other Unit Owners, tenants, occupants, licensees and invitees harmless from such damage or claim; (2) all pets must be well-behaved and shall not unreasonably disturb any other Unit Owner or their tenants, guests or invitees; (3) no more than two dogs may be present in any residential Unit at any time; and (4) Unit Owners and their tenants shall be responsible for the immediate clean-up of any pet waste and the repair of any damage caused by pets to any of the General Common Elements or Limited Common Elements. Any pet which bites another animal or a human upon the premises shall be immediately and permanently removed unless it can be shown by clear and convincing evidence, as determined by the Board, that the animal was unreasonably provoked into such action. Failure to timely remove the pet(s) can result in a fine not to exceed $50.00 per day for each day the pet remains on the Property or in the Unit, which fine shall become part of the assessments for that Unit. The Board shall be permitted to adopt further rules and regulations regulating the presence of animals in the Condominium provided such rules are consistent with this Declaration. Failure of a Unit Owner or tenant to adhere to pet regulations and requirements shall be grounds for the Association and other Unit Owners to maintain a nuisance action to remove the offending pet(s). The Association shall have the authority to ban certain breeds of pets or individual pets from the Condominium, provided that such actions are based upon objective criteria related to aggressive tendencies of the breed or individual pet. In the event that an Owner leases his or her office or retail Unit to a person who has a pet, the Owner of the Unit shall be responsible for the enforcement of the pet restrictions and rules, and any fines imposed shall be a charge against the Unit, for which the Association may obtain satisfaction in the same manner as if the Unit Owner failed to pay an assessment imposed against the Unit. The Association shall have the right to file a lien against the Unit and shall have the right to foreclose said lien in the same manner as provided herein. g.Nothing shall be altered or constructed in or removed from the Common Elements, and no easements, liens or encumbrances placed on the Common Elements, except upon the written consent of sixty percent (60%) of the aggregate ownership interest of the Unit Owners affected by such action. The foregoing restriction does not apply to the Declarant. h.No immoral, improper, or offensive use shall be made of the Property nor any part thereof, including, but not limited to, the sale, rental, or use of any type of pornographic or obscene products. No condominium unit shall be used for the growing or sale of marijuana (medical or otherwise) or for the sale of marijuana or tobacco smoking devices. 15 340 i.The condominium property shall not be used for the repair of automobiles, trucks, motorcycles, motorhomes, recreational vehicles, boats, or other vehicles. This prohibition includes the sale and on-site installation of parts, wheel and brake shops, body and fender shops, and similar repair and service activities. No junk or unlicensed vehicles shall be stored on the condominium property. A junk vehicle is one which cannot be driven away under its own power. j.Campers, trailers, boats and other recreational vehicles may only be brought onto the Property or onto any street bordering the Property for loading and unloading for immediate use. No inoperable vehicles, and no campers, boats, recreational vehicles, or trailers, shall be left parked in the condominium parking areas or on driveways or garage parking pads or on any street bordering the condominium Property for more than 24 hours at one time. Repeated parking of such vehicles or trailers is also prohibited. No one may reside in any recreational vehicles, trailers, or motor homes upon the Property. Violators of this paragraph are subject to towing and fines levied by the Board in the Board's discretion. Exclusive Ownership Each Owner or Owners shall be entitled to exclusive ownership and possession of their Unit (subject to the easements herein provided). Such Owners may use the General Common Elements and Limited Common Elements in accordance with the purposes for which they are intended and as may be limited or restricted by this Declaration and as they may otherwise agree between themselves, so long as they do not hinder or encroach upon the lawful rights of other Unit Owners. The right of a Unit Owner to sell, transfer, or otherwise convey his or her Unit in the Condominium shall not be restricted by a right of first refusal or similar restriction in the Declaration and Bylaws (or any amendment thereto). Until all Units have been sold to third-party purchasers, the Declarant may place such signs and marketing materials upon the Buildings and/or the General Common Elements as the Declarant deems advisable provided that such signs and other materials comply with laws of the City of Bozeman. V. THE ASSOCIATION Membership Any Owner of a Unit in WESTLAND LOFTS CONDOMINIUM shall automatically, upon becoming the Owner of said Unit, be a member of the WESTLAND LOFTS CONDOMINIUM OWNERS ASSOCIATION, INC., a Montana nonprofit corporation, herein referred to as the Association, and shall remain a member of said Association until such time as his or her membership in said Association shall automatically cease. The membership shall be limited to Unit Owners as defined in this Declaration. 16 341 Function It shall be the function of the Association to: a.Adopt Bylaws for the governance of the Association. b.Make provisions for the general management and/or repairs and maintenance of WESTLAND LOFTS CONDOMINIUM. c.Levy fines and assessments as provided for in the Declaration, Bylaws and Unit Ownership Act. d.Adopt and implement a policy for the affairs of the Association. e.Enter into contracts or hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas. f.Be responsible for the perpetual maintenance of the landscaping, common open space, parking lots, and driving lanes. Voting On all matters, unless excluded by this Declaration, to be decided by the Unit Owners, each Unit Owner shall have a vote equal to his or her percentage of interest in the General Common Elements. Multiple owners of a single condominium Unit shall collectively have such voting interest. In the event that Unit Owners of the same Unit cannot agree as to how to vote that Unit’s interest, said Unit’s vote shall be suspended for that particular matter. An owner of a condominium Unit, upon becoming an owner, shall be a member of the Association and remain a member for the period of his or her Unit ownership. Except as otherwise provided in the Unit Ownership Act, this Declaration or the Bylaws, a majority of the Unit ownership percentage present at any meeting or by proxy shall be sufficient to act on matters brought before the Unit Owners. Meetings of the Unit Owners shall only be conducted when a quorum is present, as defined in the Association Bylaws. Failure to Comply Each Owner shall comply strictly with the provisions of this Declaration, the Bylaws of the Association, and the rules, regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorney fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the Owner, or in the proper case, by an 17 342 aggrieved Owner. Each Unit Owner shall also comply with any applicable subdivision covenants, rules and regulations for the subdivision in which the Condominium is located. Fines The Association, acting through the Board or the Manager, shall have the authority to levy fines against Units for any violation of the covenants set forth herein or for any violation of the rules and regulations duly adopted by the Board. Violations caused by a tenant shall be assessed against the occupied Unit and shall be the responsibility of the Unit Owner. For each violation, the Unit Owner may be fined according to the following fine schedule: First Offense: $25.00 Second Offense:$50.00 Third Offense and More:$100.00 Each separate occurrence of a violation, or each day that any Unit remains in nonconformance, shall be considered a separate violation subject to fine. The Board may adopt a separate written policy wherein it determines that a particular violation shall occur less than daily. The fine schedule may be amended by the Board at any duly called meeting provided it is thereafter approved by at least sixty percent (60%) of the aggregate Unit ownership interest at any regular or special meeting of the Association. All fines shall be considered final and shall be considered an assessment and a lien against the Unit unless the Unit Owner makes a written appeal to the Board within ten (10) business days of receiving the fine and the Board subsequently overturns such fine. The Board shall have thirty (30) days to meet and render its decision regarding the fine, which decision shall be final. The Unit Owner contesting the fine may present evidence and call witnesses. All fines may be collected by the Association in the same manner as an assessment as set forth herein. All fines not paid within thirty (30) days shall accrue interest at the then maximum current legal rate of interest per annum on the amount of the fine from the due date thereof. The Board, in its sole discretion, may (but is not required to) issue a warning prior to levying a fine. However, the Board's decision on whether or not to issue a warning in any particular case shall not be binding upon any subsequent decision about whether or not to issue a warning prior to issuing a fine. Payment of Assessments All assessments shall be due ten (10) days from the date of mailing such assessment following the meeting at which time assessments are levied by the Association, and may be payable in one annual payment, or in quarterly or monthly installments, as determined by the Board. The amount of the Common Expenses assessed against each Unit, and the amount of Limited Expenses assessed against each Unit shall be the personal and individual debt of the Owner or Owners thereof. No Owner may exempt himself or herself from liability for this contribution toward the Common Expenses and the Limited Expenses by waiver of the use of enjoyment of any of the 18 343 General Common Elements or Limited Common Elements or by abandonment of his or her Unit. All assessments which are not paid within thirty (30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges. The Association or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at the then maximum current legal rate of interest per annum on the amount of the assessment from the due date thereof and any late payment charges assessed, together with all expenses, including attorney fees incurred, as are provided in the Bylaws of the Association. Suit to recover a money judgment for unpaid Common Expenses and Limited Expenses may be maintainable without foreclosing or waiving the lien securing the same. Levying Assessments - When Made - Purposes The Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: a.Assessments shall be made as a part of the regular, annual business meeting of the Association as provided in the Bylaws of the Association, or assessments can be made for special purposes at any other regular or special meeting thereof. The Board of Directors shall prepare an annual budget for income and expenses for the condominium. The Board of Directors shall approve the budget and the amount of assessments. In the event that the members of the Board cannot agree upon a budget, the annual budget shall be increased by 10% over the previous budget, until such time as a new budget can be agreed upon. In the event that the budget is increased automatically, rather than through agreement of the Board, the Association shall continue to make all payments required to maintain the services acquired in the previous year, to the extent that funding is available, until such time as the Board can agree upon a new budget and spending priorities. Notice of the proposed assessment, amount thereof, and the purpose for which it is made whether regular or special, including an annual budget for expenditures and operation, shall be served on each Unit Owner affected by delivering a copy of the same to the Unit Owner personally or by mailing a copy of the notice to the Unit Owner at his or her address of record at least ten (10) days prior to the date for such meeting. b.Assessments shall be made for the repair, replacement, general maintenance, management and administration of Common Elements, fees, costs and expenses of the manager, insurance, taxes for common areas if any, and as more particularly provided in the Unit Ownership Act (Section 70-23-101, et. seq., MCA), sidewalks, driveways, weed control, and any other matters that fall within the Common Elements of the condominium. In addition, the Association shall be responsible for all special improvement district (SIDs) applicable to the 19 344 condominium, including, but not limited to, lighting districts, street maintenance, tree maintenance or any other properly created SID, and assessments shall be levied for the same. Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in the General Common Elements. c.Assessments shall also be made for the payment of Limited Expenses for Limited Common Elements such that the Unit Owners are chargeable only for the expenses relating to their respective Units or Buildings. Unit Owners shall share in the payment for Limited Expenses for the repair, maintenance and replacement of Limited Common Elements of their respective Units in accordance with the percentage the Unit or Units have in the Limited Common Elements for which the assessment is being made. If only one Unit is associated with the Limited Common Elements involved, then the entire cost of such repair, maintenance or replacement shall be borne by that Unit. d.Assessments may also be made for any purpose contemplated by this Declaration and for any purpose set out in the Montana Unit Ownership Act. e.Common expenses and profits, if any, of the condominium shall be distributed among and charged to, the Unit Owners according to the percentage of undivided interest of each in the Common Elements. f.In a voluntary conveyance of a Unit, the Grantee of the Unit shall be jointly and severally liable with the Grantor for all unpaid assessments by the Association against the latter for his or her share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the Grantee's right to recover from the Grantor the amounts paid by the Grantee therefor. However, any such Grantee shall be entitled to a statement from the Manager or Board of Directors of the Association, as the case may be, setting forth the amount of said unpaid assessments against the Grantor due the Association and such Grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments made by the Association against the Grantor in excess of the amount therein set forth. g.Any lien of the Association for Common Expense charges and assessments becoming payable on or after the date of recordation of the first mortgage or deed of trust, shall be subordinate to the first mortgage or deed of trust on the Unit. Such a lien for Common Expense charges and assessments shall not be affected by any sale or transfer of a Unit, except that a sale or transfer of a Unit pursuant to a foreclosure of a first mortgage or deed of trust shall extinguish a subordinate lien for common expense charges and assessments which became payable prior to such sale or transfer. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a Unit from liability for, nor the Unit so sold or transferred from the lien of, any common expense charges thereafter becoming due. 20 345 h.Prior to the initial sales of Units within the Condominium, an initial assessment amount, including a capital contribution (reserves), may be established for each Unit. Said assessment amount shall be paid to the Association at the close of each Unit or upon the transfer of the deed for each Unit. The Association may establish a reserve account for repair and replacement of Common Elements as needed to keep such in good condition and repair. Any reserve account established under this section shall be funded by separate reserve assessments against the Units in such amount as the Board may approve as a part of the annual Association budget. Any reserve account shall be established in the name of the Association. The Association shall be responsible for administering the account. Assessments paid into the reserve account are the property of the Association and are not refundable to sellers or Unit Owners. VI. DECLARANT’S RIGHT TO CHANGE The Declarant reserves the right to change the interior design and arrangement of all Units, and alter the boundaries between Units, so long as the Declarant owns the Unit so altered. No such change shall increase the number of Units or alter the boundary of the General Common Elements without an amendment of this Declaration. Until ninety percent (90%) of the Units have been sold, Declarant reserves the right to establish easements, reservations, exceptions and exclusions consistent with the condominium ownership project. Notwithstanding any other provisions expressly or impliedly to the contrary contained in this Declaration, the Articles of Incorporation or Bylaws of the Association, Declarant reserves the right to exercise the rights, duties and functions of the Board of Directors of the Association until the earlier of the following: A.120 days after the date by which seventy-five percent (75%) of the Units have been conveyed to Unit purchasers; or B.seven (7) years have elapsed since the Declaration and Bylaws were recorded. During the period of development and sale of the remaining condominium Units, the monthly assessment for Common Expenses for Units owned by the Declarant shall be based upon the estimate of the actual cost thereof, excluding therefrom any estimated amount for contingencies, reserves or sinking funds, and Declarant shall pay its pro rata share thereof only for those condominium Units which have been completed. During the period when fewer than all of the Units have been erected, the Common Expenses shall be allocated among the Owners of such existing Units. VII. 21 346 AMENDMENT Amendment of this Declaration shall be made in the following manner: This Declaration may be amended at any regular or special meeting of the Association of Unit Owners provided such amendment receives the favorable vote of at least seventy-five percent (75%) of the aggregate Unit ownership interest. If so approved, it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder's Office of Gallatin County, Montana. An amendment may be adopted at any time without a meeting if it is approved in writing by the notarized signatures of one hundred percent (100%) of the Unit Owners. Notwithstanding the procedure set forth above, the Declarant may amend this Declaration, or any other project document, prior to any sale or lease of a Unit or interest thereof. Notwithstanding the procedures set forth above, Declarant reserves the right at any time, on behalf of itself and on behalf of the Association, to amend this Declaration and the Bylaws without approval of any Unit Owner for the purpose of correcting survey or other errors and for any other purpose unless the amendment would materially alter or change the rights of a Unit Owner or mortgagee, in which event consent shall be required as provided in this article. Any right granted or reserved to Declarant may not be changed by an amendment unless consented to, in writing, by the Declarant. Declarant reserves the right to assign any and all of its rights reserved or granted herein. In addition to the amendment requirements set forth above, the approval of eligible holders of first mortgages on Units to which at least fifty-one percent (51%) of the votes of Units subject to a mortgage appertain, shall be required to materially amend any provisions of the Declaration and Bylaws or to add any material provisions thereto, which establish, provide for, govern or regulate any of the following: (A) Voting; (B) Assessments, assessment liens or subordination of such liens; (C) Reserves for maintenance, repair and replacement of the Common Elements; (D) Insurance or fidelity bonds; (E) Rights to use of the Common Elements; (F) Responsibility for maintenance and repair of the several portions of the Condominium; (G) Expansion or contraction of the Condominium regime or the addition, annexation or withdrawal of property to or from the regime; (H) Boundaries of any Unit; (I) The interests in the General Common Elements or Limited Common Elements; (J) Convertibility of Units into Common Elements or of Common Elements into units; (K) Leasing of Units; 22 347 (L) Imposition of any right of first refusal or similar restriction on the right of a Unit Owner to sell, transfer, or otherwise convey his or her Unit in the Condominium; (M) Establishment of self-management by the Condominium association where professional management has been required by any of the following: Department of Housing and Urban Development, the federal Veterans Administration, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation. The approval of eligible holders of first mortgages on units to which at least fifty-one percent (51%) of the votes of Units subject to a mortgage appertain, shall be required to amend any provisions included in the Declaration and Bylaws of the Condominium which are for the express benefit of holders or insurers of first mortgages on Units in the Condominium. Any proposed amendment to the Declaration and Bylaws shall be deemed approved by a mortgagee, mortgage insurer, or government agency or corporation if said entity fails to object or consent to a written proposal for an amendment within sixty (60) days after receipt of notice of the written proposal by such entity, provided such notice was delivered by certified or registered mail, with a "return receipt" requested. VIII. CHANGES, REPAIRS AND LIENS Alterations by Unit Owners Association The interior plan of a Unit may be changed by the Owner. The boundaries between Units may be changed only by the Owners of the Units affected. Except as specifically allowed in this Declaration, no Units may be subdivided. Subject to the expansion provisions above, no change in the boundaries of Units shall encroach upon the boundaries of the Common Elements. Boundary walls must be equal in quality of design and construction to the existing boundary walls. A change in the boundaries between Units shall be set forth in an amendment to this Declaration. No load bearing walls shall be altered or removed without the written permission of the Association. In addition to compliance with the provisions of Paragraph VII above, such amendment must further set forth and contain plans for the Units concerned showing the Units after the change in boundaries, which plans shall be drawn by an architect, surveyor or engineer licensed to practice in Montana, and attached to the amendment as exhibits, together with the certificate of architect, surveyor or engineer required by the Unit Ownership Act. Such an amendment shall be signed and acknowledged by the Owners of the Units concerned, as well as those Owners with an interest in any Common Element affected. The amendment shall also be approved by the Board of Directors of the Association, and signed and acknowledged by all lienors and mortgagees of the Units concerned. 23 348 Maintenance by Unit Owners Each Owner shall maintain and keep in repair the interior of his or her own Unit, including the fixtures thereof. All fixtures and equipment installed in the Unit, commencing at a point where the utilities enter the Unit, shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor any work that will impair the structural soundness or integrity of the Buildings or impair any easement. Each Owner shall also keep any balcony, patio, entrance or deck area appurtenant to his or her Unit in a clean and sanitary condition. The right of the each Owner to repair, alter, and remodel is coupled with the obligation to replace any finishing or other materials removed with similar type or kinds of materials. All glass replacement shall be with similar quality, shade and design. No act or alteration, repairing or remodeling by any Unit Owner shall impair in any way the integrity of the adjoining Units or the integrity of Limited Common Elements or General Common Elements. Exterior Alterations No Owner may change, alter or remodel the exterior of his or her Unit without the prior written approval of the Association. Liens for Alterations Labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his or her agent, his or her contractor or subcontractor shall be the basis for the filing of a lien against the Unit of the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit or any other Owner or against the general or Limited Common Elements for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at such Owner's request. Liens and Foreclosure All sums assessed but unpaid for the share of Common Expenses and Limited Expenses chargeable to any Unit shall constitute a lien on such Unit superior to all other liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on a first mortgage, a first deed of trust, or contract for deed, of record. To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest and late charges thereon, the name of the Unit Owner, and a description of the Unit. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or his or her authorized agent, and shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording such notice. Such lien may be enforced by the foreclosure of 24 349 the defaulting Owner's Unit by the Association as provided in the Unit Ownership Act in like manner as foreclosure of a mortgage on real property. In any foreclosure, the Unit Owner shall be required to pay a reasonable rental for the Unit, if so provided in the Bylaws, and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. Suit to recover a money judgment for unpaid Common Expenses and Limited Expenses shall be maintainable without foreclosure or waiving the lien securing the same. In any such proceeding the Owner shall be required to pay the costs, expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney's fees incurred. Bidding at Foreclosure The Association shall have the power to bid on the Unit at a foreclosure or other legal sale, and to acquire and hold, lease, mortgage and vote the votes appurtenant to, convey or otherwise deal with the same. Any lienholder holding a lien on the Unit may pay, but shall not be required to pay, any unpaid General Common Expenses or Limited Expenses payable with respect to any such Unit, and upon such payment such lienholder shall have a lien on said Unit for the amounts paid of the same priority as the lien of his or her encumbrance without the necessity of having to file a notice or claim of such lien. IX. INSURANCE Purchase All insurance policies upon WESTLAND LOFTS CONDOMINIUM property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. a.Named Insured: The named insured shall be the Association individually and as agent for the Unit Owners without naming them. Such policies shall provide that payments for losses thereunder by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit Owners may obtain insurance coverage, at their own expense, upon their own personal property and for their personal liability and living expense. b.Copies to Mortgagees: One copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgagee of a Unit Owner on request. Coverage 25 350 a.Casualty: All Buildings and improvements upon the land shall be insured in an amount equal to the full insurable replacement value, and all personal property included in the Common Elements shall be fully insured, with all such insurance to be based on current replacement value, as determined annually by the Board of Directors, but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs. The Association shall obtain, maintain, and pay the premiums upon, as a Common Expense, a "master" or "blanket" type policy of property insurance covering all of the Common Elements and Limited Common Elements, (except land, foundation, excavation and other items normally excluded from coverage) including fixtures, to the extent they are part of the Common Elements of the Condominium, building service equipment and supplies, and other common personal property belonging to the Association. All references herein to a "master" or "blanket" type policy of property insurance, are intended to denote single entity condominium insurance coverage. In addition, any fixtures, equipment or other property within the units which are to be financed by a mortgage to be purchased by FNMA or FHLMC (regardless of whether or not such property is a part of the common elements) must be covered in such "blanket" or "master" policy. Such insurance policy must be consistent with state and local insurance laws and at least equal to such coverage as is commonly required by prudent institutional mortgage investors in Gallatin County, Montana. The policy shall be in an amount equal to 100% of current replacement cost of the Condominium exclusive of land, foundation, excavation and other items normally excluded from coverage. Certificates of insurance shall be issued to each Unit Owner and mortgagee upon request. Such policies shall contain the standard mortgage clause, or equivalent endorsement (without contribution), which is commonly accepted by private institutional mortgage investors in the area in which the property is located and which appropriately names FNMA and FHLMC if such corporations are holders of first mortgages on Units within the Condominium. Such policies must also provide that they may not be cancelled or substantially modified, without at least 10 days' prior written notice to the Association and to each holder of a first mortgage listed as a scheduled holder of a first mortgage in the policies. Policies are unacceptable where: (i) under the terms of the insurance carrier's charter, by-laws, or policy, contributions or assessments may be made against borrowers, FNMA, FHLMC, or the designee of FNMA or FHLMC; or (ii) by the terms of the carrier's charter, by-laws or policy, loss payments are contingent upon action by the carrier's board of directors, policyholders, or members, or (iii) the policy includes any limiting clauses (other than insurance conditions) which could prevent FNMA, FHLMC, or the borrowers from collecting insurance proceeds. The policies must also provide for the following: recognition of any, Insurance Trust Agreement; a waiver of the right of subrogation against Unit Owners individually; that the insurance is not prejudiced by any act or neglect of individual Unit Owners which is not in the control of such Owners collectively; and that the policy is primary in the event the Unit Owner has other insurance covering the same loss. The requirements stated in this paragraph are generally provided by the insurer in the form of a "Special 26 351 Condominium Endorsement" or its equivalent. The insurance policy shall afford, as a minimum, protection against the following: (1) loss or damage by fire and other perils normally covered by the standard extended coverage endorsement; (2) in the event the condominium contains a steam boiler, loss or damage resulting from steam boiler equipment accidents in an amount not less than $50,000 per accident per location (or such greater amount as deemed prudent based on the nature of the Property); (3) all other perils which are customarily covered with respect to condominiums similar in construction, location and use, including all perils normally covered by the standard "all-risk" endorsement, where such is available. If available and commonly required by prudent institutional mortgage investors in Gallatin County, Montana, such policies shall also include an "Agreed Amount Endorsement" and an "Inflation Guard Endorsement". Insurance coverage shall afford protection against: (1)Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and (2)Such other risks as from time to time shall be customarily covered with respect to Buildings similar in construction, location and use as the Building on the land, including, but not limited to, vandalism and malicious mischief. (3)Errors or Omissions Insurance for the Directors, Officers and Managers, if the Association so desires, in amounts to be determined by the Board. The policies shall state whether air handling or service equipment, interior fixtures and carpets are included within the coverage in order that Unit Owners may insure themselves if the items are not insured by the Association. b.Public Liability: The Association shall maintain comprehensive general liability insurance coverage covering all of the Common Elements, commercial space owned and leased by the Association, and public ways of the condominium project. Coverage limits shall be in amounts generally required by private institutional mortgage investors for projects similar in construction, location, and use. However, such coverage shall be for at least $1,000,000 for bodily injury, including deaths of persons and property damage arising out of a single occurrence. Coverage under this policy shall include, without limitation, legal liability of the insureds for property damage, bodily injuries and deaths of persons in connection 27 352 with the operation, maintenance or use of the Common Elements, and legal liability arising out of lawsuits related to employment contracts of the Association. Such policies must provide that they may not be cancelled or substantially modified, by any party, without at least 10 days' prior written notice to the Association and to each holder of a first mortgage on any Unit in the Condominium which in listed as a scheduled holder of a first mortgage in the insurance policy. c.Other Insurance: Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable and as may be required by Federal and State laws. d.For all insurance policies, the Association shall only use generally acceptable insurance carriers Fidelity Bonds. In the event that the Condominium is expanded to include twenty (20) or more Units and in the event the regulations of any holder, insurer or guarantor of a first mortgage so require, blanket fidelity bonds shall be maintained by the Association for all officers, directors, and employees of the Association and all other persons handling, or responsible for, funds of or administered by the Association. If the Manager has the responsibility for handling or administering funds of the Association, the Manager shall be required to maintain fidelity bond coverage for its officers, employees and agents handling or responsible for funds of, or administered on behalf of, the Association. Such fidelity bonds shall name the Association as an obligee and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association or the Manager, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to 3 months aggregate assessments on all Units plus reserve funds. The bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees", or similar terms or expressions. The premiums on all bonds required herein, except those maintained by the Manager, shall be paid by the Association as a Common Expense. The bonds shall provide that they may not be cancelled or substantially modified (including cancellation for non-payment of premium) without at least 10 days' prior written notice to the Association or Insurance Trustee. Such bonds shall provide that the FNMA Servicer, on behalf of FNMA, also, receive such notice of cancellation or modification. Premiums Premiums for insurance policies purchased by the Association shall be paid by the Association as a Common Expense, except that the amount of increase in the premium occasioned by use, misuse, occupancy or abandonment of a Unit or its appurtenances or of the Common Elements by a Unit Owner shall be assessed against the Owner. Not less 28 353 than ten (10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees. Insurance Trustee All insurance policies purchased by the Association shall be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to such bank in Montana with trust powers as may be designated as insurance trustee by the Board of Directors of the Association, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums, nor for the renewal or the sufficiency of policies, nor for the failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit Owners, and their mortgagees in the following shares, but which shares need not be set forth on the records of the insurance trustee: a.Unit Owners - An undivided share for each Unit Owner, such share being the same as the undivided share in the Common Elements appurtenant to his or her Unit. b.Mortgagees - In the event a mortgagee endorsement has been issued as to a Unit, the share of the Unit Owner shall be held in trust for the mortgagee and the Unit Owner as their interests my appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made to the Unit Owner and mortgagee pursuant to the provision of this Declaration. Distribution of Proceeds Proceeds of insurance policies received by the insurance trustee shall be distributed to or for the benefit of the beneficial Owners in the following manner: a.Miscellaneous: Expenses of administration, the insurance trustee, and construction or remodeling supervision shall be considered as part of the cost of construction, replacement or repair. b.Reconstruction or Repair - If the damage for which the proceeds are paid is to be repaired or reconstructed by the Association, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial Owners, remittances to Unit Owners and their mortgagees being payable jointly to them. 29 354 c.Failure to Reconstruct or Repair - If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances to Unit Owners and their mortgagees being payable jointly to them. d.Certificate - In making distribution to Unit Owners and their mortgagees, the insurance trustee may rely upon a certificate from the Association made by its representative or Manager as to the names of the Unit Owners and their respective shares of the distribution. Association as Agent The Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or other lien upon a Unit and for each Owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. Benefit to Mortgagees Certain provisions in this paragraph entitled "Insurance" are for the benefit of mortgagees or trust indenture beneficiaries of condominium parcels, and all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee or beneficiary. Reconstruction A. Repair After Casualty If any part of the condominium property shall be damaged by casualty, whether or not it shall be reconstructed or repaired shall be determined in the following manner: 1.Lesser Damage - If a Unit or Units are found by the Board of Directors of the Association to be tenantable after the casualty, the damaged property shall be repaired. 2.Greater Damage - If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property shall be reconstructed or rebuilt. 3.Certificate - The insurance trustee may rely upon a certificate of the Association made by its president and secretary to determine whether or not the damaged property is to be reconstructed or repaired. B. Plans and Specifications 30 355 Any reconstruction or repair must be substantially in accordance with the plans for specifications and the original improvements, or if not, then according to plans and specifications approved by: (1) the Board of Directors; (2) more than seventy-five percent (75%) of the aggregate unit ownership interest, including the Owners of all Units the plans for which are to be altered; and (3) the eligible holders of first mortgages on Units to which at least fifty-one percent (51%) of the votes of Units subject to mortgages held by such eligible holders are allocated. No reallocation of interests in the General Common Elements resulting from a partial condemnation or partial destruction of the condominium project may be effected without the approval of the eligible holders of first mortgages on units to which at least fifty-one percent (51%) of the votes of units subject to mortgages held by such eligible holders are allocated. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing, more particularly set forth in Article VII and Article VIII, paragraph 1, hereinabove. C. Responsibility The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair of the condominium property, and the Association shall work with the insurance trustee to carry out the provisions of this Article. D. Assessments If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is responsible, or if at any time during such reconstruction or repair, or upon completion of such reconstruction or repair, the funds for the payment of the costs thereof are insufficient, assessments shall be made against all Unit Owners in sufficient amounts to provide funds to the payment of such costs. Such assessments shall be in proportion to the Owner's percentage of interest in the General Common Elements. E. Construction Funds The funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against Unit Owners, shall be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair, which contract must have the approval of the Board and the Unit Owners involved. F. Surplus It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the 31 356 fund is established, such balance shall be paid to the Association for the use and benefit of the Unit Owners. Commercial Unit Owners’ Commercial General Liability Insurance Each Unit that is being used for a commercial purpose shall, at its own cost and expense, maintain a comprehensive general liability insurance policy on the occurrence basis in the amount of not less than $1,000,000.00 in respect to bodily injury or death to any one person, and not less than $2,000,000.00 in respect to bodily injury or death to any number of persons in any occurrence or accident, with the Association named as an additional insured and shall cover all risks incident to the use of the Unit and business in connection therewith. The Association may increase the required policy limits under this section by majority vote of the unit ownership interest. Said insurance shall cover general liability for injuries to invitees and employees (portions not covered by worker's compensation insurance) and damage to property. Insurance shall be purchased from a company licensed to do business in the state of Montana (with an "A" rated or better classification). The Unit Owner shall deliver to the Association certificates of insurance evidencing compliance with this insurance requirement upon written request from the Board or Manager. X. REMOVAL OR PARTITION - SUBDIVISION Consent to Removal All of the Unit Owners may remove the Property from condominium ownership by executing and recording an instrument to that effect if the holders of all liens affecting any of the Units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided interest of the Unit Owner in the Property after removal from condominium ownership. Obsolescence, Damage and Destruction If ninety percent (90%) of the aggregate ownership interest of the Unit Owners agree that the Property is obsolete in whole or in part and that the Property should be renewed and restored, the expense thereof shall be paid by all the Unit Owners as Common Expenses. If ninety percent (90%) of the aggregate ownership interest of the Unit Owners agree that the Property is obsolete in whole or in part and that the Property should be sold, the Property shall be considered removed from condominium ownership. If within sixty (60) days after the date of the damage to or destruction of all or part of the Property the Association does not decide to repair, reconstruct, or rebuild, the Property shall be considered removed from condominium ownership. Consent of Mortgagees 32 357 Any election to terminate the Condominium regime after substantial destruction or a substantial taking in condemnation of the Condominium property shall require the holders of all liens affecting any of the Units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided interest of the Unit Ownerin the property after termination of the Condominium regime. Condemnation Representation For all condemnation issues concerning the Condominium, the Association shall represent the Unit Owners in the condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Elements, or part thereof, by the condemning authority. Each Unit Owner hereby appoints the Association as attorney-in-fact for such purpose. Effect of Removal - Ownership in Common - Liens - Sale If the Property is removed from condominium ownership as provided in this Article, the Property shall be considered owned in common by all the Unit Owners. The percentage of undivided interest of each Unit Owner in the Property owned in common shall be the same as the percentage of undivided interest previously owned by such Owner in the Common Elements. Liens affecting any Unit shall be liens, in accordance with the then existing priorities, against the undivided interest of the Unit Owner in the Property owned in common. If the Property is removed from condominium ownership as provided in this Article, it shall be subject to an action for partition at the suit of any Unit Owner. The net proceeds of sale, together with the net proceeds of the insurance on the Property, if any, shall be considered as one fund and shall be divided among the Unit Owners in proportion to their respective undivided interests after first paying out of the respective shares of the Unit Owners, to the extent sufficient for the purpose, all liens on the undivided interest in the Property owned by each Unit Owner. XI. NOTICE TO MORTGAGEES A holder, insurer or guarantor of a first mortgage, upon written request to the Association, (such request to state the name and address of such holder, insurer or guarantor and the unit number), will be entitled to timely written notice of: (A) Any proposed amendment of the Condominium instruments effecting a change in: (i) the boundaries of any Unit or the exclusive easement rights appertaining thereto, (ii) the interests in the General Common Elements or Limited Common Elements appertaining to any Unit or the liability for Common Expenses appertaining thereto, 33 358 (iii) the number of votes in the Association appertaining to any Unit, or (iv) the purposes to which any Unit or the Common Elements are restricted; (B) Any proposed termination of the Condominium regime; (C) Any condemnation loss or any casualty loss which affects a material portion of the Condominium or which affects any Unit on which there is a first mortgage held, insured or guaranteed by such eligible holder; (D) Any delinquency in the payment of assessments or charges owed by an Owner of a Unit subject to the mortgage of such eligible holder, insurer or guarantor, where such delinquency has continued for a period of sixty (60) days; and (E) Any lapse, cancellation or material modification of any insurance policy maintained by the Association. XII. REMEDIES All remedies provided in this Declaration and Bylaws shall not be exclusive of any other remedies which may be available to the parties hereto as provided for by law. The Association and any aggrieved Unit Owner has a right of action against Unit Owners for failure to comply with the provisions of the Declaration and/or Bylaws or with decisions of the Association which are made pursuant to authority granted the Association by the Declaration and Bylaws. Unit Owners also have a right of action against the Association for failing to comply with the provisions of the Declaration and/or Bylaws. XIII. SEVERABILITY The provisions hereof shall be deemed independent and severable and the invalidity, partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision hereof. XIV. INTERPRETATION The provisions of the Declaration and of the By-Laws to be promulgated and recorded herewith, shall be liberally construed to effectuate the purpose of the Declaration 34 359 and By-Laws and to create a Building or Buildings subject to and under the provisions of the Unit Ownership Act. XV. MISCELLANEOUS Utility Easements In addition to the easements provided for herein, easements are reserved through the condominium property as may be required for utility services, including heat, air conditioning, water, sewer, power, telephone, natural gas and cable television, in order to serve WESTLAND LOFTS CONDOMINIUM adequately. However, such easements through the property or Units shall be only according to the plans and specifications for the Unit Building, as set forth in the recorded plat, or as the Building is constructed, unless approved in writing by the Unit Owner. Right of Access The Association shall have the irrevocable right, to be exercised by the Manager or Board of Directors, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the Limited Common Elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the General Common Elements or Limited Common Elements or to any other Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair, emergency repair or replacement of any of the general or Limited Common Elements, or as a result of an emergency repair within another Unit at the instance of the Association, shall be designated either limited or general Common Expenses by the Association and assessed in accordance with such designation. Expenditures No single expenditure or debt in excess of $25,000.00 may be made or incurred by the Association without the prior approval of the majority of the Unit ownership percentage. Benefit Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of the Declarant, the Association and each Unit Owner, and the heirs, personal representatives, successors and assigns of each. Signs The size, location and placement of all signs must be approved by the Board before installation. All signs must be in conformity with any zoning and sign ordinances then in effect. Service of Process 35 360 The name and address of the person to receive service of process for WESTLAND LOFTS CONDOMINIUM until another designation is filed of record shall be: Stephen P. McGough 2813 W. Babcock, Unit C Bozeman, Montana 59718 Warranties The Declarant expressly makes no warranties or representations concerning the property, the Units, the Declaration, Bylaws, or deeds of conveyance except as specifically set forth therein, and no one may rely upon such warranty or representation not so specifically expressed therein. Estimates of Common Expenses are deemed accurate, but no warranty or guarantee is made or is intended, nor may one be relied upon. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, Title 70, Section 23, MCA. DECLARANT: DALLAS FINANCIAL, LLC, ________________________________ Stephen P. McGough, Member STATE OF MONTANA ) : ss. County of Gallatin ) On this ____ day of ________________, 2018, before me, a Notary Public in and for said State, personally appeared STEPHEN P. McGOUGH, Member of DALLAS FINANCIAL, LLC, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that the company executed the same. ___________________________________________ Printed Name: _______________________________ Notary Public for the State of Montana Residing at __________________________, Montana My commission expires: ________________________ 36 361 SIDING: CEDAR -BOARD & BAT -VARETHANE (WEATHERED GRAY)SIDING: HARDY -LAP -PAINT NATURAL PER ARCHITECTWINDOWS: ANDERSEN 100 SERIES/ STOREFRONTROOFING: 60 MIL MEMBRANEGUTTERS: COLOR -DARK GRAYFLASHING: STEEL -COLOR -DARK GRAYEXTERIOR LIGHTING: WALL SCONCEEXTERIOR LIGHTING: WALL SCONCEDOWNSPOUT -DARK GRAYSTEEL AWNING -COLOR -BLACKGARAGE DOOR -FROSTED GLASSGUARDRAIL -COLOR -BLACKOUTDOOR DECK COVER -COLOR -DARK GRAYDECORATIVE FAUX LOUVER, CHARED CEDARWALL MOUNTED TRELLIS WITH SEPARATE PLANTERELEVATION KEY1234567891011121413151VARATHANE -WEATHERED GREY2WOODTONE -SUMMER WHEAT13BRIDGER STEEL -DARK GREY965ANDERSON WINDOWS -BLACK EXTERIOR3MEMBRANE ROOFING -WHITE41210STEEL -BLACK 14CEDAR -CHARED MATERIAL KEY627 E. PEACHBOZEMAN, MT 59715406-209-8330SHEETREFRENCEISSUE DATE:MATERIAL PALETTEWESTLAND LOFTS MIXED USEP1362 363 364 ELEVATIONENDNOTE:LADDERS ARE OPTIONAL AND ARE NOTREQUIRED FOR ALL SYSTEMS.8"11" TYP.2"1" GAP (TYP. ALLSIDES)SECTION VIEWØ CMP RISERØAINTERRUPTED BARREPLACEMENT, SEENOTE 6.ØBOPENING INPROTECTIONSLAB FORCASTING#4 DIAGONAL TRIMBAR (TYP. 4 PLACES),SEE NOTE 7.STANDARDREINFORCING,SEE TABLEGASKET MATERIALSUFFICIENT TO PREVENTSLAB FROM BEARING ONRISER TO BE PROVIDED BYCONTRACTOR.2" COVER(TYP.)ACCESS CASTING TO BEPROVIDED AND INSTALLEDBY CONTRACTOR.REINFORCING TABLEØ CMPRISERA Ø B REINFORCING**BEARINGPRESSURE(PSF)24"Ø 4'4'X4'26"#5 @ 12" OCEW#5 @ 12" OCEW2,4101,78030"Ø 4'-6"4'-6" X 4'-6"32"#5 @ 12" OCEW#5 @ 12" OCEW2,1201,53036"Ø 5'5' X 5'38"#5 @ 10" OCEW#5 @ 10" OCEW1,8901,35042"Ø 5'-6"5'-6" X 5'-6"44"#5 @ 10" OCEW#5 @ 9" OCEW1,7201,21048"Ø 6'6' X 6'50"#5 @ 9" OCEW#5 @ 8" OCEW1,6001,100** ASSUMED SOIL BEARING CAPACITY1'-0"A2" C O V E R (T Y P . )ØB365 SNOWSTORAGEHIGH EFFICIENCY DRIPIRRIGATION TO ALL PLANTBEDSMETAL EDGINGBOULDER (5)HIGH EFFICIENCY DRIPIRRIGATION TO ALL PLANTBEDSHIGH EFFICIENCY DRIP IRRIGATIONTO ALL PLANT BEDSHIGH EFFICIENCY DRIPTO ALL PLANT BEDSTREES PLANTED INTREE GRATES SEE CIVILPLAN FOR DETAILIRRIGATEDTURFSNOW STORAGEIRRIGATEDTURFHARD SCREENING OFALL UTILITIES (TYP)FENCE TO SCREENTRASH ENCLOSUREVISION TRIANGLEVISION TRIANGLEVI S I O N T R I A N G L E VI S I O N T R I A N G L E GALLATIN GREEN BOULEVARD PATIOPATIOPATIOPATIOPATIOGRAVEL TRAILASPHALT TRAILEXISTING SIDEWALK EXISTING SIDEWALK EXISTING SIDEWALK HIGH EFFICIENCY DRIPIRRIGATION TO TREESIN GRATESHIGH EFFICIENCY DRIPIRRIGATION TO ALLPLANTERS AND VINESKIMBERWICKE STREETMETAL EDGINGMETAL EDGINGIRRIGATEDTURFSNOWSTORAGENProject For: WESTLAND LOFTS 2472 Gallatin Green Boulevard Bozeman, MTLandscapePlanL101SCALE: 1"=16'-0"11/06/18For ReviewDate Issue3084 Thorpe RoadBelgrade, Montana 59714Ph 406.924.8038chad@redbarnmontana.com11/12/18City Submittal11/19/18City Submittal2/19/19City Submittal4/09/19City Submittal366 CONIFERSQTYBOTANICAL NAME / COMMON NAMECONTCALSIZEMATURE SIZEDROUGHT TOLERANT5Juniperus scopulorum `Welchi` / Welch Juniper10 gal10-12`YesDECIDUOUS TREESQTYBOTANICAL NAME / COMMON NAMECONTCALSIZEMATURE SIZEDROUGHT TOLERANT2Acer rubrum `Northwood` / Northwood MapleB & B1.5"-2.0"40`-50`No2Gleditsia triacanthos `Skyline` / Skyline Honey LocustB & B1.5"-2.0"40`-50`Yes4Malus x `Radiant` / Radiant Crab AppleB & B1"Cal20-30`No5Populus tremuloides / Quaking AspenB & B1.5"Cal35`-45`No17Populus tremuloides erecta / Swedish AspenB & B1.5"Cal30`-40`No8Tilia americana `Boulevard` / Boulevard LindenB & B1.5"-2.0"40`-50`No4Ulmus davidiana japonica `Discovery` / Discovery ElmB & B1.5"-2.0"40`-50`NoSHRUBSQTYBOTANICAL NAME / COMMON NAMESIZEMATURE SIZEDROUGHT TOLERANT2Cornus sericea `Isanti` / Isanti Redosier Dogwood5 gal5`-6`No29Cotoneaster acutifolius lucidus / Hedge Cotoneaster5 gal6-8`Yes21Juniperus horizontalis `Blue Chip` / Blue Chip Juniper5 gal6-12"Yes11Juniperus sabina `Buffalo` / Buffalo Juniper5 gal6-12"Yes4Pinus mugo `Pumilio` / Mugo Pine5 gal5`-6`Yes3Rhus aromatica `Gro-Low` / Gro-Low Fragrant Sumac5 gal2`-3`Yes6Ribes alpinum / Alpine Currant3 gal4`-5`Yes39Spiraea japonica `Goldflame` / Spirea5 gal2`-3`Yes37Spiraea x bumalda `Little Princess` / Little Princess Spirea5 gal3`-4`Yes23Syringa meyeri `Palibin` / Dwarf Korean Lilac5 gal5`-6`YesANNUALS/PERENNIALSQTYBOTANICAL NAME / COMMON NAMESIZEMATURE SIZEDROUGHT TOLERANT33Hemerocallis x `Stella de Oro` / Stella de Oro Daylily1 gal16Salvia x superba `May Night` / Meadow Sage1 galGRASSESQTYBOTANICAL NAME / COMMON NAMESIZEMATURE SIZEDROUGHT TOLERANT22Calamagrostis x acutiflora `Karl Foerster` / Feather Reed Grass1 gal20Helictotrichon sempervirens `Blue Oats` / Blue Oat Grass1 galVINESQTYBOTANICAL NAME / COMMON NAMESIZEMATURE SIZEDROUGHT TOLERANT26Clematis x `Jackmani` / Clematis1 gal6-8`PLANT SCHEDULEBOZEMAN U.D.O. REQUIREMENTS880 SQFT PARKING LOT LANDSCAPE REQUIRED 981 SQFT SHOWN5 REQUIRED PARKING LOT TREES REQUIRED AND SHOWN23 POINTS REQUIREDPOINT TABULATION~3 POINTS FOR MOSS ROCK BOULDERS INSTALLED LARGER THAN 3' DIAMETER~5 POINTS FOR SOUTH YARD LANDSCAPE 3 GROUPS SHOWN~5 POINTS FOR NORTH YARD LANDSCAPE 5 GROUPS SHOWN~5 POINTS FOR EAST YARD LANDSCAPE 7 GROUPS SHOWN~3 POINTS FOR 50% OR GREATER DROUGHT TOLERANT PLANT MATERIAL USED~2 POINTS FOR 70% OR GREATER FOUNDATION COVERAGE WITH LANDSCAPEMATERIAL~23 TOTAL POINTS PROVIDED~ADDITIONAL LANDSCAPE SHOWN TO ENHANCE THE VISUAL APPEAL OF THEPROJECTOWNERDALLAS FINANCIAL llcPO BOX 12009, BOZEMAN, MT 59719406.579.4937MCGOUGHCONSTRUCTION@YAHOO.COMLEGALBAXTER MEADOWS SUB PH 6, S34, T01 S, R05E, BLOCK 14, LOT 5 ACRES1.448, PLAT J-466 PLUS OPEN SPACE, CITY OF BOZEMAN, GALLATIN COUNTY,STATE OF MONTANAGENERAL NOTES~ ALL LANDSCAPED AREAS SHALL HAVE PERMANENT UNDERGROUNDIRRIGATION INSTALLED TO ENSURE A HEALTHY LANDSCAPE.~ALL EDGING SHALL BE METAL(MATCH EXISTING )~ALL SHRUB BEDS SHALL BE LINED WITH PROFESSIONAL GRADE TYPAR WEEDFABRIC, AND COVERED WITH 3-4" OF 1 12" WASHED ROCK MATERIAL~ALL TREES SHALL BE STAKED WITH WOOD STAKES (MIN OF 2 PER TREE) ANYTREE OR SHRUB PLANTED THAT IS NOT IN A SHRUB BED SHALL HAVE A 3' DIA.4" DEPTH ORGANIC MULCH RING AT THE BASE.~NO TREE SHALL BE PLANTED WITHIN 10' OF ANY FIRE HYDRANT, SEWER ORWATER LINE.~ALL STREET TREES SHALL BE APPROVED BY CITY FORESTER AND PLANTEDSLIGHTLY HIGHER THAN GRADE AND WITH THE TREE COLLAR EXPOSED. THEHOLE EXCAVATED SHALL BE TWICE THE SIZE OF THE POT OR ROOTBALL OF THETREE.~ALL PLANTS SHALL BE GUARANTEED FOR ONE YEAR AFTER PROJECTCOMPLETION.~ALL LAWN AREAS SHALL BE LOCALLY GROWN SOD~ALL OTHER DISTURBED AREAS ON SITE SHALL BE RE-GRADED ROCK HOUNDEDAND SEEDED TO MATCH DISTURBED AREA EXISTING LANDSCAPE~NO PLANT SUBSTITUTIONS WITHOUT WRITTEN APPROVAL FROM THE OWNERAND LANDSCAPE DESIGNER~PLAN SHALL DICTATE COUNT. IF A DISCREPANCY BETWEEN PLANT TABLE ANDPLAN, PLAN DICTATES QTY.~ALL GROUND MOUNTED MECHANICAL NOT SHOWN ON PLAN SHALL BE HARDSCREENED WITH FENCE OR SIDING MATERIALIRRIGATION GENERAL NOTES~THIS IRRIGATION PLAN IS CONCEPTUAL IN NATURE AND FINAL DESIGN SHALL BEVERIFIED BY IRRIGATION CONTRACTOR TO UNSURE PROPER INSTALLATION~IRRIGATION SYSTEM SHALL BE INSTALLED BY A PROFESSIONAL IRRIGATIONCONTRACTOR~A BACKFLOW PREVENTER SHALL BE PROFESSIONALLY INSTALLED AS PER THECITY OF BOZEMAN REQUIREMENTS~A PRESSURE RELEASE VALVE/REGULATOR MAY BE NEEDED DEPENDING ON THEPSI AT POC~IRRIGATION POC WILL BE CONNECTED TO CITY SERVICE~IRRIGATION DESIGN ASSUMES 25-28GPM FROM WATER SOURCE~CARE SHALL BE TAKEN TO ENSURE IRRIGATION SYSTEM IS INSTALLED PROPERLYTO MINIMIZE/ELIMINATE WATER WASTE DUE TO OVER SPRAY ONTO WALKS ANDPARKING LOTS.~IRRIGATION CONTRACTOR SHALL INSTALL A RAINBIRD (OR SIMILAR) RAINSENSOR THAT WILL AUTOMATICALLY TURN OFF THE SYSTEM DURING RAINEVENTS~MPR NOZZLES OR SIMILAR SHALL BE INSTALLED TO MAXIMIZE EFFICIENCY~HIGH EFFICIENCY IRRIGATION DRIP ZONES SHALL HAVE 5 GALLON EMITTERS TOTREES 2 GALLON EMITTERS TO ALL SHRUBS AND 1 GALLON EMITTERS TO ALLPERENNIALS AND GRASSES~CARE SHALL BE TAKEN AND THE SIZE OF EMITTER MAY BE REDUCED ON THENORTH SIDES OF STRUCTURES OR HEAVY CLAY SOILS TO MINIMIZEOVERWATERING DEPENDING ON SOIL CONDITIONSIRRIGATION CALCULATIONSTHIS ESTIMATE ASSUMES THE SPRINKLER CONTROLLER IS PROGRAMMEDCORRECTLY AND ASSUMES A 3 TIME A WEEK IRRIGATION SCHEDULEESTIMATED (5,231sqft TURF AREA) 12,554 GALLONS PER MONTH OUT OF ALLSPRAY/LAWN ZONES. 2,548 GALLONS USED IN THE DRIP ZONES FOR THETREES/SHRUBS AND GRASSES.TOTAL ESTIMATED 15,102 GALLONS PER MONTH USEDNProject For: WESTLAND LOFTS 2472 Gallatin Green Boulevard Bozeman, MTPlantScheduleand NotesL10211/06/18For ReviewDate Issue3084 Thorpe RoadBelgrade, Montana 59714Ph 406.924.8038chad@redbarnmontana.com11/12/18City Submittal02/19/19City Submittal4/09/19City Submittal367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387