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HomeMy WebLinkAbout638300219778180640) BILLION 45k Cottonwood/Huffine-Conservation J.C. Billion, Applicant w . 1 �^ - ,elk.. 9GfYY-�ra1--, •• �_ J _>� s • .FILE REVIEW SHEET CONDITIONAL USE PERMITS Application Date: — 2 l Staff Member: File Number: " 91 Reference Fifes: -"ile Name: DATE DONE BY Staff/Agency Comment Requested : Staff/Agency Comment Deadline: Public Hearing Notice To Chronicle: Publication of Notice In Chronicle: Public Hearing Notice Sent -to Adjacent Property Owners: Public Hearing Notice Posted : Staff Report Due: Staff Report ( packet ) Sent Out : Zoning Commission Meeting : Action : City Commission Meeting : �. Action : Letter to Application Regarding Decision : b Month Review Due: ie Month Review Due: Letter of Credit Received : Letter of Credit Released : Final CUP Issued : PROJECT ACTIVITY LOGS BOZEMAN CITY-COUNTY PLANNING OFFICE 'roject Name r/ / /��'�Gl File No. /oA- STAFF STAFF CUMULATIVE DATE ACTIVITY PERSON HOURS STAFF TIME C -by_:t;; C7 Z�. W TC-6 coy-66�-,0,jls I l 5 �GC.�� ice,- �,�,,y� 4.� Z�•� -ram pw►��Cv��� ,a.,� I .� z 9.5 - It L14, tb5 +�Z �e�, �/�� ��t� I..aTyS �/Y�a.���j1�.Uot-I,'�ZIS .� co.✓� 45 .5....-......_.... •c-_> 5-7 .� 4 Z. 1� T�j- ��/�A �EV► 1.V- A a 31d0 <: u 30% U0 %S NVN3Z08 / O OIAIK03 CIKAN ARCHITECTS,P.C. 544 East Mendenhall,Suite A,Bozeman,Montana 59715 (406) 586 3624 Fax(406)586 3630 February 12, 1992 Joe Frost 716 S. 6th Avenue Bozeman, MT 59715 Dear Joe: I am sending this as a note of concern as it relates to the completion of the Billion P.U.D. requirements. Dave and I had met numerous times on the changes to the P.U.D. requirements just prior to the City Commission meeting the week of Christmas. After review by Dave and submittal by us, we were told by Dave that all of the changes were what he needed to see and that he would be submitting a positive staff report to the City Commission on the Developmental Guidelines. On Friday, I left for Minneapolis and upon calling in for messages the week of j Christmas, found that the staff had submitted a less than favorable report on the Guidelines. This concerned me at the time, but at the sake of completing the process I did not pursue my concerns even though we had been led to believe by Dave that some items that we had wanted to change in the Guidelines to reflect earlier conditions were better left as conditions so as not to make the whole process confusing for the City Commission. I then met two times with Dave and in 1 - 1-1/2 hour sessions to go through the Guidelines item by item and pick up all previous conditions and any other additional concerns by the City Commission. At that point, Dave became intensely involved with the Heliport Project and cancelled approximately five different meetings that he and I had set up to complete the Developmental Guidelines. It has now been over a month since Dave has been able to work with me on these Guidelines and at this point does not seem to even be returning my calls. I am deeply concerned Il` about the time frame of this whole process, and would ask your assistance to get this back on track and completed. I regret having to go around staff to get this done, but I have asked numerous times for Dave to call me and have expressed my concern to Andy on two separate occasions. I would appreciate your help in this. My other concern at this time is what appears to be a bit of a gridlock as it relates to the lighting. Today at 1:30 we will be meeting and having left a message at the end of last week on your machine, I trust you will be able to make the meeting with the Lighting Consultants and the other City Commissioners. I feel it is very important that we all are on the same wavelength as it relates to the various elements of lighting design and that we all have the same frame of reference and lighting vocabulary as we review what it is the City really wants to accomplish with lighting requirements and also what is realistic both in terms of economics and state-of-the-art light manufacturing. I would greatly appreciate your help in both of the above matters. Sincerely, Dan Kamp cc: Joe, Billion %:•:S Ei CIKAN ARCHITECTS,P.C. 544 East Mendenhall,Suite A,Bozeman,Montana 59715 • (406) 586 3624 Fax(406)586 3630 MA January 22, 1992 Dave Skelton City/County Planning Office 35 North Bozeman Avenue P. 0. Box 640 Bozeman, MT 59715 Dear Dave: I realize that you have been tied up with other projects such as the Heliport, but it is getting imperative that you and I connect on a meeting -to get the final details hammered'out on the Billion Developmental Guidelines. Please get in touch with me and let me know when we can get- together to get this resolved. Sincerely, Dan Kamp cc: Joe Billion RECEIVED BY BOZEMAN C TY-COUNTY PLANNING OFFICE L 2 3 - ci 2� DATE Commission authorize and direct the staff to proceed with the request .for proposals pro- cess, in preparation for selection of a firm to conduct the audit of the City's financial rec- ords for upcoming fiscal years, with the revised dates noted above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commis- sioner Swanson,. Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Decision - Conditional Use Permit - Joseph and Susan Billion - allow development of auto- -related commercial planned unit development on 20-acre tract located in the Ej, SEA, SEJ, Section 9, T2S; R5E, MPM (northwest corner of Highway 191 and Cottonwood Road) This was the time and place set for the decision on the Conditional Use Permit - Joseph and. Susan Billion, under Application No. Z-91131 , to allow development of auto- related commercial planned unit development,on 20-acre tract located in the east one-half of the southeast quarter of the southeast quarter, Section 9, Township 2, South, Range 5 East, Montana Principal Meridian. This site is more commonly located at the northwest quadrant of the intersection of U.S. Highway 191 and Cottonwood Road. The City Manager submitted to the Commission a memo from Planner Skelton, dated December 19, as well as a memo from Planner Skelton, dated December 20. He noted that a copy of the Development Manual for. this. planned unit development was also included in the packets. Planner Dave Skelton reminded the Commissioners that they had conducted the pub- lic hearing on this conditional use permit at their November 18 meeting. He further re- minded them that the decision on this application .was delayed to allow the applicant's rep- resentatives an opportunity to work with staff to revise the land use development guide- lines for the planned unit development to address the concerns raised by staff and Com- missioners during the public hearing. Planner Skelton stated that staff has met with Mr. Joe Billion as well as Mr. Dan Kamp and Mr. Jerry Gaston in an effort to resolve the substantial number of issues raised as a result of the public hearing. He stated, however, that a number of the issues remain unresolved; and he has attempted to address each of those in his December 20 memo. ° He then reviewed each of those specific items, which include: Development Guidelines -- the list of permitted commercial uses within the development; the timeframe for installation of on-site improvements; the prohibition of external speakers; architectural guidelines; re- quirement that no single building form will comprise more than 40 percent of the total gross footprint of the building; sign guidelines;- and lighting guidelines; and Design Sketchbook -- signs; and exterior lighting. The Planner stated that staff is generally comfortable with the proposed permitted commercial uses, with the stipulation that they be limited to retail uses which generate a 12-23-91 maximum of 100 average daily trips per acre. He noted that this stipulation does reflect small commercial uses. The Planner then noted that the guidelines indicate that external speaker systems may be negotiable with the City, despite the Commission's former deter- mination that external speaker systems would not. be allowed for any of the principal uses in the planned unit development. The Planner noted that the guidelines. formerly required that no single building form comprise more than 40 percent of the total gross footprint of the building; however, the applicant has changed that to 50 percent. He indicated that this revision is not ac- ceptable to staff, since the buildings must be of a scale and mass which is compatible with the surrounding area. He noted that the 40-percent limit ensures that each structure will have a minimum of three masses of form, thus reflecting the theme set forth in the archi- tectural sketchbook. He stated that the applicant has changed this provision to include a 50-percent limit because the existing structure does not comply with the 40-percent maxi- mum. Planner Skelton stated that the two sections of the guidelines which really need to be carefully addressed pertain to signage and lighting. He stated that the signage should be addressed for the entire planned unit development; and the package should be carefully established for the total acreage. He noted that materials and colors, and the style of sign should all be specified within these guidelines, so that the signage presents a uniform theme throughout the development. He further indicated that the lighting guidelines must carefully and specifically specify the type of lighting fixture that is to be allowed within the development; and the sketchbook should show the light fixture that is to be utilized to maintain a theme throughout the development. Planner Skelton noted the concerns that have arisen because of the glare and pol- lution which the existing light fixtures for the car dealership have created. He further noted that those light fixtures do not comply with the zoning regulations, which stipulate that the light may not encroach onto public rights-of-way; the luminaries . are not to be visible; and the height of the fixture is not to exceed twenty feet. The Planner stated a question has arisen about the existing dealership, which'. was approved earlier this year through a conditional use permit. He noted that the Commission allowed the applicant to proceed with that portion of the project, with the understanding that these guidelines would be developed and approved prior to any additional construction within the planned unit development, and further with the stipulation that the dealership would meet the guidelines, and set the standard for the PUD. Planner Skelton stated that, following review of the land use development guidelines which are currently before the Commission for action, staff recommends that the Commis- sion. delay ,action on this requested conditional use permit for a planned unit development 12-23-91 INW111", i - 5 - • until the following have been addressed: (1) the land use development guidelines have been placed in final draft form, addressing all of the issues raised by staff and the Com- mission; (2) the guidelines specifically set forth a logical and explicit theme for signs, ex- terior lighting, architectural controls and sidewalk linkage; (3) the existing exterior light fixtures for the auto dealership complies .with the zone code; and (4) an acceptable finan- cial guarantee for installation of the on-site improvements has been provided. Planner Dave Skelton stated he strongly feels that the land use development guide- lines need to be revised to specifically address each of the issues which have been raised by .staff and the Commission prior to approval of this application. He noted that this will ensure that the applicant has the flexibility he desires in developing this project while ensuring that the project complies with the City's expectations. Mr. Joe Billion, applicant, characterized this planned unit development process as a long, drawn-out process that began when he purchased the Chrysler Mazda dealership in December 1989. He stated that he had hoped to have a decision made at this meeting, since a new Commission will be seated prior to the next regularly-scheduled meeting. He suggested that this will save time for both the Commission and staff, since a new Commis- sion will need to be educated about the process to date. Mr. Billion stated that the issues yet to be resolved are not big; and he feels that he and his representatives can work with staff to address them in a manner which is ac- ceptable to both parties. He noted that last week, he met with the staff on Tuesday, since neither Commissioner Frost nor Commissioner Swanson could attend the meeting; and on Thursday, he met with Commissioner Frost and the Planning staff to address the issues which have been raised. He stated that in those meetings, many of the issues raised in the above discussion were addressed; and he agreed to the changes, even though they have not been reflected in the document currently before the Commission. Mr. Billion suggested that the signage issue has been adequately addressed, noting that signage along the entryway corridor is a major concern to staff. He stated that the signage is to serve as a theme throughout the planned unit development; and it is to be in compliance with entryway corridor requirements. Mr. Billion then addressed the issue of lighting. He stated that, as a result of Thursday's meeting, he indicated that, he would research the type of lighting fixtures used on the MSU campus, as suggested by Commissioner Frost. Mr. Billion stated that he has spent a considerable amount of money on the state- of-the-art lighting for his dealership, noting that statistics reveal it is the lowest in glare. He further noted that the lighting is already in place; and the fixture is included in the land use development guidelines and the architectural sketchbook. He further noted that the lighting fixtures have already been conceptually approved in these guidelines; and 12-23-91 • - 6 - ditional approval was given his dealership with this fixture included. Mr. Billion stated that he spent three months researching different light fixtures in an effort to find one that would not generate undesirable glare. He noted that he traveled as far as Atlanta, Georgia, to attend lighting shows so he could personally view the avail- able light fixtures. He then suggested that the lighting for his dealership is no more ob- trusive than other lighting in that immediate area, and is much less so than some of it. Mr. Billion then addressed the issue of the financial guarantee for installation of on-site improvements. He noted that he does have an escrow account with a bank in Bill- in0s; and it is in his name plus the landscaper with whom he is under contract. He stat- ed that until he reviewed the staff's comments, he was not aware that this was not accept- able to the City. He then indicated a willingness to purchase a certificate of deposit, in both his and the City's names, if that is what is required. He assured the Commission, however, that the work will be completed. Mr. Joe Billion distributed to the Commission copies of information he has acquired about various lighting fixtures. He noted that the national standard for display lighting for auto dealerships is 70 foot candles on the ground; and the standard for security light- ing in parking lots is 1/2 to 1 1 /2 foot candles on the ground. He stated that the lighting fixture which is located on campus can be purchased in sizes up to 400 watts; and a 1 ,000-watt super metal halide fixture is required for his business. He noted that the fix- ture which he has installed has a vertical tube; therefore, only 20 percent of the bulb is visible. He noted that in a light fixture with a horizontal tube, 80 percent of the bulb is visible. He also noted the efficiency of the existing fixtures, with 80 percent of the light generated hitting the ground. He further noted that the light from this fixture is very directed, creating the least amount of glare possible while providing the amount of light required in the industry. Mr. Billion then reviewed the information submitted to the Commission, including the ! Hilton, Starbeam, August, Classic, Citation and Oakmont styles of fixtures. He stated that of all these fixtures, the Hilton series is the most expensive; and is the one which he has installed. Fie then stated that under the design guidelines for the planned unit devel- opment, he had intended to use the Carolina family of light fixtures, which would add class to the project. He further noted that not every business within the planned unit development will require display area lighting. Mr. Billion then stated that a 1 ,000-watt bulb on a 50-foot pole is the standard for the industry. He noted that the minimum pole height is set at 25 feet for a metal halide fixture; and his have been installed on a 22-foot-tall pole with a 1 1/2-foot base. He fur- ther noted that the light from these fixtures is in a smaller pattern and is more directed than it would be from other types of light fixtures. 12-23-91 .. - 7 - • Mr. Joe Billion then stated frustration with the process, noting that he has been willing to meet with staff and compromise to reach a position that is acceptable to both parties. He noted this project has been in process for two years, and encouraged the Commission to make a decision on the development guidelines for the planned unit develop- ment. Mayor Hawks reminded Mr. Billion that the City has "bent over backwards in a con- voluted position" to accommodate his demands. He noted that the conditional use permit for the auto dealership was approved without the guidelines for the entire planned unit development being developed first. He further noted that, while the applicant may meet with staff in an effort to address issues, the Commission makes the final decision. Mr. Billion acknowledged that the Commission does make the final decisions. He noted, however, it is very frustrating to receive recommendations for approval from the Design Review Board and the City-County Planning Board, only to have the City Commis- sion refer the project back to those boards to review some specific issue. He .then sug- gested that to have Commission representation at the meetings of its advisory boards could I help to streamline the process considerably. Commissioner Frost noted that after last week's meeting, he was under the im- pression that the Commission would have a final document before it for consideration at to- day's meeting. He noted, however, that has not happened. He cited the fact that on Page C-5, the phrase "including but not limited to" under listed permitted commercial uses has not been removed; and on Page C-16, the timeframe for installation of on-site improve- ments has not been changed from twelve to nine months. Commissioner Frost then noted that on Page C-30, the applicant has included the language "No external speaker system shall be used until such time as an agreement with the City of Bozeman can be reached addressing design requirements that mitigate concerns on noise levels at adjacent future residential areas." He stated this language does not ac- curately reflect the Commission's previous direction, and suggested that it be changed to read "No external speaker systems shall be used." He then noted that when reviewing the site, he noticed there were external speakers in the canopy of the dealership, stating his hope that they are not being used. Planner Dave Skelton stated that, while the applicant states a willingness to meet the City's requirements, those issues have not. been addressed or revised within the land use development guidelines. He noted that this has resulted in frustration to both parties. He then noted the importance of having the land use development guidelines ac- curately reflect the governing body's desires prior to approval, to ensure that this project will develop as a masterpiece in the entryway corridor along U.S. Highway 191 . Commissioner Frost noted that from the very beginning of the process, both the ap- 12-23-91 plicant and the City have stated. that the lighting would be contained on-site and meet the City code requirements. He noted those standards have not changed; and he feels it is imperative that the lighting be, brought into compliance. Commissioner Goehrung asked about the 40-percent versus 50-percent limit on a single building form. He noted that Mr. Billion indicated that the current structure has 50 percent of the total gross footprint in one building form, questioning how the 40-per- cent limit may impact that in the future. Planner Skelton stated that if the display area under the roofline is considered a part of the footprint of the building, then one building form does contain 50 percent of the footprint. He then noted that the guidelines recognize the necessity for requiring a minimum of three building forms within one structure to ensure compatibility with sur- rounding future residential development, or whatever other development may be located in the entryway corridor. Mayor Hawks stated that his lighting background suggests that 70 foot candles on the ground is a high illumination, particularly in a dark surrounding. He further noted that the elevation of the light fixtures allows the light to flood into the drivers' eyes. Planner Dave Skelton stated that under the City's zone code, the luminaries cannot be visible. He then drew a diagram of the type of fixture allowed under the code and a diagram of the fixture which exists at the dealership, noting it has a globe which rounds down below the sides of the fixture. Responding to Commissioner Swanson, the Planner stated that if a 25-foot pole is the industry standard, then the City should possibly review its zone code requirements. Further responding to Commissioner Swanson, the Planner indicated that at the present time, the developer has an escrow account for landscaping purposes; however, the City's name is not included on that account. He noted the purpose of such a financial guarantee is that the City may gain access to those monies, if necessary, to cover the costs of installing the improvements. He stated that typically a developer will provide a certificate of deposit, made out in his name and the City's. He noted that if necessary, the City can cash that certificate of deposit to cover the costs of the work; and if it is not necessary, the developer retains those monies and the interest earned. He then stated that the landscaping for this project was originally estimated at $20,000; and the standard financial guarantee requirement is one and one-half times that amount, or $30,000. Commissioner Swanson submitted his responses to each of the four points included in the memo dated December 20 from Planner Skelton. He noted the Commission needs a final draft of the land use development guidelines to review prior to taking final action; and they do not have such a document at this time. He also noted that the issues of lighting and signage are extremely important and need to be resolved prior to Commission 12-23-91 _ 9 _ • 71 action. He then suggested that the issue of the financial guarantee can be easily re- solved. Commissioner Frost stated concurrence with Commissioner Swanson's comments. Mayor. Hawks stated the lighting issue seems to be hanging in the balance; and staff does not really know how the Commission wishes to resolve it. He then asked for Commission input to assist the staff. Commissioner Swanson stated he feels that the lighting for the project should be within the code provisions. He indicated that until staff submits a response that the lighting cannot be brought into compliance, he feels that position should hold. Commissioner Frost stated the guidelines need to include the specifications of the lighting fixture and how the light is to be directed. Planner Skelton reminded the Commission that there is no time limit on making a de- cision on a conditional use permit. He then requested that the Commission allow staff thir- ty days to research and address the status of the existing conditional use permit for the auto dealership and the light fixtures on that site. He also asked if the Commission wish- es to establish a time limit within which the developer must bring back the final draft of L the land use development guidelines. The Commissioners concurred they would prefer not to set a time limit. Mr. Joe Billion stated a willingness to work with staff to finalize the land use de- velopment guidelines. He then requested that a Commissioner be appointed to meet with them as well, so that the Commission is more aware of the process to which the document. has been subjected. Mayor Hawks responded it is staff's responsibility to meet with developers in an at- tempt to develop a proposal that is acceptable to the Commission. He further noted that staff is good about providing in-depth reports that provide the information needed for the Commission to make a decision. He then stated there is a great level of discomfort among the Commissioners when one is requested to sit in negotiation sessions because they feel it is inappropriate. He stated, therefore, he will not ask any Commissioner to participate in this process. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission delay action on the conditional use permit for an auto-related commercial planned unit development, as set forth in Application No. Z-91131 , until the four issues in the December 20, 1991 , memo from Planning staff, including preparation of the land use development guidelines in final draft form; development of a logical and explicit theme for signs, exterior lighting, architectural controls, and sidewalk linkage has been addressed in the guidelines; compliance of the existing exterior lighting fixtures for Billion Chrysler Mazda with the zone code; and filing of a financial guarantee for the remaining on-site 12-23-91 • - 10 - improvements for the auto dealership, have been adequately addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Discussion - staff report regarding North Wallace Avenue issues (a) crosswalks, (b) stop signs, c truck traffic, and d speed City Manager Wysocki submitted to the Commission a memo from Director of Public Service Phill Forbes, dated December 18, 1991 , addressing each of the four issues, along with several attachments. Commissioner Swanson noted that in the memo, the Director recommends that the Pedestrian/Traffic Safety Committee be used to map out the pedestrian routes to the schools. He then asked what tools, knowledge and skills the members of the PTSC have to accomplish this task, and whether they have the time to address the issue. r, Director of Public .Service Forbes noted that time seems to be a problem for every- .. one. He then stated that a review of the agreement which established the Pedestrian/ Traffic Safety Committee revealed that the committee was established because of this type of concern and the lack of expertise in any one governmental entity to adequately address the issues. He stated that since the committee is comprised of members representing the City of Bozeman, Gallatin County and School District No. 7, they can easily gather the !! needed data. He noted that the City does not have ready access to the demographics of tl where the students come from to attend the various schools in the community; however, the School District representatives on the committee should be able to easily provide the information. The Director then stated that the excerpts from a State Highway Department publication provide much of the technical information needed for the Committee to make !4, recommendations, based on the data they receive from the School District. The Director of Public Service stated a willingness to commit the City's Engineering Department personnel to conduct traffic counts as needed throughout this process. He noted that information can be utilized when addressing the issue of crosswalks at the in- r l I' tersection of North Wallace Avenue and East Lamme Street as well as the installation of y stop signs along North Wallace Avenue. Responding to Commissioner Swanson, the Director indicated that there currently is no crossing guard at the intersection of North Wallace Avenue and East Lamme Street. He stated that to obtain a crossing guard, a request must be directed to the School District. i' He stated they have a specific process to follow in determining whether a crossing guard , t' is needed at an intersection. 3� i Commissioner Frost suggested that the updated transportation plan should help to 12-23-91 i MEMORANDUM ----------------------------------------------------------------- TO: BOZEMAN CITY COMMISSION FROM: BOZEMAN CITY-COUNTY PLANNING STAFF RE: J.C. BILLION AUTO PLAZA P.U.D. DATE: DECEMBER 20, 1991 ----------------------------------------------------------------- The Bozeman City-County Planning Office has reviewed the revised land use development guidelines for the proposed J .C. Billion Auto Plaza P.U. D. , and as a result, provide the following comments: SECTION C - DEVELOPMENT GUIDELINES 1 . 7 . 2 . 1 Permitted Uses Within the Plaza The applicants have revised the list of permitted uses as requested by the Planning Staff. The applicants have further revised Section 1 . 7 . 2 . 1 . 4 - Commercial Uses, to limit retail uses based upon a low traffic-generation factor determined by the Planning Staff being a maximum of 100 A. D.T. /per acre. 2 . 7 . 1 .4. 5 This section must be revised such that all on-site improvements are installed within nine (9) months of occupancy of the structure. 3. 15 Utilities and Communications Devices Section 3. 15 . 6 suggests that external speaker systems may be negotiable with the City of Bozeman. The City Commission specifically eliminated the use of external speaker systems for any activity within the planned unit development. This section must be removed . 4. 0 Architectural Guidelines The Planning Staff provided an addendum to the architectural guidelines which responded to contemporary architecture, building forms, palette of materials, mass and 'scale. In reviewing the addendum with the applicant and his consultants, the addendum was generally agreed upon. However, a revision has be made to the addendum that is not acceptable to Staff: 4. 2 . 2 .4 This section specifically required that no single building form shall comprise more than forty I percent (40%) of the total gross footprint of the building. The applicant has changed this to fifty percent (50%) . Buildings of a scale and mass compatible with the surrounding area can not rely solely on landscape to adequately buffer the structure. Thus, the massing of each structure is crucial to the visual impact on the U.S. Highway No. 191 entryway corridor. A forty percent (40%) maximum would guarantee a minimum of three masses of form per building; thus, reflecting the theme set forth in the architectural sketchbook. 6 .0 Sign Guidelines , During recent meetings with the applicant, as well as during the formal review of the P.U. D. application, the Planning Staff emphasized the need for the guidelines to establish a sign theme to be carried out throughout the planned unit development. The revised guidelines where to provide a narrative establishing acceptable materials and color that would setforth such a theme. This should also be reinforced in the sketchbook by using the existing Billion Auto Plaza entry sign to set the theme. Section 6 . 1 . 2 . 1 suggests that each lot will be allowed one directional sign at each access which will also include the name of the business. This section must be eliminated as it encourages illegal traffic directional signs. Section 6 . 2 should include wording stipulating that all signs proposed within the J .C. Billion Auto Plaza would conform with the Bozeman Sign Ordinance. Section 6 .4. 3 should be revised such that no informational or vehicular control sign will exceed a height of six feet above the underlying grade. Section 6 .4. 5 should be added to the guidelines acknowledging the Billion Auto Plaza entryway sign as the theme for all monument signs, and should establish a theme for materials, color, dimensions and height of all free-standing monument signs. Section 7 .0 Lighting Guidelines One of the key items which triggered the City Commission to delay a decision on the P.U. D. application was the unresolved impact of existing and future exterior lights within the P. U. D. Based upon the number of complaints from the general public the existing fixtures appear to have a significant distraction to drivers on U. S. Highway No. 191 . Furthermore, the existing light fixtures do not comply with the Bozeman Zoning Ordinance. This is a contradiction to Section 7 . 1 . 8 which states that all lighting and glare control must meet a • • Bozeman Zoning Code requirements. Section 7 . 2 . 2 states that all parking lot lighting fixtures will match the fixtures used on the Billion Chrysler Mazda auto dealership site. This section has not been amended as requested by the City Commission and Planning Staff. The intent of revising the guidelines was to illustrate a specific parking lot light fixture for the entire planned unit development which eliminated the distraction generated by the glare of the existing auto dealership fixtures. Because the applicant has not provided a specific fixture, the Planning Staff has attached exhibits and data for a light fixture that is currently used on the campus of Montana State University. The attached information demonstrates that the Kim Lighting "shoebox" luminaire is exactly what the Zoning Ordinance is attempting to accomplish, and should also be accomplished by the proposed planned unit development. SECTION E - DESIGN SKETCHBOOK Two major elements of the design sketchbook are still not explicit enough to define elements of a theme for the planned unit development. Sketches are vague and do not demonstrate enough information to support a theme. SIGNS The Planning Staff is striving to get the developer to use the existing Billion Plaza entryway sign as a commitment of expression for a P.U. D. sign theme. A typical sketch of the entry sign, as well as the existing signs, should include typical heights and dimensions for monument signs ( both for business identification and traffic directional signs) , materials, color, and low-profile planting proposals. EXTERIOR LIGHTING Again the revised guidelines have made no effort to demonstrate a typical parking lot light fixture that responds to problems recognized with the existing exterior light fixtures. The Planning Staff has provided exhibits of a specific light fixture that would be appropriate for the proposed planned unit development. CONCLUSION The Planning Staff has reviewed the revised land use development guidelines, and as a result finds that the vagueness and inability to commit to specifics for a number of key sections exemplifies the present track record of the subject property. As a result, the Planning Staff is unable to recommend conditional approval of the application for a conditional use permit to development a auto related commercial planned unit development without the following items being completed first: 1 . That the land use development guidelines for the proposed 0 planned unit development be completed in a "final " draft form, responding to all the issues identified by the Planning Staff, prior to a decision by the City Commission; 2 . That the guidelines specifically set forth a logical and explicit theme for signs, exterior lighting, architectural controls, and sidewalk linkage; 3. That the existing exterior light fixtures for the Billion Chrysler Mazda auto dealership comply with the Bozeman Zoning Ordinance, and 4. That the conditions of approval for the existing auto dealership be completed to obtain Final Site Plan approval which requires a financial guarantee prior to occupancy of the structure for on-site improvements not currently installed ( landscaping) . 24 vice line must include a detector check valve. TheOire service line shall be installed per the City of Bozeman Policy for Underground f Fire Line Installations; 8. The following shall be noted on the final site plan: 1. A. The size of the sewer line; B. The size of the domestic water service line and the lo- cation of the meter in the building; C. The size of the fire service line and the location of en- try into the building; and, (� D. Specify whether the fire suppression system is a wet or dry system; I 9. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Condi- tional Use Permit procedure; 10. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 11 . That all conditions specifically stated under any conditional use listed in this ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 12. That all of the special conditions shall be consented to in writing by the applicant; 13. Seven copies of the final site plan, containing all of the conditions and modifications approved by the City Commission, shall be submit- ted for review and approved by the Planning ' Director within six months of the date of City Commission approval. Signed copies shall be retained by the City Departments represented on the Development Review Committee, and one signed copy shall be retained by the ap- plicant; 14. The applicant shall enter into an improvements agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, con- struction plans and methods of security shall be made a part of that agreement; 15. A building permit must be obtained within one year of Final Site Plan approval. Building permits will not be issued until the Final Site Plan is approved. No site work, including excavation, may occur un- til a building permit is issued; and 16. If occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the improvements agree- ment must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled im- provements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all on-site im- provements shall be completed by the applicant within (9) months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Public hearing - Conditional Use Permit - Joseph and Susan Billion - allow development of auto-related commercial planned unit development on 20-acre tract located in the Ej, SE4, SEJ, Section 9, T2S, R5E, MPM NW corner of U.S. 191 and Cottonwood Road) This was the time and place set. for the public hearing on the Conditional Use Per- 11-18-91 - 25 - quested by Joseph and Susan Billion, under Application No. Z-91131 , to allow devel- ment of an auto-related commercial Planned Unit Development on a 20-acre parcel located ,In the east one-half of the southeast one-quarter of the southeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located in the northwest quadrant of the intersection of U.S. Highway 191 and Cottonwood •Road. Mayor Hawks opened the public hearing. ` Senior Planner Dave Skelton presented the staff report. He indicated that in this presentation, he would concentrate on the land use development guidelines, as proposed by the applicant, since those are the parameters under which this proposed 20-acre au- to-related commercial planned unit development will occur. He stated that under this ap- plication the 20-acre site is to be divided into ten lots for auto-related commercial develop- ment. t The Planner reminded the Commission that earlier this year, they conceptually re- ` i viewed this item, and approved a Conditional Use Permit for construction of the Billion Chrysler building, which is located on the first lot to be developed within this planned unit development. He further reminded the Commission that in October, the Gallatin Coun- ty Commission approved the preliminary subdivision plat for the proposed planned unit de- velopment, with sixteen conditions attached. Planner Skelton stated the planned unit developments are subject to review in light of several different objectives and criteria, noting that this application generally complies with all of those objectives and criteria, except for Criteria F, which applies specifically to auto-related and independent commercial uses, and requires that direct vehicular and pe- destrian access between on-site parking areas and adjacent off-site parking areas which contain more than ten spaces. Responding to the Planning Director, Planner Skelton stated that this is one of the variable criteria contained in the code; and it is not necessarily mandatory that it be met. He stated that the Planning Board, after its review of these guidelines, determined that it was not necessary; and staff is comfortable with that decision. f Planner Skelton then stated that the Development Review Committee reviewed this I� I application; and their concerns have been addressed through the conditions set forth in l the Planning Board's resolution. He stated that the Design Review Board spent a consid- erable amount of time during the conceptual review process, forwarding numerous rec- ommendations for inclusion in the final document. He noted that the DRB has reviewed the final guidelines, and their formal recommendation is that the guidelines be accepted as submitted. Planner Dave Skelton then reviewed the revisions which staff has recommended to 11-18-91 26 eTland use development guidelines, as contained in five pages of the staff report, listed {,below. Development Manual - Section . "B" - Protective Covenants. Planner Skelton stated that Section 3.3 refers to an that Exhibit "B", which has not been submitted to the City Engineer's office for review and approval; and it is not in- cluded in the guidelines. The Planner noted that Sections 3.8, 4.1 , 4.2, and 5.1 need to be revised to bring them into conformance with the zone code requirements. He further noted that two additional sections should be provided which address the responsibility of maintenance and repair of all improvements within the public right-of-way. Development Manual - Section "C" - Development Guidelines. Planner Skelton stated that he and the applicant's representative have been working on this section for an extended period of. time. He noted the March 8 memo which he submitted to Mr. Dan Kamp, architect for the project, enumerating the sections where revisions were necessary prior to finalization. - He stated that a copy of that memo was in- cluded in the packet of information for this discussion, since not all of those items were addressed. He then discussed each of the subsections under this heading separately. Section 1 .7.2.1 . The Planner stated that the list of permitted uses has changed considerably since the concept of this PUD was first reviewed; and it now includes not on- ly auto-related uses, but also business park uses, light manufacturing and assembly, and commercial uses as well. He suggested the Commission must determine what it is comfort- able with allowing in this planned unit development. He noted that staff referred back to intent of the R-0 zone and the master plan in its review of this item, and found the intent is to allow limited commercial activity that will not impact surrounding uses, which would suggest that those uses allowed promote low traffic impacts. The Planner briefly highlighted each of the four categories proposed in the guide- lines, noting that auto-related uses are probably the most appropriate, although the traffic generation may be high. He then stated staff would recommend that the words "including but not limited to" be deleted from this section. Under business park uses, he suggested that many of the proposed. uses may not be appropriate, and suggested that "medical clin- ics, hospitals, banks and financial institutions, trade schools, and any other use approved as a part of a planned un.it development subject to the provisions of Chapter 18.54 of the Bozeman Code" be excluded from the list. Under light manufacturing and assembly, the Planner stated he feels the language is appropriate; however, he noted that careful review should be made of the specific uses to determine if they are low traffic generators. Under commercial uses, he expressed concern that the listing is ambiguous; and he suggested that the phrase "including but not limited to" be deleted. He then stated that with en- forcement of the architectural guidelines, the requirement that all activity occur indoors, 11-18-91 27 ps; e requirement for low traffic generation, it is possible that appropriate commercial se could be accommodated. He further noted that individual applications for facilities O.Funder 15,000 square feet will be subjected to review by the DRC and the DRB through the minor site plan process; and applications for facilities over 15,000 square feet will be sub- jected to the major site plan process, which includes Planning Board review. Section 2.7.1 . The Planner suggested that this section, pertaining to site plan re- view, should be revised to specifically reference Section 18.52 of the zoning ordinance. Section 3.9.2. The Planner suggested that sidewalk linkages between on-site and perimeter pedestrian circulation should be included in a short narrative and sketches with- in this document. Section 3.17.2. Planner Skelton suggested that a list of potential nuisances should be provided to the Planning Office and the Engineering Office. Section 4.2.2. The Planner stated that during initial review of the guidelines the developer was cautioned about leaving the language under "architectural guidelines" too open; and he was encouraged to expand the written narrative and the sketchbook portion of this document to more adequately define "contemporary" forms and materials. He then briefly highlighted some of the areas which staff feels should be addressed in making this section less subjective and more specific. Section 5.1 .5. The Planner stated that Exhibit "D" has not been included in the guidelines. Section 5.2.2. The Planner stated that a weed control plan for all common areas should be included in this section as well as in the covenants. Section 5.2.4. Planner Skelton stated this section should specifically state the street frontage landscape requirements. He further noted that this section also refers to Exhibit "D," which has not been included in the guidelines. Section 5.2.7. He suggested these guidelines should specifically establish landscape requirements for the interior property lines and the north extreme of the property. Development Manual - "Section D" - Review and Approval Process. The Planner suggested this section be updated and that it provide a boilerplate im- provements agreement. Development Manual - "Section E" - Design Sketchbook. The Planner stated that several portions of this section need to be revised, includ- ing signage, lighting, and architectural theme. He stated that the signage portrayed in this document would require deviations, since it does not meet the zone code 'requirements. He noted that the lighting portion also needs to be addressed, particularly since concerns have been raised about the lighting which currently exists within the first phase of the planned unit development. He noted that a can type lighting is proposed within the docu- 11-18-91 �e9 f - 28 - • ment, which means that tube should not be visible; however, it is in the existing fixtures. i He then suggested that a very specific light fixture should be established for the boule- vard and sidewalks; however, the security lighting should be optional, within limits. I Planner Skelton then indicated that staff is supportive of the conceptual review of the architectural theme by DRB. He then suggested that the applicant strive to meet the I recommendations contained on Page 12 of the staff report. Planner Dave Skelton stated that, following its public hearing on this conditional use permit on November 5, the Planning Board recommended approval of the application, subject to eighteen conditions. He stated that following that meeting, the applicant's rep- resentative expressed concern about Condition Nos. 1 , 3 and 14; and the Assistant City Engineer has forwarded his recommendations for revisions. He briefly highlighted .those revisions, noting that Nos. 1 and 14 would be combined; and No. 3 would remain as rec- ommended by the Planning Board. Responding to Commissioner Swanson, -the Planner stated that Condition No. 11 , as ` recommended by the Planning Board, puts the burden on staff to ensure that the land use development guidelines are revised to address all of the Commission's concerns. Responding to Commissioner Frost, Planner Skelton stated the specifications contained in the interim zoning ordinance are for security lighting. He noted, however, that one of the specifications which pertains to other on-site lighting is that it not shine onto adjacent properties. He then stated that it seems that the developer of this project intends to utilize lighting which is canned and is restricted to the subject site. He stated I: however, that the existing lighting at the auto dealership is not 100 percent restricted to the and these are not canned light fixtures. property; g , Commissioner Frost noted that under 7.2.2 on Page C-54, it indicates that light fix- tures shall match those on the initial site. He further noted that under 7.2.1 . , the guide- y lines stated that lighting shall be indirect or incorporate a full cut-off shield type fixture; ? and the lighting on the initial site does not meet that guideline. He further noted that the fixtures included in the sketchbook portion of the land use development guidelines do not match those used within the first phase of development. He then suggested that these inconsistencies be addressed prior to finalization of these guidelines. Planner Dave Skelton recommended that the guidelines for the PUD include a specif- ic light fixture, identified by model and type, so there is no question about what is antic- ipated. He noted that this will assure an opportunity for staff to review the proposed fix- tures to determine if they are a can type fixture. The Planner then stated that the City can require that the light fixtures for the existing conditional use permit meet the guidelines for the planned unit development, after they have been finalized. He also noted that the City can require that the first phase 1 11-18-91 - 29 - h(_ ;comply with all of the finalized guidelines for the entire planned unit development prior to approval of any project on the remainder of the twenty-acre parcel. Mr. Dan Kamp, architect representing the applicant, stated that this project has evolved over the past year largely by taking the applicant's desired project before the various boards and committees in the City, and making revisions to address the concerns and desires of those bodies. He noted that they have attempted to address the concerns of all of the entities involved, to the best of their ability; and they have received the ap- proval of the Development Review Committee and the Design Review Board. Mr. Kamp stated that, as representative of the applicant, he has agreed to disagree with the staff on some specific issues in the land use development guidelines. He stated that, through use .of a theme in landscaping and lighting, the .many architectural types found along South Willson Avenue have been blended well and make an attractive area. He suggested that to allow this variety in architectural style and materials could lend itself i well to this proposed planned unit development, with landscaping, lighting and signage + i serving as the theme. Mr. Kamp noted that the landscaped setbacks set forth in these guidelines exceed j the zone code requirements; and the way the structures are cited on the lots could also help to unify the project, even with different architectural styles. 4 i Mr. Kamp stated he has attempted to redefine "contemporary" and feels he has 6 reached a good middle ground. He noted that Mr. Billion has indicated that if a more re- strictive palette of styles and materials is determined appropriate, he is willing to accept that needed revision. ' i Mr. Dan Kamp then stated that the other issue which he wishes to address is the i list of uses to be allowed within the planned unit development. He stated that under the 4 commercial uses listing, he is willing to make the listing more restrictive, limiting the com- mercial uses to those which generate a very low. traffic volume. Mr. Kamp then addressed the issue of signs, noting that when the sign package for Billion Chrysler Mazda was originally submitted, the issue of identifying the business on the directional signs was discussed. He expressed concern that to not allow the inclusion of the business name on a directional sign could become confusing within the planned unit development, particularly when driveways for two different businesses are located close together. He stated an interest in allowing the business name to be subordinate to the directional sign, noting that the applicant is willing to eliminate the name if the City de- termines that having it on the sign is unacceptable. Mr. Dan Kamp then addressed the lighting issue, stating this is the first time he has been made aware of the possibility that the lighting from the existing fixtures may be extending beyond the property lines. He stated that the fixture featured in the i 11-18-91 y 1 • - 30 - • / book is the light fixture that is currently on site. He stated that if the guidelines to be more specific in this area, that can be accomplished. Mr. Kamp reminded the Commission that when the ad hoc implementation committee began its initial review of the zone code, it was determined that the planned unit develop- , ,'ment section of the code needed to be rewritten. He noted that as of this time, that sec- tion has not yet been revised, and suggested that a condition be added to approval of this i application that it will be reviewed for appropriateness of the criteria after the revisions to this section have been adopted. Mr. Kamp stated that following the public hearing, he met with the City Engineer- II h ing staff; and he is in full agreement with the Assistant City Engineer's recommended re- i visions to the conditions pertaining to drainage. He stated it was the applicant's original intent to provide a conceptual area for storm retention, with that area being specifically designed as each lot was developed. He stated that the staff's recommendation is that the storm drainage system be fully designed now; and if a site plan requires a design which is substantially different from the original plan, then it must be re-reviewed by the City. I Mr. Kamp stated that the applicant feels that he can accept the conditions recom- mended by the Planning Board, even though he still retains philosophical differences on some of the issues, particularly the issues of architectural design and materials. i Planner Dave Skelton noted that the criteria for planned unit developments, partic- ularly those with auto-related uses, need to be rewritten. He stated, therefore, staff is comfortable with the Planning Board recommendation that meeting one of those criteria be waived, as noted in his presentation. He then noted that at this time, he and Planning Director Epple are beginning to review that chapter, with the intent to begin the ' I re-writing process as soon as possible. Mayor Hawks stated that, after review of the entire land use development guidelines document, he feels that the applicant has generally addressed the issues raised by the Design Review Board, Planning staff and the City Commission. He noted his concern is that the document is prepared in such a way that someone not familiar with .it would know what is anticipated for a project to be constructed within the PUD. He also expressed concern that in one portion of the document, the architectural review process set forth gives the impression that is the only one that needs to be followed and that it does not involve the City; however, that is only the internal review process. He suggested that cross-referencing within the document could alert individuals to some of the other pro- visions within the document. Commissioner Frost stated that after completely reading this document, he feels that it needs some fine-tuning; however, he does not feel it should be sent back to staff. He stated that if the City does not make sure that everything it wants is "set down in black 11-18-91 31 white," there will be items which the City does not' want included within the planned /t development. He then stated that he feels this document is not tight enough; and he feels it will take a lot of work to tighten it up to his satisfaction. Planner Skelton stated appreciation for the Commission's desire to not send these land use development guidelines back to staff for revision, particularly in light of the number of hours he has already spent on it. He noted, however, that this document will set forth an example for commercial node development; and he is willing to work with Mr. Kamp and the Commission to get the document cleaned up. Commissioner Knapp noted that when the Commission first voted to allow this devel- opment at this subject location, it was with the promise that this would be an outstanding project and a model for the area. She further noted that at the present time, there is es- sentially nothing out there; and it is imperative that all precautions be taken to ensure that a quality project is undertaken. She noted that this project lies along an entryway to the community; and she feels that the time spent now in ensuring that the development guidelines are adequate will pay off in the end. Commissioner Swanson asked if twenty-acre commercial nodes were envisioned under the new master plan .and zone code. Planner Skelton responded that the master plan establishes a potential commercial node at the intersection of two arterials or an arterial and a collector street; and that would allow such nodes to develop at the intersections of U.S. Highway 191 with Gooch Hill Road and Cottonwood Road. He stated that no size was designated for those nodes; and the basic philosophy was a "first come, first served. " He further suggested that caution should be taken to ensure that developments within these nodes do not compete with devel- opment within the B-2 and B-3 zones inside city limits. He then indicated that a commer- cial node has begun to develop at the intersection of U.S Highway 191 and Gooch Hill Road. City Manager Wysocki reminded the Commission that when this project was discussed previously, he pointed out that if each quadrant of the intersection of U.S. Highway 191 and Cottonwood Road were developed as an equal sized commercial node, there would be 80 acres of commercial development at that intersection. Mayor Hawks noted that it is the intent of the master plan that development within these commercial nodes be for the purpose of serving the immediate area, rather than at- tracting traffic from the general community. Commissioner Swanson noted the extensive conversation previously held about loud speaker systems within the planned unit development, as well as noise levels. He then asked if loud speaker systems are prohibited within these land use development guidelines. Mr. Kamp responded there is not. He noted that one of the conditions of approval 11-18-91 32 thI conditional use permit for Mr. Billion's car dealership was that no loud speaker sys- tem would be used. At Mayor Hawks' suggestion, the Commission carefully went through the entire doc- ument, forwarding their concerns to specific items, as follows. Page 4. No. H. Mayor Hawks suggested that in the first line, "energy consumption" be changed to "energy conservation." Page 16. No. 23. Commissioner Goehrung noted that under the Development Manual portion of this document, reference is made to the Billion lighting fixtures as the model. He suggested that this section be revised to more accurately reflect the correct type of light fixture which meets the intent of preventing glare in all directions to avoid potential conflicts and problems. Page B-3. No. 1 .7. Mayor Hawks suggested the definition of "guidelines" be revised to reflect that any revisions to the design guidelines shall also be reviewed and approved by the City. Planner Skelton stated this issue must be addressed in several places throughout the document, including the protective covenants and the guidelines. He indicated that staff will ensure that this item is addressed throughout the document. Page B-6. No. 3.1 . Mayor Hawks noted that his above comment applies to this section as well. He sug- gested a -c way to address the issue might be to reference Section C.2.14. Page B-7. No. 3.2. (g) . Mayor Hawks suggested that the appropriateness of color scheme, finish, pro- portions, style of architecture, height, bulk, size or appropriateness of any structure should be reviewed by the DRB as well as by the internal review committee. He then suggested that a statement be added to indicate that these are general review criteria rather than restrictions, so that this section does not hamper architects. Planner Skelton stated that many of the items which make reference to materials and colors have been identified for change. He then noted that in the Southwood PUD, there was a palette of colors and materials identified. He suggested that rather than limiting the materials to three or four options, it might be appropriate to eliminate some materials that would be unacceptable to allow more flexibility. Mayor Hawks stated support for allowing the greatest amount of flexibility possible. Commissioner Frost stated concurrence, stating he wants an opportunity to review the list of materials to make sure it is reasonable and appropriate. Commissioner Swanson suggested that Condition No. 12 addresses the issue. 11-18-91 33 Planner Skelton stated that the conditions he had recommended for approval of this 4". onditional use permit were based on past experiences with planned unit developments. He .'1 then suggested that caution should be taken in revising those conditions substantially one way or the other. He suggested that it would be better to revise the guidelines prior;tto Commission action, rather than "conditioning it to death." The Planner then stated he "7, feels that he and Mr. Kamp can develop a revision which is acceptable to both parties. Responding to Mayor Hawks, Mr. Kamp stated he feels an acceptable palette of ma- terials can be developed which will not be too restrictive while addressing the City's con- cerns. ,��}s.• Page B-13. No. 4.8. �Avj ccep\,wCEV, Commissioner Goehrung asked how this section compares to the zone code require- ments. He suggested that auto-related commercial uses, the amount of area in storage must be carefully considered. He then asked for assurances from staff that the amount of outside storage allowed is reasonable for the kind of quality development that the Commis- t sion wishes to ensure. Planner Skelton stated that under this guideline, it stipulates that the area devoted to outside storage may not exceed 15 percent of the gross floor area of the principal structure on the site. He noted that if the structure is 20,000 square feet, the amount of outdoor storage would be quite substantial. He stated that under these guidelines, that area must be screened. Mayor Hawks asked if there is any provision regarding the storage of wrecked ve- hicles in these guidelines, since this is an auto-related development. Commissioner Goehrung stated wrecking yards are not permitted; however, noted that since this does include car dealerships,, cars could be stored while waiting for parts for mechanical repairs or body work. Mr. Dan Kamp stated that the zone code does not have limitations on the areas for outside storage; therefore, he attempted to arrive at a reasonable percentage for this de- velopment. He stated that most of the uses which would be located within this develop- ment would utilize a certain amount of outdoor storage. He then stated that the screening around the outdoor storage areas must harmonize with the architecture, design and ap- pearance of neighboring structures and other surroundings under these guidelines. Page C-2. No. 1 .0. Mayor Hawks suggested that the. fourth line in the intent statement be revised to read ". . . enhance this natural environment while creating a distinctive and creative coor- dinated commercial atmosphere of harmonious uses." Page C-2. No. 1 .4. Mayor Hawks suggested that the language in this section be revised to specifically 11-18-91 - 34 - • reference the planned unit development chapter of the zone code. Page C-4. No. 1 .7.2.1 fJ Responding to Commissioner Swanson, Mr. Kamp stated the words "including but not limited to" were included to provide the ability to interpret those specific uses listed, rather than being literally specific. He stated a willingness to delete those words if he can be assured that staff will be allowed to interpret the list of uses. Responding to the Mayor, Mr. Kamp indicated a willingness to accept the items which have been excluded from the list of permitted uses within the plaza. Commissioner Frost expressed concern about allowing day care centers as a condi- tional use within the planned unit development. Mr. Kamp stated a willingness to strike it from the list of permitted conditional uses. He noted that, given today's trend, the developer had considered allowing the in- stallation of a small day care for the use of those employed within the development. Commissioner Knapp suggested that, rather than striking this use, it may be more appropriate to revise it to provide for employee-oriented child care facilities. Commissioner Goehrung noted that .,under State law, child care facilities can be located anywhere. In response to Mayor Hawks, Mr. Kamp addressed the remainder those items which staff has recommended be deleted from the list of possible uses within the development. Mayor Hawks noted the importance of ensuring that any commercial uses allowed into this development be classified as low traffic generators. Responding to Mayor Hawks, Planner Skelton stated that the square footage of the business and the trip generations projected for that business are used in establishing whether the number trip generations is low, medium or high. Responding to Commissioner Swanson, the Planner stated that the first use located within this planned unit development does not qualify as a low traffic generator, rather it is between medium and high. Commissioner Swanson noted that graphically depicts the problem which he has had with this proposed development, noting that it includes a highly visible, highly promotional type business in a commercial node that should be attracting low traffic generators. Mayor Hawks suggested that the land use development guidelines should more strongly reflect that the allowed uses will be low traffic generators. Responding to the Mayor, the Commissioners indicated they would be satisfied with allowing commercial uses which meet specified ADT's that reflect low traffic generation. Responding to Mr. Dan Kamp, Planner Skelton indicated a willingness to work with him in developing the average daily trips to be included in this section of the guidelines. 11-18-91 '` • - 35 - • Page C-8. No. 2.2. Mayor Hawks suggested this section should reference Section 2.4. Page C-9. No. 2.2.4. ' Responding to Mayor Hawks, Mr. Dan Kamp stated the criteria are different from those listed under Section 3.2 on Page B-7 because they involve two different processes. Yl`p Mayor Hawks then noted that the second, item listed should be "overhang." Page C-20. No. 3.4.2.1 .J The Mayor noted that the spelling in the fifth line should be corrected to accurately reflect "roof overhang." �4 Page C-29. No. 3.15. -t2C • Commissioner Goehrung suggested that the prohibition of external speakers should be included in this section of the guidelines.. 47-� 'Page C-34. No. 4.1 .f Mayor Hawks suggested that the first line of that section be changed to read ". . high quality, compatible, contemporary architectural design . . ." Responding to Mayor Hawks, Mr. Kamp indicated the second line should read ". . . to be positively differentiated . . ." dot- ' Page C-35. No. 4.2.3 Mayor Hawks noted that the issue of scale seems to be well addressed in this sec- tion. Page C-40. No. 5.1 .5.D. Commissioner Frost asked if just the triangle at the southwest corner of the proper- ty is considered open space for the planned unit development. He noted that the County conditions for approval of the subdivision references the open space continuing to the north and around all of the lots. Mr. Dan Kamp indicated that is an error in this document that will be corrected prior to finalization. i 4 'L Page C-47. No. 5.2.7.2. Responding to Commissioner Frost, Planner Skelton stated this was included in. the March 8 letter, as an item which needs to be addressed. fl�L Page C-48. No. 5.2.7.2.2. r Responding to Commissioner Frost, Mr. Kamp indicated it may have been an over- sight that the northernmost property line was not addressed along with the remainder of the western boundary. He then requested a clarification of whether the zone code ade- quately addresses the issue, after which he indicated a willingness to correct that item. Planner Skelton suggested that Condition No. 18 could be expanded to include a landscape plan for the northern edge of the parcel, and possibly the western edge of the 11-18-91 • - 36 - • parcel as well. Page C-51 . No. 6.1 .2.1 , Commissioner Frost stated that if the business name is to be included on a direc- tional sign, then that sign should be a part of the overall signage allowed for that busi- ness rather than considered a directional sign. Mr. Kamp indicated a willingness to eliminate the business name. He then reiterat- ed his initial intent that to include the business name could eliminate confusion to the cus- tomers using these facilities. i Planner Skelton noted that the signage will be reviewed for each specific use. He noted that if it becomes apparent that it is important to include the name of the business on the directional signs, then the matter can be addressed through the deviation process. Mr. Kamp noted that the sign in the sketchbook is similar to what was approved for Billion Chrysler Mazda, with the business name being subordinate to the directional portion of the sign. The Planner noted that the sketch contained in the sketchbook requires a deviation. He stated the Commission must make that conscious decision if they wish to allow the type of signs set forth within the sketchbook to be encouraged within this planned unit devel- opment. Commissioner Frost stated he would support signage which meets the sign code; however, he feels each individual business should be required to seek a deviation if they so desire. C-54. No. 7.2.4. Commissioner Frost requested that language be added which specifically states that "lights where the luminaries are directly exposed to adjacent rights-of-way are prohibit- ed. C-55. No. 7.2. Commissioner Knapp suggested a section should be added to address sound contain- ment and odor containment. Mr. Kamp noted those issues are addressed in the nuisance section. He also noted that the issue of speaker systems could be addressed in that section as well, noting that i would fall under Section 3.17, which begins on Page C-31 . i Commissioner Knapp stated there are other sounds which should also require con- tainment, such as loud motors. Commissioner Frost stated he feels that Phase I of the planned unit development should be required to conform with these guidelines, before the guidelines for the entire PUD are approved. Mr. Dan Kamp noted that under approval of the original conditional use permit for 11-18-91 37 Billion Chrysler Mazda, it was specifically stipulated that it would ultimately comply with the final land use development guidelines for the planned unit development. The City Manager suggested that a finalized version of the land use development guidelines be created; and that no additional development would be allowed within the PUD until the first phase is brought into compliance. He cautioned that it is difficult to re- quire a development to be brought into compliance with a document which technically does not exist. Planner Skelton once again reiterated his willingness to work with Mr. Kamp to fi- nalize these guidelines, taking into consideration the concerns raised by the Commission in this public hearing. He then stated that, except for public comment on the lights, he has received no other comment during this process or the subdivision process. No one was present to speak in opposition to the requested conditional use permit. Mayor Hawks closed the public hearing. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission defer the decision on this Conditional Use Permit, requested by Joseph and Susan Billion, until after the applicant and staff have addressed the issues raised in the above discussion through revisions to the proposed guidelines for the Planned Unit Devel- opment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. i Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. , (1 ) Agenda for the DRC meeting scheduled for 10:00 a.m. on Tuesday, Novem- ber 19. (2) Agenda for the DRB meeting scheduled for 4:00 p.m. Tuesday, Novem- ber 19. (3) Announcement of an informational meeting to be conducted by the State De- partment of Health and Environmental Sciences at 7:00 p.m. on Thursday, November 21 , at the Chief Joseph Middle School, regarding the groundwater contamination near the Buttrey's Shopping Center. (4) Daily minutes for the County Commissioners for the week of November 4. (5) Minutes for the County. Commission meeting of November 12. (6) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on Tuesday, November 19. (7) Copy of a newspaper article entitled "Panel hears about need for medical in- 11-18-91 4� 2 THE CITY OF BOZEMAN 35 NO. BOZEMAN AVE. P.O. BOX 640 * _ • CARNEGIE BUILDING PHONE (406) 586-3321 ea BOZEMAN, MONTANA 59771-0640 TO: Dave Skelton, Senior Planner FROM: Craig E . Brawner, Assistant City Enginee RE: J.C. Billion Auto Plaza P.U.D. DATE : November 14, 1991 Pursuant to our November 11, 1991 meeting with Dan Kamp, Jerry Gaston, and Phill Forbes, I have reviewed the recommended conditions of approval #1 , #3, and #14 . It was generally agreed by all parties at the above-referenced meeting that detailing the stormwater drainage treatment and maintenance plan was both possible and desirable, and would insure the overall continuity and satisfactory function of the stormwater drainage and treatment plan for the entire P .U.D. It was also acknowledged that this approach could result in an overall economic savings, and preparation and review time savings at the subsequent site plan submittal stage for each individual lot. However, for clarity conditions #1 and #14 should be combined to read as follows: - That the applicant submit a stormwater drainage and detention plan for review and approval by the City Engineer' s office which: a. Establishes minimum building elevations which will afford each building site protection from a 100-year intensity storm event. b. Provides stormwater detention ponds sizing and discharge structures orifice sizing calculations, basin and discharge structure details, and discharge destination ( including any required drainage coarses) for the entire P.U.D. Please contact me if you have any questions . cc : Phillip J. Forbes, Director of. Public Service Dan Kamp, Cikan Architects Gerald Gaston, Gaston Engineering HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK MEMORANDUM ----------------------------------------------------------------- TO: BOZEMAN CITY COMMISSION FROM: DAVE SKELTON, SENIOR PLANNER RE: J .C. BILLION AUTO PLAZA P.U. D. - C.U.P. DATE: NOVEMBER 14, 1991 ----------------------------------------------------------------- Attached please find a memorandum from Craig Brawner, Assistant City Engineer , responding to a request by the Bozeman City-County Planning Board to clarify the conditions recommended by the Planning Office that : respon.ds to site surface drainage, storm drainage detention plans , and stormwater drainage/treatment plan and maintenance plan for the twenty-acre auto-related commercial J .C. Billion Auto Plaza P. U . D. (specifically conditions 1 , 3, and 14 of Resolution No. Z-91131 ) . As it was questioned by Mr. Dan Kamp , Cikan Architects, as to the need and where the conditions originated from during the Development Review Committee' s review of the proposed P. U . D. , both Mr. Dan Kamp and Mr . Jerry Gaston , met with myself, Phillip Forbes and Craig Brawner, to clarify the intent of the conditions. As a result of that meeting , Mr . Brawner has submitted a memo which recommends that condition 1 and 14 be combined , and rewritten as recommended in his memo dated November 14, 1991 . Furthermore, Mr. Brawner recommends that condition 3 is adequate and should remain as written . Resolution No. Z-91131 recommends conditional approval with eighteen ( 18) conditions as set forth by the Bozeman City-County Planning Board . Any consideration by the Bozeman City Commission of conditional approval of the conditional use permit application should include the recommendation by Mr. Craig Brawner , Assistant City Engineer. If you have any questions, don ' t hesitate to contact the Planning Office. DS/dps Attachment v CIKAN ARCHITECTS P.C. >A 544 East Mendenhall,Suite A,Bozeman,Montana 59715 • (406) 586 3624 Fax(406)586 3630 Craig Brawner Assistant City Engineer City of Bozeman P.ECEiVED BY BOZEMAN P.O.Box 771 CITY-COUNTY PLANNING OFFICE Bozeman, Montana 59771 k 14 d�R November 12, 1991 DATE Dear Craig: Regarding Dave Skelton's memo dated November 6, 1991, I just wanted to clarify the concerns I expressed at the Planning Board Meeting. They are as follows: 1: In reviewing the DRC memos attached to the Planning Staff report submitted to the Planning Board, It would appear that the staff conditions take on a much broader. scope than the memos from yourself or Phil Forbes. I wanted to confirm if these additional requirements came from your office after DRC action, or if they were added by Mr. Skelton. 2: In Mr. Skelton's memo, he states that I requested verification from your office on the conditions, when actually I was requesting from Mr. Skelton the origin of the extended conditions after DRC action. 3: I also would question the need for full drainage retention calculations prior to the submittal of individual site plan submittals as each proposal will vary greatly in terms of hard surface area, and therefore each project will have its own design and retention requirements depending on the use. I hope Mr. Skeltons memo did not imply that. I was questioning your earlier comments, only that I needed clarification of the procedures that had occurred. Thanks for your help in this matter. Sincerely, P_- --✓ _cc:Dav Skelton MEMORANDUM ----------------------------------------------------------------- TO: CRAIG BRAWNER, ASSISTANT CITY ENGINEER PHILLIP FORBES, DIRECTOR OF �PCUUBLIC SERVICE FROM: DAVE SKELTON, SENIOR PLANNER -' RE: J .C. BILLION AUTO PLAZA P.U. D. DATE: NOVEMBER 6 , 1991 ----------------------------------------------------------------- Attached please find the conditions of approval recommended by the Bozeman City-County Planning Office regarding the application for a conditional use permit by Joseph and Susan Billion for the J . C. Billion Auto Plaza P. U . D. Also find a copy of written-review comments, dated October 16 , 1991 , from the Planning Office which the Development Review Committee discussed to establish recommended conditions of approval for the proposed P. U . D. At the November 5 , 1991 , regular scheduled meeting of the Bozeman City-County Planning Board , a public hearing was held to consider the proposed J .C. Billion Auto Plaza P. U . D. The Planning Board , upon questioning of the applicants ' consultant, Mr. Dan Kamp, Cikan Architects, requested verification of conditions 1 , 3 , and 14 , from the Director of Public Service and Assistant City Engineer . As a result, the Planning Office respectfully requests that a meeting be scheduled at the earliest time possible to discuss the referenced conditions. It may be appropriate that Mr . Dan Kamp participate in the meeting as well . None the less, a memorandum is requested from your office , to be distributed to the Bozeman City Commission verifying the necessity of the three conditions. Please note, the Bozeman City-County Planning Board did not necessarily question the grounds or need for the conditions, but only written verification for acknowledgement by the applicants, their consultants, and the Bozeman City Commission . Thank you for your assistance with this project. DS/dps Attachments cc: Dan Kamp, Cikan Architects Jerry Gaston , Gaston Engineering & Surveying Joe Billion , Developer • 1a RESOLUTION NO. Z-91131 RESOLUTION OF THE BOZEMAN CITY-COUNTY PLANNING BOARD RECOMMENDING CONDITIONAL APPROVAL OF APPLICATION NO. Z-91131 FOR A CONDITIONAL USE PERMIT TO DEVELOP A TWENTY-ACRE AUTO-RELATED COMMERCIAL PLANNED UNIT DEVELOPMENT IN A "R-O" , RESIDENTIAL-OFFICE DISTRICT , ON PROPERTY DESCRIBED AS BEING LOCATED IN THE EAST ONE-HALF .OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 9 , TOWNSHIP 2 SOUTH , RANGE 5 EAST , P.M.M. , GALLATIN COUNTY , MONTANA ----------------------------------------------------------------- WHEREAS , the City of Bozeman and the Gallatin County Commissions have adopted a Master Plan pursuant to 76-1-604 , M. C . A. , 1981 ; and WHEREAS , the Bozeman City-County Planning Board has been created by Resolution of the Bozeman City Commission as provided in T.itle 76-2-307 , M. C. A. , 1981 , and a jurisdictional area created under 76-2-310 , M. C. A. , 1981 ; and WHEREAS , the Bozeman City-County Planning Board has been I designated by the City Commission to serve as the Bozeman Zoning Commission ; and WHEREAS , the proposed Conditional Use Permit application has been properly submitted , reviewed , and advertised in accordance with the procedures of Section 18. 52 . 020 , and 18 . 52 . 030 , of the City of Bozeman Zoning Code; and WHEREAS , the Bozeman City-County Planning Board held a public hearing on November 5 , 1991 to receive and review all written and oral testimony on the request for a Conditional Use Permit for a Planned Unit Development ; and WHEREAS , the Bozeman City-County Planning Board finds that the application complies with each of the approval criteria established in Section 18 . 54 of the Bozeman Area Zoning Code . NOW, THEREFORE , BE IT RESOLVED that the Bozeman City-County Planning Board recommends to the Bozeman City Commission that the application for a Conditional Use Permit to develop a twenty-acre auto-related commercial planned unit development in a "R-O" , Residential -Office District, on property described as being located in the Southeast One-Quarter of the Southeast One-Quarter of Section 9 , Township 2 South , Range 5 East, P. M.M . , Gallatin County , Montana , be conditionally approved with the following conditions : 1 1 C 1 . That the applicants submit established building elevations and 100-year storm ponding capacity calculations for the entire planned unit development, being Exhibit ."B" , for review and approval by the City Engineer ' s Office , and that Exhibit "B" be attached to the land use development guidelines prior to Final P. U. D. approval ; 2 . That as-built plans and specifications of the private community water and sanitary sewage system be submitted to the City Engineer' s Office and Superintendent of Water/Sewer to assure future compatibility with the City of Bozeman infrastructure; 3 . That the applicants submit a stormwater Drainage/Treatment Plan and Maintenance Plan for the planned unit development for review and approval by the City Engineer' s Office prior to Final P. U. D. approval ; 4 . That off-street parking and loading areas not be allowed to be within twenty-five feet ( 25 ft. ) of any property line fronting a dedicated street, and that it be noted as such in the guidelines prior to Final P. U . D. approval ; 5 . That the protective covenants add Section 5 . 15 which recognizes that the property owners association is responsible for maintenance and repair of all right-of-way improvements, including pavement, curb, gutter , sidewalk and exterior lighting prior to Final P. U . D. approval ; 6 . That the protective. covenants add Section 5 . 16 which recognizes that the property owners association is responsible for maintenance and repair of the private community water and sanitary sewage facilities prior to Final P. U . D. approval ; 7 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 1 - Auto- related Uses , exclude the wording : " including but not limited to" , and that the land use development guidelines reflect it accordingly prior to Final P. U . D. approval ; 8. That the permitted uses listed in Section 1 . 7 . 2 . 1 . 2 - Business Park Uses , exclude medical clinics , hospitals , banks and financial institutions , trade schools , and any use approved as part of a planned unit development , and that the land use development guidelines reflect it accordingly prior to Final P. U. D. approval ; 9 . That the permitted uses listed in Section 1 :7 . 2 . 1 . 3 - Light Manufacturing and Assembly be approved as proposed ; 10. That the permitted uses listed in Section 1 . 7 . 2 . 1 . 4 - Commercial Uses, exclude the wording : " including but not limited to" , and that the land use development guidelines reflect it accordingly prior to Final P. U . D. approval ; l 2 11 . That Section 2 . 0 - Approvals and Submittals , Section 3 . 0 -Site Planning Guidelines , Section 5 . 0 - Landscape Guidelines of the development guidelines be revised as recommended by the staff report and correspondence with Mr . Dan Kamp, dated March 8, 1991 , and that the revised guidelines be reviewed and approved by the Planning Staff prior to Final P. U. D. approval ; 12 . That Section 4 . 0 - Architectural Guidelines of the development guidelines expand on the applicants ' definition of "contemporary" as outlined by the staff report, include a "palette" of materials, "quality" of buildings , specific architectural elements and treatment, dominant elements other than architectural , and control of building bulk and scale, and that it be reviewed by the Planning Staff and Design Review Board prior to Final P. U . D. approval ; 13 . That the Bozeman City, Commission be made a party to any revisions or modifications to the land use development guidelines and protective covenants for the planned unit development; 14 . That the applicants submit a storm drainage detention plan for the entire planned unit development based upon a ten-year storm event, for review and approval by the City Engineer ' s Office prior to Final P. U . D. approval ; 15 . That the applicants submit to the City Engineer ' s Office , in triplicate , a report on the monitoring of water discharge from the private community sanitary sewage system on an annual quarterly basis beginning with January , 1992 ; 16 . That the applicants submit to the City Eng.ineer ' s Office and Planning Office , in triplicate , a written statement identifying all potential nuisances that may arise from each land use activity and provide a plan for the acceptable handling , disposal or remedy of those nuisances prior to issuance of a building permit for each land use activity ; 17 . That seven ( 7 ) copies of the J . C. Billion Auto Plaza, Land Use Development Guidelines and Master Site Plan , containing all the conditions , modifications, and corrections approved by the Bozeman City Commission , be submitted for review and approval by the Planning Director within six ( 6 ) months of the date of City Commission approval of the application for a conditional use permit; and 18 . That the applicants submit a landscape plan for review and approval by the Planning Office and Design Review Board , buffering the auto-related commercial uses from Cottonwood Road prior to final P. U . D. approval , and that each individual site submittal respond to the landscape buffer plan during the site plan review process for each individual lot. t J DATED THIS 5th day of November, 1991 . Resolution No. Z-91131 Andrew C. Epple , erector Ellen Krieghbafdm, Acting City-County Planning Office President, City-County Planning Board 4 BOZEMAN CITY-COUNTY PLANNING BOARD STAFF REPORT ----------------------------------------------------------------- ITEM: ZONING APPLICATION NO. Z-91131 -- AN APPLICATION FOR A CONDITIONAL USE PERMIT TO DEVELOP A 20-ACRE AUTO- RELATED COMMERCIAL PLANNED UNIT DEVELOPMENT ON PROPERTY ZONED "R-O" , RESIDENTIAL-OFFICE DISTRICT APPLICANT: JOSEPH AND SUSAN BILLION 1919 WEST MAIN STREET BOZEMAN , MONTANA DATE/TIME: TUESDAY, NOVEMBER 5 , 1991 , AT 7 : 00 P.M. , IN THE MEETING ROOM OF CITY HALL , 411 EAST MAIN STREET , BOZEMAN , MONTANA REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ----------------------------------------------------------------- Location/Description The subject property is described as being located in the East One-Half of the Southeast One-Quarter of' the Southeast One-Quarter of Section 9 , Township 2 South, Range 5 East, P. M.M. , Gallatin County , Montana. It is more commonly located approximately one mile west of the City of Bozeman at the northwest corner of the intersection of U . S. Highway No. 191 and Cottonwood Road . Please refer to the location map below. RS O PL 11 M�mr .::: R'0, P 3: C. Billion Us 191 A '6 Plaza North 16 15 � 42 cc I STUCKY ROAD Proposal The applicants, Joseph and Susan Billion , propose to develop approximately twenty ( 20) acres of land into an auto-related commercial planned unit development, consisting of ten ( 10 ) commercial lots. The developers have recently constructed the 20 , 000 sq . ft. J .C. Billion Mazda auto dealership on the subject property and would be the anchor tenant of the proposed planned unit development. The subject property, until recently, has been used for agricultural purposes . Baxter Creek, a designated stream corridor , flows through the southwest corner of the proposed planned unit development. Access to the property would occur via the extension of Cottonwood Road , north of U . S. Highway No. 191 , which would tie into an interior road system to provide direct access to each individual commercial lot. Background The Bozeman City Commission , on May 28, 1991 , conditionally approved an application for a Conditional Use Permit to construct the existing 20 , 000 sq . ft. auto dealership as a single-use planned unit development. Approval of the auto dealership was based upon the understanding that prior to construction of a second structure on the subject property, review and approval of the subdivision and planned unit development for the remaining twenty acres must be reviewed and approved by the governing bodies. The Bozeman City Commission , with approval of the auto dealership, has already conceptually approved the proposed auto plaza planned unit development. The applicants have already installed a large portion of the required on-site improvements typically mandated through preliminary subdivision plat review and approval . A majority of the public roads and private community domestic water and sanitary sewage facilities have been reviewed by the appropriate State and County agencies and installed accordingly. In order for the proposed auto-related commercial planned unit development to fulfill the prerequisites necessary to proceed with the project, it was also necessary that the applicants process a preliminary subdivision plat application before the Bozeman City- County Planning Board and Gallatin County Commission . The Gallatin County Commission conditionally approved the preliminary subdivision plat for ten ( 10 ) auto-related commercial lots on Tuesday, October 15 , 1991 , with sixteen attached conditions . A copy of the conditions of approval are attached as Attachment "A" . 2 Land Use Classification The Land Use Classification Map of the 1990 Bozeman Area Master Plan Update designates the subject property to develop as Public Open Space, Rural Residential and Suburban Residential . The Public Open Space designation identifies Baxter Creek as part of a network for linear parks and trails throughout the jurisdictional area and beyond which illustrate the community' s expressed desire for a wide range of outdoor recreation activities in natural settings. The intent of the Rural Residential designation is to designate areas outside the Urban Growth Area which will be encouraged to remain undeveloped and in agricultural production . Residential development will be held to maximum gross density of one dwelling unit per twenty (20) acre; however , higher densities will be permitted to encourage land reassemblage and cluster development. The intent of the Suburban Residential designation is to permit the subdivision of land at a variety of densities while insuring an overall density and configuration of development that will accommodate the extension of urban services at an affordable cost to each dwelling unit. Commercial uses within residential designated areas may occur if the development is sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood , and specific guidelines have been satisfied . The following two guidelines will influence the siting of commercial uses: 1 . Commercial uses will be located only at the intersections of arterial streets, or arterial and collector streets where appropriate. 2 . Professional offices , retail and service commercial uses may be permitted in commercial centers, but only at a development scale compatible with residential development. The 1990 Bozeman Area Master Plan Update designates the surrounding area to develop as follows: North - Public Open Space , Rural Residential and Suburban Residential South - Public Open Space and Commercial East - Suburban Residential West - Rural Residential 3 Zoning ' The Bozeman Area Zone Map designates the subject property as "R-O" (Residential-Office District) . The intent of the "R-O" district is to provide for and encourage the development of professional offices, business headquarters, and compatible multi- family and apartment development that would blend with adjacent land uses . Any use approved as part of a planned unit development by receiving a conditional use permit may also be permitted. The zoning designations in the surrounding area are: North - "A-S" (Agriculture-Suburban District) South - "A-S" (Agriculture-Suburban District) East - "BP" (Business Park District) West - "R-0" (Residential-Office District) and "A-S" (Agriculture-Suburban District) Staff Findings The applicants have submitted a master plan for the proposed J . C. Billion Auto Plaza P. U . D. which represents a long range master plan to develop the entire twenty acres with an ability to accommodate ten ( 10) auto-related commercial lots . The proposed planned unit development was submitted to the Planning Office under the 07/02/90 Interim Zone Code. As a result, the application for a conditional use permit to development the P. U . D. will be reviewed against the planned unit development criteria set forth in Chapter 18. 54 of the Interim Zone Code . Section 18. 54. 020 of the Interim Zone Code establishes thirteen community objectives which must be considered in the review of applications for Planned Unit Developments. The following comments provide a brief summary of the Planning Staff' s review of the thirteen community objectives as they relate to the applicants proposal . Comments from local and state agencies have been incorporated into the Staff ' s review. A . To ensure that future growth and development occurring within the zoning jurisdiction of the City of Bozeman is in accord with the City' s adopted Master Plan , its specific elements and its goals , objectives and policies. As noted earlier, commercial uses may develop in the Rural Residential and Suburban Residential land use classifications by satisfying two specific criteria. First, it must be located at the intersections of arterial streets, or arterial and collector streets. The proposal is located at the intersection of two arterial streets. Secondly , service commercial uses may be permitted in commercial centers, but only at a development scale compatible with residential development. 4 The applicant has submitted a narrative which incorporates the use of Land Use Development Guidelines, architectural and landscape guidelines, and architectural sketchbook that attempts to respond to how the proposal is compatible with residential development. B. To encourage innovations in land development and redevelopment so that greater opportunities for better housing, recreation , shopping and employment may extend to all citizens of the Bozeman area. The applicants ' submittal recognizes the importance of two elements of the 1990 Bozeman Area Master Plan Update which they have attempted to incorporate into the P. U . D. master plan . First, the applicants have worked with the Montana Department of Fish , Wildlife & Parks to implement a creek enhancement program for Baxter Creek that would not only serve as an amenity for the P. U. D. , but also the community . Secondly , the applicants have set the stage to participate in implementing a linear trail system through the area by providing a wavier of right-to-protest participation in a community trail system. Goal #9 - A. ENVIRONMENT, AESTHETICS AND NATURAL RESOURCES of the 1990 Master Plan Update identifies the need to "promote and encourage aesthetically-pleasing cluster development on the approaches to the City . " A primary objective to Goal #9 is to permit highway business only when clustered in planned commercial centers or other compact commercial nodes . The applicants submittal is attempting to address the objective of Goal #9 . C. To foster the safe, efficient and economic use of land and transportation and other public facilities. Mr. Tom Kingma, Chief , Rae Voluntary Fire Company , comments that the rural voluntary fire company does not have the man power and equipment to protect a project of this size. Mr . Kingma recommends that an on-site fire protection plan be implemented that would include: 1 . Adequate supply of water for fire suppression . 2 . Partitioning of building with fire barrier materials. 3. Sprinkler system throughout all buildings . 4. An alarm system that is linked with the Gallatin County dispatcher . The applicants have responded to Mr. Kingma' s concern regarding adequate fire protection by installing an on-site f i re protection pump house that w i 11 not only provide domestic water , but also a fill site for the Rae Volunteer Fire Company. The Fire Company has inspected the on-site fire 5 protection facility and have found that it is more than adequate for the requirements of their present equipment (please refer to attachment "B" , dated September 9 , 1991 ) . D. To ensure adequate provision of public services such as water , sewage , electricity, open space and public parks. The applicants have installed an on-site private community domestic water and sanitary sewage treatment system for the majority of the proposed planned unit development. The remaining north portion of the development would be completed in the spring of 1992 . The applicants have already received review and approval from the County Sanitarian and Montana Department of Health and Environmental Sciences for that portion of the facilities already installed. Because the subject property is partially inside the urban growth boundary it will be necessary to design the private on-site facilities with an ability to be eventually connected to City services when appropriate. The Public Open Space and Trials committee (P.O. S.T . ) has reviewed the application as it responds to the open space/trail corridor designated along Baxter Creek. As a result of the Board ' s review, the applicants have provided the appropriate waivers to assure their participation of a trail system through the area at such time that the community implements the trail system along U . S. Highway 191 and/or Baxter Creek . Through the preliminary subdivision plat review process, the applicants will also be required to provide the necessary "public access easement" , being fifteen ( 15 ) feet wide, across the subject property to assure public access. E . To avoid inappropriate development of lands and to provide adequate drainage and reduction of flood damage. Based upon the amount of impervious surface associated with the auto-related commercial uses, storm drainage sizing calculations and outfall details must be reviewed and approved by the City Engineering Office prior to construction of any structures. This will include the sizing and location of on- site retention basins and location of oil separation facilities. The applicants have included in the P.U . D. land use development guidelines a 100-year storm drainage plan that will be reviewed by the City Engineer ' s Office as part of this process, and will part of any. recommendation of approval of the application . Mr. Gordon J . Hill , District Conservationist, Bozeman Soil Conservation Service Field Office, has commented that from a soils standpoint the subject area is a very poor location for commercial development. The soils have severe limitations for building sites , road improvements and septic tank drainfields. 6 Mr. Hill recommends extensive work on implementation of a drainage system to lower the water table , require the water table to be monitored downstream from the project, and that the storm detention area adequately address treatment of petroleum products. The Montana Department of Health and Environmental Sciences, Water Quality Bureau , presently requires that these items be adequately addressed as part of their approval of the project. F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, through reducing traffic congestion and degradation of the existing air quality. The intent of the applicants' master plan is to consolidate a number of commercial uses in such a manner as to make them readily accessible from a major arterial , and at the same time avoid undesired strip development along the frontage of U . S. 191 . The applicant is in the opinion that the proposed clustering concept developed in the P. U . D. master plan is the community' s solution to strip development. The Montana Department of Highways and Gallatin County Road Office have approved the location of Cottonwood Road north of U . S. ' 191 such that it generally aligns with the existing Cottonwood Road to the south . In their preliminary review of the project, both agencies considered the need for acceleration - deceleration lanes on U .S. Highway 191 . However, with the anticipated future improvements to U. S. Highway 191 , only a decel lane is required at this time . The Gallatin County Road Office will require that Cottonwood Road be constructed within a dedicated road right-of-way , but owned and maintained by the developer. A temporary cul-de-sac must be provided at the end of Auto Plaza Drive and Competition Drive . G. To promote the use of bicycles and walking as effective modes of transportation. Although no existing pedestrian or bicycle pathways exist in the area, the applicants have made the provision of a path along U . S. Highway 191 and Baxter Creek to accommodate future improvements to a linear trail system in the area. Because the applicant' s proposal anticipates a variety of auto-related commercial uses which may offer support facilities (e. g. car washes, health club etc . ) a pedestrian sidewalk system is also proposed along both sides of Auto Plaza Drive and Competition Drive. 7 H . To reduce energy consumption and demand. One of the objectives of Goal #1 - ENERGY AND RESOURCE CONSERVATION of the 1990 Master Plan Update is to "encourage residential development within walking distance of employment, shopping and recreation areas. The applicants' submittal does not propose any residential development as part of the proposed planned unit development. I . To minimize adverse environmental impacts of development; and to protect special features of the geography. As noted earlier, the applicants, with the assistance of the Montana Department of Fish , Wildlife & Parks, have implemented a creek enhancement program for Baxter Creek . Furthermore, the land use development guidelines for the P.U. D. establish an additional 15-foot setback from the already required 35-foot stream setback along Baxter Creek . The necessary 310 Permits for improvements to Baxter Creek have also been acquired from the Dept. of Fish , Wildlife & Parks, and the Soil Conservation Service. As noted earlier , site surface drainage plans will be required to be submitted to the City Engineer' s Office to assure adequate treatment of the property' s storm drainage. J . To improve the design , quality and character of new development. The applicants have submitted land use development guidelines which include architectural and landscape guidelines to control the development of the planned unit development. An architectural sketchbook which depicts the "theme" that the developers are attempting to accomplish is also provided . The Planning Staff will respond in more detail as it relates to the guidelines later in the Staff Report. The intent of the "R-O" residential-office district is to provide for and encourage the development of professional offices, business headquarters, and compatible multi-family and apartment development that would blend well with adjacent land uses. The applicants ' proposal suggests that the large open-space ratio of the property is the theme which sets forth compatibility with adjacent land uses. The Planning Staff questions whether or not the " large open-space ratio" is a valid effort by the applicant to address compatibility with the surrounding area throughout the remaining phases of the master plan . 8 K. To encourage development of vacant properties within developed areas . The subject property does not encourage the development of vacant properties within developed areas. L . To protect existing neighborhoods from the harmful encroachment of newer , incompatible developments. The surrounding property is generally vacant agricultural land . The 1990 Master Plan Update designates the surrounding area north of U. S. Highway 191 to develop as Rural Residential and Suburban Residential . The review and approval of land use development guidelines for the subject property should insure that the commercial planned unit development would not severely impact future residential development in the area. However, it is imperative that the land use development guidelines adequately define how the planned unit development will be controlled such that the commercial activities will not detrimentally affect the adjacent land uses. M. To promote logical development patterns of residential , commercial , office and industrial uses that will mutually benefit all parties. The 1990 Bozeman Area Master Plan Update has established two general guidelines for commercial development in an area designated for residential growth. The application satisfies the first criteria because it is located at the intersection of two arterial streets (U . S. 191 and Cottonwood Road) . The applicants propose to respond to the second criteria through land use development guidelines for the proposed auto-related commercial planned unit development such that the project will develop at a scale compatible with residential development. PLANNED UNIT DEVELOPMENT GROUP CRITERIA As required by Section 18. 54 . 100 of the 07/02/91 Interim Zone Code any proposed planned unit development proposal must be found to be in compliance with community design objectives and criteria of the Planned Unit Development Ordinance of the City of Bozeman . All Development Criteria All land uses within a planned unit development proposal shall be reviewed against, and comply with , the applicable objectives and criteria of the "All Development" category. The "All Development" group establishes forty-two (42 ) criteria that must be satisfied for any proposed planned unit development. The applicant' s submittal generally complies with the "All Development" P. U . D. group criteria. 9 Group No. 4 - Auto-Related and Independent Commercial Uses The appropriate P. U . D. group criteria for this application is Group No. 4 - Auto-Related And Independent Commercial Uses , which identifies retail and wholesale commercial activities that are generally considered and typically found along highways and arterial streets. In reviewing the applicant's response to the Required Criteria and Variable Criteria, Development Group No. 4, it appears that the proposed planned unit development would satisfy two of the three criteria set forth under the Required Criteria. However, based upon the Staff ' s review of the Variable Criteria, the proposed P. U . D. would not earn at least 50% of the maximum points required. This is a result of criteria "F" which reads: F. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten ( 10) spaces? The applicant has excluded this criteria from the maximum points calculated ; however, it would be appropriate to consider this as part of the auto-related commercial planned unit development as it encourages shared parking between uses and further limits the access points onto the internal road system. Six additional points should be added to the maximum applicable points . The Planning Staff' s adjustment of the maximum applicable points based upon variable criteria "F" would be 42 points. Readjustment of the points earned by the planned unit development would still be 20 points ; however, it is only 47 . 6% of the calculated maximum points. As a result, this application does not earn at least 50% of the maximum points as calculated from the variable criteria listed. Development Review Committee The Development Review Committee has reviewed the application for a conditional use permit to develop an auto-related commercial planned unit development, and as a result provide summary comments of their review. The majority of the Development Review Committee ' s concerns have already been addressed with the review of the preliminary subdivision plat which was recently approved by the Gallatin County Commission . Copies of written comments received by the Development Review Committee during their evaluation of the subdivision are attached (Attachment "C" ) . Mr . Fred Shields, Superintendent of Water, requests that all water and sanitary sewer plans be reviewed by his office to assure that the proposed on-site private systems will have the capability to connect to the City of Bozeman infrastructure at the appropriate time in the future. 10 Mr. Ron Brey, Assistant City Manager, comments that the community sewer and water systems should be designed in such a fashion as to accommodate eventual hook-up to City services. The applicant should anticipate a requirement for waiver of right-to-protest annexation and/or a requirement for hook-up to city services when they are within a specified distance from the development. The applicants have provided the necessary waiver of right-to-protest annexation to the Planning Office . Mr. Dan Figgins, Fire Marshall , is concerned with the capability of Rae Volunteer Fire Company to provide adequate fire protection to the commercial center , as a volunteer fire company' s primary function is to provide fire protection for rural residential development. Mr. Figgins recommends that the developer submit an on-site fire protection plan for review and approval by the Rae Volunteer Fire Company and City Fire Marshall . Mr. Phillip J . Forbes , Director of Public Service recommends that the developers monitor the water discharge from the private community sanitary sewage system and provide documentation to the City Engineer's Office on a annual quarterly basis . Mr. Forbes further notes that the City of Bozeman should be made party to any documentation , in triplicate , required of each land use regarding obtrusive nuisances and hazardous waste. Mr . Forbes again emphasized his concern during review of the subdivision application regarding responsibility of the disinfectant chlorination facility for domestic water supply . However, he is of the opinion that it has been adequately addressed with the condition stated in the preliminary subdivision plat approval . Mr . Craig Brawner , Assistant City Engineer, notes that the storm drainage detention plan for the entire planned unit development was based upon on a five-year storm plan and should instead be based on a ten-year storm event. Mr. Brawner also recommended that even though the City Engineer ' s Office does not require "dry" automotive work bays, instead of wash down bays, the guidelines should still encourage or recommend "dry" work bays with auto-related uses. Bozeman Planning Office The Planning Staff has itemized a number of sections of the land use development guidelines which must be responded to. These items are listed later in the staff report. The Development Review Committee supports the concept of the auto-related commercial planned unit development and also recommends conditional approval of the applicants' request for a conditional use permit. As a result, the appropriate conditions of approval have been provided in the conclusion of the Staff 11 Report. The Development Review Committee further states that support of the proposed planned unit development is based upon the understanding that the D. R.C. will again have the opportunity to review each project through the Site Plan Review process. Design Review Board The subject property is located along the U . S . Highway 191 /West Main Street Entryway Corridor to the City of Bozeman . As a result, the application must be reviewed by the Design Review Board . The Design Review Board , during review of the 20 , 000 sq . ft. auto dealership , dedicated considerable time to evaluating the land use development guidelines for the proposed planned unit development. Although the D.R. B. supported the concept of the guidelines, the Board commented that the guidelines are vague and not clear as to where they would lead . It was recommended that the sketchbook expand on specific guidelines in order to guarantee the high quality of structures proposed within the P. U . D. Recommendations also included: a "palette" of materials, a clearer definition of "contemporary" architecture, identify specific elements or facade treatment to establish a P. U . D. architectural theme throughout the project, and expand on the narrative to avoid subjective interpretation of the guidelines in the future (please refer to the attached copies of the D.R. B. minutes, Attachment D' ) . The Planning Staff attempted to schedule the present application before the D.R . B. so those members who previously reviewed the guidelines would also have the opportunity to again comment on the formal submittal of the land use development guidelines. However, only one previous member was able to attend the public meeting . As a result, the D. R. B. voted 2-1 , to recommend that the land use development guidelines be approved as submitted to the Planning Office. The decision was based upon the understanding that the D. R . B. would have the opportunity to again review each specific project of the P. U . D. as it is processed through the Site Plan Review procedures . P. U . D. LAND USE DEVELOPMENT GUIDELINES The Planning Staff has reviewed the proposed P. U . D. Land Use Development Guidelines , and as a result provide comments below. The majority of the Staff ' s comments are similar to those identified during the review of the conditional use permit application for the 20 , 000 sq . ft. auto dealership. Attached to the Staff Report is a copy of correspondence with Mr . Dan Kamp, Cikan Architects, P. C. , dated March 8 , 1991 , which outlines the Planning Staff ' s concerns (please see attachment "E" ) . A number of the concerns identified by Staff have not been satisfied with the guidelines submitted with this application . 12 Protective Covenants - Section "B" Section 3 . 3 - Refers to established building elevations and 100-year storm ponding capacity for the planned unit development in the attached Exhibit "B" . Exhibit "B" has not been submitted for review and approval by the City Engineer' s Office , nor is it attached to the guidelines . The guidelines should further state that any revisions to Exhibit "B" should include written review and approval from the City Engineer ' s Office . Section 3 . 8 - All on-site improvements should be installed according to the requirements set forth in the provisionally adopted Zoning Ordinance, 08/19/91 . Section 4. 1 - States that off-street parking spaces may be located within fifteen ( 15 ) feet of a property line fronting a dedicated street. No structures, including off-street parking spaces are permitted within 25-foot front yard setbacks. The guidelines must be revised accordingly. Section 4 . 2 - States that no improvement of any kind shall be permitted to be constructed closer than fifteen ( 15 ) feet to the easement established for creeks and waterways and should specifically clarify that it is in addition to the 35-foot stream setback required by the zoning ordinance. Section 5 . 1 - This section, as well as others , makes reference to certain areas of the P. U . D. being assigned land use designations as listed in Section C-1 . 7 . 2 . Section C-1 . 7 . 2 . 2 makes reference to prohibited uses rather than areas of the planned unit development assigned land use designations. This must be clarified for review and approval by the Planning Staff . Two additional sections should be provided in the guidelines which address the responsibility of maintenance and repair of all improvements within public right-of-way ( i .e. , road , curb, gutter, sidewalk , lighting - Section 5 . 15 ) , and maintenance and repair of the private community infrastructure ( i .e . , domestic water and sanitary sewage - Section 5 . 16 ) . These responsibilities should be tied to the property owners association. Development Guidelines - Section "C" Section 1 . 7 . 2 . 1 - Since the concept of the proposed J .C. Billion Auto Plaza P.U . D. was first reviewed , the list of permitted uses has changed considerably. The present application for a conditional use permit includes not only auto-related uses, but also business park uses , light manufacturing and assembly , and commercial uses. Keeping in 13 mind the intent of the "R-O" , Residential-Office District, and the 1990 Bozeman Area Master Plan Update, limited commercial development may occur in designated residential areas such that the activities proposed would not detrimentally affect the adjacent land uses. This would suggest that the proposed permitted land uses should promote low traffic impacts , eliminating traffic generations commonly found with large retail , institutional and medical uses ( i .e. , medical offices , shopping center , banks, hospitals , schools) . The P. U. D. guidelines propose four categories of permitted land uses: 1 . Auto-Related Uses - Although a number of the proposed uses are questionable, this category is generally the most appropriate of the four categories. However, any reference that may suggest additional uses under this category, specifically the wording " including but not limited to" should be eliminated. 2 . Business Park Uses - The proposal for high-tech and light manufacturing uses which are completely enclosed, could be considered appropriate for the P. U. D. However, medical clinics , hospitals, banks and financial institutions , trade schools, and any reference to "other uses as part of a planned unit development" should be excluded as permitted uses allowed in the P.U . D. 3 . Light Manufacturing And Assembly - With the implementation of architectural and landscape guidelines for the proposed P.U . D. , the land uses proposed under this category could be considered appropriate. However , due to the building types common with such uses, the architectural guidelines for the P. U. D. will play an important role in controlling any visual impact on the surrounding area. 4. Commercial Use - Of the four categories, the proposed commercial land uses appears to be the most ambiguous as it relates to the intent of limited commercial development in the subject area. Making reference to " low traffic-generating retail uses" and " including but not limited to" suggests a very subjective list of permitted land uses. The proposed list as written could allow consideration of large retail outlet stores, "promotional " type retail stores, as well as other land uses that encourage a "busy" cliental of patrons. Of the proposed uses , medical emergency services, medical equipment sales and essential services appear to be the only three land uses which specifically encourage low 14 traffic impacts . It would be appropriate for the applicants to consider a revised list of proposed uses which expands on what is intended as " low traffic- generating retail uses, including but not limited to" . Section 2 . 7 . 1 - The City of Bozeman review process is set forth in Chapter 18. 52 - Site Plan Review. This section should specifically reference the Site Plan Review process established in the Zoning Ordinance. Section 3. 9 . 2 - Sidewalk linkages between on-site and perimeter pedestrian circulation system should be supported by a short narrative and sketch(s) which reflect what is to be accomplished and how. There is potential to pull the P. U . D. theme together with such linkages serving as focal points within the project. Section 3 . 17 . 2 - A copy of the required written statement identifying all potential nuisances or a statement that no potential nuisances are related with a specific land use should also be provided to the Planning Office and City Engineer's Office . Section 4. 2 . 2 - The initial review of the guidelines by the D. R. B. cautioned against the narrative being too open to interpretation . To avoid subjective review of each specific project within the proposed planned unit development, it was recommended that the applicants provide a written narrative that expands on defining what is meant by "contemporary" forms and materials. As noted by the D. R. B. during review of the auto dealership, the Board recommended that the following guidelines be incorporated in the narrative and sketchbook to support the concept, of "contemporary" : 1 . A "palette" of materials or "qualities" of the buildings that guarantee the high quality of all structures. 2 . Identify specific elements of architectural treatment ( i .e. , facades, entryway , fenestration) , using a narrative and sketches, that allow the elements to carry a specific "theme" throughout the planned unit development. 3 . Propose dominant elements other than architecture , such as lighting, sidewalk linkage , and signs, to maintain continuity throughout the P. U . D. and provide focal points or points of interest throughout the project. The Planning Staff further recommends that the narrative should expand on establishing how the bulk and scale of 15 each structure would be controlled. This refers not only to how each individual structure relates to one another , but also how the proposed activities would not detrimentally affect adjacent land uses. Section 5 . 1 . 5 - This section refers to a Landscape Plan attached to the guidelines as Exhibit "D" ; however , it has not been provided . A landscape plan for all open space areas should be attached to the guidelines and submitted for review and approval by the Planning Staff . Section 5 . 2 . 2 - A weed control plan for all common areas, in addition to unimproved lots, should be include in this section , as well as in the covenants. Section 5 . 2 .4 - This section suggests street frontage landscaping consistent with the Zoning Ordinance and the site plan for the Billion auto dealership, but does not specify the landscape requirements. Because the street frontage landscape is crucial to the overall visual impact of the planned unit development, specific landscape requirements must be provided in the guidelines. Again this section makes reference to Exhibit "D" , but is not included in the guidelines. Section 5 . 2 . 7 - The guidelines for interior property lines and north extreme of the property require either shrub and/or tree plantings. Both should be required for each land use activity. It further states that the P. U . D shall address the differences in use by additional plantings in accordance with the Bozeman Zone Code. The Zoning Ordinance does not address this ; however, the guidelines should establish specific landscape requirements. Review and Approval Process - Section "D" This section of the land use development guidelines has provided an example of an application form for Site Plan Review of each specific project with the attached submittal requirements. The guidelines should provide an updated version of the application form along with the most recent example of the boilerplate improvements agreement required of each project. Design Sketchbook - Section "E" Signs: The examples of signage provided in the L. U . D.G. provide non-conforming traffic directional signs that also serve as business signs , which is not appropriate. The j sketches illustrates deviations that were granted the auto dealership, and not the entire planned unit 16 development. However, the sketches do suggest low- profile monument signs. If this is in fact the case, the sketches should expand on illustrating a possible theme for all signs throughout the planned unit development. The guidelines have not taken advantage of using sign types, styles, materials and color to compliment a "contemporary" auto-related commercial P. U. D. A narrative should also be provided in Section 6 . 2 of the guidelines to support any theme the developers are attempting to emphasize . Lighting: The sketchbook provides a variety of exterior light fixtures which are recommended for the planned unit development. A specific light fixture should be identified in the guidelines for boulevard and pedestrian walkways to maintain consistency along the internal road system. The use of a specific light fixture along the boulevards and pedestrian pathways is another opportunity to emphasize a P. U. D. theme. It would be appropriate to provide a cross-section sketch of how the boulevard and pedestrian light fixtures would function in relationship to road , curb, sidewalks, landscape areas and berming. Architectural Theme: The architectural sketches provided in the L. U . D.G. reference a spectrum of various exterior treatments to support the "contemporary" theme the developers are striving to accomplish . Comments in the margins have been provided to support the sketches. These comments should be compiled in an organized narrative which can be included in Section 4 . 0 - Architectural Guidelines of the P. U. D. guidelines. A combination of the narrative with a "palette" of materials and defining "qualities" of the buildings would support the preface statement provided on• page C-1 of the guidelines which states : "The Declaration of Covenants, Conditions and Restrictions are directed towards achieving the desired character and quality of site development that will provide an attractive and desirable Commercial Development and will set the Plaza apart from other developments. " It is the Planning Staff' s opinion that the submitted Land Use Development Guidelines do not accomplish the intent of the above statement without the recommendations outlined in this Staff Report. 17 Conclusion The Bozeman City-County Planning Office has reviewed the application for a conditional use permit to develop an auto-related commercial planned unit development against the Interim Zoning Ordinance and 1990 Bozeman Area Master Plan , and as a result recommend to the Bozeman City-County Planning Board conditional approval with the following attached conditions: 1 . That the applicants submit established building elevations and 100-year storm ponding capacity calculations for the entire planned unit development, being Exhibit "B" , for review and approval by the City Engineer ' s Office, and that Exhibit "B" be attached to the land use development guidelines prior to Final P. U . D. approval • 2 . That as-built plans and specifications of the private community water and sanitary sewage system be submitted to the City Engineer' s Office and Superintendent of Water/Sewer to assure future compatibility with the City of Bozeman infrastructure; 3 . That the applicants submit a stormwater Drainage/Treatment Plan and Maintenance Plan for the planned unit development for review and approval by the City Engineer's Office prior to Final P. U . D. approval ; 4 . That off-street parking and loading areas not be allowed to be within twenty-five feet ( 25 ft. ) of any property line fronting a dedicated street, and that it be noted as such in the guidelines prior to Final P. U . D. approval • 5 . That the protective covenants add Section 5 . 15 which recognizes that the property owners association is responsible for maintenance and repair of all right-of-way improvements, including pavement, curb, gutter, sidewalk and exterior lighting prior to Final P. U . D. approval ; 6 . That the protective covenants add Section 5 . 16 which recognizes that the property owners association is responsible for maintenance and repair of the private community water and sanitary sewage facilities prior to Final P. U. D. approval ; 7 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 1 - Auto- related Uses, exclude the wording: " including but not limited to" , and that the land use development guidelines reflect it accordingly i prior to Final P. U . D. approval ; 8. That the permitted uses listed in Section 1 . 7 . 2 . 1 . 2 - Business Park Uses, exclude medical clinics, hospitals , banks and financial institutions, trade schools, and any use approved as part of a planned unit development, and that the land use development guidelines reflect it accordingly prior to Final P. U. D. approval ; 18 9 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 3 - Light Manufacturing and Assembly be approved as proposed ; 10. That the permitted uses listed in Section 1 . 7 . 2 . 1 . 4 - Commercial Uses, exclude the wording : " including but not limited to" , and that the land use development guidelines reflect it accordingly prior to Final P. U . D. approval ; 11 . That Section 2 . 0 - Approvals and Submittals, Section 3 . 0 -Site Planning Guidelines , Section 5 . 0 - Landscape Guidelines of the development guidelines be revised as recommended by the staff report and correspondence with Mr. Dan Kamp, dated March 8, 1991 , and that the revised guidelines be reviewed and approved by the Planning Staff prior to Final P.U . D. approval ; 12 . That Section 4 . 0 - Architectural Guidelines of the development guidelines expand on the applicants' definition of "contemporary" as outlined by the staff report, include a "palette" of materials , "quality" of buildings , specific architectural elements and treatment, dominant elements other than architectural , and control of building bulk and scale, and that it be reviewed by the Planning Staff and Design Review Board prior to Final P. U. D. approval ; 13 . That the Bozeman City Commission be made a party to any revisions or modifications to the land use development guidelines and protective covenants for the planned unit development; 14. That the applicants submit a storm drainage detention plan for the entire planned unit development based upon a ten-year storm event, for review and approval by the City Engineer' s Office prior to Final P. U . D. approval ; 15 . That the applicants submit to the City Engineer' s Office , in triplicate, a report on the monitoring of water discharge from the private community sanitary sewage system on an annual quarterly basis beginning with January , 1992 ; 16 . That the applicants submit to the City Engineer' s Office and Planning Office, in triplicate, a written statement identifying all potential nuisances that may arise from each land use activity and provide a plan for the acceptable handling , disposal or remedy of those nuisances prior to issuance of a building permit for each land use activity; 17 . That seven ( 7 ) copies of the J .C. Billion Auto Plaza, Land Use Development Guidelines and Master Site Plan , containing all the conditions , modifications, and corrections approved by the Bozeman City Commission , be submitted for review and approval by the Planning Director within six (6 ) months of the date of City Commission approval of the application for a conditional use permit. 19 ATTACHMENT "A" i CONDITIONS OF APPROVAL PER COUNTY COMMISSION J .C. BILLION AUTO PLAZA SUBDIVISION 1 . That the Final Subdivision Plat contain all the required certificates and the appropriate language as required in Chapter 16. 40 of the Gallatin County version of the Bozeman Area Subdivision Regulations; 2. That the applicants submit a plan to mitigate potential environmental degradation or pollution or contamination from the drain field and parking areas, including dry shop conditions, best management practices, etc . to prevent runoff and including a water monitoring plan to be submitted to the County Sanitarian for review and approval ; and that the applicants provide documentation of written approval by the Montana Department of Health and Environmental Sciences for the private community water and sanitary sewage system for the entire subdivision prior to Final Subdivision Plat approval ; 3. That the applicants provide documentation of all required 310 permits for any alterations or construction within the Baxter Creek corridor prior to Final Subdivision Plat approval ; 4. That a weed control plan that includes control within the open space areas be submitted for review and written approval by the Gallatin County Weed Control Board , and that the plan be made a part of the property owner' s association documents prior to Final Subdivision Plat approval ; 5. That the property owner' s association documents and covenants be submitted to the County Attorney' s Office for review and written approval no later than thirty (30) days prior to Final Plat approval , and that they be signed , notarized and recorded at the Gallatin County Clerk and Recorder' s Office with the Final Subdivision Plat; 6. That the applicant provide documentation of written approval of the subdivision fire protection plan from the Rae Volunteer Fire Company, and that a $50.00 per lot impact fee be assessed against the subdivision prior to Final Subdivision Plat approval ; 7. That the applicants provide a notation on the subdivision Plat, in bold letters, referencing the possibility of high groundwater on portions of the subdivision and that it be reviewed and approved by the Planning Director prior to Final Subdivision Plat approval ; B. That the applicants provide for a future "public access trail and bike path easement" , fifteen ( 15) feet wide, in the general vicinity adjacent to U.S. Highway No. 191 and Baxter Creek , that it be noted as such on the final plat prior to Final Plat approval , and that it be filed and recorded at the Gallatin County Clerk and Recorder' s Office with the Final Subdivision Plat; 9. That the applicants provide written documentation from the Montana Department of Highways regarding any additional right-of- way acquisition for U.S. Highway No. 151 , that the applicants provide the necessary right-of-way if needed , and that it be noted as such on the subdivision plat prior to Final Subdivision Plat approval ; and that the right-of-way acreage required by the State not be used for open space requirements; 10. That all areas designated as open space and/or common area be excluded from any yard setbacks for commercial lots, that any of the designated common open area that is eliminated by additional highway right-of-way acquisition along U.S. Highway No. 191 (Lot #4, Block #1 ) be provided elsewhere within the proposed subdivision , and that it be reviewed and approved by the Planning Director and Gallatin County Commission prior to Final Subdivision Plat approval ; 11 . That the protective covenants be revised accordingly, as stated in the Staff Report, and that it be reviewed and approved by the Planning Director prior to Final Subdivision Plat approval ; 12. That the Gallatin County Commission be made a third party .to any revisions, corrections or modifications to the protective covenants and by-laws of the property owner' s association ; 13. That the Community Impact Statement exclude any comments that make reference to subdivision roads that are built to City of Bozeman standards; 14. That all roads will meet or exceed the Gallatin County road standards, and that they be installed and approved by the Gallatin County Road Superintendent prior to Final Subdivision Plat approval ; 15. That the applicant comply with the P.U.D. open space requirement set forth in Section 16. 14.050.B of the Subdivision Regulations, as set forth by the agreement between the applicant' s consultant, Mr. Gerald Gaston , and the Bozeman City- County Planning Staff , and that all open space areas will be exclusive of all yard set backs as required by the provisionally adopted Bozeman area zoning ordinance, and that the appropriate "Common Open Space" areas be designated as such on the subdivision plat prior to Final Subdivision Plat approval ; and 16. That the applicants sign a Waiver of Right to Protest their fair share of the cost of a traffic signal on Highway 191 and Cottonwood Road . I i I BOZEMAP CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN of the public hearings to be held before the Bozeman City-County Planning Board on Tuesday, November 5, 1991 , at 7 :00 p.m. , in the City Commission Meeting Room of Bozeman City Hall , 411 East Main Street, Bozeman , Montana, and before the Bozeman City Commission on Monday, November 18, 1991 , at 7 :00 p.m. , in the City Commission Meeting Room of Bozeman City Hall , 411 East Main Street, Bozeman , Montana. The propose of the public hearings is to consider a Conditional Use Permit application requested by Joseph and Susan Billion, 1919 West Main Street, Bozeman, Montana, pursuant to Chapter 18. 53 of the 07/02/90 City of Bozeman Interim Zoning Code. Said Conditional Use Permit would allow the. applicant to develop an auto-related commercial planned unit development on approximately twenty ( 20) acres of land on property zoned "R-O" , Residential-Office District. The proposed planned unit development is located in the East One-Half of the Southeast One-Quarter of the Southeast One-Quarter of Section 9 , Township 2 South , Range 5 East, P.M.M. , Gallatin County, Montana. It is more commonly located approximately one mile west of the City of Bozeman at the northwest intersection of U. S. Highway No. 191 and Cottonwood Road . Testimony will be taken at the public hearings. Maps and related data of the area under consideration may be reviewed in the Bozeman City-County Planning Office, 35 North Bozeman Avenue, Bozeman, Montana, 586-3321 , Ext. 227 . Andrew C. Epple Planning Director p Bozeman City-County Planning Board RHO: . , R•1 5-ab vision PUD U.S.191 _f= v O - 3 ro o 0 North 16 15 I - RS1 TUCKY RDAD J BOZEMAN RECEIVED BY BOZEMAN CITY-COUNTY CITY-COUNTY PLANNING OFFICE PLANNING OFFICE TICq-� BOZEMAN 35 NORTH BOZEMAN AVENUE CITY COUNTY P.O. BOX 640. BOZEMAN, MONTANA 59715 DATE PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN of the public hearings to be held before the Bozeman City-County Planning Board on Tuesday, November 5, 1991 , at 7 :00 p.m. , in the City Commission Meeting Room of Bozeman City Hall , 411 East Main Street, Bozeman , Montana, and before the Bozeman City Commission on Monday, November 18, 1991 , at 7 :00 p.m. , in the City Commission Meeting Room of Bozeman City Hall , 411 East Main Street, Bozeman , Montana. The propose of the public hearings is to consider a Conditional Use Permit application requested by Joseph and Susan Billion, 1919 West Main Street, Bozeman , Montana, pursuant to Chapter 18. 53 of the 07/02/90 City of Bozeman Interim Zoning Code. Said Conditional Use Permit would allow the applicant to develop an auto-related commercial planned unit development on approximately twenty ( 20 ) acres of land on property zoned "R-O" , Residential-Office District. The proposed planned unit development is located in the East One-Half of the Southeast One-Quarter of the Southeast One-Quarter of Section 9 , Township 2 South, Range 5 East, P. M .M. , Gallatin County, Montana. It is . more commonly located approximately one mile west of the City of Bozeman at the northwest intersection of U . S. Highway No. 191 and Cottonwood Road . Testimony will be taken at the public hearings. Maps and related data of the area under consideration may be reviewed in the Bozeman City-County Planning Office, 35 . North Bozeman Avenue, Bozeman, Montana, 586-3321 , Ext. 227 . Andrew C. Epple Planning Director P Bozeman City-County L Planning Board R•O . R•1 n Subdi-+ision PUD U.S.191 b o o b 3 co o a North 16 115 _ RS-:1 T UCKY ROAD BOZEMAN Z ti -T CITY-COUNTY PLANNING OFFICE Cl ; 35 North Bozeman Avenue rOCT23'Ll f !" 4 ozemen: ��CityCouMy P.O.Box 640,Bozeman,Montana 59715 ;j x Plenninplrfioe Phone:(406)586-33?1 Ext.227 `\` `` `�I .a Forwarding& Address Correction Requested r Norton Ranch, Inc. 8553 Huffine Lane ` Bozeman, MT 59715 FORWARDING t AL)pA i:XPiREf � r RE �i,�i eta TO.5EWDE ND r•C3i�E AP0 SRDEP 0 1 FILE 10 JETURT TO SENDER �I � 1 ® � 1 J / y / � J / J i }� 1 i i 1 1 I � , i L ' �1� 1 , f �� i f � •J :Hr ��i�YI �F��L`' ry "yam. T � �4 r., S ` � �/ �.��� � � �� � 1� � i � .� � ; yt � � . �� � � ; . � . � �� , . BOZEMAN CITY-COUNTY PLANNING OFFICE �9 ^� 35 North Bozeman Avenue fy' U•S•PUSIASE Bozeman JUN21.91 Ctry-County P.O.Box 640,Bozeman,Montana 59715 3579 J nE �Ptarating lhtioa Phorr�(406) u-227 NT O .5 ? t Forwarding&Address Correction R'eque ed r MON" 6i40554 a Joe Billion 1919 West Main Street Q Bozeman, MT. 59715 0. BQX Z SO I � y 1 I I i I �. --(r� _tca_-�-►�5 Ni, `rNE, Jv k'&O F—_ —IP�E j vNEti :t7_�l=h��.E 1?htC�Cl}-l[, -�AIZ� Sl, 4-� �, •CE W� �.j.E_# •�s.CCiC��-(C-�_JS-YE.D�`�--_-�- hLA ti-1 �!�fC- 1?E�/�E�sc/.��-��.�'�\/,t�L�(._.=(N,��-.�.�4.►.�!��ICZ.� A4Mtz l-_,-•ate jNt?/IV�.Dr�AL Site Ste'�ia'�iT/ft'L 1 LXa�4' C.s.r ..;— �.1F ii- — _ 1?LAE\__. E55 f III T �,. i � -� - � i �1 �s� — — � � — i,� — — +t ---- •r I ' - � '^ � - ` _ ,� - � . - =' - . 211fibatit of Vublitation RE�EiVED BY BO7EMAN STATE OF MONTANA, �County of Gallatin, ss CITY-COUNTY PLANNING F10E 11 Vivie Portnel l ,being duly sworn,'' deposes and says:Thats he is Principal Clerk of the Bozeman Daily Chronicle,a newspaper of general circulation, printed and published in Bozeman,Gallatin County,Montana;and that the notice hereunto annexed( Conditional Use Permit application req Joseph and Susan Billion � has been correctly published in the regular and entire issue of every numbe of sai ap for 1 comecutive insert ion , the first of which public ion wa ade n the 2 1st day of October 19 91 , and the last on the 2 1st d 0 ober 19 91 Subscribed and sworn to before me this 4rh_ day of �- November ig 91 Notary Public for the State of Montana,residing at Bozeman,Montana NOTARY PUBLIC for the St b of Mppm R8W1n9 at Bozeman.Moa tp NN Commission apYes.lint 8,199D . ,, 6 BOZEMAN DAILY CHRONICLE,Monday, October 21,1991 I { - . . : , �, ; I , t - arets . . 1. . Colla en- a roachin I , , I .32 ' 24 1456 55 -S. , • • , PupelP` 1.78 t1 x278 24'h_;f Adobes ` � : - I' keyeriod in its histortock market slumps J~P �� 637 ,5%+Yi PMIiT 67 55T 6 +1S Aldus 23 ,4,5 a2% hJ hW a0 41 430 22 PPIIT .87 1427' rh+% _AlasR 23 104 ll%-t'4.k8P1 1.88 '. 11 041 52%+% , 1 D - : Jo1nJn 1.80 22 2500 89%h-1%, °uskro 1.72 -08 yes 55%-1 At sth 2i 286 5%-,' , .80 28 1050 14%-%% vJAWAfd •,: - 135 ,1'h y -1% Oueatr a 1.02 15 B91 24%-% APwCv 30 1372 38% seizure O ry,•, 7 NEW YORK(AP) The stock market slumped today as KUJ � 708 19'h-% OQtEMX. .. .48. 17 232 22%-% Amtrdg : •" 30 5%+% Y MARTHA GROVES: Krrwt 1.78' ,i 1627 43 g f$5 million worth of prod- an unsurprising wave of profit-taking followed last week's 0720x �s ..137 34%_ RJRfcn fl-.�µ 94 doh_ Ae µ 22 186°'h >a Los Angeles Times ucts, Collagen's sales have turn- impressive gains. 2.12 2z 2236 108'h-2% R,1tpf 2.87 4803 .40%-% AppbC 48 ` 20 6454 54'h-'A bled:The stock, which traded as The Dow Jones average of 30 industrials was off 21.47 s71 9h RelePue toe ,5 ,896 a9'h-,% ekw«c s6,8 ri+ph �. 1.; Kermit i t ` to 857 31%-% RargrO oe ,8 789 9% Li slogan 222 2830 42%+'h ^high as 33 1/4 per share in March, - at 3,055.68 by:midday. Kyw so : 1x 90 25 Rayar 3.60 7' 120 23%+% Bkmeta ; 52 03 39h-1 PALO ALTO, Calif. Come closed Friday at 19 1/4,up 3/8,in ' Declining issues outpaced advancing ones by nearly 2 to Keytrr 1.44' Si 26M�o' ze h-5% z'a3 2620 x-x 'B,°� eo o iiia iih� Friday, Collagen Corp'. ill find over-the-counter trading., .. *11 �]�ii�i:i�i�]�)�, 1,on the New York Stock Exchange,with 497 up,948 down 14 976. 18%-% RPR s .44 22 1185 49h-%- Car to 150 2045 3 g P g --L-. N Rodcwl 86 11 ,302 28%-%4 CemBw 59M 9'h+% itself under a microscope in Wash- Meanwhile, Collagen 1S and 533 unchanged. u0r �D 13%-% Rohr 13 945 2,'h-'h „ 7 4999 4'/.+''A ington. attempting to reverse sliding sales Volume on the Big Board came to 74.29 million shares as: 22 '� 8%+% RWE 09 24 1699-10%+% CeCm 1315 34 +'h g �iD�p am;`<i�1e Room .56 19 1018 22% h On that day, the Food and and broaden its product line as it of noon on Wall Street, against 90.85 million at the same La1dwA ' i2 is 9%+u RoyD 4.1i a i2 2042 e1%-is Cantor 51°B8 52%-ly. .DrugAdministration will submit defendsitself. time on Friday. LLakilsill 28 �1214778� 9 +% " :.60 23 ��285sh+% �' e2,409863`4W4.4.'A data toa panel of scientific experts "I think the FDA is showing The market opened on a weak note and moved steadily Loy 2.00 17 9347 13%-% Ryder : , Colette 9 3242 14%-2'h LimBd 28 22 41e8 23%-% Ryko6, eo 24 533 l9 +h Cole 1 1928 19%+% who will attempt to evaluate just they are tough and enforcement- lower. Analysts predicted stock prices would ease today IJveEnt a sad ,2% _ Ryland 00 '38 410 t9h�t% c i ,4 2M 16% +% how safe are Collagen's 10-year-old oriented," said Howard D. Palef- following a week of strong gains, culminating in the Dow s Coale m le 25N9 40' -% -S-. " cmcap .14 -2408 15%-% injectable products for;smoothing. sky,Collagen's president and chief ,. record.close..' Friday _- Loewe i0000 a' 1g +1% Saatchi .190 711111.18r1-1e pnprsL a 1738 za% !i „ , , -% Saltoa .32 28 1738 28%+1 C0nPsp 1.28 18 108 37%-% wrinkles and acne SCarS, t3XeCutive.` I don t think we Ve `; At least.some of those gains were attributed to the 1.70 11 88773 2*% % s�eN°el�J" .so 175 953°58% +1 A a yc�m` ' zii i e -5%S g If it sounds as if the cart might turned into criminals in the last 18 monthly. expiration of stock-index futures. Analysts.Said 1A8 13 801-35%-% Sakxm .64 6.2338 24%-% nester ' 1.32 za 7 1 19%-+h have gone before the horse at months." stock prices typically retreat in the subsequent session. LLoral ,OW 1.011 a 35° 835 6188 411A +14 2.eo iz 235 42'/'-+h':pepCpt 18 1407 30Y' ' , .421 14 44 5%+% Depm g 1575 1s%-+% ,least one powerful congressman But the news has been mostly r Weakness:in the"bond market also weighed On.stock Lowell .55 16 831 24%-1% SFePCn 8073 10'h-% DyIchC : 11, 349 15'r.-% . - Lmroto .Toe 22 71 47 4% Saralee, .94 20 1730 42'h-% . EFas ,90 5%+'h would agree. . crummy of late. On Aug. 16, the prices. MBNA n -u-' s Sewn 3029 S-ea ' E�erex 117 3%++% Rep.John H. Dingell, a Michi-. FDA seized $5 million worth of MDU 1.44 13 �73 2231A-�% sSchis Scher° 1.32 " 21 "77'05`WA+lei FFI)ronc Tg i,,gg 'w/4,% gan Democrat looking into FDA products at Collagen's Fremont, C mn` `1 o 24 1530 39%+u " 1.51 x1042 10% i SchImb 1.20 . 27 2108 68h 'h SO-Offs ';g1 ;p�_.'h enforcement,has voiced concern Calif., manufacturing plant MOF - i.18 878 8 ;, Schwb . .20 25 118 33h s •40 " 24 1483 32 -i'h MN 1.05 6241 8 -,% scoup.. 90 75 977-3e'h-% Deny . 22.1202 8Y4-'+h that C011a en'S rOC1uCtS Went on because Of an 1nCOm late Warnin d Cr I y 4a 522 µ, _,h 1tAT ,23 ,957 7%_lft Bean 2.00 13 ,334'37Y._.'h HrzGld ,90 % g P P g.: ' MNC " 795 4%-%\SecPac . 1.391 1822 32%-% IrtxxtRsp 2e37 45%-2 the market without adequate test- label. StockS QnpK 52 x7 851 98%-K ss 19 1828 25% lrtxrtex 2342 40Y' �+ win 3104 ,3%-%4 ••srceCp 50 2e Teo 33 ing: Then in September, FDA offi- CrysBd 20 228 11%+%i 1.86 "21 673 2rh-% Shew , , NEW York St ck c 1 p.m ue6«td prices f« CypSsm 20 21 959 19't/4%`�% ,Aenvle 18 163 8% %r, ' ShawNl ' 1417 8%-'A , epfsy�EBa c 34 lion 15%,-% "We expect-Food and Drug to cials told Dingell's subcommittee New Yak Slock�d'EpeVillON) Ud C4 80 D1, 5a3 2,%-% 2822 iS 11e4°5 1�i-% 5honey Shrwin` .42 21 1585 8h+662 23 % tr�ite`irfd 24 49t5 43%`-v review. (Collagen's) entire permit that Collagen had a history of mis- a DPLs 1.82 11 55a 22%-% k°alr,c 2.00 :_18 751 73%-1 shopk°n 501 -t4%-% Isomdx 27 ` 247 1at'4-'h application (to determine whether labeling products. A_ ACMIn 1.28 3751 10%-% DOE 1:44 12 889 28%-% ��n 1285 41%+I% Sizzler .16 13 . 830 12% Ldmkoph 23 2201 22 , % ACCMSp CM So 1.01 ` 1705018 19-'%hi _ °mar" 13 1197 7% mum 80 be 500 23 % Smft ° 18 . 564 10%+''A Lane! 3531 14'h-+h the products) should or should not Moreover," the agency has ACM M n 1.01 497 8'h � ':is 18 12200 tom`%-% Maw 20-. 17 81132%-%' 8mouGNC`Qo 214° 15 1044 297A-% LLenttice 1e '�2 83��h � stay on the market"Dingell said. ordered Collagen to be more dili- ALLa 592 8% DeertFde 58 18 740 27%-1 ►rezta 1389 8%-'A SwAYIi '° 54, 750 265i-1'h Lotus 283 3630 2s'/4-'/. C011ageri, based In Palo Alto, gent about reporting patients'' "AL Lab 1,' 21 505 19 +% Deere ; 2.00 31 19M 551k+% MRYO 1.02 14 671 51%-1%h SwBel 2.84 : 16 1340 57% -MCI .to 14 4614 26'h+'A AAtlnr �� ', - DelleW .30 18 1302 23 -% 19 Bat 12%h : SwnPS 2.20 ` . 13 6, 32Y4'-'% . Magnet 2010 18'h-.'h has been making plump profits for adverse reactions:.And, in dra- AMR 2079 83h- h Deluxe 128 21 868 451i-2 1.00 1296 17%-% S1dPac; - 24 15 523 'rh+%, MarwTc 3070 13'h-% ASA 3.00 . 849 50%+% oeffd i.88 9 1430 32 -% MCDOf� 37 i8 5519 35%-1'h strBcp', .20a 30. 28 6%-'h McCaw 1898 29%-% Years on its anti-aging injectableS, matic shift,it has told the company Ab1Lab 1.00 2s 3403 S5h-% -. DkStm 48 11 1386 19'h+% McOno 1.40 7 2041 72%+% SloneC' .72 44-2589 22% MedcoC .04 : 62 127i es%-'h. made from'a gooey substance to revise its labels to note.a"high-, r Acuson 24 608 304 % : M.&H 220 17 145 52%+% StorE 1 .84 9 32 a%-,A Mentor 18 23 2182 1 h-% „ " Diebold 1.80 23 732 81%-% � t . AM 2775 10% % DI911e1 2875 58h+% _ 1.00 18 271 39 Starch't, 18 4078 41%+% Mentor .24 3090 13% found in cowhides. er-than-expected incidence Of two ,, AeMUhma 2.88 8 x1a35 38%-i - Doe y 30 a i5 5224 35 -1 li Medtrn a 1.00 1155 32%-'h Stratus :i, 23 2148 44'/4 Merisel 123 1919 6'h Ahmerta 8a > ,o 1ee3 ,6'h-% - But investment analysts see rare autoimmune diseases in Man 58 20 481 38%-% 48 34 1043 78'h'tl% Strldflt .48 19 757 4Tti % Meritr 2399 ti 20% 3.44 13 771 52%+% , Mtltvle 1.44 13 1049 4<1! slMln 1 6387 1% Mkxllis 37. 1276 iB%4+,'h the company as having an even patients who had had collagen r 86 12 2201 42% % ' Marck 2.52 25 2416 131% % SSuuppValu .72 12 188 25%-% Mcsft s 33.'842 89Y4-Y. MpPw 3.18 12 201 42%-% DDowCh over e4 17 209 38%+% Marly 1.00 10 2165 49%-% SyblTc 3t '742 24'h Mimtca 3z 1270 14'/.-3'/. brighter future supplying treat-- injections. Previously, the FDA c AktSpN i.80 15 1131 40%-'h '- 2.80 10 33" 62'h-u Mery(i s O5 " 17. 942 13%-% .Syntex s `,.92 22 5142 40'h-1% Nellcor , 23 553 24'h-'h i Alcoa 1.60a '4 909 63%-% Dreaar BD ` ,8 3428 20%+% Mead P 21eo 2 Syeco 23 25 x411 41'h+% Neax 39963 I ,9 ments for leaky bladders and bro-. had agreed with the company that ; AmHes -.eo 9 940 59%++h •52 24 Oil 34'h MesIP pi 2299 2% ,• SystCt 28 593 1 % NwNO 1.72 12 .-,26 33% . .-- ken bones-if it survives the cur there was no such relationship. � ABarck to 40 3741 25 +% °�n 71 - ' $41 9%-,A MexFd .31 e' 417 23%+W, 1 -T-• ? NovePh 1831 8%+Y. i' ABmd d 13 3280 40'h-'h 1.86 15 529T 48%+% M aTc .05 a 123 1212 16 i TCBY 20 15 145 `5'h-''A Novell a 45 1735 44%-%/. rent barrage of criticism. The FDA acknowledged that it r ACyan 1.50 17 1613 64%-% DulPh ' Jae 841 9% MdwRsn ise 15 129 2D%+% ,TOFFit 40 13 204 WA NOWst 1736 1%h-'h New wrinkles In along-run has not established that the prod- " AEPw 2.40 12 867 307h-% DtxeP 1.72 12 2094 30'h-% 44: 30 85T 34%+% .TEOD > 1.7; 15 795 37Y4-% OCOM 1239 3Yi-'h Mpm�EE�� too ,o eoo2 29h-'h MnBrd 215 18 2212 48%_,b 3•i2, 17 1037 92%-'h TJx ,4e• 14 T99 15'A Ottol 19. 3912 18%-r Wing tussle with the FDA over the ucts cause the diseases. Collagen AFamiy 40 18 539 25'h+% MON 320 14 2030 71'h+% Tandem 22 1108 13'h OfcDpt 88 i 145 33'h+'h , Al1Pr 2.84 15 530 29'h-'h DtraGe E .:' 29'h-'u Monson 2.08 41 ,013 71'h % Tardy 801 11 513 28%-% OpNcR ii 1192 20Y.-3Y4 Company's marketing practices Corp: officials maintain that the A�` 23050 12 1351 e1%-'% E= z 75 . 22 3W 45% +% Moge 1.48 n 1.98 _1i2 272234 844%+% TeMexn 1728 , 85520 435%''% ox;�t , '515345 683 235 +'h have put Collagen investors on a products are safe when used as AT .32 ; 1 0 1944 38%-% Ethln 70 17 160 12% MorKnd 1.48 14 485 44Si-% ..TmpM 84 ,, ON 8144-% PacDunl 121 a 10 17 -,' roller-coaster ride-and the corn- directed by a qualified.doctor,_AT&T6T 1.32 80 10944 38%-% Edward a 56 20 894 33%-% M010fr 76 19 2967 82%+1% Tam 1.60 25 3281 VA+% PTekxn 126 ' 14 2 28 An tch 3.40 13 578 59%-% EnreB 132 18 224o let Mylart 20 39 1197 37 +'A. Tardyn 233 12%-% PhnxTc /e 7,h-+h parry on the defensive. - although they note that some Amoco 2.20 15 2662 53%-% EngStrn ` 500 17% -N . '` reeoro 5 30 6%+'% Pk-,Save 22 7491 21%+1 Amid a rash Of negative pub- patients have reported abscesses AMP 1.44 ,9 1891 50 -% Entergy 1.20 11 1200 28%-1f N� 1.40 11 -'1103 4214+% Texaco 3.20 13 1937 Be -'h : ftTel 122 2438 40%+2'h M p .30 35 8706 6%+'%i EquMx •52 23 7483 14%-ph NGB 1.48 10 918 37%-'h Texltst .72 1738 31%+'h Pk*tn 14 2105 21% licity, which included the FDA's or redness after injections. r ANteus 1.12 17 881 62%-% Exel n 7 t184 31'h-% NPSCO 1.16 12 8020 23'h+% Texkrst pf` 890 3,%++h Pleyen 45 185 3'h+3 18 Apache 28 '21 574 18'h-% Exxon 2.68 13 3778 8%-.%1 NWNL 1.40 8 334 32%-% TexUtl 3.00 it 1e98 38%-% Rk eCo 23 1282 61 • Y NWwI 1.97 a 809 30%' Textron 1.00 11:2725 38%+%h PulseEn 8 1553 9'/. x ArgFdn lob 17 3900 27 +,A FPL Op 2.40 18 '970 33%-'h NUEdr 305 9%-.% TIdwIr 13 872 15; -% Ountm s 8 3991 10'h++h • ' Arkla n 672 1s _% F. i9 2292 7% % NMBale 280 21 1824 217 %i Tosco ; 1..6 133 85%231 +1 RPMs 88 20 770 20Yi disasters., banks rArkle 1.08 28 872 18% FedEu• 1220 39'h-% t4Mt1dE a 0 0 10 625 17%+% Tosco 00 5 1330 23%/i+t. RPM 9 7 0 13'/.+% Despite, r ArmWf 1.20 ZO- 821 39h-1%f FdHnL 2.00 15 .1017 107%-1% i8sentl 38a8 -5%--% ToyRU 31 ,2131 32'h-% Replln 13085 24 +3 r AsiePc 1.07 a 872 12% FedMog 92 1073 14%h-'i Navits 98 35 we.22+h-% Transco 1.38 49'3485 1a'h-% Reulld 1.05 a 17 1880 51 • -% AuIoDI '.1 5.50 12 184 138%231h-% FedNM 120 12 4180 ells-Ph �� 848 2%=%f Trevor 1.80 557 20'h-% RRiblimoTe 88 7 '% m a be nearing ar�n recovery , Austr 42e 98 9Y4-% Ferro 1..6 12 1128 28%-%h Nerco 84 11 18 191A7% -'h TucsnEp 29 2557 38'h-'h RoTech 31 1838 13'h+1'h 1 ji t] (� , AutoDl s .40 23 1184 38%-% Ferro 84 1283 31'h+%h NttvPw 1.80 34 458 17% TucaEP 558 5 Safeco ,.48 . 9 19e0 37%-% J yr -B-. FW«M 1201 l7 -+%, Nwoerm M e - Sol 10%-,% TycoLb .36 ,13 853 34%++h SUude 31 2855 49'h Beknco .20 14 4 6%-% FtBk3y 82 12. 1557 22%-% NYSEO 2.12 1' am 27 •, TylrCbl 126 859 11Y4 Scitex .37 a 15 2170 36%+% .- r Bakft .46 21 1876 25'h FsK)Nt 2.00 11 $87 25%_% Newel .00 25 1071 41%+% -U-. ; SaeBd _ 27 2203 30Y4-'h ;. eanOE 2.10 17 e3o 3z%-'h FIFrft lob 14 1030 42'h-% fffro .05 33 848 39%+% t1SSlae 52 ie t388 ii%-1'b Seagate 9 3a,9 8Y.-% By THOl��AS EAS��N case.Then, they will have enor- - Briton 1.18 i6 1564 44%-% Fttteie 120 9 858 29 -1' BD 18 78i 4t%+%' USWst 2.08 11 1847 34%-'h 'SerArtt 8755 tOYi-% " Bkeoat - 20) 2118 to%+% flew i6 a 12 2374 20 +%, USF° .20 2160 7% SmthF a 10 687 20Y4-'h The Baltimore Sllri mous,earnings potential. BkNY 1.52 25 785 31%+% - FeIUC 1.12 12 2805 28% NIMP 84 29 848 17%-'h' UST 1.32 24 1303 53%+% Sandx 1290 8%-1Y. lirtkAm 11.5 9 2919 42'h-K :. FltNon .80• : 930 23%-'i .."For the most part, normalcy ` + Bank 2.5a a 1243 83 -% F9 1.1x ,1 6T2 35'h-% Nke9 56 u' ,581 54'h-%1 usxMarn',1.40 i9 z75o 81'h sturtMic 13 2a59e 2a'h-rh NEW YORK - When Citi- has returned," added David Penn, FlePtg 2.74 12 225 43% % NlltSo 1.00 18 979 59 -%,.USXUSS n 1.o0 734 28'h+Y4 SurgAf s 11 92 2622 3at'4+% Barnett 1.32a 26 357T 311%_% Fbwer 68 20 : 582 14 +% 2442°. 13.'77116 39 . `Ur*N 2.82 a 11 887 85'b+% Synergn " j _- 2762 71%+,v' core, the nation's'largest banking a bank analyst at Legg Mason. 1. Baroidn 20 20 JI 6'h F«dJ 1.80 23 3829 29 -% NWPS 1.52 12 7 26 -% Curb . 1000 66 2 11t9�4 200%-1'A , TWMd 12454 3%+'A company, lays `off "a ton" of To be sure, third-quarter 11 ,t BatlM 110 52 4863 Th+% . Flow 1.24 30 16% Nov°g .52 x882 8%-% Utlec 224 12 1268 33% TIcmA a 1828 15%-% Bausch .72 20 774 a9'h-% FosONt 54 22 9B5 2s -%i NovaCra' 37 1202 23'h+'h tlaPecs f 170 1143 49%-% Telxon 01 19 1265 19'h+'h employees,'eliminates a dividend announcements for some banks s rS .•60b 3158 15%-% FMCO 1.10e 9i e37 as%+% i pe 1.04 4 145% UnTex 18 se3 19% % Tartosr 26 6 -Y' instituted the year before are dreadful: Along with the $885 BelAl 2.52 A 1584 44'h-% FrprAc 150° 25 1365 42%+14 NuvMu 71a 734 10% UdYPi .941 t8029 40%::% Tyssoona 04. ' 9 1039 19%23 +% Na Olson abdicated, and suggests. million loss announced b New .33_ 16 16881 h company Christmas Y BeIISO 2.76 15 1608 QVA+%_ -0-' P On 1.70 17 3754 31%-% �x 4.56 '7 886 79h-% llsaKi ., 1485 9%-% Us Be s the COm :t,oe5o9h-% t,e e. eo3 to%-% -o-. us sr• 30 8T 3534 s,%�5% us Hit s 76 1i nag 20 -;h party is no Yo ased Citicorp, California BIrS6 50: 1800 583 18 .+%4 124 - 19 1307 /0%+%, Oek°td 'h UnTech 1.80 9 2510 47%+% Us Robt 2211 1 .,, ocCPM i•oD 17 �_14 longer on,the house, it seems the lea Security Pacific lost$508.5 8 cko •32 37 1250 47 -% , _ UnTote 5 /4 40 38-1711 ,7 OhbEd 150 14 4 lAtllet 1.00 14 3910 21h % Bk1tCp 1.78 14 ,9,38 -.%:, ;. t,+.,orp •00 8 758 it %, okleoE 2.58 11 93e 38h • , 70 28 3080 28'h=% VelklLg ae .2a92 6%+% whole indu. , ,is slidi closer to mil tun, Chicago-based Continental BAc1988n 85 :t '_�780;10'h :iS�+%0er1e11k:;;':f ' 59 1201 .31% 1%, ,,,tlptam' 1.36 15 4339 42'h-1_:+ IIV W*+ '4 .'dIi ft2,.)33._ 378 19' --11 9>";'.t bye-R+.1 t)+ h i:utT1.,��7l,/.) i[I!)T 1.00 105 1247 Sots 4.% 1,Omnlon,, f,o 1.10 , iT1r.942 33%.+%,; Urcerc _ vitae e9 5z84 33Y4-z an abyss. i 1, z Bank lost $185':million and Balti- Bketl f 1.00 51p 10. a K- ' , ) O"OW 1286:_3 +%,_,. � . , 720 ,.4h %u Bkslr >I.r 95t! }tali 031(t10 ,l- ,t.y I1 za,r, a 4782 7i, -% ovate 28131.'20..:--a%i tmaco`', lei , 12 ' i76`-"+% Waal. 175 30'r -% �•Despiteythefbad;news dell-0 - !pmbre-based'�MNC Financial lost : � Orr•. '48 21,, 8a0 61 h-% -y- WashEn 1.40 +,15.r1102' 23 _,:"., t r r„ . BbdcE s x3 9or4•,,rh. .%:?n aryApr Leo a96 3rh-.%. P- varao ,6 exi +h-u WMSB .60 '- a `INS 3,%-tii ered'last week by (i'ticorp CEO $59 million. ' i Boektg i.00 12 2493' 49%-14 OM E 64 25 -647 54 PNC 2.12... 35 15T3' 4244-t% _,h, WswP 9 : .00 ,.: 21..-. 7 75% i ,BostEd .,4, :,3.2389 32%-1% PPo -: i.e4 20 801 51%-%. va* .32 12 506 35 " .30J 733 3%-'A John.Reed, Santa might visit the -' Even in the bad news,though, -- BrMySq 4�o z2 4afiva si+i-t% � ISO 10)= 24%_u i64 l3 rnh-+� Want " .17 -W39 BOX -% x MA 3na 16 industry-even >f he is frazzled, th s hope. MNC s loss was a 1.68 13 1458 88'h-% WeIlm e 52 21 830 33 -% zoomll 2089 1 BriIP wt 803 .4%-% PacTel L14 15 1 .0 % Br6P1 4•SOa 12 1001 72%h-%h ,i ,os ,9% - wal0 ,.50 -12 1595 19%-'A - : leaner and a bit choosier about fro n of the $242 million lost Broedn 20 t3 ,219 18'h+% onfled 900 2'h-%i PedICQ " 1.50 13 1521 23% % Warm n ` ,. 1197 23 -1% to some, Br000kerl. 58b �" g g 44%-% p Los ix 10 4 z41i*%%f PanEc 80 9 110011 13'h'h % Wshw w` E48 io 3448377 31%-� reports ys and�h high-profile profile'discs- duriAnd at thepotherl extreme, American Br r .es •�4 331173� ++% � ..,IM 20 ��_+1% P ParCont .io 3Di7810i 1 rh 38 +'Aa w� ion . 5044°a3hTs-i'� American Stock( c-hert'p ep' °' tars:- U.S. banks maybe on the . major banks across th`e;country OerbSc 20 , 39 B22 1 PePI. 3.10 12 64 4rh-% . Wendye' 24 20 . 848. 9ta++h p�20 7880 40 ' QKFd e boa 251 123i-% PepBoy 13 28 15ae 1e'h'-% WD,y6 e7e 3'h+h ar 1E reg1004) Ust 'h verge of a recovery. reported growing profits First a BrRsc .70 30 2430 /3%+1 82 23 3120 41%+% Peps1C .48 21 11589 2T%-% ' AdvMed 1079 16Y4- -C-' .120 2080 i8%+%4 W°tq° 'a0 'am '�-% 'AMed 1914 iO'h+% Since last November, bank Maryland Bancorp earned$21 mil- CSSSour 1.58 90 2037 29%-'h ' Glo 130 a 23 3190 49%--% Pet , W�att 120 22 1257 26%-% , _1% mobikl 24 1395 13 +K PAzas t.0 2e 3,n 6rY.-u wNtrm 24, ,a Sag 12%-% Add8C8 989 ,o%+ h stock prices have,on average,dou lion in the period, up 27 percent �CMS E 3.'448 10 4t 73 17u_% BIo dyr 80 24' e37 8'h PhepD 3.00 9 1407 TT%+h Williams 1.40 18 709 34%+% BAT kt+ .T4e 22 1704 11 -3.18 , �0 220 is 1163 81%_% °00�- . a0 1324 44% PMaEI i2o 20 844 22%_% W XW 542 4 +,h eehnec 928 17Y4- h bled. Write-offs for bad loans may from last year. Signet Banking •. Csx 1.52 13 555 55 -'h G� '.40 1z 4954 2Wothr,+% � 2•t0 16 11056 �1-'% wawth 1.08 a 14 1873 28%-% B ' %; have reached a plateau. And the Corp.'s earnings doubled. Other Cadent 30 5i6 51%1 -% amen .98e 12 1334.28%h-% Phi�et 1.12 11 1798 26+h-% WadCD � io 509 ,1rh-'A �„g .521" 33 1271 15% amount of non-performing loans- banks posting better third-quarter Cadence_ 22 861 2i%+% -x-. P g P g 18 20 888 19% . oft 5.75 10 18 59 -% PlnWst ; 15 755 12%-% Xerox 3.00 �+11 792 61%-1" CamCr .52 17 1026 27%-1 C"A a1WFn ' 9 857, is%4-% pltr,y� 1.36 20 1308 58'h-% EchoBy .07 6997 61h+% those one step from a write-off- numbers included New York- " CaMPSI 100 %-1A GIhSpn M e 802 101A Plat pa .30 � 2�35 30122'h+% ZW&E' -, 13H 6%+?A FA • 2a 18 � 20,h �4 has dropped for the first time in based Morgan Guaranty,Chemical CempSp 1.18 24 722 77 -'h 083KN 27 2/ze e -%� PMxnCr 3.zo e Carole 2.58 11 -154 25%-% h Hasbro 35 858 30% h caracP / gag 5'h -H- Polarole fiD ,1 8T2 28%+.� years. and Manufacturers Hanover, Hedeon 15 28 1%-% Pori t 1.40 : 25 96 38%+h Hilhav 119 2847 2%-% P1ttSI 11 - Care" 3.oa ,2 1350 48%-% HaamonIt 643 28%-% Powe 1.58 14 575 23'h %- ETC ' , InCorAa - ass rh+%. Meanwhile,`ruthless cost cut North Carolina's Wachovia, �tvA 1.00 30 33 t 428 103%-4 � 1.00 21 8449 344%-% :5�0 'e 5�33 330iK-% i4EW YORK(AP) Noon natonal p,xes for N�CP a 13 929 34%+1 ting has lowered bank expenses. burgh-based PNC and San Francis- ' Caterp 1.20 e, 4828 48%+% .52 22 25 43%+% ProciG 2.0D 17 .i824 82% % over-the-counter stocks. Kwy 21 e29 i4%+ss And banks are benefitin from an co-based BankAmerica. , CenlEn 1.eo 10 559 17%-% lfentrd 19 -% Psvw 2 00 11 1287 24 p� MedcR , 3291 19%-Yi g - cenSow 2.92 14 535 49'h-%h 133a �o stilt 1 ,32 PSEo 2 i2 ii ni3 28 'h+% 9h PE rw1' iest ti Ina 2oY.-% unusually wide spread between the And although Florida-based :. cxmptrt 20 n 68T 28%-% - ChtHou - 15 n 8% Y 28 232 59%- �+ AS _ 1i e6ze 2e°- "k'. rates at which•they borrow money Barnett Banks and Bank of,New , Harsco ;' 120 18 223 23%-%h I ' and the rates at which the lend it. York reported declining>earnings, Chess 1.20 l 3701 Is%+% Y P g g txteus 525 4 ♦% l HORit 05e 81MI 181%+% ' La iarion •001127.001127 887.00 887.00 Altogether, that suggests both pleased investors by showing .Chemed- 1.96 4 569 22%+% "*a im 15 3504 37%_% Foreign exchange Malaysia-, - 3644 3640 2.7440 2.7470 banks' severely d cxmBnk 1.00 ' 18 68a 25'h ,p 4e /a 693 22'h}% z-Mexlco .000327.000327 3060.003060.00 Y depressed earn- drops in bad loans. i cnePfe a0e z40 8'h+14 �, .98 2D 143.40%+'h NEW YORK (AP) - Foreign Ex-things,New York prlcea: Nethands_ .5263 .5237 i.9000 1.9095 ingS may rebound.The consensus Even thrifts appear to be Chevm 3.30 14 1054 78%-%. •50 15 2545 50%+% Rates for trades of$t million min-Imum. N.Zealand .5660 .5655 1.7668 1.7652 Chi" 60 10 3787 41%+'A � eo i26a 5%-,h F9a grr►ency paNa►bl Norway 1513 .1508 6si io 6.532s forecast of security analysts calls improving. In the first half of 1991, � i80i8 0 1100267 'S3%-l% loon 120 25 919 42%-% In dollars . first.aw► Ir Pakistan-Peru , 0407 0407 24.55 24.5s fora 20 percent improvement in ' thrifts collectively registered two_ . ~, , CINGE Bo 24 18e 20'h-K w os .12 53 23444 55%h4-% f•Argent :000101..000'01 990M3.00 9903.0 i-Phltpins �.0378 �.0377 826.46 000 '26.o bank rofits this ear and a 39 er- . consecutive a 2.48 a 1130 3s% d i P Y P quarterly profits, .36 497 il%-% Phalle • :•051 41� l%_% Australia .7990 .7965 1.2516 1.2555 Portugal v, .006887.006888 145.20 145.18 cent increase next year, according breaking a streak of almost four, y, arcly 10 i9 81 t 22%+h Florida 20 a 22' 773 24%+% Austria 0842 .0840 11.87 11.91 Saudi Arab 2667 :2887 3.7500 3.7500 11 i5J 20,51110 135%+% WTei 120 n iso9 30 +% Br�lum , •ooe ;0 i 534.70 s34.88 "Si Korea o.59037 -. °33'S 1.6928 1.6920 to IBES, a statistical service of the years of consecutive losses,noted f r'.. Horsh .30 IS Ile 20%-% t New York brokerage'Lynch,Jones Thomas O'Donnell,an analyst with ` Coesld 40 16 2498 30'h-% , Britain 1.7238 1,7280 .5801 .5794 So.Africa` 3534 3534 2.8300 2.6300i'L .. Cocacl ' .96 27 2500 62'h-'hHouFb° ' agh+,h Canada 8688 9869 1.1278 '.1275 SPeln a 009418.009378 106.20 108.85 & Ryan. Those gains should be .Prudential Securities. CoceCE 05. 35 887 12ts-1i Hou4Yr 228 10 583 b6'h-% ' . y-Chlle .002871.002786 348.32 358.97 Sweden ` .1627 .1620, 6.1450 6.1726 Coeur . .150 53e 16%+�h Hood Los 12 2114 39 Colombia •001681.001639 594.75 610.00 Switzeand , .6771 .6777 1.4769 1.475s spread broadly.throughout the Problems remain. Although y CoIpPs 1.08 60x1700 41h- h Win a •90 12 5259 26%-% Denmark 1535 1631 8.5180 8.5320 Taiwan ' 0383. .0379 - 26.12 26.39 court , vJColos 1.1e1 2305 iTY4 1 try, with th exception of•the the amount of bad loans is not canoe 2e 10 551 21%-% ECU°`. . '100isii°i 0127°8254 1�.88324 Thrkerd.; .000207.000206 483e 024ais:o50o .West Coast expanding, it remains at historical c°onidrmwE° 3.00 ,e 92 A-% 8p eo � p2p''i3'h d-Egypt .. • 2999 .2999 3.3339 3.3339 U.A.E - • 2723 .2723 3.8727 3.8727 "It will take another quarter or ly high levels. More spectacular , • ' I CPsyc .35 10 1493 14%-% IMC Fri 1.06 14 2097 53 -% Finland 2420 .2407 4.1320 4.1650 f-Uruguayt � .000442.000442 2262.44.2262.44 . Con" .8 3276 34 I T Cp , 1.7x 8 55, 57%_% ,i France 4 .1739 .1725 5.7500 5.7975 '1-vim_ � 0167 0167 60.0500 60.0500 two to be'really convincing, but it failures are almost inevitable. CmpAec .10 9 5795 8% - Idal 1.86 -."' 15 x67 26%+% Germany ' 5927 5928 1.6872 1.68TO Yugoslav' 04539 .O454t 22.0 22.02 seems the`worst has passed," said "I don't think it will be a bor-. L I . . CaWlr 61 21_ z4,4 43%-'h �y 14 gta +% Greece oos32x.005348 ie7.90 187.05 1 ECU: European ca,rrency unn, a cae ket of European pawl Lesutis a portfolio mans er in Indust for ears to come" i ' ConrPr 7 1017 t6'h-% IP0IN 20 a 954 2134+% Hong Kong•, .1290 .1289 7.7530 7.7576 ;currencies.The Federal Reserve Board's Index of the value of the , P g g industry Y , Catseco s .16 i i 799 58%h+% . I= i.00 14 1991 32%_% y-Indla , ..0388 .0386 25.907 25.907 dollar against 10 other,currencies weigh-ted on the basis of trade at Brandywine Asset Management said John Heffern of Alex. Brown i ConEd 1.86 11 1731 28 BA 4Jl4 17 8473 100%-% Indnsle .000507.000507 1974.631974.53 was 90.47 Fri-day,off 72 points or 0.79 percent from Thursday° wrt 1327 11 Klemes 35 S02 30 +% Ireland 1.5845 1.5795` .6311 .6331 91.19.A year ego the,Index was 82.66. : in Wilmington Del. "At some &Sons."I wish it were." 4 1 Cara) 1.80 14 704 79%-'h kvW t.88 22 2189 74%-% tarsal 4188 4107 2.3995 2.4350 Pre-closing prices a°of 10:00 a.m.Eastern Tlme from Telerate V 4 { CnStor 53 499 ltrh imRea 10 Ism 13%-4% Italy .000793.00078s 1260.601267.00 systems and other sources, - point;they will have reserved ode- Whether banks with well-dot- 4 cnft .eo a. 718 10% % �Pdit 812 15%-% ,Iap„t o07672.00nla 130.35 ,29.ea Late closing pates as of 3:00 p.m.Eastem Time from Telerate quately for all their bad loans, and umented problems will ,again + , Cn0Cp 2.80 9. 853 25%-% bwelli 1.7t 12 82 25%-% Jo,d, + 1.4500 1.4500 68970 68970 Systems and oth«sources wcam ae9/332+i5a4 s3T 16%-% I suspect that will soon be the thnve remains questionable.: + 1' - . 4 I• - • _. V �llalneSSes use. Varle Of Crlterla :t0 are Workers fAUTo �ae. 11`. ..... �;j:::�:j:i*�,,.:`...... L� L I � By HARRY BERKOWITL ' In recent years,AT&T and many other cor- nel chief for Manufacturers Hanover Bank. �Z MA1 GLA ° `, ° ' '" f ' I Newsday poratiions have taken a closer look at how they `You think more about the skills you need and . (R) Denzel Washington on 5$7 4 Q� . Ave 9t j pare their work force - as layoffs and firings how those skills can best serve customers. , 9:00 Only NEW YORK-Jerry Doorly and his wife, have mushroomed amid recession restructur- Companies also are adopting Next 0 Yu S..1. a :� y RICOCHET , Thru Thurs. rr sr A P P ' g Programs <::: .... d ; Joann,can understand why"AT&T has been lay- ings,-takeovers and relocations-and decided including performance evaluations-designed BFF Presents 4 j . ing off tens of thousands of employees. • to change their methods to have more flexibili- , both to choose the workers to be laid off more They're just shocked that AT&T is doing it. ty. carefully and to reduce the size or the harmful j J 7:00 only J<J DOU in a way that has cost him his job and may soon Many companies are concentrating-more effects of such cutbacks. ' `' ® Robin Williams ' cost hers - even,though workers with less on specific skills of employees:- skills the The'sophisticated methods do not mean ""' j experience in similar jobs are Safe. ' company needs for growth-rather than focus- that all companies have become methodical- (R)6:45,'s:2o FISHER KING "I'm scared, angry, frustrated," said Joann- ing on tenure and across-the-board cutting, or benevolent. Experts say many companies % g0 M .7:00,us NECESSAR Piccione-Doorty, a communications technician •management consultants say.'- ` still panic, mishandle the process and possibly �l (PG.13)- for nearly 20 years who works in a suburban - -. "The changes more accurately reflect the discriminate by race, gender,;age or just per- ONTA ` ` ROUGHNESS 1 New York office. "I know people in Manhattan training, skills and actual job functions people sonal favoritism. PTeserits Al Padno :# that have only five years as a communications " have, said.,,Laura Abbott, an AT&T Some interest groups say that preserving Tao,s:30- FRANKIE&JOHNNY ' technician and they:are keeping their jobs.-If:: spokeswoman. `We are not trying to;circum- the balance among men and-women, and ®� (R) the company has to downsize,people wouldn't -vent seniority." _ - . ', between whites and minorities,ought to be part Danny Divito be as upset and angry if they felt the least, As before,trimming jobs is often used as a of the criteria in deciding how to cut the comaTMESOTHER PEOPLE'S 'I senior people were being let o first." uick way to boost profits. B g P '1 But me Pe P g g q Y P increasingly in :ny payroll. Frankly,I feel that there should be `. (R)7:00,9:05 MONEY , The Doortys and their union are crying . recent years companies have focused on cuts as provisions .. so that when a company down Oct. �1 c�� �3 2J� (PG-13) Goldie Hawn foul, saying thats not the way the seniority sys- a way to redefine exactly what the company is sizes, decisions are based-on preserving the r > 9 E - , tern is supposed to.work-and not the:way- to,try to ensure long term effects. . :diversity of the work force, said Barbara Otto, 7:15,a15 D CEIVED 9:30 m'-1:30 a.m. AT&T used to work before this year.The com- "Corporate executives used to say,`I want a a:spokeswoman for 9to5, the National Associa P' (R) Tom Berenger _ pany has cut 8,000 jobs in the past 12 months, 10 percent cut and just give me 10 percent of tion of Working Women. "You often.see entire , and on Thursday announced it would lay,off' the bodies.'You don't think about it that wa divisions being wiped out divisions made u �'�wax. 70,925; SHATTERED £ g.Y P P , __J 14,000 more in the next two years. anymore, said Martin H. Zuckerman, person- almost entirely of women." :: - - - -- - . � x" _ . • . � r �4 i - - - _ - - _ .. _ . ._ -- __ .. BOZEMAN DAILY CHRONICLE,Monday; October 21,1991 5 Region , surviveigh .win S r�C� Or, mOr� t® a'y i lets HELENA`(AP) - Firefighters in cen- gust to 70 mph along the eastern front of and still threatens 50 structures. Burnette Peak.fire,which is about 40 per- .:pines, and other low-moisture timber, he tral Montana held the lines Sunday against the Rocky Mountains Monday, and that a Waterman said six helicopters carry-`': cent contained,he said. - added. stiff winds,,but braced for even worse cold front will move into he state by Mon ing up to 1,200 gallons of water each : Fire officials are cautiously predicting Fire officials at the 1,100-acre Bost- weather Monday,with winds predicted up ` day evening.Snow is predicted for most of "knocked down the hot spots"before hey :that the-flee will be contained Thursday wick fire near Bridger Bowl north of to 70 mph,fire officials said. the state by Tuesday or Wednesday.; had a chance to spread. evening,but that depends on the weather, Bozeman said the fire was contained ,-i "The fires have a possibility for real Sunday's forecast of winds gust ng t6 \ "We hit he fires really hard today in Waterman added: _ Sunday afternoon.Bob Krepps said of ' -movement," said Tim Love, a.Forest Ser 40 mph.came true for firefighters on the °the air and on tje ground," he said. "We . , cials transferred:two crews from the i Troy, :'-,,,vice spokesman. east side of the Continental Divide, Neu but not had good progress." he Sylvanite complex ofBostwick fire.to the Sylvanite complex four fires has burned about 10,000 acres in About 4,000 firefighters are battling so for those in western Montana.% The winds started out brisk Sunday Sunday. Fire t l F ti i N t K about 15 separate Kootenai National ores . re officials fires that have black- Fire information officer Steve Water- morning and worsened throughout the the Lows down to 8 degrees in the Bit- ` ened 200,000 acres in Montana. Love said man said gusting winds did not hamper. day, but shifted from north-northwest to remain worried about the tires, because . terroot Valley over the weekend helped most of he fires have been controlled,but helicopters from dousing hotspots at the south-southwest,preventing he fires from they're;hard to reach and fueled by big crews battle a 1,000-acre fire south of two of the largest fires are still burning out Burnette Peak fire,which is burning in the :- spreading to areas that would be hard for timber,Love said. Hamilton. That fire is 50 percent con of control near Lewistown and Troy. Crews have contained only, percent•Judith Mountains northeast of Lewistown.• firefighters to reach Waterman said. Y P tained but there are numerous spot fires _ J g Weather,officials said winds could The fire has burned about 6,300 acrest About 1,100 people are working the of the fires,fed by Douglas firs, lodgepole that continue to flare,Love said. 1 Crows federalgrant im octant beyond dollarsWeather' phenomenon CROW AGENCY (AP) -The Indian convicted of fraud and embezzlement,-Chair Healh Service has given the Crow Indian Tribe The Crow Tribe administered man Clara Nomee took control of the adminis a $357,000 grant,signaling'success in the tration in the summer of 1990 and.'was able to foretold. -October .fires tribe's s pipe-year process of re establishing its as much as $6 million anhuall)/ revive the systems,Dawes said. : f "In the past, if you had 50 or 60 votes,you reputation for money handling. until the inspector general's -. MISSOULA(AP) The fires that have blackened 200,000 acres "The tribe accomplished almost he impos- were hired"Dawes said."Now,even if a cousin of Montana rangeland,and forest,and are.threatening more,came as sible,".,tribal contracts specialist Arlo Dawes Office conducted an audit. , or brother came in, they would have to go no surprise to regional fire officials.They knew in August what was said. coming,because no rain.fell on the Missoula County fair. "As far as (Public Law) 638 (grants) were through the same applications process like "That's a phenomenon that's pretty well-known," said Joe Crows repaid a debt of$6 million by 1984. : , everyone else. concerned, the doors were completely shut t0 The debt was repaid,but he tribal adminis- The stricter adherence to•establishedP pro-: Wagenfehr, acting director of aviaton and fire management at the he tribe.We weren't even on their mailing list." Forest Service Aerial Fire Depot in Missoula. Passed by Congress,in 1976, Indian Self trahon had to establish and use several systems cedures, Dawes thinks, will help to reduce the 'When that doesn't happen,the climatological records show you of accountability - including documented, reservationlitical divisions;which often fol determination and Educational Assistance Act en s political go through an extended period of,dry fall." allowed tribes to provide services that had been methods of finance,personnel and procurement low family line. ` = The rain weather in Au p y gust is called the August singularity, under-he-control of he U.S.Bureau of Indian : before control of P.L. 638 funds reverted to The grant will go toward the Community and it usually signals the end of a hot, dry,summer. It usually deliv Affairs, the Indian Health Service and state 'the tribe. Health Representative Program, which makes ers an inch or two of rain,often on the Missoula fair. agencies. "The systems were here,'but none of he transportation and medical services available en It also introduces a cycle of fall storms eve three to five days, Dawes said the Crow Tribe administered` administrations used them," Dawes said. "In route to Billings and he.Crow Agency Hospital. and it's reliable enough at in a normal year,the Forest Service as much as$6 million annually until he inspec- the previous administration, the Real Bird "V7e see this as a major accomplishment," doesn't plan on spending much firefighting money after Sept 15. for general's office conducted an audit in 1981. administration said, The heck with them. We 'Dawes said.''Every other agency followed suit "We were talking about this in August,"Wagenfehr said.Thafs It recommended that the Department of Interi- don't need them."' of.the BIA because the monies were misman- when h chief meteorologist at the agency's national fire headquar- or assume control of the tribal finances until the After Richard Real Bird was ousted and aged." tens in Boise predicted an abnormally dry fall across the West Short timber supp ly '.tri ers land-buying s, ree 1991,at 10:00 o'clock A.M., at PARCEL TWO: gg p � 3, the front steps of the Law and Lots 4 and 5,in Block Eight(8); Justice Center, 615 South: Lots 2,3,4,5,6,7,.8,9, 10, COEUR D'ALENE, Idaho (AP) -Sawmill Much of Idaho's 14 million acres of commer- Jeannette Ellen Beny tlana 9715 t Bozeman, Mon- and 21 in Block Nineteen(9)20 operators from Lewiston to Priest River are Even•Coin andeS that already vial timberland lies in�the five Panhandle counties.. THE BROWN LEGAL That a description of the All in Royal Village Subdivision snatching u northern Idaho's rivals timber p y GROUP property to be sold is de- (Phase I or First Phase), in g P p • About 64 percent of that timber'is managed;by the - 2631 West Main Street scribed as follows:, the South Half of Section land, scrambling to insure themselves against have Vast expanses Of timber- federal government.!State and other public agen- Bozeman,MT59715 PARCEL ONE: Three (3),Township One (1) an expected shortage of timber from public cies hold 1.6 million acres. Individual landowners: Attorneys for Plaintiffs A tract of land in the South South, Range Four(4) East, lands. land in the Panhandle are look- MONTANA EIGHTEENTH west One-quarter(SW 1/4)of M.P.M.,Gallatin-County, Mon- It's nothing new. But the ace of and In t0 buy aCPea a that figures control another 2 million acres. Less thari'a dozen JUDICIAL DISTRICT the Southwest One-quarter tana,according to the Official g P g y g g of them own`10,000 acres or more. Wood and couRr (SWv4)of Section Ten (10), Plat thereof on file in the Of acquisitions has picked up considerably in COUNTY OFGALLATIN Township Three (3) South, . fice of the Clerk and Recorder recent-months.And real estate brokers saythe: t0 increase In Value as supplies paper products companies own about 1.3 million, Mike N.Steiner,Elizabeth Range Four(4) East, M.P.M.,: of Gallatin County,Montana. acres statewide. M.Steiner,Patricia M.. Gallatin County, Montana, Each parcel to be sold sepa supply of private tracts is running low. . from federal land,dry up.. . Steiner,and Mark A. more particularly described as rately. Parcel One stands in "Everybody believes the solution to their In contrast to the numerous buyers on Steiner, follows: the names of the Defendants, La- raw material shortage i to have their own tim- „ the market,one timber industry giant actually Plaintiffs, Commencing at the South, Wallace E. Diteman and La- g -vs- west corner of said,Section Nora Diteman. Parcel Two is ber,"_said Jim Cochrane, an Orofino Realtor All of his is directly tied to our concern is selling off timberland. Champion Interns= Montana Williams Double Ten (10), thence- South subject to the Plaintiffs' spe- `.who specializes in timber sales."It seems pretty Potlatch sut the pokesman Mike Sullivan sa d.of national forest "Ou tiosel earlier his month announced its plans Diamond s it President soda Sections line,a distance lish d the cial qurt byordered Judgment'ns th pd._ Our to sell almost all its holdings in western Mon- obvious that (sawmill owners).are concerned Royal Village,Inc.,Wal- '"of 208.71 feet; above-entitled cause,«entered about their timber supply." efforts are focused on acquiring more and more tana - 875,000 acres of timber and two* lace E.Diteman,Lallora Thence North 0°t'4'08• East`. October 4, 1988, and specif- Even'companies that already have vast tirnber." A sawmills that together employ 1,500 people. A.Diteman,W.D.Con- paralleling the West Section ically described in paragraphs expanses of timberland in he Panhandle are Louisiana-Pacific Corp. also acquired some But since Champion is marketing its land sank of ctionBelgrade,a Mo and o- the true poi ttof beginni^ance of 9feet to menntt, on fie tin the office E and F:of said of looking to buy acreage that figures to increase 18,000 acres of Shoshone and Kootenai County as a single unit, mill operators�without sub Lana Banking Corpora- Thence North 0°14'08• East, the Clerk of the above-entitled timberland from he Bunker ited Partnerlikely tion,successor In Interest 417.42 feet, court;615 South 16th Ave- d U - , P y . Sale a potential der to the Montana Bank of Thence South 89°501 st, nue,Bozeman,Montana. Ave- in upue as timber supplies fr decal land ship earlier this month. The an outbid a, sale a pl tentiaallsourcenof saw logs. Belgrade; 208.71 feet; 0 . Dated this 17th day of Oc- ` _ smaller competitor.looking to bolster its.own, m; z,a fi - Thence South 0°1a o8�west; toter,lssl. ,,; Potlatch Corp.,'s•Idaho holdings have .;. Plum Creek Timber Co.,1,P.,the second- y.: Defendants land holdings Idaho Forest Industries,Inc Ao ,_ " No.25335 417.42 feet; BILL SLAUGHTER grown•from 615,000 to 624,000,acres•in he,past ,; , -< .�,4 _ largest"private landowner in t]a Pacific North-: NOTICE OF - :Thence North 89*50'04•west r Sheriff of Gallatin County,MT • ' p Y y .. SHERIFFS SALE'="' '" 208.71 feet to the " Y Coeur ene.: two years.Tlie company also iLDS s negotiating with "It's lust not that often that such a big west also re ortedl hasmade it known` To be sold at Sheriffs Sale ginning,according�o C.O.S. B •DADeputy Sheriff0#644 the federal government to swap about 56,000 chunk (of timberland) become vailable," said among industry insiders thatsmall portions of on the 14th day of November, -572. acres of Potlatch land in Arka for timber its Idaho and western Montana timberl land of equivalent value in Idaho Jim English, an Idaho Fore; dustries vice president are for sale. V/ • - : .Utili comp� anylplans switch to low sulphur coal ., GILLETTE, Wyo. (AP) -A major South- hold costs down to your residential and.com- allowances, permitting some plants to exceed : : a �" standards e extent switching it power cplants to low-sulfur coal, Southern Co.s decision is good news for under the limits other plants come in I, t3' g company g met and it's eying he Powder River Basin of Mon-: _mines in the Powder River Basin of Wyoming Although the cost of transporting Powder tans and Wyoming as a source. and Montana, the biggest producers of low su1- River Basin coal to the`sy theast has dampened Tuna �;$� , The interest of South Company Services, fur coal in the coin hY• the hopes of some analysts that it could,corn-.. ■ Inc. appears to be one of the the first significant The Clean Air Act,signed into law by Presi pete with the low-sulfur coal mined in souther Bumble Bee ■ indications of how new federal pollution regula dent Bush last year, 'restricts sulfur dioxide ' Appalachia, Dawson said the Powder.River �,, 6 1/8 oz. �. tions may benefit the basin's coal industry. emissions from coal-fired power plants, consid- Basin is in the running for new contracts from Southern Co., which owns utilities in four ered to be the leading cause of acid rain. his company. E LIMB i Southern states, must reduce sulfur emissions Those plants,primarily in the Midwest and "I think there is a reasonable chance that 2 ■ in eight of its coal-burning power plants by 1995 Ohio Valley,must cut heir sulfur dioxide emis- . Powder River Basin coal could come east, he =`because of last year's changes in the Clean Air sions by half, or 9 million tons annually, in the said• I "Act, according to Vice President Robert Daw next decade. ■ Water ekOn ■ Both the Union Pacific and the Burlington � � son. The restrictions, which take effect in 1995 Northern (railroads) are very cooperative and ■ .,. Headquartered in Georgia, Southern Co. and tighten in 2000, essentially give power right now are pushing he Powder River Basin ; has plants in Georgia,Alabama, gh-sulfur coal three one coupon per customer. Ell. gi Mississippi and plants that now burn hi interest as hard and as fast as the can, he • Florida. options: ' Y • Cash value i/20t said. i" ♦ Expires October 23,1991 PLU 980 Bomman store only - Dawson said switching to low-sulfur coal -They can install scrubbers at a cost of up •. ........Atberb"n ....... a M an• - instead of cleaning high-sulfur coal with scrub- to$100 million each,which would eliminate up, Southern has already done extensive test burns of Powder -der River Basin coal at is plant �........ e e .........• bers would be less expensive. ; to 90 percent of the sulfur emissions and allow s"Scrubbers are real costly,"he said."If you them to continue burning high-sulfur coal; ' in Georgia beginning last year. � . ■ ■ can come into compliance by switching to a =They can The company purchased coal from several Turkey am switch to lower-sulfur coal and � � lower,sulfur coal and avoid installing scrubbers, pay generally higher transportation costs; operators;in the Basin, including Kerr-McGee, ARCO,AMAX,Peabody and Mobil. * :'gin Festive- ■ you meet the Clean Air Act requirements and'. -Or they can trade or sell pollution Y {t `" Whole,3 to 5 lb ■ average . DOLLHOUSEr _ - ,lp. < ` ;5 _ ■ NN'S ELEANOR ,N.. TRuiTT, LSW Umlff HAPPY DOLLHOUSE A11I1Ot111CPS `� tei4 ■' �� 1 &MINIATURE MONTH R ° ♦ i 20°r6 OFF SALE The Opening of Her Office For Odudtrg Hardmades) , ' ,,t, One coupon per customer. Lb ■ Oct. 14th-oct.26th : ADOLESCENT &ADULT COUNSELING :°• Cash value 1/200 Expires October 23,1991 PLU 980 Bozeman store only Special Sauin or earl Christmas Individual,Couple,Family&Group Therapy, B U ZEMAly ' Alberteons� Pe Savings 9 �.. .... ...... ........ ...��� Shoppers. Start now to get a house completed by Christmas! 3 S. Willson Plumbing & Heating R-om Our Deli M.r 11-5,sat 11-4 • �����` Prices effective zso8 W.Malin•587-1690 BOZEMAN �a, 587-U378 ®a�r.� �F Oct. 21 thru Oct. 23 f You have roots in your drain! 1991 You've had your drain cleaned �Slit�ed NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT 99 and this was the culprit. AfterTO NOTICE IS HEREBY GIVEN of the public hearings to be held before the Bozeman City County Planning Board on Tuesday, cutting the roots they grow. OrderLb. AVAILABILITY November 5, 1991, at 7:00 p.m.,in the City Commission Meeting Room of Bozeman City Hall;411 East Main Street, Bozeman, back, bigger and"stronger, Each of these advertised items Montana, and before the Bozeman City Commission on Monday, November 18, 1991, at 7:00 p.m.,in the City Commission breaking and spreading the is required to be readily Meeting Room of Bozeman City Hall, 41l East•Main Street, Bozeman, - available for sale at of below Montana. cracks in the pipes more and � � T® the advertised price in each The purpose of the public hearings is to consider a Conditional Use more.,You'll start.to back up Aibertson's store,except ad Permit application requested by Joseph and Susan.Billion, 1919 West P more regularly.You can put off specifically noted in this ad. . L : the inevitable replacement until 4 CX/M 6W hdGerlS Main Street, Bozeman, Montana, pursuant to Chapter 18.53 of the R.p I R 1 RAIN CHECK you cant stand the mess by p ff[Y'1V We strive to have on hand 07/02/90 City of Bozeman Interim Zoning Code. Said Conditional Use yam••! I^' ''i' Permit would allow the applicant to develop an auto-related commercial .2. .Subdip sion anymore. - sufficient stock of advertised planned unit development on approximately twenty(20) acres of land on pan u•s•191 CALLUS! /. 1, �� 115 pf S�Dft'. merchandise.if,,for any reason, Ask us about Montana Power's we are our of stock, a RAIN property zoned"R-0",Residential-Office District The proposed planned unit CHECK will be Issued enabling development is located in the East One Hatt of the Southeast Ore-Quarter .,3 0 _ $100 cash rebate or 8.9% APRAMR ® you to buy the item at the t of the Southeast One-Quarter of Section 9, Township 2 South, Range 5 3 0 financing when you switch to advertised price as soon as it East, P.M.M., Gallatin County, Montana. R is more commonly located V. M North natural gas.Limited offer. becomes available. approximately one mile west of the City of Bozeman at the northwest ®Copywrignt 1991 by Albertson's,Inc.all Rights Reserved. intersection of U.S.Highway No.191 and Cottonwood Road. rs _ s og aaTestimonywill be taken at the public hearings.Maps and related dataof = RS-1 . open 2`t Hon r$ the area under consideration may be reviewed in the Bozeman City-County Planning Office, 35 North Bozeman Avenue, Bozeman, Montana, 586 O11Mon1aniPovrctCoi' for yolir,Shopping Convenience 3321,Ext.227: Andrew C.EPde i ,ve.9 0AP '200 S. 23rd a Bozeman, MT Planning Director Bozeman City-County Planning.Board � M M Development Review Board - October 16 , 1991 Z-91131 - J. C. BILLION - U. S . Highway 191 and Cottonwood Road - Conditional Use Permit application for a twenty-acre, auto related commercial Planned Unit Development . PROJECT REVIEW - Dan Kamp was present . DRB Members present were Ben Tintinger, Ken Ryder, and Cliff Chisholm. Others Present -- Dave Skelton. Dave introduced the project Billion Plaza, located at the intersection of Cottonwood Road and Highway 191 * and designated as a commercial node. The new Master Plan .update designates a commercial node as a key intersection of two arterials for commercial development if the necessary provisions are provided by the developer to mitigate the impact on the surrounding area and provide land use development guidelines, such as siding of the buildings , a scale compatible with the surrounding area, architectural treatment, landscaping, and buffering. Although the entire PUD should have been done before the auto dealership, the board is presently taking a look at it. The staff wanted to give the professionals who have the expertise an opportunity to comment on whether this proposal is such that it will control the development at this commercial node . Billion Plaza consists of 20 acres, including the car dealership. The Business Park to the east is the proposed PUD. There is some R-0 to the west and the remaining is agricultural suburban. This whole area is designated either suburban residential or urban residential . Zoning says that other proposals or land use can occur within that residential area by this PUD land use development process . This is a situation where the Master Plan, being very flexible, doesn' t correspond with the zoning in that area. The idea is that through the PUD concept review the City can avoid a strip of commercial development into the entryway to Bozeman. From a legal aspect zoning take precedence over the Master Plan which is almost a reverse of what the City is trying to accomplish. Cliff stated that he felt that the DRB should be addressing only the design guidelines because the board is concerned with the quality of development and integrity of the unit from a design standpoint as a recognizable, coherent development . Dave stated that each new building will go through a site plan review. The DRB will look at each specific project and weigh that proposal against what is approved through this PUD review process . There is some serious concern with the sketchbook and the narrative that supports it because of future modification requests by new owners . Dave feels that it is a very serious effort by the developer to address this situation. Cliff stated that the language concerning the site development and site planning looked strong and it sets the ground work to control the quality of this development. He felt, however, that the architectural guidelines are too vague. There needs to be some kind of balance that has not been addressed in the document. The architectural language creates a completely open book, which means no restrictions at all . The PUD should be a coherent development which sets itself up as an entity, but in order for this to be accomplished there needs to be some design guidelines which address more clearly such things as color and materials used. Billion Plaza could be just a scattering of random, ad hoc development . Dan said the owners did not -want it to become a theme project where every building has a certain style gable, with shingles within the gable and certain types of trim. They wanted the design sketchbook to be flexible enough to be open to a business that has a different, but well done type of theme . Ben stated that he felt .the language of the document was satisfactory. If it is too restrictive, it sets impossible standards . Ken stated that the project needs to strongly differentiate between commercially designed buildings and a residential look. It should set a standard, but still leave a lot of flexibility. He wondered what was the extent of commitments being made from other businesses? Dan informed the board that he has had inquiries from three businesses . Two were light manufacturing and -one was a detail shop for cars . One company was proposing a contemporary design using rather clean lines with beams and wood siding. Dan stated that what they had pushed for is not the building, but the landscaping itself, the open space along 191 , and consistency in signage and landscaping. He compared it to Willson Avenue, which does not have one particular style or one particular element that is repetitive, but it works nicely because of the placement on the site, street lighting, type of vegetation and landscaping. Each building on its own is a very interesting building, but there is no continuity in style from house to house. Landscape guidelines in the Billion Plaza project set some very definite perimeters for landscaping, separation between lots , and interior circulation. Dan gave the example of a very austere building which functioned rather well when the guidelines were applied to it. Ken stated that type of uses influence the design. A good start would be to create a situation where they will attract a certain type of client who has a proposed use that is going to create a consistency or unifying element and still have a broad range of design. i I Dave felt that the more the board can define guidelines , the less subjective and time consuming it becomes when it comes before DRC and DRB in the future. Cliff agreed that we need 'a document that is binding to the City even if the present people involved are gone . Cliff said that architectural guideline objectives on page C-34 'work in opposition to each other. There needs to be some definition to resolve the two issues . Dan said he did appreciate the concern of the„ governing body for the future when most of the lots are sold, but he felt there are enough elements in the document to the create desired continuity. Ken made a motion to accept the document as written to the extent that the DRB and DRC will be able to review each building on an individual basis, and added that the DRB should be able to create a unifying theme .through its review process . The motion was - seconded by Ben. Ken and Ben voted for the project. Cliff voted against it, adding that he feels the language should be stronger, but he recognized the amount of work that had gone into this proposal and the serious commitment given to make it a quality development. Development Review Committee - October 16 , 1991 Members Present - Roger Sicz , Phill Forbes, Dan Figgins, Fred Shields, and Craig Brawner. #Z-91131 - J . C. Billion - U . S. Highway 191 & Cottonwood Road - Conditional Use Permit application submitted for a twenty-acre auto-related commercial P. U . D. FINAL WEEK REVIEW - Dan Kamp and Gerry Gaston were present. Others Present - Dave Skelton , Donna Havens Dave distributed Staff ' s written comments to DRC and Dan Kamp. Dave stated that he would like #6 of the memo to be a requirement in the PUD Guidelines. Roger read his comments and distributed a copy to Dan . There was discussion of detention. Craig questioned whether the holding facility was adequately sized. He stated that the storm drainage detention plan for the entire PUD was based on a five-year storm event as the J .C. Billion site was. However, he feels the J .C. Billion site was done incorrectly and that the storm drainage detention plan should be based on a ten-year storm event. There was discussion of Item 3 in the memo from Dave. Dave recommended that the City receives copies of the reports (At this point there was discussion that was recorded over on the tape and the recording secretary was not present. However , discussion continues on the tape at a later point as follows) . Dan stated that it is unfair that the fire protection requirements in that area are being placed on a rural residentially trained , maintained , and equipped fire department. Dave stated that the possibility of dry bays rather than wash downs was discussed earlier. Craig stated they have not made that a requirement, just recommended it. Phill stated the guidelines could include that recommendation. It was moved by Roger , seconded by Craig , to conceptually approve the proposed PUD with the understading that DRC will review each submittal through the site plan review process as submitted . And to direct Staff to incorporate into the PUD guidelines clarification for further discussion on items provided in the memo from Planning exclusive of dry bays. Requesting records to be available to the City of Bozeman on Items 3 , 4 , and 6 . Request storm drainage runoff retention calcs be reviewed and approved by the City of Bozeman. Item 1 will be the responsibility of the Property Owners Association . Request a report from the State to the City of Bozeman for Item 4. The motion unanimously carried. r; T i CN 1 kv . Wednesday,October 16, 1991 9s a O Car dealer s plans re ceive 1 county ' s 0K .., By IANG SMITH will go into a separate collection Chronicle Staff Writer system,which takes the waste to a ' double-lined'collection basin, Gas- Bozeman car dealer Joe Bil- ton said. lion convinced Gallatin County The ground water is also test- commissioners Tuesday the com- ed each month for contamination mercial subdivision he hopes to by the state Department of Health build around his new dealership and Environmental Sciences, he will have enough open space and said. That testing will continue at { will be environmentally safe, least through 1995. s Commissioners Jane Jelinski and Although Billion's proposal Deb Berglund approved the pre- attracted public comments when it liminary plat for Billion's 20-acre went through the City-County Plan- .Auto,Plaza subdivision at the ning Board, Tuesday's commission i intersection of U.S. 191 and Cot- meeting was quiet. No neighbors tonwood Road with 15 conditions showed up to comment about the that must be met. The approval allows Billion proposal, but commissioners read a Con- to divide the tract west of the letter of protest sent by A] and Con- a Main Mall into 10 smaller lots, nie Lien,and Marilyn Woods: which he plans to sell to other The trio said they worried about automotive-related businesses, or possible ground water pollution and i light industrial or computer com- the traffic problem that area is panies. already experiencing. "All the t The county's open space promises over the years and flowery ? requirement and concerns about rhetoric that the entries to Bozeman possible pollution to the ground. would be preserved and not allowed 7 water in the area dominated dis- to become commercialized with ugly cussion Tuesday. ' billboards have seemingly been for- Commissioners said they gotten in exchange for I don't know," wanted to create a buffer zone they wrote. along U.S. 191 and Cottonwood Billion told commissioners there Road with open space and land- were people who thought car dealer- scaping, and after much discus- ships should be built underground in ` sion, asked Billion to add about tunnels, two more acres of open space. "There are people who don't f Ground water in some,!areas want commercial use here, or.who of the property is only from 1 to 9 don't want it anywhere," Billion said. feet below the surface,;which "But we have to go someplace and I prompted-the environmental con- think this is a concept that will work cerns. very well." v Berglund added a'condition The subdivision will have a bike 1 to the approval that Billion sub- and hiking path along Baxter Creek, mit a plan showing how the which runs through the property. s ground water will be protected Also planned.is a walking path sur- -+ and how businesseswill prevent rounding the subdivision and a picnic hazardous materials�'used in auto area,he said. shops from leaching into the The subdivision's water will be ..,LupRh2d by two wells.i.but the sys- Billion's engineer*Jerry Gas=" tem was designed to busily" ton, told commissioners Billion switched to city water, when city has gone to great lengths to pro- service lines extend that far to the tect the ground water from con- west,Billion said. tamination.A drain tile system was The next step for Billion will installed to lower the ground water be taking the project back to the level,he said. Bozeman City Commission for Any commercial wastes, such Planned Unit Development as oil or solvents from the dealer- approval under We city's zone ship's auto shops and parking lots, code. i i a c urc and a e nortTI of this West African mosque were destroyed by fires, nation. an unspecified number of other •Deadly clashes between Mus- places of worship wereAamaged, 'lim and 'and.4Vshops akid'34'l}ouses3wer'e quent`iri?the�'no•rth��off�ligfe•tia;`;�Fsetjablaze..�Repo'rter§'said more which is Africa's most populous than 120 shops viere burned!!;, Soviets warn of upheaval P , without new union treaty BANGKOK,'lbailand (AP) — Last week,the chairman of the Offeing Western leaders figures Soviet State Bank;, Viktor MEMORANDUM ----------------------------------------------------------------- TO: DEVELOPMENT REVIEW COMMITTEE FROM: DAVE SKELTON, SENIOR PLANNER RE: J .C. BILLION PLAZA P.U.D. DATE: OCTOBER 16, 1991 ----------------------------------------------------------------- The proposed J .C. Billion auto-related planned unit development submitted by Joe and Susan Billion encompasses Land Use Development Guidelines, Development Manual , and By-Laws/Restrictive Covenants for the approval of a 20-acre commercial development. The P.U. D. submittal does not respond to specific buildings and/or structures on individual lots within the subdivision at this time. The Development Review Committee will have the opportunity to review each proposal through the Site Plan Review process at such time that each lot owner makes application to the Planning Office. At this time it would be appropriate for the D. R. C. to consider conceptual approval of the proposed P. U . D. at this time with the understanding that the D. R.C. will review each specific project at a later date. Issues that might be discussed at this time may respond to the following items: 1 . Responsibility of repair and maintenance of subdivision infrastructure ( i .e. , roads, water, sewer, sidewalk ) . 2 . Storm drainage runoff retention management. 3 . Montoring of water discharge from private community sanitary sewer system. 4. Monitoring of obtrusive nuisances and hazardous waste . 5 . Requirement of "dry bays" in auto-related uses. 6 . Responsibility of maintenance and upkeep of disinfectant chlorination facility. DS/dps Conclusion The Bozeman City-County Planning Office has reviewed the application for a conditional use permit to develop an auto- related commercial planned unit development against the Interim Zoning Ordinance and 1990 Bozeman Area Master Plan , and as a result recommend to the Bozeman City-County Planning Board conditional approval with the following attached conditions : 1 . That the applicants submit established building elevations and 100-year storm ponding capacity calculations for the entire planned unit development , being Exhibit "B" , for review and approval by the City Engineer ' s Office , and that Exhibit "B" be attached to the land use development guidelines prior to Final P. U . D. approval ; 2 . That as-built plans and specifications of the private community water and sanitary sewage system be submitted to the City Engineer ' s Office and Superintendent of Water/Sewer to assure future compatibility with the City of Bozeman infrastructure ; 3 . That the applicants submit a stormwater Drainage/Treatment Plan and Maintenance Plan for the planned unit development for review and approval by the City Engineer '.s Office prior to Final P . U . D. approval ; 4 . That off-street parking and loading areas not be allowed to be within twenty-five feet ( 25 ft. ) of any property line fronting a dedicated street , and that it be noted as such in the guidelines prior to Final P. U . D. approval ; 5 . That the protective covenants add Section 5 . 15 which recognizes that the property owners association is responsible for maintenance and repair of all right-of-way improvements , including pavement, curb, gutter , sidewalk and exterior lighting prior to Final P. U . D. approval ; 6 . That the protective covenants add Section 5 . 16 which recognizes that the property owners association is responsible for maintenance and repair of the private community water and sanitary sew-. E . facilities prior to Final P. U . D. ' approval.; 7 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 1 - Auto- related Uses , exclude the wording : " inc.luding but not limited to" and that the land use development guidelines reflect it accordingly prior to .Final P. U . D. approval ; 8 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 2 - Business Park Uses , exclude medical clinics , hospitals , banks and financial institutions , trade schools , and any use approved as part of a planned unit development, and that the land use deveIopr,,ent guidelines reflect it accordingly ;-•rior to Final P . U . G. approval ; 18 9 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 3 - Light Manufacturing and Assembly be approved as proposed ; 10 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 4 - Commercial Uses , exclude the wording : " including but not limited to" , and that the land use development guidelines reflect it accordingly prior to Final P. U . D. approval ; 11, . That Section 2 . 0 - Approvals and Submittals , Section 3 . 0 -Site Planning Guidelines , Section 5 . 0 - Landscape Guidelines of the development guidelines be revised as recommended by the staff report and correspondence with Mr . Dan Kamp , dated March 8 , 1991 , and that the revised guidelines be reviewed and approved by the Planning Staff prior to Final P. U . D. approval ; 12 . That Section 4 . 0 - Architectural Guidelines of the development guidelines expand on the applicants ' definition of "contemporary" as outli.ned by the staff report , include a "palette" of materials , "quality" of buildings , specific architectural elements and treatment, dominant elements other than. architectural , and control of building bulk and scale , and that it be reviewed by the Planning Staff and Design Review Board prior to Final P . U . D. approval ; 13 . That the Bozeman City Commission be made a party to any revisions or modifications to the land use development guidelines and protective covenants for the planned unit development; 14 . That the applicants submit a storm drainage detention plan for the entire planned unit development based upon a ten-year storm event , for review and approval by the City Engineer 's Office prior to Final P. U . D. approval ; 15 . That the applicants submit to the City Engineer ' s Office , in triplicate , a report on the monitoring of water discharge from the private community sanitary sewage system on an a­,,_)ual quarterly basis Leginning with January , 1992 ; 16 . That the applicants submit to the City Engineer ' s Office and Planning Office , in triplicate , a written statement identifying all potential nuisances that may arise from each land use activity and provide a plan for the acceptable handling , disposal or refredy of those nuisances prior to issuance of a building permit for each land use activity ; 17 . That seven ( 7 ) copies of the J . C . Billion Auto P1aZa . Land Use Development Guidelines and Master Site Plan , containing all the conditions , mod i f i cat.l ons , and corrections approved by' the Bozema:'). City Commission , be subniitted for review and approval by the Plam ': ng Director within si-x ( 6 ) months of the date of City Commission apprc . al . of the application for a Condit-ional use permit . 19 MEMORANDUM ----------------------------------------------------------------- TO: DESIGN REVIEW BOARD FROM: DAVE SKELTON, SENIOR PLANNER RE: J .C. BILLION AUTO PLAZA - P.U.D. DATE: OCTOBER 10, 1991 ----------------------------------------------------------------- Attached p 1 ease f i nd cop i es of comments f rom the Des i gn Rev i ew Board , Bozeman City Commission and Planning Staff during the review of the Conditional Use Permit for the J . C. Billion Mazda auto dealership. During the C. U. P. review considerable discussion evolved around the P.U . D. , its architectural and landscape guidelines, open space , buffering, and the architectural sketchbook . The attached information is intended to give you a background on the discussions that have occurred to this date regarding the proposed auto-related planned unit development. A recommendation from the D. R. B. will be necessary at the October 16 , 1991 meeting to be carried forth to the Planning Board in the Bozeman City-County Planning Board - Staff Report. Those members of the D. R. B. which attended the October 8, 1991 meeting (Cliff Chisholm, Ken Ryder, Ben Tintinger, and Keith Swenson) and have already received the P. U . D. submittal. , should plan to attend the October 16 , 1991 meeting. This will allow those members of D.R. B. who have had the opportunity to review the submittal to be prepared to make a formal recommendation to the Planning Board. If you are unable to attend please make sure that the member of the D.R. B. who replaces you gets the entire P.U . D. submittal . Thank you for your assistance. . DS/dps Attachments Development Review Committee - October 8, 1991 Members Present - Roger Sicz , Craig Brawner, Dan Figgins, Fred Shields, and Kyle Harlan #Z-91 1 31 - J . C. Billion - U. S. Highway 191 & Cottonwood Road - Conditional Use Permit application submitted for a twenty-acre auto-related commercial P. U . D. SECOND WEEK REVIEW Others Present - Dave Skelton , Donna Havens Dave stated that he would meet with Phill and Craig regarding this application . There was no further discussion . Development Review Board - October 8, 1991 Members Present - Cliff Chisholm (Chair) , Ken Ryder (DRB) , ben Tintinger (DRB) , Joe Frost (City Commissioner) , Dave Skelton (Staff ) . #Z-91131 - J.C. Billion Plaza - Hwy 191 & Cottonwood - P.U.D Dave distributed guidelines & reviewed background of project. He noted the guidelines are now the issue at hand , specifically arch guidelines, uses and covenants, and asked DRB to review those ! issues. He noted that the original idea of "auto related" uses has expanded to restaurants, banks, manufacturing , etc . He added that staff is very concerned with list. Joe Frost stated he and Tim Swensen met with Dan Kamp regarding the use list and pared it back considerably. However, all of those changes are not reflected in the guidelines. Cliff asked if this use is compatible with the Master Plan P.U.D. concept. Dave replied commercial nodes were allowed at major intersections. The master plan refers to retail & commercial services and wonders if these uses are compatible. It was brought to the City Commission as auto related , however commercial was then added later. Dave will give the board copies of his letter addressing the arch guidelines, many issues of which were not addressed . He will also forward City Commission minutes. Dave stated one of the key elements was to buffer 191 and incorporate future review. Additional review will be required which will eliminate some buffering . i I io Design Review Committee - October 1 , 1991 Z-91131 - J.C. Billion Auto Plaza - U. S . Highway 191 and Cottonwood Road - Conditional Use Permit application submitted for a twenty-acre Auto-related Commercial Planned Unit Development . INITIAL WEEK REVIEW. - Dave stated that this is not a major or minor subdivision review, but it is a review of P .U.D. permitted uses within the subdivision. As each project comes in for a building permit, the committee will review it . He said he wanted an opportunity for the committee to make comments before the subdivision goes before Planning Board tonight. Dave recommends approval with 20 or more conditions . Dave requested that Craig and Phill look at the technical engineering data, especially the treatment of the private community water and sewer system. Since Chlorine is a hazardous material, Phill wondered who will respond to a chlorine leak. Dave stated that as a condition of approval they will need to clarify who would respond to it, and it would be approved and reviewed by City Staff . MEMORANDUM ----------------------------------------------------------------- TO: BOZEMAN CITY-COUNTY PLANNING BOARD T�AIAF__ FROM: DAVE SKELTON, SENIOR PLANNER RE: J . C. BILLION AUTO PLAZA SUBDIVISION, P.U.D. DATE: OCTOBER 1 , 1991 ----------------------------------------------------------------- After reviewing the Staff Report for Planning Application #P-9110A -- A Preliminary Subdivision Plat Application For J .C. Billion Auto Plaza Subdivision Planned Unit Development the Planning Staff has discovered that portions of two sentences were not completed . They are: Page 10 : Under Ownership, Maintenance and Repair of Community Facilities - Article VII , last two words of first paragraph: Please add the two words "public sidewalks" to the end of the sentence. Page 13: Under Criteria #8 - Effects on Public Health and ' Safety, end of first paragraph. The notation regarding high ground water at the end of the last sentence should read: "Lots with this subdivision may be subject to seasonal high ground water which may impact the construction of building footings and foundations. " My personal apologies for any inconvenience this may have created 'for members of the Planning Board. DS/dps i- *PARTMENT OF HIGH YS ( i�IHLJ <<;� OF THE STAN STEPHENS. GOVERNOR 2701 PROSPECT AVE. STATE OF MONTANA d� ay HELENA, MONTANA 59620 Oq0_y_OIP September 26, 1991 ' Dave Skelton, Senior Planner Bozeman Planning Office P.O. Box 640 Bozeman, MT 59715 82 Subject: F 50-2 11( ) Bozeman Four Corners J.C. Billion Auto Plaza Subdivision Ref: 64-JHH We've reviewed the above-noted subdivision plat as it relates to our proposed Bozeman Four Corner highway project. We request that the portion of the subdivision necessary for the highway widening be reserved for future right-of-way. This area is indicated on the attached plat. It is the department's intention to compensate the landowner for the right-of-way at the time other rights-of-way are purchased for the project. It is our intention at this time merely to avoid the placement of any further improvements in this area. Jack R. Ricker, Chief Right-of-Way Bureau JRR:JHH:D:MT: 38.nr Enclosure i I "AN EOUAL OPPORTUNITY EMPLOYER" I� Auto' co ple ' 9 ets boardnod ' ;,- By AL KNAUBER developed into park land that will be Chronicle Staff Writer landscaped, Gaston said. Other, . , f areas that will be difficult,to build on qwo ati411irfr[trnN 1 ,-wa. fwnu e,gci because of their„shpPe wdl_,a1s0 ey Bozeman automobile dealer Joe " devoted-to parkland use. ' Billion is on the road to receiving The development, located outside,, approval for his commercial subdivi- the city limits, is regulated by both sion along U.S. 191, west of the city and county officials. �. Main Mall. The additional land now proposed The City-County Planning Board for park land will help reduce the,,.t decided Tuesday to recommend consequences of having a commer- approval of Billion's subdivision to cial development on land proposed-, Gallatin County commissioners,- for residential use in the city's with 14 conditions. master plan, Skelton said. .� The Planning Board couldn't Billion is proposing to subdivide n agree on how much land in the the' 20-acre tract into 10 smallerz development would be excluded tracts. from construction - through set- Billion opened his dealership in,., back and park land requirements— the subdivision in July and said'+ but a tentative solution was reached Wednesday one automotive-related on Wednesday by Jerry Gaston,. firm has expressed an interest in Billion's engineer, and the Dave locating there. He said light manu- Skelton of the planning office. facturing and computer-oriented`' Under the compromise, the 35- firms may also build there. . foot-wide strip of land withheld from "We tried to design an above- construction for open space and 'average facility and a positive setback requirements, was reduced looking facility for our entryway" to 25 feet. into Bozeman, Billion said. U.S. 191 In return, Gaston proposed the is one of seven avenues leading into development relinquish control of the city that will have special design, this 25-foot strip, allowing it to be guidelines for businesses. ` q�1302� Attachment "c" THE CITY OF BOZEMAN • (j 9•f. 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3 * * BOZEMAN, MONTANA 59715-0640 ---- - RECEi"'ED BY BOZEMAN �o��: September 17, 1991 CO Ci T Y-COUNTY PLANNING OFFICE TO: City/County Planning Staff DATE FR: Phillip J. Forbes, Director of Public Service/ RE: J. C. Billion Auto Plaza Subdivision After reviewing subdivison documents, I would make the following two comments: 1. The subdivision roads are not built to City standard. The Community Impact Statement should be revised to eliminate this reference. 2. Because the community water system uses chlorination for disinfection, the maintenance and upkeep of that facility is very important. Of utmost importance is to know which entity will respond to any chlorine leak that may occur. Obviously, the responding agency must be trained and equipped to deal with a chlorine emergency. All other concerns have been adequately addressed in Craig Brawner's memo which you received earlier. If you have any questions about my comments, please contact me. PJF/mcl cc: Craig Brawner, Assistant City Engineer 0 HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK r S RECEIVED BY MEMO so, THE CITY OF BOZEMAN CITY-COUNTY PLMNING OFFICE t U rd 35 N0. BOZEMAN AVE. P.O. BOX 640 �L • _ CARNEGIE BUILDING PHONE (406) 586-3321 BATE BOZEMAN, MONTANA 59771-0640 8.�o� Dave Skelton, Associate Planner Attachement FROM: Craig Brawner, Assistant City Engine, RE : J.C. Billion Auto Plaza Subdivision DATE : September 11 , 1991 I have the following comments regarding the above-referenced preliminary plats . 1 . Water System Improvements (Existing and Future Extension) The following must be addressed prior to City approval of the water system for future acceptance for connection to the City water supply: a. Final plans and specifications must be approved by the City Engineer. This includes the future extension planned on Competition Drive . b. All future service line installations must be completed in accordance with City standards and be inspected by the City Water Superintendent. C . Record drawings, Engineer' s Certification, Pressure Testing results, and Bacterial test results must be provided. d. The following construction deficiencies (punch list . items) must be corrected: 1 ) Stationary rods are required on all curb boxes over 1-inch in size. A valve key cannot be seated on the service line curb stops at stations 6+41 and 6+56 . The curb box at station 7+96 could not be located and checked for valve key seating. 2 ) The fire hydrants are not at the proper elevation for satisfaction depth of bury. 3 ) The stormwater detention facility was not constructed in accordance with the site plan. Specifically the pond bottom appears to be too high and it appears a direct discharge has been made from the grit separator to the creek. 4 ) Adequate stormwater facilities need to be provided for the street improvements . 5 ) The public sewer collection system and pump station for the subdivision shall remain a private system regardless of the connection status with City sewer. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 6) A Users ' Association must be established to assure the proper operation and maintenance of the water and sewer systems . The developer must demonstrate that the Association has the ability to provide proper operation and routine maintenance of the system. 7 ) Cottonwood Road easement must be dedicated to the public . 8) The stream bank set back needs to be established. 9 ) Auto Plaza Drive was not constructed to the 37 foot City standard width ( 26 feet existing) . As such it must remain a private street maintained by a Users ' Association. 10 ) Waiver of Right to Protest Annexation must be provided and filed with the County property records . 11 ) I would suggest we require installation of sidewalks with curb and gutter or at least a plat condition requiring installation of sidewalk as the properties develop. Let me know if you have any questions . CB7 cc : Phillip Forbes, Director of Public Service Attachment RAE RA,VOLUNTEER FIRE 006PANY R D P Bozeman, MT 59715 G 4 September 9 , 1991 RE : J . C . Billion Auto Plaza Subdivision Attachment "B" Response Time and Access There is adequate access into this Subdivision from H.uffine Lane , however we would suggest that no parking be allowed on Cotton- wood Road, Competition Drive 'and Auto Plaza Drive . The Subdivision is approximately 1 mile from the Fire Station or 2 minutes driving . This is a very appealing response time in a rural situation . Water Supplies I ' Rae Fire Company is capable of delivering 4900 gallons to the scene . Additional water requirements would be the utilization of the presently installed ' on site ' hydrant system . This system has been previously inspected by personnel of the Fire Company and found to be more than adequate for the requirements of our present equipment . The Fire Company also has a year-round water source located 1 . 5. miles from this Subdivision that could be shuttled by tanker . Equipment There will be no adverse effect. upon Company equipment with the addition of the proposed Subdivision . Manpower and Responses Rae Fire Company has well trained Fire Fighters , however they are all volunteers and must be paged at their personal jobs and resi- dences for fire responses . There are no full time personnel assigned to the fire station : This situation will increase re- sponse time . Summary In attempting to provide the best possible service to this Sub- division the following should be considered : 1 . Fire lanes kept open by restricting parking on all interior roads . 2 . Furnish Fire Company with locations of utility discon- nects for the various improvements as they are con- structed in the future . 3 . Allow the Fire Company to utilize the present fire hydrant system on occasion for system testing and train-. ing purposes . Board of Directors Rae Volunteer Fire Company 130 0 THE CITY OF BOZEMANBY• �(� P 9't• ZEMAN 35,NO. BOZEMAN AVE. P.O. B0 ¢�Q CCEIVE O NTD PLANNING OFFICE +► CARNEGIE BUILDING PHONE(406) 586 ee BOZEMAN, MONTANA 59771-0640 9 CO. 1 CITY OF BOZEMAN DATE ENGINEERING DEPARTMENT INDIVIDUAL ACTIVITY REPORT X Field Copy to: Fred Shields Telephone Dave Skelton Office 'Phill Forbes Report by Craig Brawner Date: 9-6-91 Time: 9:40 a.m. Person Contacted: Fred Shields (Gaston' s office indicated he . was on site, but never found him) . Phone: N/A Address: Cottonwood Road Subject: J.C. Billion Auto Plaza Site Improvements Inspection SUMMARY OF ACTIVITY: Fred shields and I reviewed what improvements were visible. We made the following notes: 1. Water service into Billion building appears to be sweated joints. City of Bozeman usesmechanical (flared-fitting) joints on all its service lines. 2. Stormwater detention pond is not constructed according to plan. Pond bottom is too high (at level of solids/oil removal tank) and it appears the solids/oil removal tank discharges directly to the stream through a 6-inch pipe. 3 . All water service curb boxes require stationary rods in accordance with Bozeman's Modification to MPW. 4. Valve key could not be seated on curb stops at stations 6+41 and 6+56 . We could not locate curb box at station 7+90 to inspect it. 5. Fred questioned how service taps were made. The City has the only local tapping machine. 6. Three of the fire hydrants are not at the proper bury elevation. These items need to. be satisfactorily resolved before the City will accept the facilities for future connection to our water supply. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK MEMORANDUM TO: PHILL FORBES, DIRECTOR OF PUBLIC SERVICE FROM: DAVE SKELTON, SENIOR PLANNER­Z�: — RE: J .C. BILLION AUTO DEALERSHIP DATE: AUGUST 27 , 1991 ------------------------7---------------------------------------- Attached please find the Improvements Agreement for the 20 , 000 sq . ft. J . C . Billion auto dealership located along U . S . Highway 191 west of Bozeman . The Agreement has already been endorsed by the developers , Joe and Susan Billion . Also find the cost estimates provided by the developers for on-site improvements . The Planning Staff respectfull.y requests . that you review the Improvements Agreement , and endorse and notarize it accordingly upon your approval of the project. The Improvements Agreement is the only item left to satisfy the conditions of approva_i , other than , the financial guarantee for improvements not installed prior to occupancy . Enclosed are the conditions of approval attached by the Bozeman City Commission . Endorsement of the Improvements Agreement by yourself will also verify satisfactory completion by the developers of those conditions of approval that were generated partially or in whole by the Director of Public Service , Assistant City Engineer , Superintendent of Water , and Superintendent of Streets/Sanitation . Those conditions- are : #3 , #6 , #7 , #8 , #10 ,' and #14 . DS/dps I �� �. _ _ � _ _ _ \ _ - � ', ,. - - - - - - - - - - - -- - ,� - I ,� I q- 1 • ' __ .._ __ _ _ _ ___ .. _ _ _ y1�' 1 f 1� �` WAiR OF RIGHT TO PROTEST ANNTION We, the undersigned, owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows : Beginning at the Southeast corner of Section 9 , T 2 S, R 5 E; thence N 00c' 22 ' 13" E , 57 . 47 feet to the true point of beginning; thence S 89c58110" W, 41 . 48 feet; thence S 89'�05120" W, 625 . 06 feet; thence N 0V31110" E, 1274 . 21 feet; thence N 88:'56 ' 49" E, 663 . 27 feet; thence S 00'022113" W, 1276 . 41 feet, to the true point of beginning. IN CONSIDERATION of receiving a Conditional Use Permit to develop a 20 , 000 square foot automobile dealership on the above described property, and for other and valuable consideration, the receipt of which is hereby acknowledged, have waived and do hereby for ourselves , our heirs , executors , administrators, personal representatives , successors and assigns , waive our right to protest the annexation or to file written disapproval in response to a duly passed resolution of intention to annex the above-described property to the City of Bozeman. This waiver shall be a covenant running with the land and shall not expire at our death. We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. DATED this 2,J day of 19 I �. r � 0 ( Signature) ( Signature) STATE OF MONTANA ) ss . County of Gallatin ) On this day of �� 199/ before me, Notary Public for the Sta e of at��,o�� personally appeared 'AQ1AZ ���, _ v known to ,me to be the �eeson(sl whose name( s) is/are subscribed to the within instrument and acknowledged to me that (t)he (y) executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above Mritten. Notary Public ., r to of t �ryc� Residing at` 90'2­�— (Notarial Seal ) My Commissio pires : le,--i1- 577 I i SIGN PERMIT ' N° 751 CITY OF BOZEMAN, MONTANA i Office of the Building Department i Phone - 586-3321 Date 19.0 Permission is hereby granted I to erect a sign at ��)r6 R�c�a ljr t�C,i • owned by (or place of business) J. C / to erect a sign in strict conformity with the current sign and building codes of the City of Bozeman and within the following guidelines, j CLASS OF SIGN DESCRIPTION Fin _ Projecting Size Pole X Combination Weight � ,� ;r;k 5., ", Ground T 6 X Marquee Material I X Electrical Total Height Wall Temporary AW Height from Ground Hanging or supporting equipment All rights and privileges acquired under the provisions of this permit nd pe fining ordinances or any amendment thereto, are mere licenses revocable at any time for due cause by hefBuiding Official of the City of Bozeman. i Signed t `By. ' p cant's Signature 44 i FEE $ /' 1 Q I _ �n � V E LSEP 279 2006 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT • ,t r ('titi SL[.!i Plyn70tr�=�� r i I PAN M, LA AN 0 V Z � A AUTO BODY 1 h. _ �.• .. •�' ,lea ��—�'�si — �I r Y ram, i a r�tr�l�ti�! ttil�t'� 1 v 4031 �Z 4�13 JT t xs z. v • • OA y 61%3 • • I , • Ai. �, Billion:'�6 1/2"�by 202" Chrysler 47� by 195 Dodges�:49" by �l57" Jeep 49 b��-125�3/4" , i I �m- ,.� +�.' � - a+ -., -,; �.:. � x ,' � ! e � _ :�'1 �,� � � -fie • � � � t . _ � ~`t mow. ,,..yr..w.n�. .w.. RAC 1.t1�1 7-/- o RAE VOLUNTEER FIRE COMPANY U P.O. Box 1107; Bozeman, MT 59715 L 01 8 Q June 29 , 1991 Dan Kamp 544 East Mendenhall Bozeman , MT 59715 Dear Mr/Kamp : Th ' is to inform you that the Board of Directors of the Rae Fire Company have reviewed and approved the on-site fire protection system at the new Billion Auto Facility on Huffine Lane . Sincerely , A Ray White President Rae Volunteer Fire Company �� `,,,�P��s,'C� k T�t� f�1��E �� -- _ _-, __ - �,15TISF 1 E't7 - I Aaiver of Right to Protest Improvements to the trail system along U. S. 191 and Baxter Creek I , the owner of real property situated on the County of Gallatin , State of Montana, and described as follows: E1/2SE1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M. P. M. , GALLATIN COUNTY, MONTANA In Consideration of receiving approval for a Conditional Use Permit , do hereby agree to construct a surfaced trail as shown on the Final Site Plan dated May 21 , 1991 . I do hereby agree that construction of such trail will occur at such time as the Parks, Open Space, and Trails Committee, the Bozeman Recreation Advisory Board , and the City of Bozeman have approved and adopted an area Trail System Plan. Construction of said trail will commence at such time as contiguous segments on adjoining properties commence construction in accordance with the trail system plan. Furthermore I do hereby agree to allow construction as an adjoining trail along the Baxter Creek drainage through that area shown on said Plan as "Open Space" at such time as proper access is acquired and adjoining trails are completed on the adjacent properties. This Waiver shall be a covenant running with the land and | shall not expire-. I warrant that I am the legal owner of the real property described above and have a lawful right to convey the property or any part of it. � � I,-7 ' Dated this ___ day of . ^ ' --I�--------~---��-~� ph u.. Billion , Owner STATE OF : SS J County of -Al > ~ ~ On this _ day ofbefore me, a Notary PubliC: for the S t a- Of ____����__ ____, personally appeared Joseph C. Billion , the owner of real property desc�ibed above and the person who executed the foregoing waiver , and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set seal,my t hn day and year first above written. R �C- C.?s t dihg My Commission expires _ / (SEAL) � � � � ' RECEIPT No. DATE 19L RECEIVED FROM cJ. 81 / l D-Y/ DOLLARS $s3 y6-Q 0 t FOR AMOUNT DUE AMOUNT Q© O� RECEIVED " BALANCE By r DUE s , � AIVER OF RIGHT TO PROTEST V~__ . .N- OF SPECIAL IMPROVEMENT D,ISTRICTSO OR RURAL ICTS FOR CURB, GUTTER, SIDEWALK , AND STREET IMPROVEMENTS EQUAL TO ONE-HALF A LOCAL STREET STANDARD .FO.RC.IOT'T-ON. ' We , the undersigned , owners of the reel property. situated in the County of Gal latin , State of Montana, and more partioularly described as follows : A tract of land being approximately twenty (20 ) acres located in the East One-Half and Southeast One-Ouarter . of Sect ion 9 , T2S, R5E, M. P. N. , Cityof nozeman , Qallatin County , Montana. IN CONSIDERATION'. of receiving approval of an application for a Conditional Use Permit to construct a 20 , 000 square foot auto dealership at the northwest intersection of U . S. Highway 191 and Cottonwood Road, along with accompanying rights and pr�vilegee and for other and valuable consideration, the receipt of which is | / hereby acknowledged , and in recognition of the traffic i m.oaota that will be generated by the development of the above-described property, have waived and do hereby for ourselves , our heirs , Personal representatives , successors and assigns , waive the right to protest the creation of one or more special improvement districts or rural improvements districts for curb, gutter, sidewalk , and street improvements equal to one-half of a local, ` street, for any future extension of Cottonwood Road north of the ' subject property, or to make any written protest against the ` proposed work or against the extent or creation of the district 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 ' This waiver shall be a covenant running with the land and shall not expire . We warrant that we are lawfully xeized and pnasnnsed of the real property described above and have a 1awful right �o convey the ! � The terms , covenants , and provisions of this waiver shall extend to and be binding upon the heirs , executors , administrators , personal .representatives , successors and assigns of the parties hereto. DATED this '- I' day of L- J Bill ion r Susan Bill -,;on STATE OF ) : ss County of ) On this _Z40 day of ` 19 before me, a Notary Public for the State e Montana, personally appeared Joseph Billion and Susan Bi l lion , known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same . IN WITNESS WHEREOF , I have hereunto set my hand and set my seal the day and year first above written . Notary Public for the State of Residing.. at _ My Commission cxp.i res�.� (SEAL. ) 2 it - ' RECENEF) ` DEPARTMENT OF HIGHWAYS P. 0. B'ox 3068 JUIV 5 1yJ1 Butte, Montana 59702-3068 of THE sT Telephone (406) 494-3224 - _-- Project # P- F STAN STEPHENS, GOVERNOR ---- STATE OF MONTANA June 4, 1991 Mr. Mack Stiff, Project Engineer RE: Billion Chrysler Mazda Gaston Engineering & Surveying P. O. Box 861 Bozeman, MT 59715 Upon inspecting the work at this site on June 3 , 1991 , it appears you have done a good job constructing the right turn lane. The only thing necessary to completion is the lane striping, arrow and only pavement markings, and the stop sign. If I can b?e of further help, please call . LEE C. ALT DISTRICT TRAFFIC ENGINEER LCA:cm: TUE: L. I cc: Mtce. Section 2210 Jerome Dyba, Maintenance Foreman District File I .1N FOU41. OPPORFUNITY FMPLOYF.R: • :'LIMITED ACCESS" • MICE I,I2-A - .--.- .-.- --.-. Stock PI �?� 2/28/83 3 STATE OF MONTANA-DEPARTMENT OF HIGHWAYS ���► HELENA MONTANA 59620 DRIVEWAY APPROACH APPLICATION AND PERMIT — To be f i-1 I ed in by Department of Highways Personnel— F.A. ROUTE NO. ._ P 50 APPROACH STATION(s) 208+03 0 207+89 DISTRICT Butte 'N0. 2 MILEPOST 85.8 COUNTY Gallatin PROJECT F 203(5) F 50-2(11)82 DRAINAGE AS DETERMINED BY DEPT. OF HIGHWAYS: T pe Not required Size Length AV Al Approach Recom en ed by District Date Approach Apolffation Al5_p?qAda Traffic Engineer or Traffic Unit by District Engineer APPLICANT (Property Owner) Name: Joe Billion o J.C . Billion Phone: 586-4575 W 1919 West Main Bozeman, MT 59715 bi Address: herein termed the applicant, requests permission to construct approachee described and shown on attached plot plan or plan and profile and hereb made a part of this application. Please indicate if permits or approaches are required from units of government other ` than the Department of Highways. Write the number of permits required in the box: ❑ Federal Government ❑ State ❑ County ❑ City ❑ N/A Private: X Public: Use of Property or Facility: Car Dealership (Residence Trailer Court, Gas Station, Field Access, 'type of Business, etc.) LOCATION: City or Town: Approximately 2 miles west of Bozeman on Highway 191 (if rural - direction 81 approx. distance from nearest city or town) Street Name, if any: Cottonwood Road ROADWAY OR HIGHWAY: Sight Distance: Left +5,000' Right +5,000' Surfacing: Asphalt Width: r APPROACH: Estimated number of trips per day : 540 Width: 27 ' Flare: 25 ' rad9 s Side of Roadway: north (N,E,S,W) DRAINAGE : See above as determined by Department of Highways. INSTRUCTIONS CONCERNING USE OF THIS FORM ' Applicant will complete and deliver this 'form' in duplicate to` the District "Engineer serving the area in which the Approach Permit is requested. The District Engineer, in conjunction with the ,District Traffic Engineer, is delegated authority to approve curb cuts,,-publid- and private approaches serving businesses, -residences' and agricultural uses in rural or urban areas without further consultation if the traffic con= ditions are not conjested. In conjested areas, usually urban situations, the. District Engineer and District Traffic Engineer can request the Manager, Traffic Unit in,. Helena for, additional technical assistance. If this is necessary, the approach should be scaled onto existing plan and profile sheets showing the highway right-of-way and sent to Helena. ti GALLATIN COUNTY SEPTIC TANK AND SEWAGE SYSTEM PEP-MIT Permit to Install, Extend or Repair, Septic Tanks and Sewage Systems, with inspection. In accordance covering the same. Passed by Gallatin County Board oa�f-- Health. Effective January 1, 1966. This permit is issued to �cr'i� �ofo �a� for the following sewage disposal system on the Premises of (Owner) AW&C, Exe. Located at ,�WDX r-i ��� r^,l"- � •y! 0�1 �a�u-� ✓.�L vt.� in the County of Gallatin, Montana. tS Issued on -30 day of 19 Z_, being issued for a fee 00 of by the Health Officer as authorized representative for the town, city, county, district of Gallatin County, Montana. Ck. No. � Note �nc /✓1ee.�d �� �5L Cash h y/ Signatur NO. 6 7 1 0 Sanitarian m a i r - 4 - 1 oration presently has 17 fuTtime equivalent positions, with0ie of those positions being retained under this loan application. Planner Arkell then reviewed the purpose of this application for a new CDBG eco- nomic development loan. She reminded the Commission that Lattice previously received a CDBG economic development loan for its existing business, which is manufacturing crystals. She stated that under this new loan, they would buy the equipment necessary to expand that business to include the manufacture of germanium crystals as well. Planner Arkell stated that if this pre-application is approved, the Department of Commerce will invite the City to submit a full-blown application. She. noted that the appli- cation would be completed by people from Lattice Materials Corporation and the Planning Office; and public hearings must be held on that application before it is forwarded to the State. She then indicated that if this application is approved, the previous CDBG econom- ic development loan must be liquidated. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission authorize and direct the City Manager to sign the pre-application for Com- munity Development Block Grant economic development monies on behalf of Lattice Mate- rials Corporation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Decision - Conditional Use Permit - Jose eh and Susan Billion - allow construction of a 20,000-s uare-foot car dealership on the EJ, SEJ, Section 9, T2S, RSE, MPM northwest o intersection of U.S. 191 and Cottonwood Road This was the time and place set for the decision on the Conditional Use Permit re- quested by Joseph and Susan Billion to allow construction of a 20,000-square-foot car deal- ership on the east one-half of the southeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is approximately 4.5 acres in size and is more commonly described as being located along the north side of U.S. Highway 191 , just west of the Cottonwood Road/U.S. 191 intersection. City Manager Wysocki reminded the Commission that the public hearing on. this ap- plication was opened on November 5, 1990 and closed on November 13, 1990; and on No- vember 19 the Commission voted to approve the footprint for the building but delayed all other action on the Conditional Use Permit until after the conceptual developmental guide- lines for the entire Planned Unit Development had been reviewed and approved. He re- minded the Commission that at last week's meeting, the conceptual developmental guidelines were considered and conceptually approved, subject to several revisions. The City Manager then noted that, included in the Commissioners' packets, was a memo from Planner Skelton, dated May 23, setting forth three new conditions as a result of 05-28-91 4 > - 5 - the Design Review Board's review of this application at their meeting of May 22, along with a copy of the minutes from that meeting. He noted that a revised site plan, dated May 16, was also included in the packets. The City Manager then distributed to the Commission a memo from Planner Skelton, dated May 28, setting forth five additional conditions recommended by the staff, to address concerns which arose during review of the new site plan, dated May 16, 1991 , which was received in the Planning Office on May 23. He reminded the Commission that the City-County Planning Board had recommended approval of this application, subject to twenty conditions as set forth in Resolution No. Z-9031 ; and the conditions in these two memos are in addition to those contained in that resolution. Associate Planner Dave Skelton provided the Commission with a brief review of the application and the process which has taken place to date. He reminded them that this application is for construction of a 20,000-square-foot car dealership as the first phase of a planned unit development which is to be completed under the land use development guidelines which the Commission conceptually approved at last week's meeting. The Planner noted that the applicant has submitted a revised site, plan; and the DRB reviewed that plan at its meeting on Tuesday, prior . to recommending the three addi- tional conditions listed in his memo dated May 23. Planner Skelton reminded the 'Commission that this application was originally submit- ted in October 1990; and a substantial amount of activity has transpired since that time. He noted that the subject property is located in the corridor along U.S. 191 ; and buffer- ing and landscaping to address the visual impacts of this project on the entryway have been discussed at length. He noted that signage has been another issue; and the appli- cant has now revised his plan to request seven signs, with one of the freestanding signs, measuring 8 feet high and 12 feet wide, being oriented to U.S. 191 and the remainder of the freestanding signs being oriented to Auto Plaza Drive. He further noted that the ap- plicant is proposing to mount the facade sign on the upper level of the structure facing U.S. 191 , which has been calculated at 140 square feet. He stated that the DRB reviewed this new signage proposal and determined that, based on the new design elements and lo- cations, the increased deviation request was justified. i Responding to Commissioner Swanson, the Planner stated that the automobile man- ufacturer signs have been relocated from the U..S.. 191 frontage to Auto Plaza Drive; and they are both to be 24 feet. in height. He noted, however, that both of these signs are double faced and will be generally facing U.S. 191 . Planner Skelton then briefly highlighted the original conditions' recommended by the Planning Board for approval, along with the three conditions stemming from the DRB - re- view and the additional five conditions recommended by staff after careful review of the 05-28-91 J - 6 - revised site plan. He noted that it is important to remember that the subject parcel has not yet been subdivided; therefore, it is presently a 20-acre site. He stated, however, that the conceptual review .has been to consider this car dealership on a 4.5-acre tract of land within that 20-acre parcel. He then indicated that before a second structure can be built on the 20-acre parcel, it must first go through the subdivision process. Commissioner Swanson stated that during the November meetings, he expressed res- ervations about allowing a paging and loud speaker system on the site. He stated that he does not feel that such a system would be compatible with future residential development in the area, particularly since the property is zoned R-0. He then noted that none of the recommended conditions addresses that issue. Planner Skelton suggested that loud speaker systems could be addressed under the finalized land use development guidelines or possibly during the planned unit development process, with specific criteria • being set forth to address the loudness or the issue of sound traveling beyond the lot line. Commissioner Swanson stated that during last week's public hearing on the concep- tual land use development guidelines, it was his impression from Mr. Kamp's response that the applicant planned to install a loud speaker system because they are allowed for other dealerships. Mr. Joe Billion, •applicant, noted that the land use development guidelines can es- tablish volume levels which may not be exceeded by any development within the entire PUD. He then stated that it is impossible to effectively operate this type of business without an outside paging system. He noted, however, that he has proposed a zoned pag- ing system with volume controls for each zone, estimating that only 10 percent of the pag- ing would involve the outside speakers. He also noted . that the speakers are directional and can be pointed downward to minimize their projection. Commissioner Swanson asked if there isn't a better method of paging which will help to avoid noise pollution, particularly in this age of technology. He then suggested having the employees carry pagers rather than utilizing a speaker system. Mr. Billion stated there are ten lines into the existing car dealership; and he is not certain that today's technology could adequately address the issue without a speaker sys- tem. He further noted that customers are paged at his place of business, not just the sales people. City Manager Wysocki asked the applicant if it would be acceptable to add a condi- tion which stipulates that the decibel level of the loud speaker system not exceed the deci- bel level of the background noise at that location; Mr. Billion indicated it would be. Mayor Hawks suggested that, since there is not an immediate potential for residen- tial development in the area, a condition be added to require that the loud speaker system i 05-28-91 t: ? - 7 - on this site be consistent with the design guidelines approved for the entire PUD; and if it is not, it can be brought into compliance at that time. Planner Skelton suggested another condition which would set forth a list of allow- able frequencies for specific. activities, with those readings to be taken at the •lot lines of the subject parcel. He noted that those activities could include, but not be limited to, machines, devices, speaker systems or any combination thereof. Responding to Commissioner Swanson, Mr. Billion stated that the speakers mounted on the back of the building will be facing toward the back of the lot; those under the canopy of the front of the structure will be pointed downward; and there will be a horn on the front of the building pointing toward the front lot. He then requested the flexibil- ity to establish a. sound level that can adequately be heard, noting he does not believe it should- be excessively loud. I Commissioner Knapp stated that she shares Commissioner Swanson's concerns. She i noted that the subject site is zoned R-O, Residential--Office; and, according to the master plan, .development is to be compatible with residential development. She. noted, therefore, that the noise level is much more important in this zone that it would be in a B-3 or M-1 district. Commissioner Goehrung noted that the City can establish standards for allowing a speaker system on the site; or the City can impose a, condition which allows no external loud speakers on the property. Commissioner Swanson stated that if the Commission allows external speakers on this site, it must also allow them to operate at a level where people visiting the site can hear what is being said. He stated that he is not prepared to accept that level of volume; and he feels there is a better way to provide the desired paging coverage. Mr. Billion stated a willingness to ensure that the speaker system does not exceed a specified decibel level. He further reminded the Commission that the subject site is 4.5 acres in size; therefore, he does not feel that the noise will impact any adjacent proper- ties. He further noted the level does not need to be excessive because those who might be paged will have their ears tuned to the system. Responding to the Mayor, Mr. Billion reiterated his concern that a pager system would not provide adequate coverage, particularly since the dealership has ten outside telephone lines. He also noted it would be extremely difficult to page customers with that system. Commissioner Swanson noted that -this is the first of hopefully several businesses to locate within this plaza. He expressed concern that if one or two more dealerships locate there; and all of the dealerships have loud speaker systems, the accumulated impacts on the area would be tremendous. 05-28-91 { _ 8 _ 4W The City Manager once again suggested that limiting the decibel level at the prop- erty line to that of the background noise could adequately address those concerns. Commissioner Swanson stated that it is important to demonstrate the compatibility of this project .with potential future residences; and he feels that a loud speaker system could lessen its compatibility with those residences. Responding to questions from Commissioner Goehrung, . Planner Skelton stated that the building is located 125 feet from the existing U.S. 191 right-of-way. He stated that an additional 35 feet of right-of-way will be required for expansion of the roadway, leav- ing a 90-foot setback from the property line. He .noted, therefore, that the location of the structure meets the required 25-foot setback requirements. Commissioner Goehrung expressed concern about the visual encroachment this proj- ect may have on U.S. 191 , even with the existing setback, particularly with the "horse- shoe shaped" parking area fronting on U.S. 191 and the "arrowhead shaped" display area in the southeast corner of the site. He stated that the revised site plan does show some additional berming and landscaping along the southern property line; however, he ex- pressed concern about the visual impacts .of this large "sea of asphalt" with cars parked for display purposes. The Commissioner then suggested that, since the direction of pri- mary focus is toward Cottonwood Road and Auto Plaza Drive, it may be beneficial .to relo- cate the arrowhead shaped display area to maintain that orientation. Commissioner Goehrung noted that on the site plan, there are a few cars shown in the shaded area along U.S. 191 , which has been designated as display area. He then asked how many vehicles can actually be displayed in that area, including the arrowhead area. He stated that, with the survey stakes in place and the building near completion, the impacts of this project from the roadway are readily .recognized. Mr. Dan Kamp, architect representing ,the applicant, stated that, indeed, the origi- nal orientation of this project was toward U.S. 191 . He stated that with the substantial amount of berming and landscaping that is proposed, as well as with the relocation of signage, the orientation has now been shifted to the interior roadway. Commissioner Goehrung stated once again that he feels it would be appropriate to relocate a portion of the display area from the U.S. 191 frontage to the north side of the structure, noting that such an area should . be adequately buffered from development on the surrounding sites. Mr. Billion stated that the landscaping along U.S. 191 has been discussed at length. He then asked how much buffering the Commission wants, and whether they want I a natural look. He then stated that with the landscaping included on the revised site plan, there is one exposure from U.S. 191 ; and that is of the horseshoe portion of the display area. He suggested that for a 20-acre commercial node, that is not an excessive OS-28-91 amount of exposure. Res*ding to Commissioner GoehrLOs previous question, Mr. Billion indicated that the. horseshoe area will accommodate nine vehicles; and the arrowhead area would probably hold 90 cars. He then suggested that a few cars could be displayed in the shaded area west of the horseshoe display. Mayor Hawks noted that the Commission's original position was one of creating an insulating effect from U.S. 191 for this project. He stated, however, that the Design Re- view Board has suggested that clustering of trees and landscaping would provide a more natural look than a buffer strip of trees. He then stated support for the DRB recommen- dations, noting that he feels that the clustered landscaping could provide the visual breaks which the Commission feels are important. Mayor Hawks noted that the change in orientation makes this project much more ac- ceptable, particularly with the proposed landscaping. He stated, however, that the spe- cies of those evergreen trees shown in the southeast corner of the project has not been specified; and he suggested that they be designated as Colorado spruce. He noted that the spruce tree is much denser and provides substantially more screening that the scotch pine, which is basically a more open, "see through" tree. Commissioner Swanson suggested that a. Condition No. 29 be added to approval of this application, which stipulates that no speaker system will be allowed for this project. Commissioner Knapp reiterated her concern about the impacts that a loud speaker system would have on future residences, based on complaints from individuals presently living near an automobile dealership. She also stated that, given today's technology, she feels it is quite appropriate to prohibit the use of an external speaker system. Commissioner Goehrung stated support for the above comments. He noted that if a speaker system were allowed, with a decibel limit, it would become the City's .responsibility to ensure that it did not exceed that . limit, and take steps to address any infractions. The Commissioner further noted that it would be extremely difficult to set an acceptable decibel level, given the fact that sound carries on a cold, crisp day while the foliage of summer mutes the noise. Commissioner 'Frost stated that he felt that it was decided in November that no out- side speaker system would be allowed. He stated that he supported that option in Novem- ber, and still does. Mayor Hawks stated that, while he could have supported establishing a limit on the loudness of a speaker system, he can also support allowing no external speaker system. Commissioner Frost stated support for Mayor Hawks' suggestion that the evergreens at the southeast corner be designated as Colorado spruce, suggesting that be added..as a condition; the Commissioners concurred. Mr. Billion asked if the voice box speakers in -the extended canopy at the front of 05-28-91 the structure can be retai1W under the newly-added con n; Commissioner Swanson stated they would not be allowed because the condition means no external speakers. Planner Skelton noted it is staff's understanding that the thirty conditions for final site plan approval must be satisfied. before any on-site improvements may occur; the Com- missioners concurred. Mayor Hawks noted concern about the fact that this conditional use permit is for the first phase of a planned unit development which does not exist. He suggested, how- ever, that the process has provided adequate documentation to date to reflect the intent of both the applicant and the Commission. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by Joseph and Susan Billion to allow construction of a 20,000-squa re-foot car dealership on a 4.5-acre portion of a 20-acre site located in the east one-half of the southeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1 . That the applicants document review and approval of the on-site fire protection program by the Board of Directors of. the Rae Volunteer Fire Company prior to final site plan approval; 2. That the final site plan comply with Section 18.50.100, Landscaping, and Chapter 18.50.120, Parking Requirements, of the interim zoning ordinance prior to final site plan approval; 3. That the site plan identify snow removal storage area, ground cover and vegetation, impervious surfaces, maximum height of exterior light fixtures, garbage refuse screening, sidewalks and yard setbacks pri- or to final site plan approval; 4. That the landscape legend identify the quantity of each landscape species prior to final site plan approval; 5.. That the site plan dimension the general layout of the off-street parking lot, driving aisles, auto display areas, sidewalks, landscape strips, and access driveways prior to final site plan approval; 6. That the applicants submit engineered roadway improvements plans, including accel/decel lane(s) on U.S. Highway 191 , for review and approval by the Director of Public Service, Montana Department of Highways and Gallatin County Road Office prior to final site plan ap- proval; 7. That more detail. be provided in the Traffic Impact Analysis regarding the intersection of U.S. 191 and Cottonwood Road for review and ap- proval by the Director of Public Service, Montana Department of Highways and Gallatin County Road Office prior to final site plan ap- proval; 8. That the on-site community sanitary sewer and water improvements, and any future mains or service lines for individual structures in subsequent phases be reviewed and approved by the Director of Pub- lic Service and City of Bozeman Water Superintendent prior to final site plan approval; 9. That plans for on-site sewage disposal and domestic water facilities be reviewed and approved by the County Sanitarian and Montana Depart- ment of Health and Environmental Sciences prior to final site plan ap- proval; 10. That site surface drainage plans, storm drainage sizing .calculations and outfall details be reviewed and approved by the City Engineers Office prior to final site plan approval; 05-28-91 i i It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission waive the customary one-week waiting period for land use :decisions. The motion carried by the following Aye and No vote: those votirig 'Aye being Commissioner Knapp,. Commissioner Goehrung, Commissioner Frost .-,,.Commissioner Swanson and Mayor Hawks; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the Zone Map'IChange from R-S, Residential-Suburban--Country Es- tates, to B-2, Community Highway Business, requested by Gene Cook for George Westlake and Kay Martinen, for, a 6.569-acre tract located in the Northeast one-quarter of Section 1 , Township 2 So th, Range 5 East, Montana Principal Meridian. The motion carried by y,r the follow .g Aye and No vote: those voting Aye being Commissioner Goehrung, Commis- • sioner-Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting none. `Public` hearin' ",. ' Conditional , Use -Permit- -Joseph.,--and "Susan ° Billion '- review ' of land uses develo meet ., uidelines , or ropos64."Billion Plaz�rY Planned Use Develo:�ment ocated" in "the y E "Y and ,,,. -. ection, 9µ 2S '•" 5E',T"` PM° " n`orth side o US 1"91 , wes !f Cotto'nwoo treet, i extended This was the time and the place set for the public hearing on a Conditional Use Permit requested by Joseph and Susan Billion for review of land use development guide- lines for the proposed Billion Plaza Planned Use Development located in the East one-half and Southeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana' Princi- pal Meridian. The subject site is more commonly located on the north side of US 191 ,. west of Cottonwood Street extended. 4 Mayor Hawks opened the public hearing. Associate Planner Dave Skelton presented the staff report. He stated that 'this ap- plication is for a conceptual review of the conceptual land use development guide(.ines for the Billion Auto Plaza Planned Unit Development. He stated that at a later date, the Com- mission will review the Conditional Use Permit for Phase I , which is the construction of a 20,000-square-foot car dealership, in light of the conceptually approved conceptual land use development guidelines which are before the Commission under this hearing. Planner Skelton stated that a substantial number of memos were distributed in the Commissioners' packets. He then encouraged the Commission to concentrate on the Plan- ning staff memo dated May 15. The Planner stated that the Design Review Board and the City-County Planning Board have reviewed these guidelines, noting what they feel are de- ficiencies in specific areas, such as the design elements and architectural guidelines. He noted that under these guidelines, the developer proposes to tie the planned unit develop- ment together through landscaping, signage, lighting and open space buffering rather than 05-20-91 25 through architectural elements. Planner. Skelton suggested that two. specific items to be addressed include whether or not the City should be made a party to the land use development guidelines, to ensure .that modifications or alterations are not adopted without City review, and how expansive should the list of permitted uses, within the planned unit development be. The Planner then requested that . the Commission conceptually consider the guide- lines when they review Phase I of the development in the future, since the applicant has not yet submitted a formal application, for the entire planned unit development. He sug- gested, however, that if the Commissioners wish, they may indicate their ideas about how extensive the list of permitted uses should be. Mr. Dan Kamp, architect representing the applicants, stated that the document be- fore the Commission represents the preliminary conceptual land use development guidelines. He stated the document is divided into four major sections: protective covenants, develop- ment guidelines, review and approval process, and the design sketchbook. Mr. Kamp then highlighted each of these sections in turn. He stated that the pro- tective covenants are quite extensive. He then noted that the development guidelines are divided into six specific elements, including the submittal requirements, site planning guidelines, architectural guidelines, landscape guidelines, sign guidelines and lighting guidelines. He stated that the setbacks contained in this document for interior property lines are more restrictive than the City's zone code; and the screening requirements for exterior mechanical areas are specifically set forth. He stated this section also addresses issues like the elimination of nuisances such as excess noise. Mr. Kamp stated that the applicant proposes to use landscaping as one of the com- mon themes which ties the entire planned unit development together. He noted that this section addresses not only perimeter landscaping, but landscaping along interior lot lines and open spaces as well. Mr. Kamp stated that the sign guidelines are also quite specific, addressing issues such as materials and the size of signs. He also noted that the section on lighting con- tains a substantial amount of specificity, particularly in terms of lighting levels, types of lighting fixtures and restriction of light glare on adjacent streets and lots. He noted that these guidelines have also been established to ensure some type of continuity in the overall project. He further noted that these elements are reflected in the conditional use permit for Phase 1 , the 20,000-square-foot car dealership, which will be back before the Commis- sion for action at next week's meeting. Mr. Dan Kamp stated that the section on review and approval process sets forth an eight-page form which must be completed for each proposed project within the planned unit development. He noted that the form -is straight forward, with columns for approval or 05-20-91 26 non-approval of each line item. He suggested that with the amount of detail contained in this form, it should make review of each application very easy. Mr. Kamp stated that the final section, which is the design sketchbook, is intended to provide a scope of design elements that .will be considered, without providing any type of pre-designed structure. He noted that this will allow each architect to address those elements in whatever manner. they determine appropriate. He then noted that this section also contains sketches of the types of signs and lighting which will be allowed, noting that, these sections are much more specific than the structural guidelines. Mr. Dan Kamp stated that the concern was raised at the Planning Board hearing that there are no architectural requirements for the structures within the planned unit de- velopment, rather, the landscaping, lighting and signage are to create the. single theme. He then cited South Willson Avenue, where there are many different architectural elements and building materials used; however, the consistent landscaping ties it all together in an attractive manner. He then stated that these guidelines drew a wide range of comments at both the Design Review Board and the Planning Board meetings, ranging from concern that they are too broad to concern that they are too restrictive. Mr. Kamp stated that the applicant is willing to revise these guidelines to contain any elements which the Commission feels are not adequately addressed. He then addressed some of those concerns which have been raised by staff and the two review bodies to date, as follows. He stated concern about the factor of scale has been raised. He noted this is a very difficult element to address; however, he is willing to work with staff and the boards to develop text to address it if so directed. He stated another concern has been the - lack of cross-referencing between the architectural guidelines and the design sketch- book. He noted that he feels that is an appropriate concern; and it will be corrected by providing adequate cross-referencing. A third concern has been for buffering along the north property line; and Mr. Kamp. indicated that issue will be addressed. Mr. Kamp then noted that a fourth concern pertained to incorporating Mr. Dick Pohl's recent street tree report into the guidelines for this project; and he indicated that will be accommodated within this document. He further indicated that the recommendations included in that re- port will be incorporated into the plans which will be forwarded for consideration of Phase I at next week's meeting. Commissioner Swanson stated that during the public hearing on Phase I of the planned unit development, concern was raised about a public address loud speaker system proposed for Phase I . He then asked if that issue is'addressed in these guidelines. Mr. Kamp responded that the nuisance section of the guidelines addresses excessive noise, and sets forth the acceptable decibel level at specific frequencies at the lot line. Further responding to Commissioner Swanson, ' Mr. Kamp stated he feels a loud 05-20-91 - 27 - speaker system would be acceptable. He.then suggested that if the Commission wishes this item addressed in greater detail, it should do so through the zone code so that all car dealerships would be. required to operate under the same guidelines. Mayor Hawks noted that these guidelines seem to be written so that all monitoring is done internally; and they can be modified by concurrence, of the principles involved. He stated it appears that after approval of the planned unit development, the City is essen- tially eliminated from involvement in enforcement or revision except through the zone code enforcement process. He expressed concern that this would. effectively eliminate any pub- lic review of any development of the remaining portion of the planned unit development; therefore, he suggested that these guidelines should be as restrictive as necessary to en- sure that development occurs as anticipated.. He suggested that if the guidelines are not adequately restrictive, he feels the City must be a party to ensure that all development within the PUD is appropriate. Mayor Hawks then noted that this proposed planned unit development is located within an R-O, Residential--Office, zone; therefore, the scale of the project is extremely important. He also expressed concern that the architectural guidelines do not require any type of assurance that a residential facade be utilized, rather, they appear to allow for a hodge podge of design rather than any continuity of design. The Mayor then stated that he feels there should be some continuity of design in the building facade, so that "it looks like the place holds together." He recognized that continuity in the lighting and landscap- ing features will help; but he also feels it is important to ensure some degree of unifor- mity. Mr. Dan Kamp responded that any changes in the guidelines must be subjected to City review. He suggested that if those changes are minor, they can be reviewed and ap- proved by staff; however, if any major changes are proposed, they must be reviewed and approved by the various review bodies. He then stated that at this time, it is not the ap- plicant's intent to make any major changes in these guidelines. Mr. Kamp then addressed the issue of providing specifics in the architectural guidelines, noting the applicant has expressed a willingness to focus on specific materials and elements; however, he stated that from an architect's standpoint, such guidelines leave one hamstrung. Mr. Kamp stated that if the Commission wishes, the applicant would . be willing to sit down and work out . a compromise which would be acceptable to both parties. Responding to Commissioner Frost, Mr. Kamp stated he feels the term "contempo- rary building forms" is defined' in this document. He suggested that if the Commission feels it is inadequate, an attempt could be made to revise that definition. He then indicat- ed that two or three of the photos contained in the design sketchbook illustrate such ele- 05-20-91 - 28 - ments. Commissioner Frost suggested that a listing of the materials used on each design in the sketchbook could provide some valuable direction. He also noted that in the sketch- book, some of the photos look like they include single-family dwellings; and the scale of those structures is not compatible with the size of lots involved in this application. Mr. Kamp responded that the photos are simply to demonstrate unique features, such as entryways or rooflines. Commissioner Frost noted that the list of permitted uses listed in these guidelines refers to permitted uses in the B-2 and M-1 zones, noting that this planned unit develop- ment is located in an R-0 zone. Mr. Kamp responded that is an oversight; and all references to specific zoning dis= tricts will be removed. He then stated it was the applicant's intent to cover a broad range of allowable uses. He suggested it may be beneficial to reorganize this list, using sub-categories to create a more specific list of allowable uses. Commissioner Frost noted that the only open space specified includes. the stream corridor, the on-site water detention and easements. He noted that no other open space for the entire planned unit development has been set aside. Mr. Kamp responded that, due to 'the location of the site, it was felt that the best open space area would be along the stream corridor, noting it provides buffering which will minimize the visual impact of this project from the west. He then noted that, given the nature of the project and the types of use, there will be a substantial amount of open space within the planned unit development because of the relationship of building size to lot size. Commissioner Frost noted that curbing for the parking areas is not addressed in these guidelines. Mr. Kamp responded that issue is addressed .by the zone code. Commissioner Knapp noted that at the . November 19 meeting, Assistant to the City Manager ; Brey indicated that in commercial zones, all of. the lot except the required set- backs may be covered with buildings and asphalt; however, this is an R-0 zone. She then noted that she feels that the potential for over-developing a site within' this ,Planned unit development could be avoided by incorporating specific open 'space requirements in these development guidelines; however, she feels it has been omitted. She then asked if the zone code adequately addresses the issue. Mr. Kamp indicated that an alternative which exceeds the zone code requirements could be developed. Mayor Hawks stated concurrence with Commissioner Knapp's comments. He then I noted thaf,,. while it is larger in scale than typical R-0 development, he has viewed the 05-20-91 r . 29 initial reviews of this project as a business park development. He then suggested that, rather than listing specific permitted uses, it may be beneficial to develop a strong intent statement which would provide more flexibility, as long as that project meets the very strong guidelines for development which have been developed. The Mayor then noted that the original proposal was for an auto plaza development; however, this document .provides for a more diverse development. Mr. Joe Billion, applicant, stated that in his original application, he did discuss de- velopment as an auto plaza; however, he feels that a business park type development would be more appropriate. He noted there is really only one other car dealership that might relocate to this plaza; and the number of automobile-related retail uses is quite I.imit- . ed. He then stated that the guidelines dre designed to ensure that future development within this planned unit development is as good as or better than that of Phase I. Responding to Commissioner. Swanson', Mr. Billion stated that he has 'tried to work with the DRB and the Planning. Board to create a document that is acceptable; to the City. He then noted that another formal appl.ication process is necessary for the 'planned unit development; and these conceptual guidelines provide a basis for that process. He then indicated his desire to - create a quality. development, with quality, landscaping. He noted that, with -this being an entryway to-the city,- he wants to ensure that the project is an . asset which will enhance that entryway; therefore, he is proposing requirements which are more stringent than those contained in the zone code. City Manager Wysocki entered into the record several letters of support which have been received concerning this project, including: Bruce Gerlach, dated May 14; Wayne i Gibson, dated May 14; Jack Gates, dated May 13; Doug Alexander, dated May 12; and Lawry Brekke and Dave Brekke, dated May 15. . Mr. Gene Cook stated the applicant is putting a lot of effort into this project. He noted that professional expertise has been used'. in preparing the guidelines for the planned unit development; and he feels that following those guidelines will create a devel- opment of which the community can be proud. He then encouraged Commission approval of this application. , No one was present to speak in opposition to" the conceptual land use development guidelines. Mayor Hawks closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission waive the customary one-week waiting period for land use decisions. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. 05-20-91 LtT Stato Montana j Bozeman OF May 23, 1991 RECEIVED Mr. Gerald Gaston MAY 3 n 1991 Gaston Engineering & Surveying P. 0. Box 861 Project # �} 2010 North 7th Avenue Bozeman, Montana 59715 In re: Billion Chrysler Mazda Dear Gerald: Road improvements at the intersection of U. S. 191 and Cottonwood Road are okay. In regards to the subdivision you will need to build Cottonwood Road to the North property line with a temporary cul-de-sac to county standards. Also, the road off of Auto Plaza Drive to the West will have to be built to the West property line and the road will need to be named through the Road Office. One hundred dollar deposit on each sign installation is required. Upon receiving a deposit of $300.00 we will order the street signs. Sincerely, I 4I S Gi fr ci o Road Sup isos i CC,. City-County Planning t ' DEPARTMENT OF �� v HEALTH AND ENVIRONMENTAL SCIENCES f TriE � WATER QUALITY BUREAU A-2 01 STAN STEPHENS,GOVERNOR COGSWELL BUILDING o �---- STATE OF MONT/ANA Y FAX.a(406)444-2606 HELENA,MONTA14A 59620 May 23 , 1991 444-4549 Mack Stiff Gaston Engineering and Surveying RECF7!\I P P.O. Box 861 Bozeman, Montana 59715 MAY 28 Re: Billion Chrysler Mazda Wastewater System Project A E. S. 90-170 Dear Mack: Plans and specifications for the above-referenced project have been reviewed by the Water Quality Bureau and found to be satisfactory. Approval of these plans and specifications is hereby given. Approval is based on plans revised February 4 , 1991 , and received February 7 , 1991, and specifications received December 24 , 1990 . The project consists of sanitary sewers designed to serve two commercial buildings, a sewage lift station, a sanitary sewer force main and a subsurface soil absorption system. This approval is given with the understanding that any departure from the approved plans and specifications shall be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied .by a complete set of "as-built" drawings signed by the project engineer. It is .further understood that construction will be started within two years of this date. If more than two years elapse before beginning construction, it shall be necessary to resubmit the plans and specifications when construction is contemplated. It is further understood that groundwater monitoring shall be conducted twice . annually in the area of the subsurface soil absorption system during the months of March and July to determine if the ground water drainage system is operating effectively to lower the water table to an acceptable level. Monitoring shall be conducted in order to measure seasonal high ground water levels resulting from both spring runoff and summer irrigation. "AN EOUAL OPPORTUNITY EMPLOYER' �1 Sincerely, LJ �v Gary Wiens, P. E. Envir nmental Engineer Water Quality Bureau Environmental Sciences Division cc: Justin Buchanan, Gallatin County Sanitarian Gaston Engineering & Surveying DATE: /19a 2 Z TO: "'� r 4 ''a�n e t/, PROJECT NUMBER: PROJECT: 6111fo .,t REFERENCE: BY MAIL ❑ DELIVERED BY HAND THE FOLLOWING ITEMS: j L S.I.D. PRE-CREATION EXHIBITS I CONTRACT DOCUMENTS iC: PRINTS �� PLANS/SPECIFICATIONS I CHANGE ORDER ❑ PLAT SUBMITTAL C SHOP DRAWINGS ! ESTIMATE ❑ OTHER THESE ARE TRANSMITTED as checked below: gFor approval ❑ Approved AS submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved Aa doted ❑ Submit copies for distribution As requested ❑ Returned f,)l' corrections ❑ Return corrected prints For review and comment ❑ — ❑ FOR BIDS DUE I MESSAGES: _ Dear CrQiQ ! J PlGGS� �GCtio1 Pii� G�O1CU `e' ^�►ti �tr �•/�G`i o✓c42 i^ 1.�o t� �-+n �� lio� Lt ✓ dl'OP �'2. c S �G Q woe G 0-l c <n l am- s �' ���ho✓c ( a� 2 �i Y'^e� . Vo 4,1 COPY TO SIGNED: If enclosures are not as noted. kindly notify us at once. Consulting Enorin ers. & Land Surveyors P.O. Box 861 • 2010 N. 7th Ave. Bozeman, Montana 59715 • (406) 586-0588 AWFAd .JJ N ., a Hw May 21, 1991 W.O. # 90-518-2 BILLION CHRYSLER/MAZDA Storm Drainage Calculations AREA: Gross Developed Area 7. 5 acres Proposed Applicable Concrete, Building & Asphalt Area 154, 100 ft2 Proposed Applicable Landscaped Area Negligable Inside Footprint of Parking Lot TIME OF CONCENTRATION: (T,) Unimproved: Fallow Ground - Relief 8 . 5 ' (C=0. 20) - Length 620 ' - Slope 1 .37% T,- (unimproved) 38 min Improved: (Computed for SE Corner of Asphalt ) Asphalt - Relief 3 . 12 ' ( C=0. 95 ) - Length 250 ' - Slope 1 . 25% - Velocity 2. 25 fps Pipe Flowtime Estimate - Length 508 ' - Velocity 1 .35 fps T. ( improved) = 250 + 508 = 8 . 1 min 2. 25 1.3.5 COEFFICIENT OF RUNOFF: (C) Concrete & Asphalt 0. 95 ( Improved) Native Fallow Ground 0-2 (Unimproved) INTENSITY & FLOW at T : ( I ) 10 yr .reccurrence interval Unimproved: (T, = 38 min) I = 0. 64 X(-'65) = 0. 861 iph Q = CIA = 0 .2(0.861 ) ( 154, 100/43, 500) = 0. 61 cfs Improved: (Tz = 8 . 1 min) I = 0. 64 X(-•65) = 2 .35 iph . Q = CIA = 0. 95( 2.35 ) ( 154, 100/43, 500 ) = 7. 92 cfs DETENTION POND SIZING: Design Release Rate = 0. 61 cfs A. Minimum Volume Storm Intensity Future Runoff Runoff Release Required Duration Rate* Volume Volume Storage (min) ( in/hr) (Q in cfs ) ( ft3 ) ( ft3 ) ( ft3 ) 10 2. 05 6 . 90 4142 366 3776 38 0 . 861 2 . 90 6608 1391 5217 50 0. 72 2. 42 7274 1830 5446 i 60 0. 64 2 . 15 7754 2196 5558 li 80 0. 53 1. 79 8575 2928 5647. 85 0. 51 1 .72 8759 3111 5648 90 0. 49 1 . 65 8936 3294 5642 100 0.46 1 .55 9272 3660 5611 *(Q = CIA C = . 705 A = 1 . 79 AC) NOTE: Max Storage = 5, 648 ft3 @ 8.5 min B. Minimum Area Settling velocity of 40 micron particles = 0.0069 ft/s• Design Release Rate = 0. 61 cfs' Minimum Area Required = 0. 61/s X 1 s 0 .0069 'ft = 88 . 41 ft' Use an effective surface area of: 6, 000 ft2 C. Basin Sizing (Total ) Water Depth 1_.0 1 ft Surface Area 6, 000 ftZ-- Volume 6, 000 ft3 D. Tank Sizing 5 ' Diameter X 20 ' Long Volume = 393 ft3 12" Outlet allows 4. 6 cfs to pass under maximum flow conditions yielding a tank detention time of 1 . 42 minutes r Design Review'Board - May 14, 1991 DRB members present: Keith Swenson, Paul Gleye, Ellen Kreighbaum, Cliff Chisholm, Billion Plaza P.U.D. Guidelines - U.S. Highway 191 and Cottonwood Road - Entryway Overlay District - Recommendation to City Commission regarding guidelines for the P.U.D. and design elements for Phase I. Informal Review - Joe Billion and Dan Kamp were present. Also present were Joe Frost and Bob Hawks. Dave Skelton summarized the situation regarding the design guidelines and Phase I. Keith asked whether DRB needs to address the design guidelines at this meeting. Dave stated that the DRB, at the request of the City Commission, may make recommendations to the City Commission regarding the guidelines. There was discussion of the guidelines. Keith stated that dominant elements other than architecture, such as lighting, landscaping, and possibly signage, could maintain continuity throughout the P.U.D.. Bob Hawks stated that the City Commission needs assurance that the Phase I site will meet the guidelines. Ellen noted that the guidelines are not approved yet. Dan Kamp stated that he was not entirely prepared to bring in a plan because he was under the impression there was no way to review Phase I until the guidelines were approved. Joe Frost stated that he, Dan Kamp, and Andy Epple had discussed the situation two weeks earlier and decided that the guidelines needed to be reviewed before the site plan. Keith stated that he was "mystified" by the situation, noting that if the design guidelines are in draft form, then the Phase I site plan ,%,ould help set the guidelines, but that the guidelines need to be approved first. There was discussion of procedure. Bob Hawks expressed the City Commission's concern about what will happen to the rest of the P.U.D. if they approve this phase. Paul stated that the guidelines need to be approved first. Joe Billion stated that approval of these guidelines will be conceptual, and that the DRB will have another shot at the guidelines when they are in final form and come in with the overall P.U.D. application. Dan stated that he understood that the guidelines would be conceptually approved, then Phase I, then the whole P.U.D.. In order to open the guidelines to comment from DRB members, Keith moved ; to approve the conceptual guidelines subject to the recomendations of the s r Design Review Board - May 14, 1991 DRB members present: Keith Swenson, Paul Gleye, Ellen Kreighbaum, Cliff Chisholm. Planning Board and Staff. Paul seconded that motion. Joe Frost asked whether the motion should include DRB recommendations. Keith stated that those recommendations would be added through amendments to the motion. Bob stated that the City Commission would be open to comments from DRB members at any time between now and the hearing. Cliff stated that the guidelines are vague and not clear as to where they would lead, specifically referring to page C34. Cliff stated that the sketchbook is generic and broad, and noted that additional teat with the pictures would be useful. Dan stated that they do not want to be too restrictive and that it is a fine line to walk. Dan stated that the intent is for other elements to provide continuity rather than limiting the P.U.D. to one architectural style. Cliff suggested a "pal ette" of materials that could.be chosen so that there is flexibility within certain criteria. Paul stated that it would be to the applicant's advantage to have specific guidelines in order to guarantee the high quality of other structures within the P.U.D.: Paul suggested that the guidelines could discuss the qualities of the buildings rather than the specific materials. Dan stated that he felt they had done so, adding that the key is the individual review of projects as they are proposed. There was discussion of the quality of buildings desired. Regarding buffering, Joe Billion stated that they plan to have two 4-foot-high berms planted with juniper and potentilla along the south property line bordering Highway 191. Joe also noted that they moved all signs to the interior of the property except for the sign identifying Billion Plaza. [Keith and Ellen left in order to attend the Planning Board meeting.] Dave expressed concern about the conflict between the delays being imposed on the applicant and completion of the typical sequence of events in granting the pending C.U.P.. Joe Frost stated that the City Commission could look at the conceptual guidelines this Monday then Phase I the following week. There was discussion of how to get DRB comments to the City Commission in time. It was agreed that the comments could be informal, but that they should be in by Monday. � Design Review Board - May 14, 1991 DRB members present: Keith Swenson, Paul Gleye, Ellen Kreighbaum, Cliff Chisholm. Joe Frost suggested that a narrative in the guidelines could address the quality of future structures, requiring that they he as good or better than the first building. Paul stated that the applicant needs to define "contemporary". There was discussion of how strict to make the guidelines in order to ensure high quality and still encourage architectural creativity. Paul stated that page C34 was too open to interpretation. Joe Billion asked whether the DRB wanted them to be more specific about the features that would provide continuity. Paul suggested being specific even about views that would be preserved, such as "the mountains to the south." Dan responded that the desireable views will vary widely with the orientation of the various lots and their layouts. Paul suggested they be identified anyway. Bob Hawks asked if Paul and Cliff had an inclination toward any specific architectural theme. Joe Billion stated that cement block construction is their preference but that they do not want to limit all structures to that. Cliff suggested they put that in writing and provide a list of acceptable options. Joe Billion stated that they could do so in the narrative. Paul commented that wood siding, for example, is residential and is not appropriate to a development such as this one. Cliff agreed, stating that it is better to buffer with landscaping than to make the buildings in a commercial P.U.D. look like houses. There was discussion of a theme for the P.U.D.. Bob asked whether the building in Phase I could be reduced to four or five themes that could be carried through the P.U.D. without being too specific. Dan stated that he felt they had addressed those types of themes in the guidelines. Joe Billion suggested that they summarize such items in the narrative so they are easy to find. Paul stated that it was important to say that architectural creativity is encouraged. Cliff suggested that they could provide a list of choices and require incorporation of certain materials. Paul suggested they could specify the material of the "dominant facade' Dan stated that this was a viable solution but that elements such as trees and lights are what make an area cohesive, r s k x Design Review Board - May 14, 1991 DRB members present: Keith Swenson, Paul Gleye, Ellen Kreighbaum, Cliff Chisholm. giving South Willson as an example. Joe Billion stated that he is not comfortable requiring the use of cement block but could say that its use is encouraged. Dan stated that the area would be monotonous if all the buildings were of the same material, citing residential areas as examples. Paul stated that the issue is different here due to the lack of scale. Dave suggested a "menu" of materials, that the developer of each lot could select from, excluding metal siding and other objectionable materials. There was discussion of a recommendation to City Commission. Since there was no longer a quorum of the DRB, an official recommendation was not possible. Paul stated that the unofficial recommendation is that the applicant take the DRB's,comments into account. Joe Billion commented that the DRB would have another shot at the guidelines. Bob recommended that the minutes of this DRB meeting be forwarded to City Commission. Dan stated that letters from the DRB members would be helpful. Bob reminded the applicant that only the location of the building, the foundation, and the structure itself had been approved so far. I There was discussion of berming and screening along Highway 191. Dan stated that berming would be better discussed when the final plan is available. Bob stated that the City Commission does not have copies of the design guidelines to review yet. Dan stated that copies had been given to staff in excess of the number required. Joe Billion noted that these had been . submitted January 15, 1991. Joe Billion asked the DRB's feeling regarding screening. There was discussion of berming, the landscape design, and the view from the highway. Bob stated that the site should not be oriented to Highway 191 which is the reason for the required screening on that side. There was discussion of berming versus trees as screening. Bob commented that the berms would not effectively screen the lot from the highway due to the relative elevation rt of the highway. Joe Billion stated that it made no difference to him which is 4 preferred, noting that they had chosen berms based on the City Commission ` minutes. Paul suggested clusters of trees on either side of the crescent- t Design Review Board - May 14, 1991 DRB members present: Keith Swenson, Paul Gleye, Ellen Kreighbaum, Cliff Chisholm. shaped display. Joe Billion asked if more trees and less berming are desired. Dan stated that he felt a combination would be appropriate. Cliff suggested photographs of the lot from the highway to help assess the screening needs. Joe Billion stated that they would like to move ahead with improvements. Dave stated that formalities must be taken care of before the project advances further. There was discussion of the time frame for approval of the project. In answer to a question from Joe Billion, Bob stated that the City Commission could approve Phase I only if the site plan is in an approvable state, adding that the Commission can not redesign the site and approve it at the same hearing. I I i i DESIGN REVIEW BOARD May 6, 1991 Special Meeting of DRB called to provide sufficient time in reviewing the Billion Auto Plaza PUD Guidelines. Members Present: Wade Kumlien , k'eith Swenson , Ellen K:reighbaum, Ralph Johnson , and Cliff Chisholm. Staff Present: Dave Skelton , Donna Havens Others Present: None Planner Skelton distributed a memo from him to the Board dated May 6, 1991 stating that the City Commission does not want any recommendations on the guidelines until there is a formal application . DRB concurred with the memo stating it seems appropriate to wait for the site plan to the entire development before taking action on the Land Use Development Guidelines. Planner Skelton stated that the. applicant will be making a formal application for the PUD on the entire 2C) acres which will include the land use development guidelines. This will go through the public hearing process before the DRB for their recommendations on the entire PUD and guidelines to the Planning Board and the City Commission . He stated that, at that time, DRB and the Planning Board will make recommendations on the current site plan for Phase I based upon an approved PUD. Ralph Johnson stated that the intent of the PUD is not to accept or deny an application based on the use, but how the 'Use is mitigated against its neighbors. He stated that the DRB' s responsibility would be to see that the PUD is done -in such a manner to mitigate any inappropriate relationships between the Community. It was the consensus of the Board to discuss this' item at another time in ; order to give all of the members: time to 'review some of the materials that they have riot yet received . The following materials are to be provided to each member: 1 ) Six-page letter from Planner Skelton to Dan k`amp dated March 8, 1991 ; DRD 'minutes of April 30, 1991 ; =) Staff Report Addendum to the City-County Planning Board dated May 7, 1991q 4) K'eith Swenson ' s comments dated April 30, 1991 ; 5) Memo from Planner Skelton dated May 6, 1991 ; 6) City Commission minutes dated November 19, November 26, and December 10, 1990". and 7) Construction agreement between the City of Bozeman and Joe and Susan Billion . Design Review Board - April 30, 1991 DRB members present: Ellen Krighbaum, Cliff Chisholm, and Paul Gleye; Wade Kumlien and Keith Swenson submitted written comments. ,Joe Frost was also present. Z-9132 - Billion Plaza P.U.D. Guidelines - U.S. Highway 191/Cottonwood Road - Recommendation to Planning Board and City Commission regarding guidelines for the P.U.U.. Project Review - Dan Kamp, representing the applicant, was present. Also present were Doug McClelland, Riney Bennett, Doug Rand, Tim Crawford, Gary Vodehnal, and Hope Stevens. David Skelton summarized the guidelines and the situation. There was discussion as to whether the DRB could forward a formal recommendation without a quorum since Paul Gleye had not arrived at this point. Dave stated that he could forward comments from the DRB members present as well as the written comments received from Keith Swenson and Wade Kumlien. Dave outlined the staff's concerns-with the proposed guidelines, noting the broad list of uses, the lack of narrative concerning signage and building appearance, and the question of the scale being in keeping with character of the area. Dave explained why the guidelines were being reviewed and stated that the City is party to the guidelines and can therefore enforce them in response to questions from Doug Rand. Doug Rand stated that he feels negatively about the project, adding that it seems contrary to the intent and objectives of the Master Plan. Mr. Rand stated that he feels there is a lack of support for the project. Hope Stevens expressed concern that the project is not compatiblewith the beautification of'the city and the avoidance of "spotty, unplanned development." Ms. Stevens also expressed concern that Highway 191 would develop like North 7th. She stated that she and her husband feel that the situation allowing this project is strange and goes against the intent to improve the city. Riney Bennett stated that the P.U.D. replaces existing zoning and therefore should be at least as specific and far-reaching as the regulations it replaces in order to achieve a higher quality development. Mr. Bennett stated that 1 Design Review Board - April 30, 1991 DRB members present; Ellen Krighbaum, Cliff Chisholm, and Paul Gleye; Wade Kumlien and Keith Swenson submitted written comments. ,Joe Frost was also present, some of the proposed uses are not compatible with the surrounding rural residential area. Mr. Bennet added that the guidelines are too vague.and are an "open invitation for haphazard development." Tim Crawford agreed with Riney Bennett, adding that the P.U.D. guidelines should be specific and not allow room for interpretation. Mr. Crawford stated that the scale of the building under construction is compatible with an , intercity apartment building, not with a rural residential neighborhood. Gary Vodehnal agreed that the building under construction is not compatible with residential development. Hope Stevens stated that safety should also be a consideration since Highway 191 already has too-much traffic. Tim Crawford suggested the city require the developer to cover costs incurred to upgrade the highway as a result of the development. Mr. Crawford expressed concern for the safety of bicyclists. Dave stated that provisions for improvements to Highway 191 ihave been made. Dan Kamp stated that Highway 191 will not develop like North 7th because such commercial nodes can only be developed at major intersections along Highway 191. Mr. Kamp noted that this also prevents one-lot-deep strip development because the commercial nodes expand perpendicular to Highway 191. Ellen asked what kind of development the visitors would encourage at the site, Riney Bennett stated that the choice of a P.U.D. or nothing was not valid, that the site was zoned R-0, and that such uses as are allowed in R-0 would be acceptable. There was discussion of the difference between R-0 uses and the use proposed. Mr. Bennett noted that the P.U.D. does nothing to ensure blending with the surrounding uses. Paul asked if Mr. Bennett were more concerned with architecture than with specific use. Mr. Bennett responded that it difficult to separate the two and stated that the car lot is inappropriate. There was discussion of zoning and P.U.D.'s. Ellen asked if multi-family housing, apartments, and other R-0 uses would be preferable. Mr. Bennett stated that even the auto dealership would be okay if it were not so highway oriented, 2 Design Review Board - April 30, 1991 DRB members present: Ellen Krighbaum, Cliff Chisholm, and Paul Gleye; Wade Kumlien and Keith Swenson submitted written comments. Joe Frost was also present. There was discussion"of the schedule the project was following and would follow during the balance of the review process. Ellen and Paul agreed that, given the seriousness of the issues, they were uncomfortable voting on a formal recommendation for the Planning Board or City Commission. Cliff stated that he was unfamiliar with the project since he was only recently appointed to the DRB and had not received the information, and therefore was uncomfortable commenting on it. There was discussion as to how to proceed. Ellen expressed concern that such an outcry has come up after the C.U.P. hearing process. Riney Bennett commented that he had not expected the project to pass since it had "no attributes of a well-organized P.U'.D.." Dan Kamp stated that the Planning Board had recommended approval. Dave stated that the guidelines were not included before and that the C.U.P. has not yet been approved. Tim Crawford expressed concern about the procedure that allowed the building permit to be granted before the the P.U.D. and the guidelines were approved, adding that it appears to be a de facto agreement that the developer will lead the city into. Joe Frost stated that the city approved the use and allowed the developer to build the building, but that nothing else can occur until the developer proves that the development is compatible, with the surrounding area. Mr. Crawford stated 'that the rest of the development will have to mitigate the impact of the first building. Joe stated that that is the intent of the guidelines. Paul moved that discussion of the guidelines be tabled until the entire DRB could meet to discuss it. There was discussion of how this delay would affect the timetable of the Planning Board and the City Commission. Dan Kamp stated that a month's delay would be cause difficulties in review and for the developer. There was discussion as to how to keep the project on track since the DRB members present were not comfortable making a recommendation at this meeting. Cliff stated that he was frustrated that the new process does not seem to be working smoothly, adding that it would be damaging to abdicate the responsibility the DRB had been charged with. Cliff also C expressed concern for the developer with the delays and vacillation of the governing bodies. Cliff stated that he felt there should be clearer progress. d. 3 Y Design Review B wrd - April 30, 1991 DRB members present: Ellen Krighbaum, Cliff Chisholm, and Paul Gleye; Wade Kumlien and Keith Swenson submitted written comments. Joe Frost was also present. Dave suggested that the DRB could make a recommendation directly to the City Commission in order to review the guidelines more comprehensively and still keep the project on schedule. Dave noted that the minutes from this meeting could be sent to the Planning Board in time for their hearing. There was discussion of this option and when the DRB could meet on this issue. Paul moved to table discussion of the guidelines until-the entire DRB could meet and review them fully. Ellen seconded the motion. The motion was unanimously approved. i i 4 . BOZEM CITY-COUNTY PLANNING OFFICE - - - - BOZEMAN 35NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586 3321 Ext. 227 ATTACHMENT "E" March 8, 1991 Mr. D.. J . Kamp Cikan Architects, P.C. 544 E. Mendenhall , Suite A Bozeman, MT. 59715 RE: Billion Plaza - Land Use' Development Guidelines Dear Dan: The. Bozeman City-County Planning Office has reviewed the submitted Land Use Development Guidelines for the proposed J . C . Billion Plaza planned unit development, and as a result provide the following comments . below. These comments are in reference to our phone conversation of Wednesday, March 6 , 1991 , and our meeting of Thursday, March 7 , 1991 . Section B - Protective Covenants Section 1 . 16 - Refers to the subject property as described on Exhibit "A" which is not provided . The Exhibit "A" should be made part of the L . U. D. G. Section 2 . 1 - Same comment as Section 1 . 16 above referring to Exhibit "A" . Section 2 .4 - Refers to subdivision of lots through the amended plat process. Subdivision of the property should be discussed with the Planning Office to discuss the appropriate review process. This project should be referred to as a major subdivision review. Provide exhibit showing subdivision . Section 3. 8 - Refers to all site improvements to be completed within 18 months of approval of plans and specifications . Assuming this means Final Site Plan approval , all improvements must be installed within 12 months of Final Site Plan approval . Please clarify . The zone code does not provide for extension of the construction period. Work must be completed as it relates to on-site improvements being installed within the 12 month period. A financial guarantee is only good for occupancy of a building without completing installation of improvements for up to 12 months. Section 4. 1 - States that parking areas and loading areas may be located within 15 feet of a property line fronting any dedicated street. Because both are determined to be structures they cannot be located within the minimum front yard setback of 25 feet. 1 �' Section 4. 2 - Stating that no improvement of any kind shall be permitted to be constructed closer than 15 feet to the easement established for creeks and waterways should specifically emphasize that it is in addition to the 35-foot stream setback required by the zoning ordinance. If this the intent, please clarify. �L Section 4. 5 - All signs shall be approved in accordance with the provisions of the City of Bozeman's requirements as set forth with the ordinance that is in effect at the time of application for a sign permit. Future sign permits will not be approved in accordance with. the provisions of the sign ordinance in effect at the time of approval of Billion Plaza. ✓Section 5. 1 - The lots within the Billion Plaza should not be assigned a zoning designation of B-2 as delineated in Exhibit "A" . The application for 'a conditional use permit was for auto dealerships and auto related services in an area zoned for "R-O" (Residential-Office District) . ✓Section 6. 1 - The location of the easement for the storm drainage retention system and waterways is not specifically described, recorded, or documented as referred to. This should be part of the L .U. D.G. and identified on the appropriate exhibits. Section C - Development Guidelines Section 1 . 7 . 2 . 2 - The permitted uses listed in this section include uses that were not specifically requested in the application for a conditional use permit on the subject property. Retail and service establishments, administrative and office facilities, light manufacturing and assembly is too broad of a range of uses to include under the application for an auto dealership and auto related services. It would be more appropriate to list a number of uses that would define the parameters of the project for the governing bodies to consider: This way all parties involved have an better understanding of what will happen in the commercial P.U . D. Section 2. 7 . 1 - The City of Bozeman review process will not consist of a in-house summary review of each project; rather , the review process set forth in Chapter 18 . 52 - Site Plan Review, of the Interim Zone Code. Please revise to comply with Chapter 18. 52 . ✓ Section 2 . 7 . 1 .4 . 6 - The .applicant has 12 months, rather than 18 months, to complete all site improvements following the signing of the Improvements Agreement. Section 3. 2 . 2 - A minimum of 20% of the area within the 2 property lines of development sites is devoted to landscape material . During the public hearing review process for the auto dealership it was noted that landscaping, buffering and open space would be major amenities by which the project would be compatible with the surrounding area. A minimum of 30%, if not more, should be devoted to landscape materials. ✓Section 3 . 3. 2 . 1 - Guidelines should stipulate that the maximum building height for the "R-O" district and Billion Plaza shall be thirty-two feet. Section 3 . 5 - For the sake of future businesses, interior property lines should be defined with a narrative and small sketch included in this section. Section 3 . 6. 2 . 1 - Clarify that no construction closer than 15 feet from the drainage and detention -easement is in addition to the 35-foot stream setback, if in fact this is the intent. Section 3. 7 . 2 . 3 - The entire Section 18. 50. 120. 6. 5 for compact cars should be included in the L. U . D.G. Section 3 .8. 2 - The guidelines should refer to compliance with Section 18. 50 . 110 - Property Access Standards of the Bozeman Zone Code. Section 3. 9 . 2 - Sidewalk linkages between on-site and perimeter pedestrian circulation systems should by supported by a short narrative and sketch(s) which reflect what is to be accomplished and how. Will there be any amenities along these linkages? There is potential to pull the P.U . D. theme together with how these linkages are treated. Section 3 . 16 . 2 - Refers to Exhibit "B" , but is not provided. This exhibit should show reference to the entire planned unit development, as it relates to storm runoff and detention system. Section 3. 17 . 2 - The owner or lessee shall submit a written statement identifying all potential nuisances or a statement stating that no potential nuisances are related with the specific commercial use. Section 4. 2 . 2 - A narrative should be provided which helps support and/or define what contemporary forms and materials mean when discuss the architectural theme of the P. U . D. Identify a couple of specific architectural details which will help bring the theme together yet allow each business to be individualistic . Materials, color , treatment of entry , facade treatment, fenestration treatment, etc. should be considered as possible elements of the P.U. D. theme. 3 i i i Section 5. 1 . 6 - A specific landscape plan of the Open Space Zone should be designed and approved by the governing bodies at this time and referred to in the L . U . D.G. as Exhibit "C" . A landscape legend will be necessary as part of the exhibit. It should also identify a tentative trail system through the open space area. Section 5 .2 . 2 - A weed control plan for vacant lots and common areas, reviewed and approved by the Gallatin County Weed . Control Board, should be provided under this section as well as in the covenants. Section 5 . 2 . 3 - The minimum landscape coverage of the area within the property lines should be at least 30%, if not more , rather than the 20% proposed. Section 5.2 .4 - The street frontage zone design guidelines do not include any landscape prerequisites which establish any types of street frontage landscape or a response to Section 18 . 50. 100 .D. 5 .d of the Bozeman Zone Code. As this landscape area could be a key element in tying the P. U . D. together , sketches should be provided under this section which set forth a particular landscape theme. The sketch on page C-39 does not clearly define what each business owner will be committed to when developing one of the commercial lots. A specific boulevard tree(s) or cluster(s) should be established in this zone. Section 5 . 2 . 5 - Clarify that the parking lot landscaping under this section will be provided specifically "within" the parking lot. Section 5 . 2 . 7 . 3 . 5 - Provide a section for grasses as a landscape element. Section 6 .0 - It was anticipated to use the sign guidelines as a architectural element of the L .U. D. G. which would reinforce the P.U. D. theme. A narrative including sketches should be provided for each type of sign; free-standing , facade, entry , etc, establishing a specific theme which still gives each business owner some flexibility . Specific lettering style(s) , materials , color, lighting , landscaping , etc. , should be seriously considered under this section . Section 7 .0 - As with Section 6. 0 the lighting guidelines should be used to carry a specific theme throughout the P. U. D. Pedestrian and boulevard circulation systems should consider a theme for the P.U.D. that concentrates on specific style , color, location, etc. This should all be identified with a narrative and support sketches. Section 8.0 - The L.U. D.G. should include a section that 4 I responds to the issue of a trail system along U.S. 191 and the creek corridor. An exhibit identifying the trail system should also be included. Design features of the trail system and a narrative should be considered. Section 9 .0 - The Improvements Agreement attached to the L.U . D.G. is an old version used by the City of Bozeman. This should be updated and revised accordingly. Section D - Review and Approval Process This section should at least include a copy of the application for Site Plan Review with the attached submittal requirements for City of Bozeman review and approval of each commercial project. Section E - Design Sketchbook i Signage: As noted earlier, specific sketches should be provided for each type of sign (free standing, facade, entry way, etc. ) which reflects a particular theme or consistency . - The commercial center identification sign should be identified on the Exhibit "A" as to its location on the property and a sketch provided under this section . The P. U . D. center identification sign .is the same as a directory sign , only one sign addressing these two concepts is allowed . - The entry sign sketches submitted for the Billion auto dealership and noted in the L.U.D.G. are deviations requested by the applicant for that specific project. They are considered traffic directional signs and not entry way signs. If this is to be part of the sign theme for the remaining portions of the P.U.D. a deviation must be formally requested by the developer. They do not meet the intent of traffic directional signs. Please refer to Section 18. 65 . 130. B. 6 of the Bozeman Zone Code. Lighting: A narrative and sketches, both plan and elevation , should be provided. The use of a specific light fixture along the boulevards and pedestrian pathways is another opportunity to emphasize a P.U. D. theme. Please provide a cross-section of how the pedestrian and boulevard light fixtures will relate to landscaping, sidewalks and curbs. Architectural Theme: A lot of sketches have been provided ; however, it is not totally clear on what the theme is of the P.U. D. Specific types of "detail " treatment appear in the provided sketches, but they are not clearly identified. Please emphasize the theme with specific sketches of architectural treatment (details, entry treatment, etc. ) and provide the appropriate narratives in the guidelines. Please 5 note how the guidelines have attempted to respond to compatibility with existing and future residential ' development, and support with sketches. The sketches provided do not suggest' a commercial auto related planned unit development. Please expand on the intent of the submitted sketches. Also submit the revised elevations of the Billion dealership that were submitted for the building permit. The above comments should give you a good start on revising the Land Use Development Guidelines to address our concerns. It appears that most of the above requested modifications are intended for clarification. However, there are some major proposals in the L.U. D.G. that were not part of the original public hearing process for the conditional use permit. Specifically, but not limited to, the proposal of general "B-2" uses in the planned unit development. Additional sketches should be provided in Section C - Development Guidelines to support, if not clarify, the intent of each section . Most importantly, please to not hesitate to contact me if you have any questions that relate to the guidelines or the application for a conditional use permit that is currently pending . As we discussed yesterday, the tentative dates to refer the guidelines and conditional use permit application back through the appropriate review agencies are listed below. 'Please confirm the dates with Mr. Joe Billion so we can schedule them accordingly with the appropriate review agencies. Design Review Board - Tuesday, April 2 , 1991 Bozeman City-County Planning Board - Tuesday , April 2 , 1991 Bozeman City Commission - Monday, April 15 , 1991 In discussing this project with Mr. Craig Brawner, City Engineer, I am particularly concerned with the status of the project being issued a building permit without review by the appropriate agencies as outlined in the Staff's recommendation of conditional approval . It is important that the two of us proceed at the utmost urgency such that we can reach a point of conditional approval of the pending application. I have been contacted by a couple of the agencies which have expressed a strong desire to participate immediately. Prior to processing the guidelines back to the appropriate bodies the Planning Office will distribute to you a copy of the Staff Report addendum which will be part of the review process as outlined above. 6 � I Again, please don't hesitate to contact the Planning Office if you have any questions. Thank you for your assistance. Sincerely , C David . kelton Bozeman Planning Office DS/dps cc: Bozeman City Commission Joe Billion, J .C. Billion Dealership Andy Epple, Planning Director 7 G�ston Eng0ee ng &::-Surveying s . MONTANA DEPARTMENT-OF HEALTH AND ENVIRONMENTAL SCIENCES These plans and specifications have been reviewed and are'In 'Compliance with applicable rules and regulations-promulgated 'and/or administered by the Montana Department of Health and Epvlronmental Sciences and are hereby approved. These plans 'ind specifications employ sound engineering design principles. All engineerin etas and operations performance are the responsibility of th i"eni eer�aener. I Project Officer Date 1 P L A N S & S P E C I F I C A T I O N S t , f o r i i I B I L L I O N A U T O P L A Z A i W A T E R S Y S T E M I M P R O V E M E N T S _f i I N O V E M B E R 1 9 9 0 '• 35c�. `7 , W.O #90-518 'STE Consulting Engineers & Land S } r jeyor a' P.O. Box 861, 2010 N. 7th Ave., Bozeman, MT 59715 (106) 586-05SS Silver Bow Center, 12S �V. Granite, Butt., , "C 57701 (406)7 3-5403 `A 1:; I I City of Bozeman 02299 Receipt p b q $ D Boze an, Montana / ! 19 / Received of d v the sum of u AA r e / I Dollars for d "[ U By I ' City of Bozeman ` ,•0 2 2 9 9 Receipt U v $ n� Bozeman, Montana 19 Received of the sum of ( e( / I Doll ars for �D ) d d l 41 t. By T� BOZEMAN C I T Y—COUNTY P L A N N I N G O F F I C E CARNEGIE BUILDING - 35 NORTH BOZEMAN P. 0. BOX 640 , BOZEMAN , MONTANA 59715 (406 ) 58.6-3321 , EXT. 227 ( FAX #587-7785 ) CO N D I T I O NA L U S E P E R M I T . A P P L I C AT I O N Certain uses, while generally not suitable in a particular Zoning District, may, under certain circumstances , be acceptable. When such circumstances exist, a Conditional Use Permit may be granted subject to certain conditions. The permit is granted for a particular use and not for a particular person or firm. No Conditional Use Permit shall be granted for a use which is not specifically designated as a conditional use in the Zone Code. ----------------------------------------------------------------- 1 . Name and address of property owner: J C1�•1O1►1 191°� kl. 1�4lf`i 5� Phone : 45-YM 2. Name and address of applicant: S *e Phone: 3. Name and address of Engineer/Architect/Planner : CAM WAFT CI I L,d Q Qc }.t`1" GTs rC. 544E.}'tWMVAU9 h o n e: 56& 362�- 4. Name of project/development: oIt.(jokl 5 . Address of proposed development: 0�.1 �1aot� ' 1-�Ull1� 6. Legal description: tj�- eeA4 ey e7-g Ww °-1, T25 , 1t2'Sr=a M•P:V4. 7 . Current Zoning Land Area sq .ft. 149-410 acres 8. Describe the proposed development (use. additional sheets if necessary: 26 A!9 2 fLALJ&jF.-Q UQ f 9 . Review Fee: $220.00 ( add $40 if property is within Historic Preservation,. Conservation , or Entryway Overlay District, and complete and submit appropriate form) . ' This application must be accompanied by appropriate fee and 15 copies of a completed site plan ( see submittal requirements) drawn to scale on paper not larger than 24••x36•• . Application deadline is 5 : 00 p.m. every Tuesday . This application must be signed by both the applicant and property owner ( if different) before the submittal will be accepted. I (We) hereby certify that the above information is true and rect to the best of my (our) kno;ro ge. ` , A pli ant' s Signature er Owner's Signat re i t F CONDITIONAL USE PERMIT SUBMITTAL CHECKLIST File No. Applicant: I �. C. �7lUllou Subject Property Address: aDT0(J(, V)CQ 2P4,0 * ffWI This checklist shall be completed and returned as part of the submittal . Any item checked "NO" or "N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. Fifteen copies of the site plan drawn to scale on paper not larger than 24"x36" which contain the following :. A. GENERAL INFORMATION YES NO N/A I 1 . Name of project/development 2 . Location of project by street address 3. Location (vicinity) map , including area within 1 /2 mile of site 1� 4. Name and mailing address of developer/owner ✓ 5 . Name and address of engineer/architect, landscape architect or nurseryman ✓ 6 . Date of plan preparation and changes ✓ 7 . North point indicator 8. Scale of 1 " to 20 ' , not less. than 1 " to 100 ' ✓ 9. List of names and addresses of property owners within 200 ' of site , using last declared Gallatin County tax records ✓ 10 . Stamped, unsealed plain legal-size envelopes addressed with names and addresses of property owners described in #9 11 . Zoning classification within 200 ' ✓ 12 . Phases of development, if appropriate ✓ B. SITE PLAN INFORMATION 1 . Boundary line of property with dimensions and setback lines of front, rear and side ✓ 2. Location , identification and dimension of the following existing and proposed data, to a boundary of 100 feet outside of site plan boundary unless stated otherwise: a. topo contours at a minimum interval of ✓ two feet b. adjacent streets and streets r/w to a distance of 150 feet, •except for sites adjacent to major arterial streets where the distance shall be 200 feet C. on-site streets and rights-of-way ✓ d . ingress and egress points ✓ e. traffic flow on-site and off-site ✓ f. utilities and utility rights-of-way and/or easements ( 1 ) electric, natural gas, telephone i cable television ✓ (2 ) water, sewer (sanitary, treated effluent and storm) ✓. g . buildings and structures h. parking facilities, including bike racks ✓ i . water bodies and wetlands '✓ j . streams and irrigation ditches k. grading and drainage plan, including sufficient spot elevations , storm water detention areas and storm water discharge destination. Detailed basin sizing inlet/ outlet details and discharge calcs will be be required prior to final site plan approval ✓ 1 . significant rock outcroppings ✓ M. sidewalks, walkways , driveways, loading areas and docks , bikeways I ✓ n . handicapped accessibility provisions o. fences and walls r p. 'exterior refuse collection area* and enclosure detail ✓ q. location of exterior lighting , including detail and height ✓ r. floor plan ✓ S. snow removal area '✓ t. * exterior sign design , including height, size, materials, illumination, security thereof ✓ U. landscaping -including- plantings , equipment, botanical and common names, size of plantings at time of planting and at maturity , type of irrigation Detailed information regarding parking , screening and landscape requirements available in Chapter 18. 52 of the Zone Code. All landscape plans shall be prepared and certified by a licensed landscape architect or Montana nurseryman for uses requiring more than fifteen ( 15 ) parking spaces. i 3. Number and size of employee- and non-employee off-street parking and loading spaces, existing and proposed 4. Site statistics including - site square footage ✓ percent of site coverage (building and _ parking ) - net dwelling unit density - percent of park or open space 5 . A reproducible copy of the site plan with appropriate signatures (when required ) C. BUILDING INFORMATION (ON-SITE) 1 . Building elevations of all exterior walls ✓ of all structures 2 . Materials to be used 3 . . Height of elevation of lowest floor and location of lot outfall when structure is proposed to be located in a floodway or floodplain area D. PERMITS 1 . A list of all required and applicable permits and status of applications E. REVIEW FEES 1 . Conditional Use Permit - $220. 00 2 . Conditional Use Permit within Entryway , Historic Preservation or Conservation Overlay District - $260. 00 NOTE: The review of signs in conjunction with this application is only review for compliance with the Bozeman Sign Code. A Sign Permit must be obtained from the City Building Department prior to erection of any and all signs. i .......... 52 - y^ Y OWNERSHIP REPORT OF PROPERTY _ Y rYCa'• . LEGAL NAME & ADDRESS TOHRISHIP 2 SOUTH, RANGE 5 EAST, M.P.M. Frank Kiountz, Jr. -- Section 15: W1/2, except the NE1/4 Dayle Harris Kauntz `: NEl/4SW1/4 and except approximately Richard Frank Kbuntz 27.5 acres described in and according to 8616 Huffine Lane :::.the Certificate of Survey in Film 15, Bozeman, Montana 59715 Page 303. TOWNSHIP 2 SOUM, RANGE 5 EAST, M.P.M. R.R. Nelson Section 16: NE1/4NE1/4NE1/4 and NW1/4 431 N. 7th Ave. NE1/4NE1/4 as shown on Certificate of Bozeman, Montana 59715 Survey No. 25. T iWNSHIP 2 :X-.L-1H, RANGE 5 EAST, M.P.M. Norton Ramp, Inc. Section 9: 1W1/2El/4 and NEl/4SE1/4, 8553 Huffine Lane reserving and excepting therefrom Bozeman,. Montana 59715 a strip of land 41 feet in width off the East side of said NE1/4SE1/4. Deed reference Book 124, Page 398. TOWNSHIP 2 SOUTH, RANGE 5 FAST, M.P.M. F. Disotell Section 9: 1W1/2SE1/4SEl/4 P.O. Box 35961 Tuscon, AZ. 85740 SUBJECT TO the interest of the Travelers Insurance Company as disclosed by Sheriff's Certificate of Sale on Decree or.Order of Sale filed May 31, 1990, under Document No. 213147, records of Gallaton County, Montana. TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M. Delaney and Company, Inc. Section9: a portion of the NE1/4SE1/4 27 E. Main Section 10: SW1/4 Bozeman, Montana 59715 All as shown on. Certificate of Survey No. 1005. SUBJECT TO the interest of the Travelers Insurance Company as disclosed by Sheriff's Certificate of Sale on Decree or Order of Sale filed May 31, 1990, under Document No. 213147, records of Gallatin County, Montana. i r 1't atar�m® a ao.t ate.-,t:.8 4--ate s as� Acl�alnarsy I�aesu t?vnor� xaY J.C. Billion Auto Plaza Subdivision 1. Frank Kountz, Jr. Dayle Harris Kountz Richard Frank Kountz 8616 Huffine Lane Bozeman, MT 59715 2. R.R. Nelson 431 North 7th Avenue Bozeman, MT 59715 3. Norton Ranch, . Inc. 8553 Huffine Lane Bozeman, MT 597-15 4. F. Disotell P.O. Box. 35961 Tuscon, AZ 85740 5. Delaney & Company, Inc. 27 East Main Street Bozeman, .MT 59715 BOZEMAr ' CITY-COUNTY PLANNING OFFICE October 1 , 1992 BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY RO. BOX 640, BOZEMAN, MONTANA 59715 PLANNING OFFICE PHONE:(406)586-3321 Ext. 227 Mr. Dan Kamp Cikan Architects , P.C. 1807 West Dickerson, Suite C Bozeman, MT. 59715 RE: Billion Auto Plaza - Land Use Development Guidelines Dear Mr. Kamp: The Bozeman City-County Planning Office has reviewed the revised guidelines for proposed exterior lighting in the Billion Auto Plaza, and as a result provide summary review comments below. The diagrams provided on page C-58 for exterior pole mounted fixtures ( standard and alternate ) would appear to respond to the concern of the City Commission for future development in the commercial project. However, until the review process has experienced the impact of the external glare shield for the Hilton Series fixture on a first hand basis , it would be difficult to conclude that it adequately satisfies the concern of the City Commission. It is also not clear if the external glare shield is proposed on the existing display fixtures for . the J.C. Billion Auto Dealership. As a result, the Planning Office would recommend that the developer retrofit a number of the existing fixtures along U. S . Highway 191 with the external glare shield. This would give the City Commission the opportunity to evaluate the ability of the shield to successfully address the glare. issue. If the shield accomplishes its purpose , the Planning Office would conclude that the guidelines have satisfied the glare issue for the existing dealership, as well as future development in the Plaza. The status of the height of the existing light fixtures still remains unanswered. As you are aware the present. height does_,�not comply with the standards set forth in the Zone Code. The proposed final site plan submitted by your office proposing a higher fixture should not suggest that they have been approved. Although the auto a.-,•* -�� dealership r'ecei'ved conditional approval by the City Commission, it has yet to obtain Final Site Plan approval by the Planning Director. Until such time that the height issue is appropriately addressed, Final Site Plan approval can not be granted by this office. This , as a result, will continue to delay any future development in the Plaza. As this office has previously commented, the burden of resolving the light fixture height falls on the developer. Should the developer conclude that the maximum allowable height of twenty. ( 20 ) feet is unacceptable, the Planning Office recommends that your i r, r client consider a text amendment to the Zone Code. The Planning Office is more than willing to work with you on outlining an amendment; however, it would not be appropriate for the Staff to participate in preparing any proposal . This should give your office an opportunity to introduce to the City Commission and Staff an in depth evaluation of the exterior lighting issue, that would not only benefit your client, but the entire community as well . The Planning Office would however caution you on relying entirely on data and information from the lighting industry to support any amendment. It would be very beneficial to, see how other communities address regulatory standards for exterior lighting. In response to your letter to the Planning Director, dated September 11 , 1992 , regarding the delay in review and approval of the guidelines also delaying future development, please note the attached letter from Dennis Foreman, Gaston Engineering & Surveying , requesting a one year extension of preliminary subdivision plat approval for Billion Auto Plaza Subdivision. As Mr. Foreman has commented they are still .attempting to obtain approval from the Montana Department of Health and Environmental Sciences. Until such time that the final subdivision plat is filed, no future development will occur whether the guidelines are approved or not . jThe Planning Office will make every reasonable effort to proceed with reviewing the remaining portions of the developmental guidelines as soon as possible. Generally, if the guidelines for exterior lighting can be resolved to the agreement of all parties involved, review and approval of the remaining portions of the guidelines is minimal . If you have any further questions , please contact the Planning Office . cerely, David Skelton Senior Planner DS/dps cc : Andy Epple , Planning Director Joe Billion, Developer Jim Wysocki , City Manager yy' Gaston Engineering & Surveying L-UEY BOZEMAN ^Y-COUNTY PLANNING OFFICE September 29, 1992 DATE W.O. # 90-518-2 City—County Planning P. O. Box 640 Bozeman, MT 59715 ATTN: Dave Skelton RE: Request for Extension of Preliminary Plat Approval on J.C. Billion Auto Plaza Subdivision Dear Dave, As agent for Joe Billion, we would like to request a one year extension on the Billion Auto Plaza Subdivision. We are requesting this extension because we are still in the process of obtaining MT Department of Health & Environmental Sciences approval on the proposed subdivision. If you have any questions, please feel free to contact me at the office. Thank you. Sincerely, Dennis L. Foreman, PIS DF/zdb l s n s u l t i .n 9 l:; n g i v e e r s & L a n d S u r v e y o r s -.".. I` .. ;1 .. :. :\. .IL.. •u:.:u.\II .:.,I: ii:u;l. i, . �ihrrlLnrl'i•w:•r, l_'i:\�'.ti::nit .I:::U ..\lla.i:l ,1u:;,._. ..i:a ri ..��a�fi,.. a R&IVED BY BOZEMAN CITY- UNTY PLANNING OFFICE ` DATE CIKAN ARCHITECTS,P.C. 1807 West Dickerson,Suite C,Bozeman,Montana 59715 (406) 586 3624 Fax(406)586 3630 September 11, 1992 Andy Epple City of Bozeman P. O. Box 640 Bozeman, MT 59715-0640 Dear Andy: As you know, it has been quite some time now since we re-submitted the Developmental Guidelines for the Billion Plaza. I realize at the time that Dave was experiencing some health problems and we have not wanted to push the issue. However, Mr. Billion informs me that he currently has two buyers who are anxious to proceed with their projects within his new sub- division, and we would ask that you expedite the final review and approval of those guidelines as revised. Please call me if you have any questions and also if you can let me know a realistic time frame to get final approval on those guidelines. Thank you for your help in this matter. Sincerely, i Dan Kamp cc: Joe Billion �;;z - �,ela = E 1.1u ta>r 1 �.Z �7. C'I Utr-,;F-la�1�5 �.� - mac-► -7� - �iE F�,..► vvr,�Llx► l Lt t1E h�'c Z-> - 'S•Z .Z - tom,. �-d Z - �-.lEEr�S -h riE "t�.y►5E'r� „zs..u.arc�►t�c�1..--I S .Z 4.� - Y�C� . 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The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - October 19 and October 26, 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meetings of October 19 and October 26, 1992, be approved as amended. The motiop carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Ordinance No. 1355 - amend zone designation from "A-S"to "R-2", "R-3", "13-1", and "R-O" - located in the NE% and SEY4 of Section 26. and the SW% of Section 25. T1S, RSE, M.P.M., Gallatin County - Walker Proyerty Subdivision The City Manager presented Ordinance No. 1355, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1355 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "A-S" (AGRICULTURE SUBURBAN) TO AN "R-2" (RESIDENTIAL, SINGLE-FAMILY, MEDIUM DENSITY) ON 12.441 ACRES; FROM AN "A-S" (AGRICULTURE SUBURBAN) TO AN "R-3" (RESIDENTIAL, TWO-FAMILY, MEDIUM-DENSITY) ON 12.103 ACRES; FROM AN "A-S" (AGRICULTURE SUBURBAN) TO A "B-1" (NEIGHBORHOOD SERVICE) ON 13.798 ACRES; AND FROM AN "A-S" (AGRICULTURE SUBURBAN) TO AN "R-O" (RESIDENTIAL--OFFICE) ON 27.101 ACRES, ALL LOCATED IN THE NORTHEAST % AND THE SOUTHEAST % OF SECTION 26 AND THE SOUTHWEST % OF SECTION 25, TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY MONTANA, AND MORE COMMONLY KNOWN AS THE WALKER PROPERTY SUBDIVISION. 11-02-92 2 - The City Manager reminded the Commission that they had provisionally adopted this ordinance at their meeting of October 19 and recommended that it be finally adopted at this time. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the. Commission finally adopt Ordinance No. 1355, amending the zoning district designation from "A-S" to "R-2", "R-3, "B-1", and "R-O" on property commonly known as the Walker Property Subdivision, located at the intersection of Highway 10 and Springhill Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Request from Joe Billion for decision - Conditional Use Permit - Joseph and Susan Billion - allow development of auto-related commercial planned unit development on 20-acre tract located in the E% SEY4 SE% Section 9 T2S R5E MPM (northwest corner of intersection of U.S. Highway 191 and Cottonwood Road) This was the time and place requested by Joseph Billion for a decision on the Conditional Use Permit requested by him and Susan Billion, under Application No. Z-91131, to allow development of an auto-related commercial planned unit development on a 20-acre tract located in the East one-half, Southeast one-quarter,Southeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located at the northwest corner of the intersection of U.S. Highway 191 and Cottonwood Road extended. City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Senior Planner Dave Skelton, dated October 29, along with a memo from Dan Kamp, Cikan Architects, dated October 30, and excerpts from the minutes of the Commission meetings held on May 28, 1992, November 18, 1991 and December 23, 1991. Senior Planner Dave Skelton reviewed the contents of his memo dated October 29. He reminded the Commission that this application is for the entire planned unit development, which ,is to be constructed on a 20-acre parcel; and the first phase, which is the Billion Chrysler/Mazda car dealership, has already been constructed. He noted that the public hearing on the auto-related commercial planned unit development was conducted on November 18, 1991, at which time the decision was delayed; and it was considered further on December 23, 1991, at which time the decision was again delayed. He stated the applicant has now requested that the decision be considered again. He stated that the applicant's representatives and the Planning staff have been working toward finalization of the land use development guidelines for the planned unit 11=02-92 r Y development, with four items being specifically addressed as a result of the staff's and Commission's review of the draft documents. Planner Skelton reviewed those four items, which include: (1) That the land use development guidelines be submitted in "final" draft form. He noted that this item has essentially been met with the exception of the designation of open space areas for each of the lots within the development, as depicted on the subdivision plat and the addition of language which specifies that "lights where the luminaries are directly exposed to adjacent rights-of-way are prohibited". (2) That the guidelines set forth a theme for signs, exterior lighting, architectural controls and sidewalk linkage. He noted that this item has been adequately addressed. (3) That the existing exterior light fixtures for the dealership shall comply with the zoning ordinance. The Planner stated that staff has identified four alternatives to address this issue (a) replace the fixtures, (b) proposed a zone code amendment, (c) retrofit the existing fixtures, or (d) request a deviation or flexibility in the regulatory standards as a part of the P.U.D. proposal. He stated that the applicant has chosen to retrofit the existing fixtures, but requested that he be allowed to retain the 24-foot height rather than the code height of 20 feet. (4) That the conditions of approval for the auto dealership be completed. He noted that all of the conditions except for No. 25, which stipulates that no exterior public address or speaker system be allowed, have been met. Senior Planner Dave Skelton noted that the applicant has provided a trial 180-degree retrofit on four of the existing lights in the auto dealership display area. He noted that a review of those retrofitted lights suggests that the proposed 360-degree retrofits will adequately address the Commission's concerns and essentially eliminate-the glare from those lights onto U.S. Highway 191 . He also stated that computations completed by those in the industry reflect that no additional lights will be needed because of these retrofits. He noted the applicant's desire to retain the 24- foot poles rather than lowering the lights to the zone code requirement of 20 feet. He suggested that the Commission may wish to approve this request, for the existing auto dealership only, and require that all other lighting installed within the planned unit development meet the zone code standards. Planner Skelton noted that during review and approval of the auto dealership, under Phase I of this P.U.D., the Commission imposed a condition which stipulated "That no exterior public address or speaker system be allowed on the subject property". He noted that the applicant has installed exterior speakers despite that condition, and suggested that it be addressed in conjunction 11-02-92 r - 4 - t Ifwith the land use development guidelines for the entire planned unit development. Planner Skelton then reminded the Commission that the City-County Planning Board forwarded its recommendation on November 5; 1991, for approval of this planned unit development, subject to eighteen conditions. He then forwarded four additional conditions which staff would recommend be imposed, to ensure that the applicant addresses the remaining issues as identified by staff. The Planner noted that there are presently 4 light fixtures along the back property line, 5 along Auto Plaza Drive and 34 along U.S. Highway 191 and Cottonwood Road, for a total of 43 light fixtures for the auto sales. He then forwarded the staff recommendation that at least 39 of those be retrofitted with a 360-degree shield. He noted that the four along the back property line are adjacent to vacant R-O zoned property, which is considered commercial under the new zone code. i Responding to Mayor Swanson, Planner Skelton suggested that the height of the light fixtures could be addressed by revising Condition No. 4 to include language such as "and that the height standard for the existing light fixtures on the auto dealership property be waived and that any future light fixtures or alterations of the existing light fixtures comply with the zone code", since the condition already pertains to the light fixtures. Commissioner Knapp noted that the Commission had previously discussed the problem of external loud speakers on the building; and the applicant agreed to the condition that no public address system would be allowed on the subject property. She noted, however, that there appear to be external speakers on the building that are being used. Planner Skelton indicated that one of the proposed additional conditions addresses that issue, including the requirement that the existing speakers be physically removed. Commissioner Frost noted that in the memo, the Planner has proposed revisions to the wording in Section 7.2.4. on Page 59. He suggested that those same revisions be included in Section 7.2.3. on that page, to make the guidelines more consistent. He then noted that there has been substantial discussion surrounding light sources; however, no one was really aware about how glare would impact the situation. He then suggested that the proposed condition be amended to stipulate that "no external glare" from the luminaries will be allowed. He also suggested that the Commission require shields on all 43 light fixtures. Planner Skelton responded the key to the issue is that the glare not be visible. He then 11-02-92 t - 5 - • indicated that the Commission may require shields on all 43 light fixtures, if it so desires. Commissioner Frost then suggested that the last sentence in Section 6.2.4. on Page C-54 be revised to read "No sign illumination shall cast any external glare which will be visible from street or access drive." Responding to a question from Commissioner Frost, Planner Skelton stated that the proposed Condition No. 3 would ensure that all of the conditions for the auto dealership, which is Phase I of the overall project, and for the planned unit development are met before any application for a second commercial use is processed. He noted that the intent of this condition is to ensure that the Planning staff is monitoring only one application rather than two or three, and further ensure that the existing situation does not arise again. Mr. Dan Kamp, architect representing the applicant, stated a willingness to alter the wording in the guidelines concerning lighting, as proposed by Commissioner Frost, noting that the original intent of the guidelines was to direct attention to the diagram on the following page, which shows the type of light fixture that will be allowed. He then noted that when the existing light fixture for the auto dealership was selected, it appeared to everyone involved that it would meet the City's zoning standards; and only after it was installed was it discovered that it did not. He noted that the company incurred the same problem at Disney World; and that has resulted in their offering shields to retrofit the fixtures and remove the offensive glare. He further noted that the old zone code allowed for 24-foot high light fixtures; and he overlooked the fact that the new zone code sets a 20-foot limit when preparing the application. Mr. Kamp indicated that the shields for the existing light fixtures must be fabricated, then installed. He estimated that it will take sixty days to complete that process. He then suggested that the Commission may wish to consider a zone code amendment to more adequately address the lighting issue, to ensure that inappropriate lighting is not allowed. Mr. Dan Kamp then stated that it was not Mr. Billion's intent to circumvent Condition No. 25 when he had the external speakers installed under the canopy. He noted, rather, that it was Mr. Billion's intention to provide low background music while customers were viewing vehicles in that area, not for a public address system to page employees. He stated that Mr. Billion has indicated his willingness to remove those speakers if that is the desire of the Commission. Mr. Dan Kamp voiced his discomfort with the third additional condition recommended by the Planning staff. He stated that a business with an SBA loan approval is completing its 11-02-92 0 application to locate in this planned unit development; and that loan approval will expire before it is anticipated that the conditions for the planned unit development and the auto dealership can be completed. He noted that this condition would trigger the need to re-apply for the SBA loan, which could create a hardship on the business wishing to locate there. Commissioner Frost asked if the applicant would be willing to post a financial guarantee to ensure that the conditions are met, as a possible alternative to requiring that all of the conditions be met prior to acceptance of an application for a second commercial use. City Manager Wysocki suggested, that no other project be approved until the improvements have been installed and all conditions for the auto dealership and the planned unit development are met. He noted that if that can be accomplished within sixty days, then the processing of an application for a second commercial use can move forward. Mr. Kamp requested that the Commission allow the applicant to post a financial guarantee, since it is necessary to pursue the application process within the next couple weeks to avoid the need to re-apply for the SBA loan. He then stated his intention to pursue finalization of the planned unit development guidelines and meet the conditions for approval as quickly as possible. Senior Planner Skelton concurred that the conditions for the planned unit development could be met rather quickly. He noted, however, that the Planning Office has not yet received the final plat for the subdivision, nor has the Department of Health and Environmental Sciences forwarded its approval of the preliminary plat. He further noted that either the improvements must be installed or a financial guarantee filed with the County. He then concluded that, while many of the conditions and issues could be resolved within two to three weeks, it is speculative that the processes could be completed. Commissioner Knapp noted the issues that remain unresolved, even though they have been discussed extensively. She further suggested that failure to comply with' some of the conditions has not been the result of misunderstanding. She then stated her reservations about getting into the same situation of trying to make decisions on specific applications without the final guidelines in place. Commissioner Knapp noted that during the public hearing for the auto dealership, the Commission very specifically stipulated that it did not want any external speakers in an attempt to minimize noise levels because of the rural setting and the surrounding area. She then noted that while background music may be pleasant to some people, it can be very irritating to others. She 11-02-92 - 7 - . stated her strong preference for having all of the external speakers removed. Responding to Mayor Swanson, Mr. Kamp stated that Mr. Billion has indicated a willingness to place shields on all 43 of the existing light fixtures. Commissioner Frost noted that during review of the conditional use permit for the auto dealership, the Commission very specifically stated its opposition to allowing external speakers, even for music. He then noted that there are at least five external speakers on the site; and they are not all located under the canopy. Mayor Swanson reviewed possible revisions to the four proposed additional conditions, as a result of the Commission discussion. He noted that those revisions would include changing No. 1 to refer to external glare in Section 6.2.4. on Page C-54 and Sections 7.2.3. and 7.2.4. on Page C-59. The Commission concurred in those revisions. Mayor Swanson noted that Condition No. 4 should be revised to reference 43 existing light fixtures, and allow the 24-foot tall light fixtures to remain for the auto dealership, with the requirement that any additional lighting within the planned unit development must comply with the zone code. The Mayor further noted the applicant's willingness to enter into an improvements agreement.and post a financial guarantee in lieu of Condition No. 3, which would require that all conditions of approval for the auto dealership and the planned unit development be met and the final plat approved by the Planning Director before a second commercial use will be reviewed. He then asked if the Commission wishes to consider this alternative. Responding to Commissioner Stiff, Mayor Swanson stated it is the intent that posting of a financial guarantee would allow for review and approval of the application for a second commercial use before the SBA financing approval expires. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested) by him and Susan Billion, under Application No. Z-91131, to allow development of an'auto-related commercial planned- unit J development on a 20-acre tract located in the East one-half, Southeast one-quarter, Southeast one- quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions.. 1 . That the applicants submit established building elevations and 100-year storm ponding capacity calculations for the entire planned unit development, being Exhibit "B", for review and approval by the City 11-02-92 Engineer's Office, and that Exhibit "B" be attached to the land use development guidelines prior to final P.U.D. approval; 2. That as-built plans and specifications of the private community water and sanitary sewage system be submitted to the City Engineer's Office and Superintendent of Water/Sewer to assure future compatibility with the City of Bozeman infrastructure; 3. That the applicants submit a stormwater drainage/treatment plan and maintenance plan for the planned unit development for review and approval by the City Engineer's Office prior to final P.U.D. approval; 4. That off-street parking and loading areas not be allowed to be within twenty-five feet (25 ft.) of any property line fronting a dedicated street, and that it be noted as such in the guidelines prior to final P.U.D. approval; 5. That the protective covenants add Section 5.15, which recognizes that the property owners' association is responsible for maintenance and repair of all right-of-way improvements, including pavement, curb, gutter, sidewalk and exterior lighting prior to final P.U.D. approval; 6. That the protective covenants add Section 5.16, which recognizes that the property owners' association is responsible for maintenance and repair of the private community water and sanitary sewage facilities prior to final P.U.D. approval; 7. That the permitted uses listed in Section 1 .7.2.1 .1 . - Auto-related Uses, exclude the wording "including but not limited to", and that the land use development guidelines reflect it accordingly prior to final P.U.D. approval; 8. That the permitted uses in Section 1 .7.2.1.2. - Business Park Uses, exclude "medical clinics, hospitals, banks and financial institutions, trade schools, and any use approved as part of a planned unit development", and that the land use development guidelines reflect it accordingly prior to final P.U.D. approval; 9. That the permitted uses listed in Section 1 .7.2.1 .3. - Light Manufacturing and Assembly, be approved as proposed; 10. That the permitted uses listed in Section 1 .7.2.1 .4. - Commercial Uses, exclude the wording "including but not limited to", and that the land use development guidelines reflect it accordingly prior to final P.U.D. approval; 11 . That Section 2.0 - Approvals and Submittals, Section 3.0 - ' Site Planning Guidelines, and Section 5.0 - Landscape Guidelines of the development guidelines, be revised as recommended by the staff report and correspondence with Mr. Dan Kamp, dated March 8, 1991, and that the revised guidelines be.reviewed and approved by the Planning Staff prior to final P.U.D. approval; 12. That Section 4.0 - Architectural Guidelines 'of the development guidelines, expand on the applicants' definition of "contemporary" as outlined by the staff report, include a "palette" of materials, "quality" of buildings, specific architectural elements and treatment, dominant elements other than architectural, and control of building bulk and scale, and that it be reviewed by the Planning Staff and Design Review Board prior to final P.U.D. approval; 11-02-92 • - 9 - • 13. That the Bozeman City Commission be made a party to any revisions or modifications to the land use development guidelines and protective covenants for the planned unit development; 14. That the land use development guidelines address the designated open space areas for the entire planned unit development, as required by the preliminary subdivision plat, and that the open space areas be depicted accordingly on Exhibit "D" of the guidelines; and that wording be added to Section 6.2.4., Page 54, and Sections 7.2.3. and 7.2.4., Page 59, that prohibits lights with luminaries that are directly exposed to adjacent rights-of-way prior to final P.U.D. approval; 15. That all conditions of approval for the auto dealership conditional use permit be satisfied, including the physical removal of all external speaker systems, prior to final P.U.D. approval; 16. That, prior to the Planning Office accepting and processing any application for a second commercial use in the planned unit development, all conditions of approval for the auto dealership and planned unit development will have been satisfied, and that the final site plan for the auto dealership and final P.U.D. approval for the planned unit development will have been endorsed by the Planning Director; 17. That the developer shall enter into an improvements agreement for a period of six months from the date of City Commission approval for the glare shields of the forty-three (43) existing exterior light fixtures for the auto dealership, to include a financial guarantee in an amount equal to one and one-half (1 Y2) times the cost of installation of said glare shields; r 18. That all forty-three (43) of the exterior parking lot display fixtures be retrofitted with a 360-degree glare shield to eliminate the possibility of any external glare prior to final P.U.D. approval; and that the 24-foot high light standards for said fixtures be allowed to remain, with all other lighting in the planned unit development to be installed in compliance with the zone code in existence at the time of development of each individual lot; 19. That the applicants submit a landscape plan for review and approval by the Planning Office and Design Review Board, buffering the auto-related commercial uses from Cottonwood Road prior to final P.U.D. approval, and that each individual site submittal respond to the landscape buffer plan during the site plan review process for each individual lot; 20. That the applicants submit a storm drainage detention plan for the entire planned-unit development based upon a ten-year storm event, for review and approval by the City Engineer's Office prior to final P.U.D. approval; 21 . That the applicants submit to the City Engineer's Office, in triplicate, a report on the monitoring of water discharge from the private community sanitary sewage system on a quarterly basis, beginning with January 1992; 22. That the applicants submit to the City Engineer's Office and Planning Office, in triplicate, a written statement identifying all potential nuisances that may arise from each land use activity and provide a plan for the acceptable handling,disposal or remedy of those nuisances prior to issuance of a building permit for each land use activity; and 11-02-92 - 10 - 23. That seven (7) copies of the Billion Auto Plaza land use development guidelines and master site plan, containing all the conditions, modifications and corrections approved by the Bozeman City Commission, be submitted for review and approval by the Planning Director within six (6) months of the date of City Commission approval of the application for the conditional use permit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp,Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson;those voting No, none. Discussion - Commission meeting schedule for December 21. December 28 and January 4 City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from the Clerk of the Commission, dated October 30, providing background information for this discussion. At the Mayor's request, Clerk of the Commission Sullivan reviewed the contents of her memo. She noted that one public hearing has been scheduled for the December 7 meeting. She i then indicated that four public hearings are to be conducted before the Planning Board on December 1 which must then be forwarded to the Commission for consideration. - She reminded the Commission that under the standard first/third week schedule for public hearings, those hearings would be scheduled for December 21 . She then asked if the Commission would wish to consider scheduling those public hearings for December 14 instead. Senior Planner Skelton reminded the Commission that one of the public hearings includes a preliminary plat; and the statute require that this type of application be acted upon within sixty days. Following discussion, the Commissioners concurred that the public hearings should be scheduled for December 14, rather than December 21; that the agenda for the meeting for December 21 should be kept as light as possible; and that the meeting of December 28 should be cancelled. Discussion - review of structure and composition of the various boards and commissions City Manager Wysocki noted that the Commissioners have received a memo from Clerk of the Commission Sullivan, dated October 29, along with a list of the current members of the various boards and commissions. He reminded the Commission that this information was 11-02-92 requested by Commissioner Stiff. Commissioner Stiff noted that the agenda item pertaining to the Billion Auto Plaza consumed most of his preparation time for this meeting. He noted that his brief review of this memo raised some questions which he would like to discuss with the Clerk prior to Commission discussion. He then requested that the Commission acknowledge receipt of this memo and that it be brought back later for discussion. Commissioner Knapp stated she spoke briefly with the Clerk about the possibility of adding whether each of the boards is mandated by State statute or'if the board is simply established at the local level, thus allowing the Commission to make a determination on whether it continues to be necessary. City Manager Wysocki suggested that review of the various boards should include a review of the current members, and how many of them reside outside city limits. Mayor Swanson requested that this item be placed back on the agenda within four weeks for discussion. Discosion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Memo from Director of Public Service Forbes,•dated October 28, forwarding a press release regarding lead in the water. Director of Public Service Phill Forbes provided a brief history of the events which have led to this memo. He noted that the Lead and Copper ruling was promulgated by the EPA and published in the Federal Register in June 1991. He noted that under the ruling, Bozeman's water system is classed as a medium-sized water system; and the first sampling was required in 1992. He noted that in July, the City conducting samplings in 60 homes which were determined to have the highest probability of high lead readings, by drawing samples from the taps where people were most likely to take their drinking water and cooking water, after the water had sat in the service line for at least six hours. He stated that the results of those tests revealed that at the 90th percentile, the results for lead were 18 parts per billion, with 15 parts per billion being the action level; and .65 parts per million of copper, which has an action level of 1.3 parts per million. The Director stated that the homes most likely to have a high lead reading were 11-02-92 • - 12 - • determined to be those built before 1933, when lead pipes were more likely to be used for service lines, and those built between 1982 and 1986, since corrosion in new plumbing is most evident at approximately ten years and lead-based solder was used until 1986. Director Forbes stated that, because of the test results, the City is now embarking on a public information campaign, which includes the mailing of brochures, which are being received by customers today; a message on the water bills being mailed this month, and news releases. He stated the intent of this information is to minimize public exposure to lead, possibly through such simple measures as flushing the lines before taking a drink in the morning. The Director stated that the City is currently conducting a pilot program to see if adjusting the pH levels at the Water Treatment Plant will resolve the problem, since increasing the pH level should result in a reduction in the lead level. He noted that another sampling is scheduled for January 1993, using the same households if possible. He stated that if the lead level is still above the action level, another public information campaign will be undertaken, while new steps are taken to reduce the lead level. Responding to Mayor Swanson, the Director estimated this program will cost the City $6,000 this fiscal year. He noted that the costs of testing have been included in the budget, but not the public information campaign. Responding to questions from the Commission, the Director indicated that as a part of this program, the City will provide information to anyone who calls in to find out if a lead services leads to the house. He noted that many of the older services have been renewed; and in those instances, the lead service has been removed. He indicated that, unless everyone calls in at once, response times should be relatively short. Commissioner Frost suggested that the staff keep track of the number of inquiries received and the staff time involved in meeting the requirements of this mandated program. Responding to the Mayor, the Director stated that for those communities which cannot meet the action levels through adjustments to the water source and in the water treatment plant, they will be required to enter into a program in which 1/7 of all lead services are replaced every year until none remain. He then indicated that he may encourage such a program in Bozeman, even if the next set of samples come in under the action level, although maybe not at such an ambitious pace, simply to avoid future problems in this area. a (2) Memo from Planning Director Andy Epple, dated October 29, regarding the i 11-02-92 • - 13 - • \ Bozeman Shelter Care and the establishment of a citizens' group in that subdivision. (3) Invitation to attend a reception for the tenth anniversary of the Career Transitions office, to be held at 6:00 p.m. on Thursday, November 5. (4) Memo forwarding comments from Rolene Thill, 428 North Willson Avenue, in opposition to the closure of North 20th Avenue. (5) Memo forwarding comments from Henry and Ilene Ehlers, owners of the duplex . at 523-525 North 20th Avenue, in opposition to the closure of North 20th Avenue. (6) Memo forwarding comments from Donna Littleton, 1806 Durston Road, in opposition to the closure of North 20th Avenue. (7) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on Wednesday, November 4. (8) Agenda for the Development Review Committee meeting scheduled for 10:00 a.m. on Wednesday, November 4. (9) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on Wednesday, November 4. (10) Notice that there will be no Gallatin County Commission meeting on November 3, along with weekly minutes for the week of October 19, 1992. 01) Copy of an advertisement sent to the newspapers announcing the availability of funds from economic development revolving fund. (12) The City Manager submitted his weekly report, as follows. (1) Stated that 15 people attended the risk management meeting held last week. (2) Reminded the Commission of the auction sale of Valley Unit Subdivision lots scheduled for 1 :00 p.m. on Wednesday, November 4. (3) Noted that City Hall will be closed tomorrow because of the Election Day holiday.. (4) Noted that approximately 18 burglaries have been resolved with the arrest of one individual, and more may be resolved. (5) Announced that City staff is ready for the upcoming snow season. (6) Noted that the request for qualifications for architectural services for expansion of the Senior Center has been advertised, with this coming Friday being the deadline for responses. (7) Noted that the Planning Board will continue its consideration of the transportation,plan update in the next week or two. (13) Commissioner Stiff noted he received two telephone calls this past week that pertained to administrative issues. He indicated that he referred both of those calls to the City 11-02-92 Manager. (14) Commissioner Knapp stated that she attended the Library Services Advisory Council meeting in Helena on Friday. (15) City Attorney Luwe submitted the following. (1) Noted that the Sinclair sign at Panda Enterprises, formerly Baldy Mountain Ski and Bike, has been lowered to the appropriate height. He noted that with sale of the business, most of the issues are being resolved. He noted that within the next couple of weeks, he hopes to obtain a settlement agreement, get the ' Commission's concurrence, and then request dismissal from the Court. (2) Noted that Judge Honzel from Helena has awarded attorney's fees to the Bozeman Daily Chronicle for its recent case against the City. He stated his intent to appeal that portion of the decision to the Supreme Court, since the statutes do not allow for the disclosure of names without a Court order. He indicated that the attorneys' fees for the Chronicle are currently estimated at $1,500. (16) Clerk of the Commission Sullivan indicated that she is now doing a brief review of items of public interest on upcoming agendas for KMMS radio on Friday mornings. She stated that she has done it the past two Friday mornings, in an effort to let citizens know what,will be addressed the following Monday. (17) Mayor Swanson submitted the following. (1) Noted that the letter to the successful legislators has been drafted, and will be mailed on Wednesday. He reminded the Commission of the meeting set for 6:00 p.m. on Tuesday, November 17, at the Baxter, at which time the League's resolutions pertaining to tax reform, infrastructure,accommodations tax, increase in municipal fuel 'tax and the subdivision laws will be discussed. He then encouraged the Commissioners to verbally invite any of the successful candidates that they may know personally. (2) Indicated his desire to attend an annual conference sponsored by the Lincoln Land Institute on the development of utility and abandoned rail corridors in a community. He indicated that this conference is scheduled for December 4 and 5 in Providence, Rhode Island. (3) Noted a fascinating presentation from the State Lands regarding the Mount Ellis area. He noted that history tidbits of the drainage include the fact that steam engines with 8-foot wheels were driven in and out of the canyon; logs were flumed down the canyon for 9% miles; the City of Commerce,,which had a population of 200, was built up the canyon; and another camp for loggers was located in the canyon as well. He noted that one of those steam engines was removed from the canyon in 1970 by a gentleman from Forsyth and has been fully restored. He then stated that he has information 11-02-92 • - 15 - • that he will copy for any interested Commissioners; all of the Commissioners stated an interest in seeing the information. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Acknowledge receipt of request for annexation from George E.Westlake and Kay Martinen - 14.147-acre tract lying north of West Oak Street extended, south of 1-90 and east of North 7th Avenue; refer to staff Authorize Mayor to write and sign letter of support for Historic Preservation Advisory Commission grant application for Fourth Avenue Linear History Park Authorize absence of Mayor Swanson from meeting of November 30 in compliance with Section 7-3-4322121, M.C.A. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Adjournment - 5:10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. i 11-02-92 CIKAN ARCHITECTS, P.C. 1807 West Dickerson,Suite C,Bozeman,Montana 59715 (406) 586 3624 Fax(406)586 3630 MEMORANDUM TO: Members of the City Commission FROM: Dan Kamp, Cikan Architects, P.C. SUBJECT: Final Action on the Billion Plaza P.U.D. DATE:' October 30, 1992 I have requested of Dave Skelton that we be placed on the Monday, November 2nd agenda of the city commission meeting to be given final approval of the Development Guidelines of Billion Plaza. We have addressed all of the concerns of the previous meetings with your commission, and submit to you the final documents. Additional points need to be made on the following: 1) Resolution of the .concern about the light fixtures has been addressed through Mr. Billion's agreeing to retrofit the existing fixtures with a custom flange designed by the manufacturer that is configured to extend down to'the same level as the bottom of the lens. We have attached temporary mock-ups of the flange to 4 of the fixtures. They appear to address the concern expressed by some of the commissioners about "glare". Mr. Billion agrees to retrofit all of the fixtures with 360 degree flanges. You will note that the flanges are also addressed on the Developmental Guidelines as being required for any future development in the plaza where fixtures that have a lens below the light housing occur. We have shown the remainder of the P.U.D. to in fact have all light poles at 20'. However, we request that the existing light poles remain at 24' as originally submitted in the Site Plan. The pole placements and light design and engineering were all based on a 24' height. Thank you for your consideration on this. MEMORANDUM ------------------------------------------------------------------ TO: BOZEMAN CITY COMMISSION FROM: DAVE SKELTON, SENIOR PLANNER RE: C.U.P. APPLICATION FOR AUTO PLAZA PLANNED UNIT DEVELOPMENT JOE BILLION, APPLICANT DATE: OCTOBER 29, 1992 ------------------------------------------------------------------ Attached please find the final draft of the land use development guidelines , the P.U.D. master plan, site plan for phase one of the P.U.D. (J.C . Billion Auto Dealership) , Planning Board Resolution #Z-91131 , memo from the Planning Staff dated December 20 , 1991 , and' minutes of the November 18 , 1991 , and December 23 , 1991 , City Commission meeting . Mr. Dan Kamp, Cikan Architects , representing Mr. Joe Billion, has requested to be placed on the Bozeman City Commission agenda of November 2 , 1992 , to consider a decision on the application for a conditional use permit to allow development of an auto-related commercial planned unit development , more commonly known as Billion Plaza and located along U. S. Highway 191 . The public hearing on this C.U.P. application was held on November 18 , 1991 . The Commission deferred a decision until the meeting of December 23 , 1991 . At the Bozeman City Commission meeting of December 23 , 1991 , the Commission again delayed action on the conditional use permit application until the four issues in the December 20 , 1991 , memo from the Planning Staff, could be adequately addressed. A summary review of the four issues is provided below: 1 ) That the land use development guidelines for the proposed planned unit development be completed in a "final" draft form, responding to all the issues identified by the Planning Staff , prior to a decision by the City Commission. The applicant has submitted the "final" draft form for review by the Staff , and as a result has generally satisfied the issues identified by Staff and City Commission with the exception of the following two major items : Page C-41 No . 5 . 1 . 5 . D ° ( formerly Page C-40 ) - All designated open space areas for the planned unit development , in addition to the southwest corner, included those open space areas required by preliminary subdivision plat approval must be provided on Exhibit Page C-59 No. 7 . 2 . 4 ( formerly Page C-54 ) - Commissioner Frost requested that language be added which specifically states that "lights where the luminaries are directly exposed to adjacent rights-of-way are prohibited. " 2 ) That the guidelines specifically set forth a logical and explicit theme for signs, exterior lighting , architectural controls , and sidewalk linkage . The applicant has responded to the input of the D.R.B. , Staff and City Commission to adequately address this item. 3 ) That the existing exterior light fixtures for the Billion Chrysler Mazda auto dealership comply with the Bozeman Zoning Ordinance . The existing light fixtures violate the Zone Code with respect to exceeding the maximum allowed height of twenty ( 20 ) feet and deflecting light down and/or away from adjacent residential districts and rights-of-ways (Section 18 . 50 . 035 ) . The applicant essentially has a combination of four options to this issue : 1 - Replace the fixtures ; 2 - Propose a zone code text amendment ; 3 - Retrofit the existing fixtures ; or 4 - Request a deviation or flexibility in the regulatory standards as part of the P.U.D. proposal . The applicant has chosen to retrofit the parking lot display fixtures with a temporary glare shield on four of the existing lights . The four retrofitted fixtures are presently located on two of the light poles along North Cottonwood Road. If the City Commission determines that the glare shield is acceptable , the applicant should retrofit all of the existing display fixtures with the glare shield. The Staff would recommend that the Commissioners take the opportunity to evaluate the retrofitted fixtures before Monday night ' s meeting . The applicant has also requested that the height limitation of twenty ( 20 ) feet be waived as a relaxation of the regulatory standards in-lieu of the innovative land use developmental guidelines for the P.U. D. that are proposed by the applicant . 4 ) That the conditions of approval for the existing auto dealership be completed to obtain Final Site Plan approval which requires a financial guarantee prior to occupancy of the structure for on-site improvements not currently installed. The applicant has generally completed the conditions of approval for the existing auto dealership with the exception of condition number twenty-five ( 25 ) which states that . no exterior public address or speaker system be allowed on the subject property. All remaining on-site improvements ( i . e . landscape, paving , curbs , sidewalks, etc . ) have been installed and no fainancial guarantee is necessary. Resolution No . Z-91131 of the Bozeman City-County Planning Board recommended conditional approval of the application with eighteen ( 18 ) attached conditions . The Planning Staff would recommend that the following conditions also be considered by the City Commission in any decision on the C.U.P. application: 11) That the land use developmental guidelines address the designated open space areas for the entire planned unit development , as required by the preliminary subdivision plat , and that the open space areas be depicted accordingly on Exhibit "D" of the guidelines , and that wording be added to Section 7 . 2 . 4 , page C-59 , that prohibit lights with luminaries that are directly exposed to adjacent rights-of-way prior to Final P.U.D. approval ; 2 ) That all conditions of approval for the auto dealership conditional use permit be satisfied, including the physical removal of all external speaker systems , prior to Final P.U.D. approval ; 3 ) That prior to the Planning Office accepting and processing any application for a second commercial use in the planned unit development , all conditions of approval for the auto dealership and planned, unit development will have been satisfied, and that the Final Site Plan for the auto dealership and Final P.U.D. Approval for the planned unit development will have been endorsed by the Planning Director. In considering a decision on the application for a conditional use permit for the commercial planned unit development the City Commission must also act on the status of the existing light fixtures . The Planning Staff has done an on-site inspection of the applicant ' s proposal and has found that the temporary retrofitted glare shield adequately addresses the issue of glare . The Staff would recommend that a fourth condition be considered in any decision by the Commission: 4 ) That all fourteen ( 14 ) of the existing exterior parking lot display fixtures be retrofitted with a 360 degree glare shield prior to Final P.U.D. approval . The City Commission must also consider the applicant ' s request for relaxation of the zone code requirement of the maximum allowable height of twenty ( 20 ) feet for all exterior light standards . The applicant is requesting relaxation of this requirement based upon the proposed innovative land use developmental .guidelines for the planned unit development and the specific need for additional height of the standard for display type light fixtures . If the Commission should have any questions regarding this project prior to Monday' s meeting , don' t hesitate to contact me at the Planning Office . DS/dps Attachments i RECEIVED BY BOH m TY-COUNTY PLANNING OFFI €� - r``> DATE >. CIKAN ARCHITECTS,P.C. 1807 West Dickerson,Suite C,Bozeman,Montana 59715 (406) 586 3624 Fax(406)586 3630 - October 14, 1992 Dave Skelton Bozeman City/County Planning Office 35 North Bozeman Avenue P. O. Box 640 Bozeman, MT 59715 Dear Mr. Skelton: In response to your letter dated October 1st and received on 'October 7th concerning the Billion Auto Plaza Land Use Development Guideline, I wish to make the following points and ask that we come to some sort of understanding on proceeding with final approval of the Land Use Guidelines. #1 Regardless of the status of the final approval of the subdivision plat by Gerry Gaston, the fact remains that the guidelines have for the past three months been submitted in their final form to your office and have virtually gone without-any action. As I had mentioned in my previous letter, we have two different businesses that are ready to submit plans and specifications to the City for Building Permits, but cannot proceed until these guidelines have been approved. In as much as the last rework of the guidelines was a matter of you and I working through each individual item and making the changes necessary, I do not see where the extended delay is justifiable. #2 At the time that we submitted our modifications to the lighting section you indicated to me that the concerns of glare from the existing lights was a gray area in that our revised site plan submittal to the City for the Building Permit of the Chrysler building, we had noted on the site plan a 24' mounting height. Since this was a P.U.D., and P.U.D.'s are not strictly bound by zoning requirements, it was our understanding that the 24' mounting height was an acceptable height. Mr. Billion does not feel, and I agree, that the City is not justified in asking him to change the mounting height of the existing lights. It is our belief and understanding that in granting the Building Permit based on a site plan with the mounting heights shown and requested in the conditions from the City Commission, we feel that this mounting height was proper and legal. #3 As it relates to the fixtures themselves, the fixture installed is the fixture that was proposed from the beginning. It was our understanding that it met City requirements, even though those City requirements were very non specific and have no means of addressing any technical aspects or definition of the term "glare". Again, since the material for the specific light fixture was submitted prior to the building permit, and the permit was issued with the understanding that those lights would be used, it only seems proper that by issuing the building permit based on our submittal, that the light fixtures themselves were proper. However, since the installation of the fixtures, there has been concern raised by some of the Commissioners as it relates to "glare", although the City has no definition of the term "glare". The fixtures met the city requirements of the luminare and element being contained within the fixture, and the so-called "glare" comes from a higher light intensity coming from the lens that protrudes below the light fixture. Mr. Billion, although not agreeing with the Commission as to the problem, understands their concerns and is willing td work through this. If you had read the revised light section of the Developmental Guidelines for Billion Plaza, you would see that all lights are required to have no portion of the fixture protruding below the base of'the fixture itself. The only exception to this is the.SiIM,..tlon .vt cle the 1111ton Stries requ,.w a iv0v wau b lit) aiili the protective lens protrudes below the fixture (which most likely will not occur in the balance of the development)'. In that case, the light shield is required for all new fixtures. In addition, Mr. Billion is proposing to retrofit all of the lighting fixtures on the perimeter of the parking lot at the existing Chrysler facility. This will shield the lens from view from the highway on all of those fixtures and the 180 degree shield on these fixtures will be positioned so that they shield the lenses from the highway. Mr. Billion has gone the extra mile on this proposal, and is willing to address the Commissioner's concerns on this issue contingent upon the Guidelines being reviewed and moved back to the City Commission for final approval so that construction can yet occur this fall on the facility that is waiting to file for a building permit. If you cannot move this through the process in a more expedient manner, and construction is held up until past this construction season and their start cannot happen until spring, Mr. Billion may need to re- think his position, and may not be able to provide any retrofit to the existing lights. Please convey our concerns and our willingness to retrofit the lights to the City Commissioner's, and please.move our Developmental Guidelines out of this gridlock and back into the approval process. Ancerely, Dan Kamp cc: Joe Frost Jim Wysocki Andy Epple Joe Billion Bill Bennett Greg Morris (5 v • • Please return to: Genesis Engineering, Inc. — 204 Nth 11th Ave Bozeman,MT 59715 2605098 Page: 1 of 7 02101l2018 02:28:04 PM Fee: $59.00 Charlotte Mills - Gallatin County, MT MISc 111111111111111111111111111IlllllIIIIIIII1111111111IIIII111111.1I1IIII1111IIII IIIIIII Certification of Termination We,the undersigned and current landowners have caused to have terminated,'resigned, relinquished, abolished and vacated the JC Billion Auto Plaza Planned Unit Development(PUD) along with its restrictions, guidelines and Declarations of Covenants, Conditions and Restrictions recorded on November, 1993 Film 138,page 1280-1312 for the JC Billion Auto Plaza Subdivision Block 1 Lots 1, 2, and 3, Block 3 lot 3, the amended Block 2, Lot I and amended Block 3 Lot I together with all Common Open Areas of JC Billion Auto Plaza Subdivision, recorded as plat J-180 including amendments, herein after referred to as the subject property. We,the current landowners and members of the JC Billion Auto Plaza Property Owners Association, Inc(POA) recognize the purpose of this PUD termination is to allow the existing lots,tracts, open space and common areas as described above to be updated through site plan review under the current B-2 zoning requirements and allow future improvements and revisions to comply with current zoning code. The POA is not aware of any owners within the subject property making improvements for which this termination would impede. It is further stated that the POA is in good financial standing with adequate assessments to cover the cost of its maintenance responsibilities and we explicitly confirm that no outstanding financial obligations to the current property owner's association under the terminated PUD exist. Upon removal of the subject property from the PUD, JC Billion Auto Plaza Property Owners Association, Inc. acknowledges that any city approved uses and relaxations granted through the JC Billion Auto Plaza PUD will be relinquished for JC Billion Auto Plaza Subdivision Block 1, Lots 1, 2,and 3,Block 3 lot 3, the amended Block 2, Lot 1 A and amended Block 3 Lot 1 A together with all Common Open Area of the JC Billion Auto Plaza Subdivision J-180 including amendments will become invalidated except for the following: 1. Auto-related uses granted to the J.C. Billion Subdivision through Conditional Use Permit, Application Z-911411YZ-9031 establishing the auto-dealership with repair shop/services and key conditions tied to those uses on Block I Lot 1 of J-180, 2. Auto-related uses granted to the J.C. Billion Subdivision through Conditional Use Permit, Application Z-94135 establishing the auto-paint&body shop with an existing parking and fenced area and key conditions tied to those uses on Block 2 Lot I of J-180D, Page 1 of 7 ' 2605098 Page 2 of 7 02/01/201 8 02:28:04 PM 3. The existing Tele-Communications uses granted to the J.C. Billion Subdivision through PUD modification DOC 2020192 establishing the Existing Tele-Communications tower, supporting communication buildings, security fencing and any key conditions tied to those uses on Block 1 Lot 2 of J-180, The above mentioned uses are vested until such time that the J.C. Billion Subdivision does not comply with the requirements tied to those uses. The POA currently maintains street rights-of-way,utility easements, infrastructure, and open space or common area parcels within the Billion Auto Plaza. The POA will continue to maintain these areas in the future as well as the new association documents. The remaining and modified common area parcels shall include Block 2 Lot 4, Block 1 Lot 4A, and Storm Water Common Open Space A as depicted on the 2017 amended plat. If any future storm water common open spaces or additional infrastructure capacity are required of the subdivision, all existing and new lots will be assessed accordingly in order to maintain these future facilities. **** This area intentionally left blank Page 2 of 7 2605098 Page 3 of 7 02/01/201 8 02:28:04 PM TO HAVE AND TO HOLD, unto the said grantees, her heirs and assigns forever. Dated this U day of flc C , 2017. illion,Its: Manager B Woe i ion Family Limited Partnership STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this day of e— , 2017, before me the undersigned, a Notary Public for the State of Montana, personally appeared Joe Billion, known to me to be Manager of the Billion Family Limited Partnership and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of the Billion Family Limited Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. SEAL LORI A JONES N t Public for the to of Montana s Notary Public � :��oT�R/a4•, :for the State of Montana t = Residing at: SE.1I..,�; Belgrade, Montana (Printed Name) °;9 •.O MO• �`: My Commission Expires: F . Residing at 2'L VLAA ri Aril 03,2021 My Commission expires Prerij / 3 /20 1 Page 3 of 7 2605098 Page 4 of 7 02/01/2018 02:28:04 PM J Dated this I.z day of QcC- , 2017. t , J e Ilillion, Its: Manager J& amily Limited Partnership STATE OF MONTANA ) : ss. COUNTY OF GALLATIN ) On this 12 day of Lcc• , 2017, before me the undersigned, a Notary Public for the State of Montana, personally appeared Joe Billion, known to me to be the Manager of the J&D Family Limited Partnership and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of the J&D Family Limited Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. j (SEAL) lil �t'r<�d@tip, LORI A JONES '� ` p Notary Public N Publicfor the S to of Montana �8finrtrq� ;for the State of Montana ` ^1• �.J Residing at: SEAL `'r: Belgrade, Montana Printed Name �¢ My April Expires: Residing at �Z 03 2021 My Commission expires r :1 / 3 /20 I Page 4 of 7 2605098 Page 5 of 7 02/01/201 8 02:28:04 PM Dated this /.2 day of D- L . 2017. Jq Ilion, Its: President J. illion Auto Plaza Property Owners Association, Inc. STATE OF MONTANA ) . ss. COUNTY OF GALLATIN ) On this I a day of Le- , 2017, before me the undersigned, a Notary Public for the State of Montana, personally appeared Joe Billion, known to me to be President of the J.C. Billion Auto Plaza Property Owners Association, Inc. and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of the J.C. Billion Auto Plaza Property Owners Association, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. LORI A JONES (SEAL) Notary Public ap1AWA". for the State of Montana U�lIR . _ gesiding at: Belgrade, Montana 14 ";� P M Commission Expires tar : oy Public for the St to of Montana `<9�r ', �`: y A ril 03 2021 Jon-e s (Printed Name., Residing at 1> p,, - My Commission expires j _/ /20a 1 Page 5 of 7 2605098 Page 6 of 7 02/01/201 8 02:28:04 PM 0 Dated this 6 day of , 2017. Peder J. Bill' n, Its: PJB,LLC STATE OF MONTANA ) ss. COUNTY OF Gallatin ) On this I,) day of Doe- • , 2017, before me the undersigned, a Notary Public for the State of Montana, personally appeared Peder J. Billion, known to me to be P,ej e, 3• ]a>' ll,D, - fresi*61 cJ , and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of PJB, LLC. IN WITNESS a hereunto set my hand and affixed my Notarial Seal the d y, ga first ab�GlbvPitNEs �©:•' Fs; Notary Public :X�,oTnarg4. :for the State of Montana —— = Res(ding at: . .SFAL.: Belgrade, Montana %� •• P=" My Commission Expires: A r(I 03,?_Q 1 . otary Public for the tate of Montana t -c (Printed Name) Residing at azFwkA,,, s— My Commission expires d —1 -S 120.12-1 i Page 6 of 7 2605098 Page 7 of 7 02/01/201 8 02:28:04 PM Dated this of Q,�G , 2017. Susan Pederson, its: WQ STP,LLC STATE OF MONTANA ) ss. COUNTY OF Gallatin } On this f5 day of L 4• , 2017, before me the undersigned, a Notary Public for the Sta. of ?V.pntana, personally appeared Susan Pederson, known to me to be iA e. KeJeYb1N�'4e^etr, Pin, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of STP, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above LORt A JONES j Pv-" Notery Public } :aoTnarti�• _ft)r the State of Montana Mesld{ng at: * SE,� � Ll�ei{�rade, Montana �' f�;y Comm ion Expires: ril 2021 Notary Public for the Slate of Montana (.fir : � • �J y�e S (Printed Name) Residing at JB�Iv 118 &A My Commission expires /_�_/20 �2,1 Page 7 of 7 s. CI*F BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net January 14, 2014 Billion Auto Group Attn: Joe Billion 1 Auto Plaza Drive Bozeman, MT 59718 i Re: Billion PUD—LED Light Conversion -Mods to FSP—Z91131A Dear Mr. Billion: The Bozeman Department of Community Development is pleased to award approval of your request to allow the LED Light Conversion for the existing pole and wall mount lights at the Billion Auto Plaza Planned Unit Development (PUD). Staff has reviewed the proposal against Chapter 38 of the Bozeman Municipal Code. Following review, Staff forwarded the recommended conditions of approval to the Director of Community Development who is responsible for the final decision. The project is approved with the following conditions: (All code references are to the Bozeman Municipal Code) Conditions of Approval 1. Written certification of compliance with Section 38.23.150 (as applicable) and Section 38.23.150.D.3 "Car Dealership Lighting" (Table 38.23.150-5 — Secondary Business Districts) of the newly installed lighting shall be completed by a licensed lighting engineer and submitted to the Department of Community Development Department prior to use of the new lighting. 2. Prior to the use of the new lighting, the applicant shall submit a security lighting plan to the Department of Community Development detailing which lights are proposed to be left on between the hours of 11 am and 6 pm for security purposes (otherwise,,Code requires all lighting to be turned off between said hours). 3. All existing light shields shall be retained or replaced in order that,per Section 38.23.150.F "Lighting Specifications for All Lighting", the light source and associated lenses shall not protrude below the edge of the light fixture, and shall not be visible from adjacent streets or properties. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA "full-cutoff' criteria(no light output emitted.above 90 degrees at any lateral angle around the fixture). Code Provisions 4. Per Section 38.01.080 & 38.34.110, the proposed project shall be completed as approved and conditioned in the application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed Development Review Division Policy and Planning Division Building Division l - s modifications for review asapproval by the Department of Comnt Development prior to undertaking said modifications. The only exception to this law is repair. 5. Per Section 38.34.100,the applicant shall obtain a building permit within one year of approval, or said approval shall become null and void. Please call the Building Department at 406-582-2375 for more information on the building permit process. You have the right to appeal this decision of the Community Development Director pursuant to the provisions of Article 38.35 of the Bozeman Municipal Code. Please note that this decision is also subject to appeal by other aggrieved parties as defined by Section 38.42.080. Such appeals must be filed pursuant to the provisions of Sec. 38.35.030. An appeal must be filed within 10 working days following the date of this decision. If a valid appeal is filed, no further action on the project may proceed until a decision on the appeal is made by the City Commission, and the Community Development Department and Building Division will not be able to approve any building permits or to perform any inspections related to this approval. If you have any questions, or if I can be of further assistance,please feel free to contact me at 406-582- 2260. Sincerely, Doug Riley Associate Planner CC: Peder Billion, 270 Automotive Avenue, Bozeman, MT 59718 Steve Geiger, Birddog Distributing, Inc., 1490 Harper Puckett Road, Bozeman, MT 59718 City of Bozeman Building Division i For office use o l DATE OF FINAL DECISION .�-' / DIRECTOR'S SIGNATURE�� C'�T� � Page 2 CITY OF BOZEMAN FEE APPLIES DEPARTMENT OF CO (� T Alfred M. Stiff Professional B ild < phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 JAN 10 2014 Tanning@bozeman.net Bozeman, Montana 59771-1 www.bozeman.net AADEPARTMENT OF PLANNING DEVELOPMENT REVIEW-A �� P " LOPMENT 1.Name of Project/Development: � 1 _ - 2. Property Owner Information: / Name: PC-GC e`R J i l �� E-mail Address: bf�7 Mi ���� Mailing Address v1-70 VI?�VtTmM01 ( Gh V� � � �e� q,v)P'E o� vha,il.�v� Phone: I v - 3 Z 1 l FAX: 3.Applicant Information: Name: 20 11 p l N �� E-mail Address: Mailing Address: .. l �iX - '7 1 b Q Z.e-M a 00 0 e.(� I�/I/�vtl A i 610 VIA Phone: 5 3 t� (��) FAX: Representative Information: Name: �� ��� 1 9 E-mail Address: _41 � '""""" a Mailing Address: , T y q -7/k Phone: ©b 5 Y, -Z' 3 FAX: Legal Description: 6. Street Address: , 7. Project Description: RE1 R0PlTTW 6 1.10 WAT]' LPL 0J 0W4S /A770 �AIS;rIAJ& AtJD ! 0(LIpJtQ(,, Sil)C tl50TS AS WCl-u- A"S CANV0 L•'NZ12.Ait1Ce U C HTS, 8.Zoning Designation(s): — 9. Current Land Use(s): 1 10. Bozeman Community Plan Designation: 1. Gross Area: Acres: 0 Square Feet: Net Area: Acres: /.O Square Feet: Page 1 Appropriate Review Fee Submitted ❑ CITY T B(PE7'1aA1 *** CUSPM RIFIPT*** Qper' PRU ASH Type' EP Dra Er' 1 Date: 1/17/14 01 Receipt no. %T7 Description Qlanti#tyy Amuk PM DPCD: MIMAAMS Fly 1.00 $25.00 BILLION ALTO GRP Tender detail 0K C iDE 9g341 $M.00 Total tendered $M.00 Total pay rrnt $25.O0 Trans date: 1/10/14 Tine: 13:25:51 TKU YOU! 13. Is the subject site within an urban renewal district? ❑ Yes,answer question 13a No,go to question 14 13a. Which urban renewal district? ❑Downtown ❑ Northeast(NURD) ❑ North 7'h Avenue 14. Is the subject site within an overlay district? 0 , Yes,answer question 14a ❑ No,go to question 15 14a.Which Overlay District? El Casino ❑ Neighborhood Conservation AEntryway Corridor 15.Will this application require a deviation(s)? ❑ Yes,list UDC section(s): No 16.Application Type (please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑Q.Planned Unit Development—Final Plan �<C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Pernvt ❑T.Subdivision Preliminary Plat ❑ F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑ I.Preliminary Site Plan ❑X.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑ K.Conditional Use Permit ❑Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-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. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different)before the submittal will be accepted. 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 representatives 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. Applicant's Signature: 12�tt,0 ,h TA Date: N a Applicant's Signature: J Date: Property Owner's Signature: �� Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03;Amended 9/17/04,5/1/06;9/18/07,revised 11/14/11) ' B. Amendment/ModA ion of a Plan Approved On or After 9-3-9' MW Amendment/Modification of a Plan Approved On or After 9-3-91 Information Yes No N/A 1. All amendments or modifications shall be shown on a revised site plan drawing 1:1 El 2. Stormwater Management Permit Application required 1:1 El Based on the information submitted with this application, and a review of other pertinent information, I hereby find that the amended plan IS IS NOT (circle one) in substantial compliance with the originally approved plan. If the amended plan is not in substantial compliance with the originally approved plan, the proposal shall be subject to all plan review and approval provisions of the Unified Development Code. Substantial compliance may be shown by demonstrating the following: 1. The proposed use is allowed under the same zoning district use classification as the previous use, however replacement of nonconforming uses must comply with the provisions of Chapter 38.32, BMC (Nonconforming Situations); 2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas,parking areas or impervious surfaces and/or do not result in an increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts; a. By more than 20 percent for developments not meeting one or more of the criteria of Section 38.33.010.A.2.e,BMC;OR b. By more than 10 percent for developments meeting or exceeding one or more of the criteria of Section 38.33.010.A.2.e,BMC; 3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. Planning Director Comments/Conditions of Approval: Jaz Page 4 Street I Parking I Floods I High Bays I Wall Packs Easv ReDlacement for 95% of Fixtures ARALUXTM Retrofit Kit 120W — 12,300 Lumens Part No.: ALRF-E 120HO-S 120W to 36.0W = 12,300 to 36,900 Lumens • Watts: 120W to 360W(Multiple units) • Lumens: 12,300 to 36,900 lumens -� • y V r • Beam Angle: 115'Std. � r Optional: 15'1 30'.145°1 6.0°Optics • Color Temperature: 5500°K(Special Order:.3000K,4100K • •`�5' • Input Voltage: 100-277 or 347-480 VAC 50-60Hz• • Replaces:Replaces up to 404W- 1000W HID, • Driver: External Meanwell UL and cUL approved • LED: CREE XB-D • LED L70 Lifetime: 1.00,000 hours @ 55°C . • Operating Temperature:-40°C to 60°C • Warranty:Manufacturer 5 years parts,'(7 years Parts and Labor optional with minimum purchase) • Dimensions: 6.9"L X 5"W X 2.4"H • Certifications: ETL(UL-1598C)&cETL(ANSI/UL 1598/ i CAN/CSA C22.2)Design Lights Consortium Pending ?r r • Mounting:Mounting Bracket and Mogul adapter • Driver Dimensions: 8.25"L X 2.25'W X 1.5"H •. Kit Includes: CREE XB-D LED Head,.100-277VAC LED IP65 Driver,Mounting Bracket and Mogul adapter. • Weight: 2.1 lbs.with mounting assembly —'-" Advanced Fan Technology'-70,000.+hour operating life suitable for 24/7 operation,providing an exceptionally cool running LED unit. Light Dispersion—Multiple lensing options available.for maximum light distribution,if needed. Mounting—Bracket mounting system or custom fabricated plates to fit most any HID fixture. If ordered with a new fixture the entire unit is delivered as a pre-assembled package for fixture installation. 1000W Replacement plate for ADVANTAGES Shoebox Parking Lot Fixture • Superior heat dissipation • Over Temperature Protection • Driver: Short Circuit/Over Current/Over Voltage/Over Temperature Protection With Auto-Recovery Product enhancements may result in specification changes. Contact us for the latest information. Sales 770-317-9191 Email:Info@Lightingailanta.org • • ` i d i Birddog Distributing, Inc. -Unleash the-Beauty-Of Decorative Lighting Specializing in LED Lighting Steve Geiger Commercial Marketing Associate . • s'Bo��Ha1 . 1490 Harper Puckett Rd. Bozeman, MT.59718 Phone: 406- '�" Fax: 406-522-4178 Toll Free: 800-514-8435 www.birddogdistributing.com- - steve@birddogdistributing.com, x`' 175W through 40OW fixtures: Retrofitting these type of fixtures are very easily accomplished. You just remove the bulb and reflector. A driver plate is mounted very easily to a screw port on the backside of the fixture. The light head is then screwed into the mogul base. You are able to adjust the light head to assist giving the proper lighting to the area. r yJ' i I 0 r - 1 . a � �F 1, 3 s M i 6 i /_!' Z H u • N e m 0.6 0.5 0:4 '0.2 0.2 0.2 0.2 0.3 0.6 1.3 3.3 6.6 6.6 3.3 1.3 0.5 U• 1.4 1.1 0.6 0.4 0.2 0.2 0.2 0.3 0.5 1.1 2A 3.9 4.1 2.3 1.0 0.5 F x 7; 3.5 2.3 1,1 0.5 0.3 0.2 0.2 0.2 0.4 0.7 1.1 1.7 1.8 1.1 0.7 0.4 E- m = n �6.8 3.9 1.7 0.7 0.3 0.2 0.2 0.2 0.3 0.4 0.5 0.7 0.7 0.5 0.4 0.3 5.1 6.3 3.5 1 9 .2 0.2 0.3 0.3 0.3 0.3 0.3 0.3 2.6 2.9 2.0 1 0 0. L 0. 2.0 3. 3.0 6.0.1 0.1 0.1 0.1 0.1 0.1 0.2 .0.3 0.5 1.2 2.9 5. E 0.8 0.4 0.2 0.2 0.1 0.1 .0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.3 0.5 0.8 1.6. 2. , 2.8 1.2 O.S. D.3 0.2 0.1 0.1 0.1 .0.2 0.2 0.2 0.2 0.2 0.3 0.3 0.4 0.5 0.8 1. 7.0 3.7 1.5 0.6 0.3 0.2 0.2 0.2 0.2 0.2 0.3 0.4 0.4 0.4 0.4 0.3 0.3 0.4 0.4 0. ReVlslOns 4.4 4.6 2.8 1.3 0.6 0.3 0.2 0.2 0.2 0.2 0.3 0.5 0.7 0.8 0.9 0.7 0.5 0.3 0.3 0.3 0. 1.3 2.0 2.1 1.4 0.8 0.5 0.3 0.2 0.2 0.2 0.3 0.4 0.8 1.6 2.2 2.2 1.4 0.7 0.4 0.3 .2 .7 0.9 0.9 0.7 0.5 0.4 0.3 '0.3 0.2 0.2 0.3 0.6 1.3 2.9 5.1 4.8 1.1 0.5 0.5 0.5 0.9 0.9 0.9 0.3 0.3 0.3 0.9 0.6 3.5 ; 0.4 0.5 0.6 0.7 0.6 0.5 0.4 0.3 0.4 0. 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Page 1 of 1 z Luminaire Schedule A Symbol Label Qty Description Lum.Watts Lum.Lumens A 4 HLRF-D100H0-1x-NL 120.99 11446 L5 B 2 HLRF-D100H0-1x-NL 120.99 11446 E- y" C. 10 HLRF-D100H0-1x-NL 120.99 11446 q E- C lculation Summary Label I CalcType Units Avg I.Max Min Avg/Min Max/Mir oeI CalcPts I Illurninano Fc 12.57 113.2 1 0.1 125.70 1132.00 i .A to J.a r— i.� .6 .e - Mounting Summary Label Mtg I Tilt A 17 10 oB B 23 0 C 23 0 1-4 Revisions 0.: az o.z %C S 1.: A G C Q E T q u A /� .. 1.1 5.0 l.5 1.. _.. W � `CUB C o` t� O U O In s.e .n S.o 1., ... ... ..1.3 . is L. 2.1 4.3 l� L.z.^ . x.e ,.e t.. ..e V . .i ... 1.3 .6 a 0 L Le 1.3 l.e e.6 e.e i., 3.: 1.J .. L6 fi.52,1FOO - o 0 3 - - OBSTRUCTIONS READINGS U NOT INCLUDE SHTREES,E EFFECTS CAUSED BY CO ✓D OBSTRUCTIONS ONSITE SUCH AS BUILDINGS,TREES,ETC. � t, CAREFUL PLACEMENT AND ORIENTATION OF THE LIGHT FIXTURES 0 Y S C ONSITE IS REQUIRED FOR THIS COMPUTER SIMULATION TO BE ACCURATE. — m NORMAL TOLERANCES OF VOLTAGE,TEMPERATURE,LAMP OUTPUT,AND BALLAST m a AND LUMINAIRE MANUFACTURER WILL AFFECT RESULTS. eScale: 1 II�1 IC�— HO Ft. _ CONFORMANCE TO ANY AND ALL FACILITY,LOCAL,STATE,OR NATIONAL CODES AND REQUIREMENTS IS THE RESPONSIBILITY OF THE OWNER AND/OR THE OLNJER'S REPRESENTATNE. page 1 of 1 O r LC co N m - T a o w > a m - - O. a u DO m� Cn a) a) O X ~OD _ » CO O ao D o U)r 3 3 bbA b� o O ca O K Tpc)OoD�c Cr CD (A D CD 3 � �cnnlp 3 fD 5 2 2 2 2 C7C-) D0D � rrrrrCID tJ O M0000 DN TTTTTj, =' 00000� - 7 o0000 • 2 2 2 2 2 � IVfVN � � 00000 ' Cl Cn Cn (P .. C (n(nw CD(nD X X X X X D G)� 0 Z Z Z Z Z mm0Dm3 n 0000 G) ._ mN N N N N C Cn (D CD CD(D O' to tD(D N A A A A A 3 rn rn rn rn rn� c 3 to N m Prepared For.Lumax N Date Cotmnents Billion Used Car Store Y LIGHT EMITTING DESIGN Calculation Gdd:'l5'x l5' 7897 SW Jack James Dr.#G o Drawn By:Laura Scott o Stuart,FL 34997 0ate:8212013 a LED 772-220-5908 Parking Lot Scale:l'=7" ��� LEDESIGN.FL@GMAIL.COM 0 Bruce, So do I go with 24 .4, even though the graphic you submitted is 48.25? I have three numbers for the building frontage, you said 110 for Huffine, and 298 for Cottonwood, but which one is closest to 1 Auto Plaza, as I need to measure the street frontage off of the addressed side. The previous sign permit said 45 ft. for Huffine, and on measurement done by Kristian it was 167. Which one is correct? i The BP has a 250 cap for signage, but there is a zone amendment in the works that will probably be approved to designate the area to B-2 soon so we will not worry about the cap right now. I went over the PUD document for JC Billion with Chris this morning. All the free standing monument directional sign were approved, but there is a statement that all the other signs will abide by the Bozeman Municipal Sign Code. There is no mention of the pole sign in the PUD package. To change signage the lot must come into conformance. I sent a letter to Mr. Billion where I outlined what would be required when this sign package came in. I have attached it to this e-mail. We need at least 50% reduction in nonconformity. But there is an error in the letter. I was told that the pole sign was 32 Sq. Ft. not 96, and was told it was 15 1/2 ft. tall, not 29.75 ft. tall. Let me know how you want to proceed. Vicki Hasler Code Enforcement Officer City of Bozeman -----Original Message----- , From: bruce@signsofmontana.com [mailto:bruce@signsofmontana.com) Sent: Friday, March 16, 2007 3:59 PM To: Vicki Hasler Subject: Billion Dodge Hi Vickie, I went out and remeasured the pole sign at Billion Dodge 1. The pole sign face is 12foot x 8foot. 2. The way I came up with 24 .4 square feet for Dodge Sign is as follows. a. Badge is 8.3 square feet , b. Dodge is 16. 1 square feet Total 24 . 4 square feet Thank you Bruce D. Mc Callum Sign A Rama 2325 Birdie Drive SPEED MESSAGE TO I FROM [SUBJECT v 7 DATE v" 7 C_ i s � fA O d n Q Ei C/ 3 0 �✓C_�:�(iV.yC �-ITS'[ ��� /V / ��I SIGNED of wusoniones® WHITE—ORIGINAL CANARY—DUPLICATE PINK—TRIPLICATE 44-911 .Triplicate i _ � _ __ � . \, \; i � � '' , � a° ` ` '� ` t' . .. .. � 1ti � �V ♦;'_. .. � � .. , _ MEMORANDUM TO: Joanne Riley, City Treasurer FROM: Therese Berger, Planning Secretary DATE: 12/01/95 RE: Cashiers Chk#285705 J.C. Billion PUD#Z-9113 l/P-91 10A Enclosed you will find correspondense and an envelope to release the J.C.Billion Auto Shop cashiers check issued out of First Security Bank for the amount of$4,520. I've included a•copy of the check with the letter to Joe Billion for your convenience. If you have any questions please give me a call at X2360. Thank you for your help. i 1 BOZEMAN CITY-COUNTY PLANNING OFFICE Bozemuarn�ty 35 NORTH BOZEMAN AVENUE City-co P.O.BOX 640,BOZEMAN.MONTANA 59T71-0640 Planning ce PHONE: (406)582.2360 FAX: (406)582-2363 m a a i O k c 0 o. December 1,1995 6 co Mr.Joe Billion g J.C.Billion Auto Plaza 1919 W.Main Street Bozeman,MT 59715 —I s Re: Cashier's Check#285705,J.C.Billion PU•D,File#Z-91131/#P-91 10A E ; Dear Mr.Billion: z° _ Enclosed is the original letter of cashier's check which was issued on November 12,1993, for storm water and street improvements for the J.C.Billion Planned Unit Development andCr r Plat. _ - P Preliminary Thank you for cooperating with the City of Bozeman on this matter. Sincerely, 13 d U O 0{{" Therese Berger _ 5 .* =i cr N Administrative Secretary « = Ir :l Enc. 0 E d "f N O VI O w � N I W Ln;. U '[IpyJI K 11 K t C K O K 'i O W '~ F C ,I O OQ 7 Ir a w�v�ll BOZEMA.- >` CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNING OFFICE PHONE:(406)586-3321 Ext. 227 November 18 , 1992 Mr . Joe Billion 1919' West Main Street , P.O. Box 250 Bozeman , MT. 59715 RE: Billion Plaza Planned Unit Development Dear Joe : The purpose of this letter is to formally inform you that on November 2 , 1992 , the Bozeman City Commission conditionally approved your application for a conditional use permit , Application No . Z-91131 , to develop an auto-related commercial planned unit development with the following attached conditions : 1 . That the applicants submit established building elevations and 100-year storm ponding capacity calculations for the entire planned unit development , being Exhibit "B" , for review and approval by the City Engineer' s Office , and that Exhibit "B" be attached to the land use development guidelines prior to Final. P.U.D. approval ; 2 . That as-built plans and specifications of the private community water and sanitary sewage "system be submitted to the City Engineer' s Office and Superintendent of Water/Sewer to assure future compatibility with the City of Bozeman infrastructure ; 3 . That the applicants submit a stormwater Drainage/Treatment Plan 'Jtn and Maintenance Plan for the planned unit development for review and approval by the City Engineer' s Office prior to Final P.U. D. approval ; 4 . That off-street parking and loading areas not be allowed to be within twenty-five feet ( 25 ft. ) of any property line fronting a dedicated street , and that it be noted as such in the guidelines prior to Final P.U. D. approval ; 5 . That the protective covenants add Section 5 . 15 which recognizes that the property owners association is responsible for maintenance and repair of all right-of-way improvements , including pavement , curb, gutter, sidewalk and exterior lighting prior to Final P.U. D. approval ; 6 . That the protective covenants add Section 5 . 16 which recognizes that the property owners association is responsible for maintenance and repair of the private community water and sanitary sewage facilities prior to Final P.U.D. approval ; 1 0 L 7 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 1 - Auto- related Uses , exclude the wording : "including but not limited to" , and that the land use development guidelines reflect it accordingly prior to Final P.U. D. approval ; 8 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 2 - Business Park Uses , exclude medical clinics , hospitals , banks and financial institutions , trade schools , and any use approved as part of a planned unit development , and that the land use development guidelines reflect it accordingly prior to Final P.U. D. approval ; 9 . - That the permitted uses , listed in Section 1 . 7 . 2 . 1 . 3 - Light Manufacturing and Assembly be approved as proposed; 10 . That the permitted uses listed in Section 1 . 7 . 2 . 1 . 4 - Commercial Uses , exclude the wording : "including but not limited to" , and that the land use development guidelines reflect it accordingly prior to Final P.U. D. approval ; 11 . That Section 2 . 0 - Approvals and Submittals , Section 3 . 0 -Site Planning Guidelines, Section 5 . 0 -. Landscape Guidelines- of the development guidelines be revised as recommended by the staff report and correspondence with Mr. Dan Kamp, dated March 8 , 1991 , and that the revised guidelines be reviewed and approved by the Planning Staff prior to Final P.U. D. approval ;- 12 . That Section 4 . 0 - Architectural Guidelines' of the development guidelines expand on the applicants ' definition of "contemporary" as outlined by the staff -report , include a "palette"_ of materials , "quality" of buildings , specific architectural elements and treatment , dominant elements other than architectural , and control of building bulk and scale , and that it be reviewed by the Planning Staff and Design Review Board prior to Final P.U.D. approval ; 13 . That the Bozeman City Commission be made a party to any revisions or modifications to the land use development guidelines and protective covenants for the planned unit development; - 14 . That the land use development guidelines address the designated open space areas for the entire planned unit development , as required by the prehiminary subdivision plat , and that the open space areas be depicted accordingly on Exhibit "D" r- of the guidelines ; and that wording be added to Section 6 . 2 . 4 , Page 54 , and Sections 7 . 2 . 3 and 7 . 2 . 4 , Page 59 , that prohibits lights with luminaries that are directly exposed to adjacent rights-of-way prior to final P.U. D. approval 15 . That all conditions of approval for the auto dealership conditional use permit be satisfied., including the physical removal of all external speaker systems , prior to final P.U. D. approval ; 16 . That, prior to the Planning Office accepting and processing any 2 • • c� application for a second commercial use in the planned unit development , all conditions of approval for the auto dealership and planned unit development will have been satisfied , and that the final site plan for the auto dealership and final P.U.D. approval for the planned unit development will have been endorsed by the Planning Director; 17 . That the developer shall enter into an improvements agreement for a period of six months from the date . of City Commission approval for the glare shields of the forty-three existing exterior light fixtures for the auto dealership, to include a financial guarantee in an amount equal to one and one half ( 1 1/2 ) times the cost of installation of said glare shields ; 18 . That all forty-three (43 ) of the exterior parking lot display fixtures be retrofitted with a 360-degree glare shield to eliminate the possibility of any " external glare prior to final P.U. D. approval ; and that the 24-foot high light poles for said fixtures be allowed to remain, with all other lighting in the planned unit development to be installed in compliance with the zone code in existence at the time of development ; 19 . That, the applicants submit a landscape plan for review and approval by the Planning Office and Design Review Board , pbuffering the auto-related commercial uses from Cottonwood Road , prior to final P.U.D. approval , and that each individual site submittal respond to the landscape buffer plan during the site plan review - process for each individual lot ; 20 . That the applicants submit a storm drainage detention plan for the entire planned unit development based upon a ten-year storm S' event , for review and approval by the City Engineer' s Office prior to Final P.U.D. approval ; ' 21 . That the applicants submit to the Gtt~)L--E-n-gin-eer' s^-9-f-f-ic.e-, in triplicate , a report on the monitoring of water discharge from the �a private community sanitary sewage system on an annual quarterly basis beginning with January, 1992 ; - - F �a�' �,• 22 . That the applicants submit to the City Engineer' s Office and n Planning Office , in triplicate , a written statement identifying all potential nuisances that may arise from each land use activity and provide a plan for the acceptable handling , disposal or remedy of those nuisances prior to. issuance of a building permit for each v land use activity; 22 . That seven ( 7 ) copies of the J . C. Billion Auto Plaza, Land Use Development Guidelines and Master Site Plan, containing all the conditions , modifications , and corrections approved by the Bozeman City Commission, be submitted for review and approval by the Planning Director within six ( 6 ) months of the date of City 3 Commission approval of the application for a conditional use permit ; and Please note that in condition sixteen (. 16 ) that prior to processing the second commercial use in the planned unit development that all conditions of approval for the auto dealership and P.U. D. must be completed to the approval of the Planning Office . It will also be necessary for you to make final subdivision plat application to the Planning Office before it is possible to process any second commercial use in the P.U.D. As of the writing of this letter the Planning Office has not received an application for final subdivision plat approval . The Planning Office will . being drafting an improvements agreement for condition seventeen ( 17 ) to guarantee installation of the glare shields and. will be submitting the document to you .for your approval and endorsement. This will also require an acceptable fina.ncial guarantee ( Letter of Credit ) for the glare shield improvements . Revisions to the land use development guidelines should also include those conditions that were imposed by the Gallatin County Commission for preliminary subdivision plat review and approval . Those conditions should be .incorporated into the .guidelines before the County Attorney will approve the document . All exhibits that are referred to in the guidelines must also be incorporated into the guidelines before official approval by the Planning Director. If you have any questions regarding the conditions of approval , don ' t hesitate to contact the Planning Office . Sincerely, ' David kelton Senior Planner DS/dps cc : Jerry Gaston, Gaston Engineering & Surveying Dan Kamp, Cikan Architects 4 y MEMORANDUM ------------------------------------------------------------------ TO: DESIGN REVIEW BOARD FROM: DAVE SKELTON, SENIOR PLANNER RE: J.C. BILLION AUTO PLAZA - PLANNED UNIT DEVELOPMENT DATE: NOVEMBER 5 , 1992 ------------------------------------------------------------------ Attached please a landscape buffer plan provided Mr. Dan Kamp, Cikan Architects , in response to Condition Eighteen ( 18 ) of the City Commission' s approval of an application for a conditional use permit for an auto-related commercial planned unit development on twenty ( 20 ) acres of land located at the northwest corner of the intersection of U. S . Highway 191 and Cottonwood Road. Also find the preliminary subdivision plat for the proposed J .C. Billion Auto Plaza Subdivision which was conditionally approved by the Gallatin County Commission in October of 1991 . Condition No . Eighteen of conditional use permit approval reads as follows : 18 . That the applicants submit a landscape plan for review and approval by the Planning Office and Design Review Board, buffering the auto-related commercial uses from Cottonwood Road prior to final P.U.D. approval , and that each individual site submittal respond to the landscape buffer plan during the site plan review process for each individual lot . The intent of the condition was to avoid any potential for obtrusive visual impacts along North Cottonwood Road since the auto-related commercial buildings will all be generally orientated towards Auto Plaza Drive . A landscape plan for North Cottonwood Road would be incorporated into the developmental guidelines where by as each individual lot develops , the landscape buffering would become part of the required on-site improvements . No specific criteria and/or landscape theme was recommended by the Bozeman City-County Planning Board or Bozeman City Commission. However, at a minimum it would be appropriate to maintain the boulevard trees similar to what is proposed along Auto Plaza Drive with the addition of low profile landscaping and berms . The proposal by Mr. Kamp is to amend the land use development guidelines to incorporate a landscape plan along the west side of Cottonwood Road similar to what was installed along U. S. Highway No . 191 for the auto dealership. For purposes of clarification the proposed addendum should note that landscape buffering is proposed along the "eastern" most property line of the project, instead of the western most property line . The proposed landscape buffering plan should be supported by some method of quantity to give the developer of each individual commercial lot an understanding of the level of buffering that will be required in addition to interior lot landscape requirements . It may also be appropriate to provide a menu of landscape species that may be selected from to implement the necessary buffering . This may be already outlined in Section 5 . 2 . 7 . 3 which addresses landscape within the interior property lines and property lines common with properties not in Billion P.U.D. Attached is Section 5 . 2 . 7 of the Developmental Guidelines for J .C. Billion Auto Plaza Subdivision that may provide additional insight in consideration of the required buffering along Cottonwood Road. If you have any questions before the D.R.B. meeting of November, 10 , 1992 , don' t hesitate to contact the Planning Office DS/dps Attachments : Proposed landscape buffering plan Section 5 . 2 . 7 of the Land Use Development Guidelines Preliminary Plat J.C. Billion Auto Plaza Subdivision I j I • 1 Proposed addendum to Billion Plaza Development Guidelines 5 . 2 . 7 GUIDELINES FOR INTERIOR PROPERTY LINES, NORTH, PROPERTY LINES OF NORTHERN MOST LOTS, LOTS BORDERING COTTONWOOD ROAD AND LANDSCAPE AREAS . Add: 5 . 2 . 7 .2. 3 On the western most property line of the project, all lots bordering Cottonwood Rd. shall be required to provide berming and plantings in addition to the required boulevard planting along Cottonwood Rd. Landscaped area shall be a minimum of 50 ' in depth and required to provide earth berms a minimum height of 4 ' extending a minimum of 80% of the length of the property along Cottonwood Rd. Berms shall maintain a natural, freeform nature as shown in the diagram below and not exceed 140 feet in continuous length. Plantings shall occur in concert faith the form of the berm as shown, and be consistent with the landscape theme of the property. moo`\wIiwiu///g//ice� •r';;�t � r; PLANTEQ A� WITH EGGING W i�D uni �y��1�( ,• rn ' AND GRAVEL Q e ink y y� y 4• BERM PAVING e\ .tiuuoir,g "figs/-- a •ga � � nji�-h l�- � e �� a Q ° "' '^U N n O "� V1 w `° r � � N � �U � n N � d' � P O •p _ 1 � � t r • � � E OQ Q � � t `^1 H a x �I N � � 0 10 0.� •• person place lifestyle suskainabiliky a Gaston Engr►leering & Surveying ENVIRONMENTAL ASSESSMENT S . COMMUNITY IMPACT STATEMENT 1 J.C. BILLION AUTO PLAZA SUBDIVISION ' A PLANNED UNIT DEVELOPMENT 1 . ' GALLATIN COUNTY, MONTANA AUGUST, 1991 ' #90-518-2 i ' Consulting Engineers & Land Surveyors P.O. Box 861, 2010 N. 7th Ave., Bozeman, MT 59715 (406)586-0588 Silver Bow Center, 125 W. Granite, Butte, MT 59701 (406)723-5403 e { I I ' ENVIRONMENTAL ASSESSMENT PROPOSED J.C. BILLION AUTO PLAZA SUBDIVISION GALLATIN COUNTY, MONTANA Introduction ' The proposed J.C. Billion Auto Plaza Subdivision is located in the E 1/2 of the SE1/4 of the SE1/4 of Section 9, T2S, RSE, P.M.M. , Gallatin County, Montana; more commonly located at the intersection of U.S. Highway 191 and Cottonwood Road. The town of Bozeman is located approximately 1 mile east/northeast of this subdivision. Surface Water ' Baxter Creek crosses through the southwest corner of the property. Baxter Creek is a perennial stream which flows northerly from a spring originating just south of the subject ' property. This stream is used primarily for irrigation, stock water, and fishing. Several trout ponds are located in the stream directly upstream from the subdivision. Supplementing the ' required 35-foot stream setback is an additional 15-foot setback required by the subdivision guidelines unless a written exception is granted by the Declarant. According to the 1988 Flood Insurance Rate Map for this area, the subject property is designated as Zone X which is entirely out of any flood plain. . Groundwater ' As indicated in Geology and Groundwater Resources of the Gallatin Valley, the alluvial aquifer is recharged by underflow from adjacent areas and by infiltration of irrigation water and ' precipitation. Nine monitoring wells were installed on the subject property to measure groundwater, which ranged from l to 9 feet over a year' s time. Due to the high groundwater in the area, an underground drain tile system was •installed by Gaston Engineering as shown on the plat. This drain tile system has successfully lowered the groundwater in the area drained to greater than 10 feet throughout the year. Measurements taken at monitoring wells outside the drained area show near-normal readings, indicating . that the drain tile system has had little or no impact on the surrounding aquifer. To avoid degradation of the groundwater in this area, a .private ' central, sewer collection system is proposed to service all lots in the subdivision. The proposed sewer system has been designed and engineered to accommodate full capacity from the planned I i ' development* This system is shown on the plat and has been approved by the Montana Department of Health and Environmental ' Sciences. High groundwater outside of the drained area shown on the plat may require basement construction limitations. Groundwater Supply This subdivision is proposed to have an on-site central water system consisting of two wells, pressure tanks, distribution piping, fire hydrants, and valves. This system will be built and maintained to City standards with the intent to eventually tie into the City water supply system. Capacity at the domestic well is 140 gallons per minute with a second well for backup ' domestic supply and for fire protection that will supply 500 gallons per minute. 1 There will be negligible effects on adjacent water wells from pumping of either the domestic well ( 140 .gpm) or the fire protection/domestic backup well ( 500 gpm) . This was determined when adjacent wells were measured prior to installation of the groundwater drain tile system currently in use. This underground drain sys-tem discharges over 300 gallons per minute, 24 hours a day, 365 days per year and has not contributed to drawdown in adjacent wells since it began operation in August of 1990. It is also noteworthy that 95% of all domestic water used in the subdivision will be reinjected into the groundwater via the ' sanitary sewage disposal system. Geology - Soils - Slopes ' There are no known geologic hazards associated with the property, which can be generally described as an alluvial plain. Gallatin. 1 County SCg estimates 0-4% slopes in this map unit; contour intervals are shown on the plat. The only known geologic factor likely to affect normal construction practices is the high groundwater found in some areas of the property, which will limit basement construction. The soils found on this site have been visually classified ' according to the Unified Soils Classification System and are reported on drill hole logs enclosed in this report ( see "Figure 1, Soils Logo) - These soils range from a dark brown sandy silt topsoil, 12 inches thick, overlaying a tan silty sand, 6-18 inches thick; all of which overlays a clean coarse gravel. The soils in this area are adequate and- abundant for landscaping purposes. i Roads or streets shown on the plat have been designed with minimum grade changes and minimum disturbances to the natural terrain. The only significant fill required for street construction is at the intersection of Cottonwood and Highway 191. i , Vegetation The vegetation located on this project site has a growing season ' of 90-110 days and an annual precipitation of 15-19 inches. The major uses are irrigated and non-irrigated crop land and range land. Existing vegetation is limited to grasses, weeds, and some ' residual crop species. Wildlife There are no known big game winter range or key wildlife areas on this site, although Baxter Creek does support a number of fish and waterfowl. Deer may graze the field at times. There should be minimal disturbance of the Baxter Creek fishery 1 due to the realignment of Baxter Creek into its original stream channel. The reconstruction of Baxter Creek was carefully designed to enhance fish populations in the area. In addition, wildlife habitat will be minimally impacted due to the 50-foot (total ) setback from the creek and the abundance of open land surrounding the subject property. Historical Features There are no known historical or paleontological sites associated with the subject property. ' Visual Impact All utilities, such as water, sewer, natural gas, electricity, and telephone lines, will be located underground to minimize visual impact. The parking areas of the automobile dealership have been broken up to reduce the impression of a "sea of asphalt" , and berms along Highway 191 have been installed to reduce the visual impact of the development. The fact that the elevation of the .subject property is lower than Highway 191 further helps to reduce the impact of structures on viewsheds from the highway. Baxter Creek has been carefully reconstructed to enhance its appearance and its habitat capacity. An open space area adjacent to the stream ensures continued visual access to the stream corridor.All development occurring within the proposed ' subdivision will be subject to P.U.D. review and approval and will have to meet Entryway .Overlay standards per the City of Bozeman Zoning Ordinance. i 1 i COMMUNITY IMPACT STATEMENT PROPOSED J.C. BILLION AUTO PLAZA SUBDIVISION GALLATIN COUNTY, MONTANA Water This subdivision is proposed to have an on—site central water system consisting of two wells, 1 built and maintained to City standards with the intent to eventually tie into the City water supply system. Domestic water will be supplied from the primary well, with a pumping capacity of 140 gallons per minute. Water for fire protection will be supplied by a second well, with a pumping capacity of 500 gallons per minute. Fire hydrants within the subdivision will be spaced according to City standards. Power for the fire protection well's pump and controls is backed up by an emergency generator. rThe proposed central water system will meet the standards of the Montana Department of Health and Environmental Sciences for a public water system. Total average daily water demand for this subdivision, when fully developed, will range from 27,750 gpm without irrigation to 69,750 gpm with irrigation. A peaking factor of 4 can be realized within the subdivision to help identify instantaneous demands for water throughout this development. Peak demands will be 58 gpm without irrigation and 581 gpm with irrigation. 1 There will be negligible effects on adjacent water wells from pumping of either the domestic well (140 gpm) or the fire protection well (500 gpm). This was determined when adjacent wells were measured prior to installation of the groundwater drain tile system currently in use.. This underground drain system discharges more than 300 gallons per minute, 24 hours a day, 365 days per year and has not contributed to drawdown in adjacent wells since it began operation in August of 1990. It is also noteworthy that 95% of all domestic water used in the subdivision will be reinjected into the groundwater via the sanitary sewage disposal system. Sewage Disposal A central private sewer collection system is proposed to service all lots in the subdivision. The system consists of PVC collection piping, standard manholes, a septic tank, a sewage lift ' station with duplex pumps, a force main, and a subsurface Aiainfield. The proposed system has been engineered and designed to accommodate full capacity from the planned development and is shown on the plat. Solid Waste Disposal Solid waste disposal will be by means of a private solid waste hauler, with disposal in the local landfill. All lots will utilize dumpsters or large containers, positioned inside trash enclosures. Waste Management Partners of Bozeman, Ltd. has indicated that they can and will serve this area. This means of solid waste disposal will meet the requirements of the State Department of Health & Environmental Sciences. Roads It is proposed to dedicate 2866 lineal feet of 60—foot—wide right—of—way, approximately 4 acres, to the public during creation of this subdivision. Utility easements will be included within this right—of—way where feasible, as shown on the plat. As proposed, lots will not have direct access onto Highway 191 or Cottonwood Road, but will instead access Auto Plaza Drive. Access to Highway 191 will be via Auto Plaza Drive then Cottonwood Road. Interior subdivision roads will be paved and curbed to City standards when initially constructed, minimizing dust generation. Cottonwood is proposed to remain gravel beyond its southern intersection with Auto Plaza Drive due to low traffic and so that an appropriate design can be accommodated as adjoining land is developed and demand for Cottonwood Road north of Highway 191 increases. Road design in this subdivision will minimize the potential for erosion from storm runoff. Storm runoff from roadways will where it will be cleansed naturally, accumulating in ditches along the roadways and in a natural swale to the north. The storm drainage systems for individual lots will be designed to meet the requirements of Gallatin County and the Montana State Department of Health and Environmental Sciences. Plans for the drainage system at the existing auto dealership have been reviewed and approved by the appropriate City, County, and State authorities. I t e built b the developer, through private contract. Subdivision roads are proposed o b y p gh Existing topography in the proposed subdivision will allow all roads to be built without the use of excessive grades. All roads will be constructed to City standards within.a County standard (60—foot) right of way. Construction of all roads is planned for 1991, pending final plat approval during the 1991 construction season. Maintenance of all subdivision roads will be the responsibility of the Billion Plaza Owners Association. Based upon the proposed land use for this development, the expected traffic loading is summarized as follows: TOTAL TYPE LOADINGS UNITS TE/DAY Retail Center 315 TE/Net•Acre X 1.624 acres' = 511 TE wholesale outlet 24 TE/1000 ftZ X 40,000 ftZ = 960 TE Commercial Office 15 TE/1000 ftZ X 20,000 ftZ 300 TE Coffee Shop 29 TE/employee X 6 employees 174 TE Service Station 57 TE/employee X 4 employees = 228 TE Warehouse 81 TE/Net Acre X 0.525 acres° 42.5 TE Car Wash 33 TE/employee X 6 employees 198 TE New Car. Sales 24 TE/employee X 40 employees = 960 TE TOTAL TE/DAY 3373.5 TE/Day = Trip Ends Per Day , (a) Est. Lot 1,2, & 3. Block 2 to be'used for retail center (b) Est. Lot 1, Block 3 to be used for warehouse Note: All lot areas are net areas. Peak hour distribution is as follows: DM PM IN OUT IN OUT Retail Center (1.624 ac) 5.44 1.49 15.54 17.75 Wholesale Outlet (40k) (20.40)' (177.20) Commercial Office (20k) 35.20 4.40. 6.20 32.40 Coffee Shop (6 emp) 3.12 2.64 10.08 9.24 Service Station (4 emp) (43.04)- (57.44)- Warehouse (0.525 ac) (5.02). 3.71 6.14 Car Wash (6 emp) 6.48 5.40 0.20 4.14 New Car Sales (40 emp) 43.20 36.00 13.60 27.60 127.64 84..13 166.62 214.09 * Total vehicle trip rates peak hour (split 50% in & out) ** Not found in ITE, quantities are estimated Cottonwood Road north of Highway 191 is presently a paved two—lane road servicing only 1 this subdivision via Auto Plaza Drive. Future plans call for an arterial street complete with center median. U.S. Highway 191 is a two—lane paved road on level terrain with approximately 40% "no passing" zones and is currently functioning at a level—of—service C. The capacity of Highway 191 is 10,000 vehicles per day (VPD) according to the Montana Department of Highways (MDOH). Traffic counts on this highway were taken by the MDOH at the Cottonwood Road intersection and also at the College Street intersection. Peak hourly traffic counts for these two locations are as follows: � * Cottonwood & US 191 6pm 823 vph (peak hourly) i *'College & US 191 6pm 1040 vph (peak hourly) ' *Information - Lee Alt & Phil Colbert, MDOH 8/27/90 ' According to these recent traffic counts, the current volume on Highway 191 is 1,040 vph, occurring at 6pm. Future plans for the highway call for road improvements and widening which will increase the overall capacity of this road. . I At full development, this subdivision will have an increased effect on present traffic patterns. Much of the subdivision traffic, however, will occur during times of the day other than current peak hour traffic and will help balance the notably high peak hour traffic flows currently existing. In response to recent conversations with Don Dusek of the traffic department of the MDOH, it was suggested that the "Uniform Traffic Control Devices Manual" be used to evaluate the intersection against "warrants" in Section 4C that measure signalization potential. All of the warrants were considered by Gaston Engineering. Only Warrant 2 and Warrant 6 were found to be applicable and of potential interest. ' Warrant 2 deals with the "Interruption of Continuous Traffic". According to this warrant, the Highway 191/Cottonwood Road intersection could be considered for signalization at present. MDOH vehicle counts indicate a 70% increase over minimum warrant requirements for traffic volumes on Highway 191. Present volumes on Cottonwood Road south of Highway 191 are borderline, and traffic north of Highway 191 is minimal at this time. The proposed J.C. Billion Auto Plaza Subdivision will.not affect this warrant since the criteria for the minor—street approach considers one direction only. The proposed development is not expected to meet or exceed the existing flow of traffic south of Highway 191 on Cottonwood now or any time prior to the widening of Highway 191. Warrant 6 deals with Accident Experience . Item 2 of this warrant sets the following criteria for signalization: Five or more accidents, of types susceptible to correction by traffic signal control, occurring within a 12—month period,*each accident involving personal injury or property damage apparently exceeding the applicable requirements for a reportable accident. Gerald L. Anders, Project Analysis Engineer for the MDOH has provided accident information on this intersection over a 4 year, 3 month period (1/85 to 3/89). During this period, nine accidents occurred, all of which were non—incapacitating or less serious in nature. Four of those nine occurred during typical car dealership hours (8 am to 6 pm). In those four accidents, no injuries were observed. Clearly Warrant 6 is not met. As noted in Section 4C-2 of the "Uniform Traffic Control Devices Manual", "The satisfaction of a warrant or warrants is not in itself justification for a signal." Warrant 2, though it is met, does not justify signalization for the intersection. Signalization may in fact decrease safety and the functional operation of the intersection. Appropriate signage would be an effective means of adequately controlling the intersection. — A deceleration lane was recommended for this project by Terry Copenhaver, Geometric Design Crew Chief for the traffic unit of the MDOH in Helena. A deceleration lane is proposed, based on. the requirements for a 60 mph rural highway according to "Approach Standards for Montana Highways" (1983). The geometry and dimensioning of the proposed deceleration lane are in accordance with this publication. Mr. Copenhaver.indicated that the MDOH strongly discourages application for acceleration lanes. Mr. Copenhaver pointed out that the benefits of implementing an acceleration lane are minimal considering the long lengths required for acceleration. No acceleration lane is 1 proposed based on Mr. Copenhaven's recommendation and based on the fact that Highway 191 is proposed to be widened sooner than full development buildout is anticipated. The proposed public roads within the subdivision will provide one access to Highway 191, which is maintained to provide year—round access. Subdivision roads will be maintained by the Billion Auto Plaza Owners Association to provide year—round access. Utilities The preliminary plat has been submitted to the utility companies for review. Montana Power Company will furnish the electrical and gas utilities; telephone service will be furnished by U.S. West. Utilities will be installed underground, and will be contained either within the road right of way easements or within separately dedicated easements as shown on the plat. All utilities will be installed underground. Emergency Services Fire service will be provided by the Rae Rural Fire District located.on Gooch Hill Road near its intersection with Highway 191. Police protection will be provided by the Gallatin. County Sheriffs Department with headquarters in Bozeman. Ambulance service will be provided by . Halls Emergency Service located on Griffin Drive in Bozeman. Response times will vary but are estimated not to exceed 15 minutes for any emergency response. ESTIMATED TYPE PROVIDED BY RESPONSE TIME , Fire Rae Rural Fire District 3 - 15 minutes Police Gallatin County Sheriff's Dept. 3 - 15 minutes Ambulance Halls Emergency Service 10 - 15 minutes Medical Bozeman Deaconess Hospital ' Schools s The J.C. Billion Auto Plaza Subdivision will not require any school services due to its strictly commercial nature. Land. Use The proposed Development Manual for J.C. Billion Auto Plaza will 1 govern land use for the subject property. At present, the only local regulations affecting this property are the City of Bozeman Master Plan, City of Bozeman Zoning Ordinance and the Gallatin County Subdivision regulations. No comprehensive plan has been developed for this area to date. This proposed subdivision is not contiguous to any existing corporate limits, and it is not proposed to be annexed to any existing municipality. However, a waiver of right to protest ' annexation to the City of Bozeman will be signed by the applicant. The proposed subdivision is not adjacent to or near any public lands. Adjacent land uses include agricultural and residential uses: This subdivision should have minimal impact on adjacent uses as a result of its design and its guidelines for development. This site has no known health hazards or nuisances associated with it. ' Housing No housing is proposed for this commercial subdivision. Parks and Recreation Facilities I Approximately 5.083 acres of this development have been permanently set aside as open space to preserve wildlife habitat along the stream corridor and to preserve a sense of openness as the property is developed. An easement to accommodate . a public pedestrian trail/bicycle pathway has been granted along U.S. Highway 191 . In addition, an easement along Baxter Creek has been provided for a trail at such time as a trail plan for the area is adopted. The applicant has signed a waiver of right to protest improvements to both trails and has agreed to construct the bicycle path at such time as adjacent property owners construct their portions of a trail according to an adopted plan. � . Taxation For tax purposes, the J.C. Billion Auto Plaza Subdivision property is currently classified as Suburban Tract .Land and generates approximately $435 per year. As Commercial Land, the property will generate approximately $655 per year for unimproved ' lots. This figure does not include commercial structures,, which are anticipated to be of high quality and considerable expense. The addition of structures to these lots will substantially increase the tax potential of the subdivision. Fences The only existing fences bordering the property for the protection of agricultural lands are owned by entities other than the developer. Any fences, existing or to be constructed, that are for the benefit of the owners association will be maintained by that association. Any fence constructed by an -individual lot owner will be paid for and maintained by that lot owner. i i 1 llu cyu1� TEST HOLE LOG ?QOJEcr J. C . '&iY-tio n �oa J 9 0-51 9 poi _ Mw' . 1 STArE MT counrY Ga.PZa.t-i:n LOCATton: r 2S a 5 E sEc 9 TRACT sirE o;sc.:t?rtae wheat Field ,LEVAr(OK G.s. 4830 oars 3- 22— 90 tECOROEO 3Y B' i TaZeA oati_L AEi:.100 Baeahoe ORcLc_i Bob Bnaun rOrac �E?rH 96 " AScsG rras ano oEscac?r:o,r 2" PVC JE?N "IP'_: ;r:iiiIq ?iuI6 Iinq !.ate :onolzc�on 0" i 1211 y i DaAk. bKo.wn .topzoiz y i ,sandy sift I 112 19 I Tan `.silty .sand i - I i 1 8 " ! 9611 i 7 waters @ 6 : 2 ' - � — 4 : 30 pm 3- 22- 90 _i Clean eoaase gxave2 max zize : small bo:uZdvc i � I 1 9.6"— � I '1 Gaston Engineering & Saying I� TEST HOLE LO G ?aor�cr 7'. C . �'.ftZ.ion oa 90- 51 $ Yoga , il�Rl' # 3' 1 r srAr IV counrT Ga2..2a,t,f;n �oc:.rion: ; 2S a S E si•:c 9 ';z:.cr SiT. OESC.ii?NOn W'hea.t F.i:eZd ;I:varion G.s. 4830 oArz 3- 22- 90 B. I x ' en 7I zEc•J2oEa 3Y Jllil.l •YETN00 8ach.hoe oacU__A Bob 8xaun ' NTAI :E?rH 84 " C�$iYG .•,?; .:80 ']E3C7rpriO;1 2" PVC .JE?i I $ Y?_. r: iiinq ula ' , '+ell G�nolzc:on I i I i I i I i i 0 Ir .1211 Dann b..town -top.60it — I I 12 " : 3011 1 Tan 6i2-Ly sand I .tAan s.W-'t Go n .to crceam 5,C'Z ty sand � - j with CaCO 1 3 ' i 3011T 84 " Wateh @ 2 . 9 ' _ 4 : 30 pm 3- 22790 I Clean eo an.6 e 9nav eZ imax 4 i.ze : 6maZZ bouZden i t _ 84 I I I Craston Engineering & Sir`-eying - -_ TEST HOLE LOG PRO JECr J. C. B'itt.i on �08 0 9 0- S 1 9 ?o!- P MW' # 2 SrArZ MT couxrY Gatta.t.i:n !ocxr(o,r: r 2S R SE Szc 9 TRAcr$r?r S(TE OESCR(?r(OK w,hea.t F.i-etd a!_vANOM G.S. 4830 gAr: 3- 22 - 90 8 . I -c e rc L _ .iEC'7ROE9 3Y JR(!! •yEr:?00 C�aC�ChU2. OR(!!_.'. Bob B,ta(Ln ;OU! ]E?rH & rAS(MG r'(?� Ajo 0£IC1(?r(0e 2" PVC 0c?r:; c'__ ,tiP'_: )r:i i inq I u I a ,-1 !iinq Via,_ ' '.ell ianoie•:'.on I I � f i 0:." - j 2 "I 1 'D a,t k b,town . .top.6 o it I 12" , 1811 Tan s itty band _ I I l8" 9611 I ! Wa.ten. @ 3 . 4 " T 4 : 30 pm 3- 22- 90 j Uean coat,6e navel. 9 � T max slize : smaZt boudt�it I f I I I T 96 I i • • 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 i 1 fp! 138?A[[1280 e DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR BILLION PLAZA This Declaration, made this 1st day of July , 1991, by J. & S. Billion (hereinafter referred to as 'owner"), of Bozeman, Montana, is made with f reference to the following facts: RECITALS: A. Joseph C. &Susan P. Billion,owners of that certain real property in the County of Gallatin,State of Montana, described on Exhibit "A" attached, and appearing as follows: Description E1/2SE1/4SE1/4 of Section 9,Township 2 South,Range 5 East, M.P.M., Gallatin County, Montana. B. The Property is being developed as a Commercial Plaza known as Billion Plaza. Declarants desire to subject the real property in this center to certain covenants, conditions and restrictions for the benefit of the property, Declarants,and the purchasers of lots in this development. It is intended that said covenants, conditions and restrictions bind and benefit not only said purchasers and Declarants, but also their respective successors, heirs and assigns and that all lots in this development be held, used, leased sold and conveyed subject to the covenants,conditions and restrictions set forth in this Declaration. C. The requirements set forth in these covenants shall, at all times, meet or exceed the minimum requirements and standards of the Bozeman area Subdivision Regulations, Gallatin County version, and Zoning Code of the City of Bozeman,Montana. ' B-1 now i I r E\►,�'�,,,� .A I F:ll'!i �138�,1�E1281 I Lot a 1.771 ACRO / I •u.7e, J LOt 7 ' % 0.420 ACRE j 1 J 1 LOT t �• � I R 1 O.974 ACII[r j �O1 I j 1 -rans•st AK♦ Lore ' I� I ; ' °� ^gam I o.its a our AQI[ � 1 •r I z 1 �ra BLOCK 2' / 1 �•• / \�. '\ LOT 1 ' 1n'� ' >•^> F+�1 / 0.664 AC II C I o t 0 l BLOCK I I I i =a V o$ tz � �• I \ •\ I O � �NN�Y V AM5 ' \-\•�-I 1 MYYMY I 1 I 1 cs LOT I ' j 1 4.639 ACAto I 1 1 � I •\ , j 1 1 cc r AREA •.u7 AOK• -�la i 1 I 1 I O I ' O t ' I 'I �IK•M IP KK• a C) /VI Mlr�i AA VN , .�..rl•[ -N - U.9. M19iMAY '191' sC cm sa IN r ouno•.uw a7 8 ro a i t 4 FIL'A 1381-M1282 # ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the terms defined in this Article I shall, as used in this Declaration,have the meanings herein set forth: t 1.1 "Association" shall mean the Billion Plaza Owners Association, a Montana nonprofit corporation, and its successors and assigns. "Board of Directors" or 'Board" shall mean the duly elected and qualified members of the Board of Directors of the Association. 1.2 Architect/En ig neer. "Architect/Engineer" shall mean a person- holding a certificate of registration to practice architecture or engineering in the State of Montana. 1.3 Beneficiary. 'Beneficiary" shall mean a Mortgagee under a Mortgage as well as a Beneficiary under a Trust Indenture or Deed of Trust. 1.4 Common Areas. "Common Areas" shall mean every portion of the Property which is to be maintained by the Association as herein provided including: (i) the surface drainage system and the land included within the easements therefor, (ii) the open space area and all landscaped areas directly relating to the open space area,(iii) all improvements and landscaping on the foregoing properties and all fixtures and appurtenances used therewith or attached thereto,and (iv) all tangible and intangible personal property at any time owned or controlled by the Association for the common use and benefit of the Owners. The designation of the foregoing properties is for the purposes of definition only and shall not be construed to create any obligation upon the Declarant or the Association, their successors and assigns, to improve or maintain the said Common Areas. 1.5 Declarant. "Declarant" shall mean J. &S. Billion, and to the extent provided in Article X of this Declaration, their successors and assigns. Declarant shall also include a corporation which may be organized under the laws of Montana by Declarant at its option for the purpose of exercising duties and powers reserved to Declarant (including but not limited to design review pursuant to Article III of the Declaration) and performing such functions as may be delegated or contracted to it by the Association. B•2 ifllp 138?��12133 t. 1.6 _Declaration. "Declaration" shall mean this Declaration of Covenants,Conditions and Restrictions for Billion Plaza, as it may from time to time be amended or supplemented. 1.7 Guidelines. "Guidelines"shall mean design guidelines which may from time to time be adopted and published by Declarant to set forth procedures for review of plans and standards and criteria which Declarant expects to follow in reviewing proposed developments within the Property. Any modifications adopted by Declarant shall be approved by the City of Bozeman with its current Approval Process. 1.8 Creeks or Waterways. "Creeks or waterways" shall mean the waterway constituting a part of the storm drainage retention system for the Property, including the permanent ponds, surface creek, and underground conduits connecting ponds, which will be more specifically described on the easement exhibit to be recorded pursuant to Section 6.1 hereof. 1.9 Improvement - Improvements. "Improvement" or "Improvements" shall include buildings, outbuildings, roads, driveways, parking areas, fences, screening walls and carriers, retaining walls, stairs, decks, water lines, sewers, electrical and gas distribution facilities, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, loading areas and all other structures,installations and landscaping of every type and kind, whether above or below the land surface. 1.10 Lot. "Lot" shall mean a fractional part of the Property as sub- divided on subdivision maps recorded from time to time in the Office of the Clerk and Recorder of Gallatin County,Montana. 1.11 Morteaee. "Mortgage"shall mean a Trust Indenture or Deed of Trust,as well as a Mortgage. 1.12 Mortgagee. "Mortgagee" shall mean a Beneficiary under, or holder of,a Trust Indenture or Deed of Trust,as well as a Mortgagee under a Mortgage. 1.13 Occupant. "Occupant" shall mean a lessee or licensee of an Owner, or any other person or entity other than an Owner in lawful possession of a Lot with the permission of the Owner. 1.14 Open Space. Open Space shall mean those areas containing Baxter Creek and the Park area on the Southwest area of the property and B-3 r' 4� those areas on the South boundary that serve as a buffer to Highway 191 and a buffer to Cottonwood Road in the Southeast corner of the property as more I delineated on the official plat. Open Space also includes those areas adjacent to sewer and water facilities such as pump houses, lift stations and septic systems. 1.15 Owner. "Owner" shall mean any person or entity which is the record Owner of fee simple title to any entity or person who holds such interest as security for the payment of an obligation, other than a contract seller,Mortgagee,or other security holder,in actual possession of a lot. 1.16 Property. "Property" shall mean and refer to the property described on Exhibit "A", together with such additions as may hereafter be annexed thereto by Declarants in accordance with the terms hereof. 1.17 Record - Recorded - Recordation. "Record", "recorded", or "recordation", shall mean, with respect to any document, the recordation of said document in the Office of the Clerk and Recorder of Gallatin County, Montana. 1.18 Recreational Vehicle. "Recreational Vehicle" shall mean any vehicle used for recreation such as motor homes, trailer, motorcycles, snowmobiles,boats,etc. 1.19 Eign. "Sign" shall mean any structure, device or contrivance, electric or nonelectric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted, or otherwise fastened or affixed. 1.20 Street or Streets. "Street" or "streets" shall mean any street, highway, road,or thoroughfare within or adjacent to the Property and shown ;. on any recorded subdivision plat, or record or survey, whether designated thereon as street,avenue or road. 1.21 Trust Indenture. "Trust Indenture" shall mean a Mortgage or Deed of Trust,as well as a Trust Indenture. 1.22 Visible From Neighboring Property. "Visible from neighboring property" shall mean, with respect to any given object on a Lot, that such object is or would be visible to a person six(6)feet tall,standing on any part of B-4 r +1Pit ArO U-5?aGf 1285 any adjacent Lot or other property at an elevation no greater than the elevation of the object being viewed. ARTICLE II SUBJECT PROPERTY 2.1 General Declaration. Declarant hereby declares that all of the Property more particularly described on Exhibit "A", shall be, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in while or in part,subject to this Declaration. All of i the covenants, conditions and restrictions set forth herein are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of the Property and are established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and every part thereof. All of the covenants, conditions and restrictions shall run with all of the Property for all purposes and shall be binding upon and inure to the benefit of Declarant and all Owners, Occupants,and their successors in interest as set forth in this Declaration. 2.2 Addition of Other Realty. Declarant may at any time during the pendency of this Declaration add all or a portion of any real property now or hereinafter owned by Declarant to the Property, and upon recording of a notice of addition of real property containing at least the provisions set forth in Section 2.3, the provisions of this Declaration specified in said notice shall apply to such added real property in the same manner as if it were originally covered by this Declaration. Thereafter, to the extent that this Declaration is made applicable thereto, the rights, powers and responsibilities of Declarant and the Owners and Occupants of lots within such added real property shall be the same as in the case of the real property described on Exhibit"A". ` 2.3 Notice of Addition to Land. The notice of addition of real property referred to in Section 2.2 shall contain at least the following provisions: (a) A reference to this Declaration stating the date of recording and the book or books of the records of Gallatin County, Montana, and the page numbers where this Declaration is recorded; (b) A statement that the provisions of this Declaration,or some specified part thereof,shall apply to such added real property; (c) A legal description of such added real property;and B-5 l t ;r rll!! 138';G{12861 (d) Such other or different covenants, conditions and restrictions as Declarant shall,in its discretion,specify to regulate and control the use,occupancy and improvements of such added real property. 2.4 Subdivision of Lots. No lots within Billion Plaza shall be subdivided without the consent of the Declarant. Any Declarant-approved subdivision of lots must further comply with requirements and procedures set forth in the Bozeman area Subdivision Regulations, Gallatin County version process. ARTICLE III CONSTRUCTION OF IMPROVEMENTS s 3.1 Apvroval of Plans Required. No Improvements shall be erected, placed,altered,maintained or permitted to remain on any Lot by an Owner or Occupant until final plans and specifications shall have been submitted to and approved in writing by Declarant and the City of Bozeman. (See Section 1 C, 1.4) Such final plans and specifications shall be submitted in duplicate(or as otherwise required by the Guidelines) with the authorized signature of the Owner or Occupant or both of the Lot or the authorized agent thereof. Such plans and specifications shall be in such form and shall contain such information as may be required by the Declarant, but shall in any event include the following: (a) A site development plan of the Lot showing the nature, grading scheme, kind,shape, composition,and location of all structures with respect to the particular Lot (including proposed front, rear and side setback lines), and with respect to structures on adjoining Lots, and the number and location of all parking spaces and driveways on the Lot: (b) A landscaping plan for the particular Lot; (c) A plan for the location of signs and lighting;and (d) A building elevation plan showing dimensions, materials and exterior color scheme in no less detail than required by the appropriate governmental authority for the issuance of a building permit,and bearing the stamp of an Architect. Material changes in approved plans must be similarly submitted to and approved by Declarant. C B-6 i F(l" 08i%U287 3.2 Basis for Approval. Approval shall be based, among other things, upon adequacy of site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring structures,effect of location and use of proposed Improvements upon neighboring Lots, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical, air conditioning or other roof top installations, and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration. No plans will be approved which do not provide for the underground installation of power, electrical, telephone and other utility lines from the property line to buildings. Plans which provide for metal-dad buildings will be approved only on the condition that such buildings are constructed so as not to have the appearance of a metal building and any metal-dad buildings must be specifically approved in writing. Declarant shall not arbitrarily withhold its approval of any plans and specifications. Except as otherwise provided in this Declaration, Declarant shall have the right to disapprove any plans and specification submitted hereunder on any reasonable grounds including,but not limited to,the following: (a) Failure to comply with any of the restrictions set forth in this Declaration; (b) Failure to include information in such plans and specifications as may have been reasonably requested by Declarant; (c) Objection to the exterior design, the appearance of materials or materials employed in any proposed structure; (d) Objection on the grounds of incompatibility of any proposed structure or use with existing structures or uses upon other Lots, or other property in the vicinity of the subject property; (e) Objection to the location of any proposed structure with reference to other Lots,or other property in the vicinity;. (f) Objection to the grading or landscaping plan for any Lot; (g) Objection to the color scheme, finish, proportions, style of architecture,height,bulk,size or appropriateness of any structure; (h) Objection to the number or size of parking spaces,or to the design of the parking area; B-7 i i MW (i) Failure to follow procedures or criteria set forth in current published Guidelines (Provided that this requirements shall not be construed as preventing Declarant as their option from waiving or amending provisions of the Guidelines at any time or with respect to any applications); (j) Any other matter which, in the judgment of the Declarant, J would render the proposed Improvements or use inharmonious with the general plan for improvement of the Property or with improvements located upon other lots or other property in the vicinity. 3.3 Building Elevations and PondinQ Capabilities. Declarant has k established building elevations and 100 year storm ponding capacity requirements for each Lot as an essential part of the storm drainage retention plan of the Property. Such Building elevations and ponding capacity requirements are set forth in Exhibit "B" attached hereto and made a part hereof. All buildings constructed on any Lot shall conform to the building l' elevations set forth in Exhibit "B" and each Lot shall include a parking lot or other ponding facilities constructed on the elevation, and including the minimum number of square feet,shown on Exhibit "B". If two or more Lots t are developed in conjunction with one another as a part of a common r development plan,the ponding capacities of such Lots may be aggregated,and the total ponding capacities constructed in larger units;provided that the total + aggregate pondage applicable to each elevation shall not be changed thereby, and the required building elevation line for each such Lot shall be i° reevaluated and changed if necessary as a result of aggregation of ponds. No such change shall be made without the prior written approval of Declarant and civil engineer employed by Declarant and approved by the City Engineering Office. If any lot is subdivided or resubdivided, the Declarant shall be allowed to reallocate the ponding capacity requirements for such Lot. The Declarant shall be allowed to amend the ponding capacity requirements of said Exhibit"B" without the consent of any Lot Owners unless Declarant is not the Owner of the Lot subject to the reallocation,in which case the consent of such Owner shall be required. 3.4 Review Fee. An Architectural review fee shall be paid to Declarant at such time as plans and specifications are initially submitted to it in an amount specified by the Guidelines. The review fee shall include the review of the master plan (if applicable, preliminary plans, and construction documents. Review Fees shall also be paid for revisions, alterations or change of use as provided in the Guidelines. B-8 r,i."W e 7 Z t z ly DRAINAGE PLAN ' DILL ION AUTO PLAZA SUBDIVISION SCALE: 1' 100' - MOP TQY RAAYAES /NC. rt�a•.rr . ' ! OWL A/tEO LAROS P n•1...n.r • q.01. S Ills CWHE"LEC S S•10 TO DAXTER STREAM DRAINAGE SWALE D R.D.O.H. .LUK c" B �_ �_ MD''M• q I 4 BL OCK 3 , 1 ? UNDERGROUND DRAIN ' 015CHARGE PIT LOT I LOT 2 0.505 ACRES 0.515 ACRES l LOT J I 1 1.515 ACRES 1 M •i �� 1 -.-. `, I •• S �T/ VALLEY GUTTER l lJ ' LEGEND LOT 7 \�✓ 1 I 1 \ O anti cacea LSTI ACRES t lRVtiv.L 1 .DII.iR.O[DuecTla // I� Imo, 1 LOT D 1 0.125 ACRE I I I I ' •� LOT 2 � I I Y y O.071 ACRES LOT. DRAINAGE SWALE LDT 2 1 i 1 o.l95.c co 0.839 ACREcl 1 cl y 1 BLOCK 2 I • \ 1 io I Iv 1 \ LOT 1 1 o.u1 ACRE BL OCK I \ � 1 •I' DETENTION POND �l��\• I I W I i ~ I 1 � I ' BILLION CNRYSIER MAZDA a \o I •A LOT I j l \�P 4.050 ACRES N 1 I •\p I -•i 1 1 COT ARIA A I • 1 t EIN 138? f-U290 3.5 Result of inaction. Written approval of plans and specifications by Declarant shall be required in all cases,and there shall be no presumption of approval if Declarant fails either to approve or disapprove the plans within forty-five (45) days after the same have been submitted or within any other time period. 3.6 A1212roval. Declarant may approve plans and specifications as submitted,or as altered or amended,or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by Declarant of any plans and specifications submitted,a copy of such plans and specifications, together with any conditions,shall be deposited for permanent record with Declarant, and a copy of such plans and specifications,bearing such approval together with any conditions,shall be returned to the applicant submitting the same. 3.7 Proceeding with Work. Upon receipt of approval from Declarant pursuant to Section 3.6, the Owner,or Occupant,or both, to whom the same is given, shall as soon as practicable satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and alterations. The work shall commence within one (1) year from the date of approval, and if work is not so commenced approval shall be deemed revoked unless Declarant, pursuant to written request made and received prior to the expiration of said one (1) year period,extends the period of time within which work must be commenced. 3.8 Completion of Work. Any Site Improvement commenced pursuant hereto shall be completed within nine (9) months from the date of City of Bozeman approval of the plans and specifications therefore. If occupation of the site occurs prior to the completion of all approved site improvements, then the Owner must submit a Letter of Credit to the City of Bozeman In an amount no less than one and one-half(1-1/2) times the value of the remaining improvements. Any Building Improvement commenced ' pursuant hereto shall be completed within eighteen (18) months from the date of City of Bozeman approval of the plans and specifications therefore, except for so long as such completion is rendered impossible, or unless work upon the proposed Improvements would impose a great hardship upon the Owner or Occupant,to whom Declarant's and the City of Bozeman's approval is given, due to strike, fire, national emergency, national disaster or other supervening force beyond the control of Owner or Occupant. Failure to comply with this Section 3.8 shall constitute a breach of this Declaration and B-9 4' Y t rium 138:?AU1291 subject the party in breach to the enforcement procedures set forth in Article IX. 3.9 Declarant Not Liable. Declarant shall not be liable for any damage, loss of prejudice suffered or claimed by any person on account of: (a) The approval or disapproval of any plans, drawings, and specifications,whether or not in any way defective; (b) The construction of any Improvement, or performance of any work, whether or not pursuant to approved plans, drawings, and specifications;or (c) The development of any Lot within Billion Plaza. 3.10 Construction Without Approval. If any Improvement shall be erected, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval by the Declarant pursuant to the provisions of this Article III, such alteration, erection, placement, maintenance of use shall be deemed to have been undertaken in violation of this Declaration, and upon written notice from Declarant, any such Improvement so altered,erected, placed, maintained or used upon any Lot in violation of this Declaration, and any such use shall cease or be amended so as to conform to this Declaration. Should such removal or alteration, or cessation or amendment or use not be accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to the enforcement procedures set forth in Article IX. I ARTICLE IV DEVELOPMENT STANDARDS 4.1 Minimum Setback, No Improvements of any kind, and no part thereof, shall be placed closer than permitted by Declarant to any interior property line,except as otherwise provided in Section 4.3. "Interior property line" shall mean the boundary between any Lot within the Property and all other Lots bordering upon said Lot. No Improvements of any kind,shall be placed closer than twenty-five (25) feet from a property line fronting any dedicated street within Billion Plaza. Minimum setbacks from property lines adjacent to Plaza Drive shall be twenty-five (25) feet. "Property line" shall mean the boundary of every lot. B-10 r 4.2 Creek and Waterway Setbacks. -No Improvement of any kind shall be permitted to be constructed 35' in the easement established for creeks and waterways. This restriction, however, shall not apply to the Improvements referred to in subparagraphs(d)and(h)of Section 4.3 thereof. 4.3 Exceptions to Setback Requirements. The following Improvements, or parts of Improvements, are specifically excluded from the setback requirements set forth in Section 4.1: (a) Roof overhand, subject to approval in writing from Declarant, provided said overhand does not extend more than eighteen (18) inches into the setback area; (b) Steps and walkways, provided that a minimum of seventy- five(75)percent of the setback area is maintained in live vegetative cover; (c) Fences,subject to the requirements set forth in Section 4.6; (d) Landscaping and irrigation systems; (e) Planters, not to exceed three (3) feet in height, except that planters of greater height may be built within the setback area with the prior written approval of Declarant; k (f) Subdivision identification signs, directional and parking signs and signs identifying the Owner or Occupant of a Lot, subject to the prior written approval of Declarant; (g) Lighting facilities, subject to the prior written approval of Declarant;and (h) Underground utility facilities and sewers. 4.4 Landscaping. All landscaping required by the developmental guideline plan shall be completed within 90 days after the substantial completion of the buildings being constructed on the Lot;provided,however, if weather conditions do not at such time permit,then such landscaping shall be completed as soon thereafter as weather conditions permit. The area of each Lot between any street property line and any minimum setback line as set forth in Section 4.1 and between curb line and property line,and any other portion of such Lot within the the Common Area shall be landscaped with an B-1 1 F f 11A 138 ME 1293 attractive combination of trees,shrubs and other ground cover in accordance with the developmental guidelines for Billion Plaza. All portions of a lot not fronting a street and not used for parking, storage or buildings shall be landscaped in a complementary manner. All landscaping installed in Common Areas within public rights of way shall be maintained by the Association. The remaining areas shall be landscaped and maintained by the Owner or Occupant of the Lot. If an outdoor parking lot contains fifteen or more parking stalls, such parking lot shall be landscaped in accordance with with zoning requirements. The use of landscaped earth berms to accomplish such landscaping is encouraged. Strips between parking bays shall also be landscaped with appropriate ground cover and trees. After completion, such landscaping as is herein required shall be maintained in a sightly and well-kept condition. If,in Declarant's reasonable opinion, the required landscaping is not maintained in a sightly and well- kept condition,Declarant shall be entitled to the remedies set forth in Article IX. 4.5 5jgnE. No sign shall be permitted on any Lot unless approved by Declarant in writing. No sign shall be approved other than business plaza identification signs, informational and vehicular control signs, signs Identifying the building or the business of the Owner or Occupant of a Lot, and signs offering the Lot for sale or lease,and temporary development signs. All signs shall be approved in accordance with the provisions of the City of Bozeman's requirements at time of application for sign permit. 4.6 Fences. No fences or walls shall be permitted within the Common Areas. No other fences or walls shall be permitted elsewhere on any Lot unless such fence or wall is necessary for security or screening purposes. The Declarant reserves the right to approve the location and design of all fences, and no fence shall be constructed without a letter of approval from the Architectural Committee. 4.7 Parking Areas. Off-street parking adequate to accommodate the parking needs of the Owner or Occupant, the employees and visitors thereof shall be provided by the Owner or Occupant of each Lot. The intent of this provision is to eliminate the need for any on-street parking; provided, however,that nothing herein shall be deemed to prohibit on-street parking of public transportation vehicles. If parking requirements increase as a result of B-12 i ,y i .iLM 138.:'A!11294 a change in the use of a lot or in the number of persons employed by the Owner or Occupant, additional off-street parking shall be provided so as to satisfy the intent of this section. All parking areas shall conform to the following standards: (a) Required off-street parking shall be provided on the Lot,on a contiguous Lot, or within a maximum of four hundred (400) feet from the Lot. Where parking is provided other than upon the Lot concerned, Declarant shall be given a certified copy of a recorded instrument, duly executed and acknowledged by the person or persons holding title to the Lot which the parking areas is located, stipulating to the permanent reservation i of the use of the Lot or other property for such parking area. (b) Parking areas shall be paved so as to provide dustfree, all- weather surfaces. Each parking space provided shall be designated by lines painted upon the paved surface and shall be adequate in area. All parking areas shall provide, in addition to parking spaces, adequate driveways and space for the movement of vehicles. 4.8 Storage and Loading Areas. Storage, maintenance and loading areas must be constructed, maintained and used in accordance with the following conditions: (a) Outside storage of materials, supplies, or equipment, including trucks or other motor vehicles,but not industry vehicles offered for sale,shall be permitted only if: (i) The material, equipment or objects stored outside are incidental to the activities regularly conducted on the premises; (ii) The area devoted to outside storage does not exceed 15 percent of the gross floor area of the principal structure on the site unless otherwise approved in writing by Declarant. (iii) The area is screened and harmonizes with the architecture, design, and appearance of neighboring structures and other surroundings; and (iv) The area is located upon the rear portions of a Lot, unless otherwise approved in writing by Declarant. B-13 (b) Provision shall be made on each site for any necessary vehicle loading. No on-street vehicle loading shall be permitted. (c) Loading dock areas shall be set back,recessed or screened so as not be visible from neighboring property or streets and in no event shall a loading dock be closer than seventy-five(75)feet from a property line fronting upon a street unless otherwise approved in writing by Declarant. 4.9 Mailboxes. The Declarant reserves the right to approve the location and design of all mailboxes, and no mailbox or other postal depository shall be installed or constructed without a letter of approval from the Declarant. Location and design of all mailboxes is subject to U.S. Postal Service review and approval. f ARTICLE V REGULATION OR OPERATIONS AND USES 5.1 Permitted Uses. The lots within Billion Plaza are assigned a land use designation as listed in Section C-1.7.2.1. Not all of such uses will be permitted on all Lots, and Declarant shall determine in its sole discretion which uses will be permitted on which Lots. Such approved uses shall be r performed or carried out entirely within a building that is designed and constructed so that the enclosed operations and uses do not cause or produce a nuisance to other Lots or property, such as, but not limited to, vibration, sound electro-mechanical disturbances, electro-magnetic disturbances, radiation, air or water pollution, dust, or emission of odorous, toxic or nontoxic matter(including steam). Certain activities which cannot be carried on within a building may be permitted, provided Declarant specifically consents to such activity in writing and further provided such activity is screened so as not to be visible from neighboring property and streets. All lighting is to be shielded so as not to be visible from neighboring property. 5.2 Prohibited Uses. The following operations and uses shall not be permitted on any property subject to this Declaration: (a) Junk yards,wrecking yards or recycling facilities; (b) Mining, drilling for or removing oil, gas or other hydrocarbon substances; (c) Refining of petroleum or of its products; B-14 I A •,.ti... +.,.. . C•:r r�`` .�� -r t�,+",'i'rt•,S t�:• t ; t f.(L! 138WT{12% (d) Commercial excavation of building or construction materials; provided that this prohibition shall not be construed to prohibit any excavation necessary in the course of approved construction pursuant to Article III; (e) Dumping, disposal, incineration or reduction of garbage, sewage,offal,dead animals or other refuse; { (f) Fat rendering; r (g) Stockyard or slaughter of animals; } (h) Smelting of iron,tin,zinc or any other ore or ores; (i) Cemeteries; r (j) Jail or honor farms; W Labor or migrant work camps; (1) Truck terminals;or , (m) Automobile, motorcycle or quarter-midget race tracks and other vehicle endurance or race tracks. The foregoing list is not exhaustive,and a proposed use which does not come within the prohibited categories described above shall not necessarily be deemed acceptable, but is still subject to the discretion of the Declarant as x provided in Section 5.1. 5.3 Nuisances. No nuisance shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any adjacent Lot,or property or to its occupants. A "nuisance"shall include,but not be limited to,conditions specifically defined by the Guidelines relating to air or water pollution, radiation,noise and ground vibration. 5.4 Waterways. The Owner or Occupant of any Lot shall at all times conduct its use and activities in a manner that will preserve the integrity of waterways within the Common Area including the prevention of any degradation of water quality, any reduction or increase in the flow of said waterways, any damage to the streambed or banks of said waterways. The I B-15 E ,FlC° 138�a?'f1297 Owner or Occupant of any Lot shall not conduct or permit the conduct of the following activities: (a) The discharge of any liquid,solid,or gas into waterways; (b) The use of any fertilizers or herbicides other than those specifically approved by Declarant;or the polluting of waterways;or r (c) Any refuse encouraging activities. 5.5 Condition of Property. The owner or Occupant of any Lot shall at all times keep it and the buildings, improvements and appurtenances thereon In a safe, clean and wholesome condition and comply, at its own expense, in all respects with all applicable governmental, health, fire and safety ordinances,regulations,requirements and directives and the Owner or Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such Lot. 5.6 Maintenance of Grounds. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways and landscaping on his Lot. Such maintenance and repair shall include, without limitation: (a) Maintenance of all parking areas,driveways and walkways in a clean and safe condition,including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefor as shall,in all respects,be equal thereto in quality, appearance and durability; the removal of debris and waste material and the washing and sweeping of paved areas as required; painting and repainting of striping markers and directional signals as required; (b) Cleaning, maintenance and relamping of any external lighting fixtures except such fixtures as may be the property of any public utility of government body;and (c) Performance of all necessary maintenance of all landscaping including the trimming, watering and fertilization of all grass,ground cover, shrubs or trees,removal of dead of waste materials,replacement of any dead or diseased grass,ground cover,shrubs or trees. Nothing contained herein shall preclude an Owner from recovering from any person liable therefor, damages to which such Owner B-16 fi A } • i FIG!! Y•39 M1�f.l2'�3 might be entitled for any act or omission to act requiring an expenditure by the Owner for the maintenance and repair of the parking area, driveway, walkway and/or landscaping on his lot. (d) Unless the Owner or Occupant personally performs the maintenance required hereunder, each owner and occupant shall contract with the Declarant, the Association,or other contractor for performance of all landscaping and parking lot maintenance required hereby, and shall keep continuously on file with Declarant a copy of the current maintenance agreements. 5.7 Remedies for Failure to Maintain and Repair. (a) Remedies. If any Owner shall fail to perform the maintenance and repair required by Section 5.6, then Declarant, after fifteen days' prior written notice to such delinquent Owner,shall have the right,but not the obligation, to perform such maintenance and repair and to charge the delinquent Owner with the cost of such work together with interest thereon at an annual rate equal to the maximum rate allowed under Montana law from the date of Declarant's advancement of funds for such work to the date of reimbursement of Declarant by Owner. If the delinquent Owner shall fail to reimburse Declarant for such costs within ten days after demand therefore, Declarant may, at any time within two years after such advance, file for Record a claim of lien signed by Declarant for the amount of such charge together with interest thereon. The lien created by this section shall be effective to establish a lien against the interest of the delinquent Owner in his Lot together with interest at the rate provided above on the amount of such advance from the date thereof, in addition to recording fees; cost of title search obtained in connection with such lien or the foreclosure thereof and court costs and reasonable attorney's fees which may be incurred in the enforcement of such a lien. (b) Foreclosure of Lien. Subject to the provisions of Article XIV, such a lien,when so established against the Lot described in said claim,shalt be prior or superior to any right, title,interest,lien or claim which may be or may have been acquired in or attached to the real property interests subject to the lien subsequent to the time of filing this Declaration. Such lien shall be for the benefit of Declarant and may be enforced and foreclosed in a like y manner as a real estate mortgage is foreclosed in the State of Montana. (c) Cure. If a default for which a notice of claim of lien was filed i° is cured, Declarant shall file or record a rescission of such notice, upon B-17 i Y ill'! iWACE1299 payment by the defaulting Owner of the costs of preparing and filing or recording such rescission, and other reasonable costs, interest or fees which have been incurred.. (d) Nonexclusive Remedy. The foregoing lien and the rights to foreclose thereunder shall be in addition to, and not in substitution for, all other rights and remedies which any party may have hereunder and by law, * including any suit to recover a money judgment for unpaid assessments. If any Owner shall fail to perform such maintenance and repair and, notwithstanding such failure, Declarant should fail to exercise its rights and remedies hereunder, then, the Association,any other Owner, after fifteen (15) days' prior written notice to Declarant and such delinquent Owner,shall have the right,but not the obligation, to perform such maintenance and repair and shall have the same rights and remedies with respect thereto as are provided herein to the Declarant. 5.8 Refuse Collection Areas.'All outdoor refuse collection areas shall be visually screened so as not to be visible from neighboring property or streets as per the Bozeman Zoning Code. No refuse collection area shall be permitted between a street and the front of a building. 5.9 Reoair of Buildings. No building or structure upon any Lot shall be permitted to fall into disrepair,and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. 5.10 Public Utilities. Declarant reserves the right to grant consents for the construction and operation of public utilities including, but not limited to,interurban or rapid transit,freight railways,lines for electricity,telephone , or telegraph,above or below ground conduits,and gas pipes in and upon any and all streets now existing or hereafter established upon which any portion of the Property may now or hereafter front or abut. Declarant reserves the right to grant consents and to petition the proper authorities for any and all street improvements such as grading, seeding, tree.planting, sidewalks, paving, sewer and water installation, whether it be on the surface or subsurface, which in the opinion of Declarant are necessary on or to the Property. Notwithstanding the provisions of Section 3.2, Declarant reserves the right to approve above ground utility lines across the Property or any portion thereof on a temporary basis for the purpose of construction, and such lines shall be permitted when required by a government agency. B-18 j ° � ••r a fay 138MU1300 5.11 Utility Lines and Antennas. No sewer,drainage,or utility lines or wires or other devices for the communication.or transmission of electric current, power, or signals including telephone, television, microwave or radio signals,shall be constructed,placed or maintained anywhere in or upon any portion of the Property other than within buildings or structures unless ,the same shall be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. No antenna for the transmission or reception of telephone, e television,microwave or radio signals shall be placed on any Lot within the Property without the prior written approval of Declarant. Nothing contained herein shall be deemed to forbid the erection or use of temporary power to telephone facilities incidental to the construction or repair of buildings on the Property. 5.12 Mechanical ' Equiyment. All mechanical equipment, utility meters, storage tanks, air conditioning equipment and similar items shall be screened with landscaping or attractive architectural features integrated into the structure itself. 5.13 Mineral Exploration. No portion of the Property shall be used in any manner to explore for or to remove any steam, heat, oil or other hydro- carbons,gravel, earth or any earth substances or other minerals of any kind, provided, however, that this shall not prevent the excavation of earth in connection with the grading or construction of improvements within the Property. Water may be extracted by Declarant to the extent permitted by the appropriate governmental agency. 5.14 .Other Operations and Uses. Operations and uses which are neither specifically prohibited nor specifically authorized by this Declaration may be permitted in a specific case if operational plans and specifications are submitted to and approved in writing by the Declarant in accordance with the procedures set forth in.Article III of this Declaration. Approval or disapproval of such operational plans and specifications shall be based upon the effect of such operations or uses on other property subject to this Declaration or upon the Occupants thereof,but shall be in the sole discretion of the Declarant. 5.15 Certified Operator. It will be required of the Billion Plaza Owners Association to retain an operator licensed by the State to oversee and maintain all operations within the Development as required by the State Department of Health and Environmental Services. It will be the operator's responsibility to maintain all sewer and water facilities to the standards of the B-19 BMW M h TIPF State and in compliance with all additional standards agreed upon with the City of Bozeman. 5.16 Maintenance and Repair of Improvements All maintenance of sewer and water and road facilities will be the responsibility of the Billion Plaza-Homeowners Association, including all improvements within the / Public Right of Ways,open space,common area developable lots exclusive of seperate services. ARTICLE VI EASEMENTS AND WATER RIGHTS 6.1 Reservation of Easements. Declarant hereby reserves easements over and across the Property for the following purposes: (a) To install, maintain, operate, repair and replace the storm drainage retention system for the Property, including all pumps, motors, pipes and culverts, filters, screens, and other equipment used in connection therewith, and the beds and banks of any creek, pond or waterway constituting a part of the storm drainage system. The location of the easement for the storm drainage retention system and waterways is more specifically described in an Easement granted to the City of Bozeman dated ,recorded as document ,records of Gallatin County, Montana. Declarant reserves the right to amend and relocate portions of the easement reserved by this paragraph within Lots then owned by Declarant at any time,by recording an amended easement exhibit, certified as such by the Declarant. (b) To maintain landscaping and the landscaping irrigation system installed within the Common Areas, including watering, mowing, trimming, pruning, fertilizing, mulching and replacing trees, shrubs, ground covers and other planting materials. (c) To drill,equip,maintain,repair and replace wells and pipes and other conduits therefrom for underground water pursuant to the water rights hereafter reserved, to be used by Declarant for the benefit of the Properties; provided that no such water well or conduit may be drilled or located by Declarant in any portion of the Property occupied by an Improvement,or for which Declarant has approved as Improvement. (d) Reference utility easement on Subdivision Plat,Exhibit A. B-20 _�t r_ 4 A..,4r S.uh�• w ;,t icy,may�,� ';• � a t �j �lv �Ity 138?,1rE1302 (e) Linear Trail: 15'Public Access Trail and Bike Path Easement, Exhibit A. 6.2 Water Rights. All water rights, both surface and underground, whether represented by shares of stock in irrigation, water or ditch companies,or otherwise,in the Property are hereby reserved by Declarant for use (i) in connection with waterways and creeks, (ii) the maintenance of Common Areas, and (III) maintenance of other required landscaping on the Properties and (iv) such other uses as may be permitted by Declarant, the priority of such uses to be in the order listed. Subject to the availability of water for such uses, Declarant will license the Association, Owners or Occupants to use such water in connection with the development of Lots In the Property,providing such licensees agree to bear their share of the costs of providing such water, apportioned as Declarant in its sole discretion may determine. The Declarant reserves the right to charge or to authorize a charge to use such water in connection with the development of Lots or the maintenance of landscaping in Common Areas or on the Property. 6.3 Reservation and Assignment. The foregoing easements and water rights shall be deemed to have been reserved by Declarants for the benefit of the Property, whether or not conveyances of Lots within the Property specifically except or reserve the same. Declarants may assign,but shall not be obligated to assign, the easements and the water rights, or either of them to the Association. ARTICLE VII BILLION PLAZA OWNERS ASSOCIATION • Y 7.1 Purpose of Association. The Association has been formed as a nonprofit corporation in accordance with Chapter 2 of Title 35,Montana Code Annotated for the purpose of enforcing these covenants and maintaining the storm drainage retention system, sewer system, water system, and landscaping in Common Areas, as required or allowed under this Declaration, and, at the option of the Association,providing security services to Owners and Occupants of Lots within the Property. 7.2 Membership in Association. All Owners of Lots in the Properties shall be members of such Association and shall be bound by the provisions of the articles and bylaws of the Association. Association membership shall be appurtenant to and may not be separated from the ownership of any Lot. The B-21 i IL' 138?A 1303 Association shall have one class of members. Each member shall be entitled to one vote for each acre or major fraction thereof owned except that each Lot shall entitle the Owners thereof to at least one vote. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine,but in no event shall more votes be cast with respect to any Lot than the Owner thereof is given by this Section. The subdivision of any Lot by any Owner other than the Declarant, whether such subdivision is effectuated by the filing of an amended plat, minor plat, condominium declaration,other unit ownership declaration,or a ` similar plat, survey or document, shall not increase the number of votes associated with the Lot as it existed prior to such subdivision,and the Owner or Owners of such lots or units•shall collectively be entitled to only the- number of votes that is associated with the Lot or Lots to which the plat or declaration relates. Notwithstanding the foregoing, the Declarant shall be entitled to subdivide any Lot or Lots by any of the above mentioned methods and shall further be entitled to increase the number of votes associated with the Lot or Lots to which the plat or declaration relates in an amount as Declarant shall, in Its discretion, consider proper. Membership and the number of votes associated with the Owner's Lot or Lots shall be represented by a certificate,but the execution and delivery of such certificate shall in no event entitle the holder to sever membership in the Association from the fee simply title to the Lot or Lots. 7.3 Assessments. The Declarants hereby covenant and each subsequent owner of any Lot,by acceptance of a deed therefore,whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: • i s (a) Annual assessments or charges,based upon the following: (1) Assessments for the costs of maintaining the water and sewer systems, storm system drainage retention system, including the ponds, waterways and creek, and landscaping with the easement for such system; and any assessments for any purpose other than as set forth in subparagraphs (2) and (3)of this Section 7.3(a),shall be based on the ratio of the number of square feet in each Lot to the total number of square feet in all of the Lots subject to the terms of this Declaration. (2) Assessments for the costs of maintaining the landscaping installed within those portions of the Common Areas described B-22 t r; • r 'Ilu US FACE 1304 ti in subsections (ii),(iii), (iv), and (v) of Section 1.4 hereof, if such maintenance is provided by the Association,shall be determined as follows: Each Lot shall t be assessed that proportion of the total costs of such maintenance equal to its percentage of all non-common area within Billion Plaza. In addition, if the underground sprinkler system maintained by the Association, the Association may assess the cost of maintaining, and supplying water to, the sprinkler system for such landscaping to the Lots upon which it is located on a uniform cost per square foot of area so served, as determined annually by the Association. (b) Special assessments for capital improvements, such assessments to be determined, established and collected as here-in-after provided. (c) In addition to the foregoing assessments, an initial capital contribution to the Association in an amount equal to the sum of ONE CENT ($0.01) per square foot of land contained in any Lot, which initial capital contribution shall be paid at the time of closing on the first sale or transfer of the Lot from the Declarant or his successors and assigns. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and failure by any Owner to pay the same shall entitle the Association to file a lien upon the property against which each such assessment is made in the Office of the Clerk and Recorder of Gallatin County, Montana, for such unpaid and delinquent assessments, interest, costs and attorney's fees. Such lien shall be 1 prior and superior to any right, title, interest lien or claim which may have been acquired in or attached to the real property interests subject to the lien subsequent to each such assessment, together with interest, costs and reasonable attorney's fees and shall also be the personal obligation of the t person who was the Owner of such property at the time when the assessment fell due. Assessments shall be fixed in amount based upon the estimated costs for the ensuing period, and levied by the Board of Directors of the Association and shall be billed on a quarterly basis with notice of the same to be mailed to each property Owner on or before the first days of January,April, July and October each year. All assessments shall be due thirty(30)days after the date of mailing. The Association has the authority to impose reasonable charges for interest and penalties for overdue payments. I I 7.4 Liens. Liens for unpaid assessments may be foreclosed in the same manner as a mortgage on real property and the Association shall be entitled B-23 r l_ 4 FILM ?ACE 1305 in any such foreclosure proceedings to recover its court costs, expenses, and reasonable attorney's fees. 7.5 limitations on Board Authority. Notwithstanding the authority of + " the Association's Board of Directors to levy assessments, the Directors must have the assent of one-half (1/2) of all votes, as defined above, voting in person or proxy at a meeting duly called for the purpose,before taking any of the following actions: (a) Making any assessment for a capital improvement costing in excess of$5,000.00; (b) Borrowing money on behalf of the Association in an amount in excess of $5,000.00, or mortgaging or encumbering any property of the Association to secure any such indebtedness; (c) Selling or otherwise disposing of any property of the Association with a value in excess of$5,000.00. 7.6 Meetines. Written notice of any meeting called for the purpose of any action authorized under Section 7.5 hereof, shall be mailed to all members not less than thirty (30) days nor more than sixth (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies-entitle to cast fifty (50) percent of all votes shall constitute a quorum. If the required quorum is not present,another meeting may be called subject to the same notice requirement, and the required quorum at any subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held rr' . more than sixty(60)days following the preceding meeting. 7.7 Indemnification. Each officer, director and former officer and director of the Association shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him in any proceeding to which he may be a party,or in which he may become involved by reason of his being or having been an officer or director of the Association,or any settlement thereof, whether or not he is an officer or director at the time such expenses are incurred,except in such cases wherein such officer, director or committee member is adjudged guilty of willful malfeasance in the performance of his duties. The Association may procure and maintain insurance against such liabilities, or such kind and amount as its Board of Directors may approve. a, B-24 138.1m[1306 ARTICLE VIII MODIFICATION AND REPEAL 8.1 Procedure. Except as otherwise provided in Section 8.2, this Declaration or any.provision hereof, or any covenant,condition or restriction contained herein, may be terminated, extended, modified or otherwise amended,as to the whole of the subject property or any portion thereof,with the written consent of the Owners of sixty percent(60%)of the Property,based upon the number of square feet owned as compared to the total number of square feet subject to these covenants, conditions and restrictions (excluding dedicated streets);provided,however,that so long as Declarant owns at least twenty percent (20%) of the property subject to these covenants, conditions and restrictions, or for a period of twenty (20) years from the effective date hereof, whichever period is shorter, no such termination, extension, modification or other amendment shall be effective without the written approval of Declarant, which approval shall not be unreasonably withheld. No such termination, extension, modification or other amendment shall be effective until a proper instrument in writing has been executed, acknowledged and recorded. Such modification or amendment shall be approved by the appropriate agency of the City of Bozeman and Gallatin County. 8.2 Modification by Declarant. For so long as Declarant owns any Interest(excepting a leasehold interest) in the Property,or any part thereof,or for a period of fifteen (15) years from the effective date hereof, whichever period is shorter,Declarant acting alone may modify or amend the provisions of Articles III,IV and V;provided,however, that(i) any such modification or amendment must be within the spirit and overall intention of the development as set forth herein; (ii) prior to any such modification or z amendment Declarant shall obtain the approval of any governmental agency to such modification or amendment where such approval is necessary; and (iii) any modification or amendment shall not provide for any type of improvements or use prohibited by this Declaration. No such modification or amendment shall be effective until the Owners have been given thirty (30) days' prior written notice of the proposed change, and proper instrument in writing has been executed,acknowledged and recorded. S. B-2 5 G fllH 138?,C[i307 ARTICLE IX ENFORCEMENT 9.1 _Abatement and Suit. The Owner of each Lot shall be primarily liable,and the Occupant,if any,secondarily liable for the violation or breach of any covenant, condition, or restriction herein contained. Violation or breach of any covenant,condition or restriction herein contained shall give to Declarant,or the Association,following thirty (30) days' written notice to the Owner or Occupant in question except in existing circumstances, the right, privilege and license to enter upon the Lot where said violation or breach exists and to abate and remove summarily,or abate or remove,at the expense of the Owner or Occupant thereof, any Improvement, structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof,or to prosecute a proceeding at law or in equity against 4 the person or persons who have violated or are attempting to violate any of these covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied, or to recover damages for said violation. No such entry by Declarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association nor their agents shall be subject to liability to the Owner or Occupant of said Lot for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on any Owner or Occupant in violation of any Provision of this Declaration, as well as a lien (enforceable in the same manner as a mortgage) upon the Lot in Question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot In question unless a suit to enforce said lien shall have been filed in a court of record in Gallatin County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the Lot in question to such purchaser or mortgagee respectively. 9.2 Right of Entry. During reasonable hours and upon reasonable notice, and subject to reasonable security requirements, Declarant, the Association or their agents,shall have the right to enter upon and inspect any Lot and the Improvements thereon covered by this Declaration for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor the Association nor their agents shall be deemed to have committed a trespass or their wrongful act by reason or such entry or inspection. B-26 WKWINN INK tnW 138?aCE13U9 ' 9.3 Deemed to Constitute a Nuisance. The result of every act or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance,and every remedy allowed by law or in equity against an Owner or Occupant either public or private,shall be any?licable against every such result and may be exercised by Declarant or the Association. , 9.4 Attorney's Fees. In any legal or equitable proceeding for the i enforcement of this Declaration or any provision hereof, whether it be an action for damages, declaratory relief or injunctive relief,or any other action, the losing party or parties shall pay the attorney's fees of the prevailing party or parties, in such reasonable amount as shall be fixed by the court in such proceedings or in a separate action brought for that purpose. The prevailing party shall be entitled to said attorney's fees even though said proceeding is. settled prior to judgment. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. 9.5 Failure to Enforce is No Waiver. The failure of Declarant to enforce any requirement, restriction or standard herein contained shall in no event be deemed to be a waiver of the right to do so thereafter or in other cases,nor of the right to enforce any other restriction. ARTICLE X ASSIGNMENT Any and all of the rights,powers and reservations of Declarant herein contained may be assigned to any person, partnership, corporation or association which will assume the duties of Declarant pertaining to the particular rights, powers and reservations assigned, and upon any such person, partnership, corporation or association evidencing its consent in writing to accept such assignment and assume such duties, he or it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. If at any time Declarant ceases to exist and has not made such an assignment, a successor to Declarant may be appointed in the same manner as this Declaration may be modified or amended under Section 8.1. Any assignment or appointment made under this article shall be in reasonable form and shall be Recorded. B-27 i Fit! 138 P,hE1309 ARTICLE XI CONSTRUCTIVE NOTICE AND ACCEPTANCE Every person or entity who now or hereafter owns,occupies or acquires any right,title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person ti acquired an interest in the Property. ARTICLE XII WAIVER Neither Declarant nor its successors or assigns shall be liable to any X Owner or Occupant of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of any said property by acquiring its interest therein agrees that it will not bring any action or suit against Declarant to recover any such damages or to seek equitable relief because of same. ARTICLE XIII RUNS WITH LAND All covenants, conditions, restrictions and agreements herein r contained are made for the direct, mutual and reciprocal benefit of each and every Lot of the Property;shall create equitable servitudes upon each Lot in favor of every other Lot;shall create reciprocal rights and obligations between respective Owners and Occupants of all Lots and privity of contracts and estate between all grantees of said Lots,their heirs,successors and assigns;and shall, as to the Owner and Occupant of each Lot,his heirs,successors and assigns, operate as covenants running with the land, for the benefit of all other Lots, except as provided otherwise herein. ARTICLE XIV RIGHTS OF MORTGAGEES 14.1 Subordination of Liens to Mortgages. The Association's and the Declarant's liens, including but not limited to, those for non payment of B-28 FILM i ACI13L0 assessments, interest and costs shall be subject and subordinate to first Mortgages. On any sale upon foreclosure of a first Mortgage,or delivery of a deed to the Mortgagee in lieu of foreclosure of a first Mortgage, the Association's and Declarant's liens automatically shall be extinguished without the necessity of any instrument or release or satisfaction, but such extinguishment shall not relieve any former Owner from personal liability for such assessment, interest or costs. No other conveyance of a Lot shall extinguish such assessment liens. 14.2 Foreclosing Mortgagee Not Liable for Prior Assessments. Any First Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage,or through foreclosure of the mortgage,or through a deed in lieu of foreclosure, will not be liable for such lot's unpaid assessments which accrue prior to the acquisition of title to such Lot by the Mortgagee. The former Owner shall, however, remain liable for the payment of such assessments and the purchaser at the foreclosure sale or the grantee of a deed in lieu of the foreclosure shall be obligated to pay all assessments accruing subsequent to acquiring title. 14.3 Limitation on Certain Actions by the Association. Unless at least fifty percent (50%) of the votes of holders of Mortgages and Owners or unencumbered Lots are cast in favor, the Association shall not be entitled to: (a) change the method of determining the obligations, assessments,dues or other charges which may be levied against an Owner. (b) Use hazard insurance proceeds for losses to any Common Area for other than the repair,replacement or reconstruction of the Common Areas, except that insurance proceeds in excess of the amount required to repaid,replace or reconstruct the Common Area may be used as general funds of the Association. 14.4 Payment of Taxes on Common Areas. Mortgagees of Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge or lien against any Common Area and may pay overdue premiums on hazard insurance policies, or secure new hazard -insurance coverage on the lapse of a policy, for the Common Area. Mortgagees making such payments shall be owed immediate reimbursement from the Association and any sums not thus paid shall bear interest at a rate equal to the Maximum rate allowed under Montana law. B-2 9 } I 4, E lw 138?aUMI 14.5 Establishment of Reserves. The Association's assessments shall include an adequate reserve fund for maintenance, repairs and replacement of those elements of the Common Area that must be replaced on a periodic basis. ARTICLE XV CAPTIONS The captions of articles and sections herein are used for convenience only and are not intended to be a part of this Declaration or in any way to define,limit or describe the scope and intent of the particular article or section to which they refer. ARTICLE XVI SEVERABILITY If any part,term or provision of these covenants is held to be illegal or unenforceable,the validity of the remaining portions shall not be affected. B-3 0 r 1-o 138?AC1L312 IN WITNESS THEREOF, the undersigned, being the Declarant, herein, have hereunto set his hand this .�7.3 — day of 1993., TATE OF MONTANA ) i )SS County of Gallatin ) On this day of orJ 1993, before me, a Notary Public in and for the State of Montana, personally appeared• " i�-.•�/c 2 hi�.� and "_Sat ywl .1b�/ known to me to b h persons whose names are subscribed to in the ab nstrument, and who acknowledged to me that they -'exe d the same. SS my hand and seal, the day and year above first Nit -ky Public fpx the State Montana Residing at &_•...., Jj "r';'�q�-' My Commission pi es: "" DEXED L tV- IN ' / punED 276029 State of Mont.,County of Gallaft ss Flled for record_ November 24 .19—u— at 4:45 P K,and recorded In Book I is of page 1280 shover IL Recorder. I Deputy Fee: :)U c doPY Pa -r Rt: Dan Kamp 14 Park Plaza Bozeman, MT 59715 S _ ciTr c�F/�F qTF F��F ifl , 00 1 DEVELOPMENT MANUAL 1 BILL-ION PLAZA Bozeman Montana 1 D. J. Kamp i Prepared by: Bozeman, MT 59715 �1 1 1 r CONTENTS BILLIONTLAZA 1 DEVELOPMENT MANUAL Section A Introduction Section B Protective Covenants Section C Development Guidelines Section D Review and Approval Process Section E. Design Sketchbook r FRIAL 1PHI fa M_ WVMWED & CONDMONALLY APPROVED BOZEMAN CITY-COUNTY PLANNING DEPARTMENT PLANNING} DIRECTOR DATE A INTRODUCTION r r . r r r INTRODUCTION The purpose of this Development Manual is to expand and supplement the city of Bozeman Zoning Code to insure the harmonious development of Billion Plaza. This manual will also serve as a guide for developers within ' the Plaza as well as being the primary reference for the Architectural Review Committee. ' The Development Guidelines (Section C) establish restrictions that strive to create a park-like setting that will benefit the users of Billion Plaza and also be a positive contribution to the Bozeman Community. The Protective Covenants (Section B) establish the permitted uses within the Plaza and create the Billion Plaza Owners Association for the on-going ' maintenance and operation of the Plaza. The Review and Approval Process (Section D) outlines the procedural steps required by the Architectural Review Committee of the Plaza, the City of Bozeman Planning Department and the Bozeman Building Department. The Design Sketchbook (Section E).shows graphic examples of acceptable design approaches to building design, signage, lighting and landscaping. 1 1 i r 1 1 1 B PROTECTIVE COVENANTS i r �■r r r r r � r r ri r �r r r r r � r rr MAFaVARY TURN AROUND ICI 50' RADIUS S 1/16 CORNER SEC 9 8 10 FOUND M.D.O.H. ALUM. CAP OPENSPACE..(TYP.-)- _ _ _ 30.01,30.0� 60' I ` m - �cn 1 aD I 1 z 50' BLOCK 3 m LOT I LOT 2 0.905 ACRES 0.515 ACRES I z o LOT 3 ' y 1.348 ACRES i a I • i lE1POtMY n m a't AoIW I I I —-—-—- -"' ----+----00AVg �T�N \J \R b I I LOT 3 I I 1.3T I ACRES �,r/ I i p I LOT 3 / 45.T5' 0.828 ACRE , I s I I I v/ H —_' O LOT P. 0_ I o 0.974 ACRES I I� z p m 0 m m� AREA LOT 2 I N I Dm1:0 LQ� I 0. 125 AC 0.839 ACRE I z r w —a n < m v I Om mm m 1 vpava BLOCn1/ Z �+ c I m I I O'CIDA 8 ^ „ I m IZm I z(A N Dm I 7m 0=;a mmmm LOT 0 i I "' � I n • ma \ 0.884 ACRE c I a7 < y I O m 0 BLOCK l I I m m ' z z ca 0�7 I c I n �1n Y b + ' ^i I m g m b i�NNP,W V I p ap(7�cwnTol aaaaa `\ o mm m 0 I mm cn cn CA cn cn 0 —+ -- I c^y ^ I v�,� rc, LOT I I I 4.859 ACRES 4 I I I \ I I COW" AREA 3. 137 ACRES /' I I O II ao , I I I ' - - - - - - _— ao ow! m w I WIDE STRIP RESERVED FOR I O • FUTURE HIGHWAY R/W or I (0.5 N 0 13'E c) 51.4747' 0 La A z —- - U. S. - H I GHWAY _ _ 19 1• _ FOUND ALUM.SE CDR SEC CAP tom 1 O z O m m 1 A rz O O ' t N i CA c O U;o a+m O- z 0 �r �r � r . r r �r � r � �r � r � r r r �r r r i i !. • t J J 7 r r r rDECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR BILLION PLAZA i This Declaration, made this 1st day of July , 1991, by J. & S. Billion (hereinafter referred to as 'owner"), of Bozeman, Montana, is made with reference to the following facts: rRECITALS: A. Joseph C. & Susan P. Billion, owners of that certain real property in the County of Gallatin, State of Montana, described on Exhibit "A" attached, and appearing as follows: ' Description E1/2SE1/4SE1/4 of Section 9, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana. B. The Property is being developed as a Commercial Plaza known as P Y g P Billion Plaza. Declarants desire to subject the real property in this center to certain covenants, conditions and restrictions for the benefit of the property, Declarants, and the purchasers of lots in this development. It is intended that said covenants, conditions and restrictions bind and benefit not only said purchasers and Declarants, but also their respective successors, heirs and assigns and that all lots in this development be held, used, leased sold and ' conveyed subject to the covenants, conditions and restrictions set forth in this Declaration. C. The requirements set forth in these covenants shall, at all times, meet or exceed the minimum requirements and standards of the Bozeman area Subdivision Regulations, Gallatin County version, and Zoning Code of ' the City of Bozeman, Montana. ' B-1 r r r ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the terms defined in , this Article I shall, as used in this Declaration, have the meanings herein set forth: 1.1 "Association" shall mean the Billion Plaza Owners Association, a Montana nonprofit corporation, and its successors and assigns. "Board of Directors" or "Board" shall mean the duly elected and qualified members of the Board of Directors of the Association. I 1.2 Architect/En Engineer. "Architect/Engineer" shall mean a person 1 holding a certificate of registration to practice architecture or engineering in the State of Montana. r, 1.3 Beneficiary. "Beneficiary" shall mean a Mortgagee under a Mortgage as well as a Beneficiary under a Trust Indenture or.Deed of Trust. 1.4 Common Areas. "Common Areas" shall mean every portion of the Property which is to be maintained by the Association as herein provided ' including: (i) the surface drainage system and the land included within the easements therefor, (ii) the open space area and all landscaped areas directly relating to the open space area, (iii) all improvements and landscaping on the L foregoing properties and all fixtures and appurtenances used therewith or attached thereto, and (iv) all tangible and intangible personal property at any time owned or controlled by the Association for the common use and benefit of the Owners. The designation of the foregoing properties is for the purposes of definition only and shall not be construed to create any obligation upon the Declarant or the Association, their successors and assigns, to improve or ' maintain the said Common Areas. 1.5 Declarant. "Declarant" shall mean J. & S. Billion, and to the extent provided in Article X of this Declaration, their successors and assigns. Declarant shall also include a corporation which may be organized under the laws of Montana by Declarant at its option for the purpose of exercising duties , and powers reserved to Declarant (including but not limited to design review I pursuant to Article III of the Declaration) and performing such functions as may be delegated or contracted to it by the Association. t I 1 i B-2 ' 1.6 Declaration. "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for Billion Plaza, as it may from time to time be amended or supplemented. 1.7 Guidelines. "Guidelines" shall mean design guidelines which may from time to time be adopted and published by Declarant to set forth procedures for review of plans and standards and criteria which Declarant expects to follow in reviewing proposed developments within the Property. Any modification-adopted by Declarant shall be approved by the City of Bozeman with its current Approval Process. ' . 1.8 Creeks or Waterways. "Creeks or ",L waterways shall mean the 1 waterway constituting a part of the storm drainage retention system for the Property, including the permanent ponds, surface creek, and underground conduits connecting ponds,.which will be more specifically described on the ' easement exhibit to be recorded pursuant to Section 6.1 hereof. 1.9 Improvement - Improvements. "Improvement" or "Improvements" shall include buildings, outbuildings, roads, driveways, parking areas, fences, screening walls and carriers, retaining walls, stairs, decks, water lines, sewers, electrical and gas distribution facilities, hedges, ' windbreaks, plantings, planted trees and shrubs, poles, signs, loading areas and all other structures, installations and landscaping of every type.and kind, whether above or below the land surface. 1.10 Lot. "Lot" shall mean a fractional part of the Property as sub- divided on subdivision maps recorded from time to time in the Office of the ' Clerk and Recorder of.Gallatin County, Montana. 1.11 Mortgage. "Mortgage" shall mean a Trust Indenture or Deed of Trust, as well as a Mortgage. 1.12 Mortgagee. "Mortgagee" shall mean a Beneficiary under, or holder of, a Trust Indenture or Deed of Trust, as well as a Mortgagee under a Mortgage. 1.13 Occupant. "Occupant" shall mean a lessee or licensee of an Owner, or any other person or entity other than an Owner in lawful possession of a Lot with the permission of the Owner. ' 1.14 O en S ace. Open Space shall mean those areas containing P P P P g Baxter Creek and the Park area on the Southwest area of the property and B-3 those areas on the South boundary that serve as a buffer to Highway 191 and a buffer to Cottonwood Road in the Southeast corner of the property as more delineated on the official plat. Open Space also includes those areas adjacent to sewer and water facilities such as pump houses, lift stations and septic systems. 1.15 Owner. "Owner" shall mean any person or entity which is the record Owner of fee simple title to any entity or person who holds such interest as security for the payment of an obligation, other than a contract seller, Mortgagee, or other security holder, in actual possession of a lot. 1.16 Property. "Property" shall mean and refer to the property P P Y described on Exhibit "A", together with such additions as may hereafter be annexed thereto by Declarants in accordance with the terms hereof. 1.17 Record - Recorded - Recordation. "Record", "recorded", or "recordation", shall mean, with respect to any document, the recordation of said document in the Office of the Clerk and Recorder of Gallatin County, Montana. 1.18 Recreational Vehicle. "Recreational Vehicle" shall mean any vehicle used for recreation such as motor homes, trailer, motorcycles, , snowmobiles, boats, etc. 1.19 Sign. "Sign" shall mean any structure, device or contrivance, ' electric or nonelectric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted, or otherwise fastened or affixed. 1.20 Street or Streets. "Street" or "streets" shall mean any street, highway, road, or thoroughfare within or adjacent to the Property and shown on any recorded subdivision plat, or record or survey, whether designated thereon as street, avenue or road. 1.21 Trust Indenture. "Trust Indenture" shall mean a Mortgage or Deed of Trust, as well as a Trust Indenture. 1 1.22 Visible From Neighboring Property. "Visible from neighboring property" shall mean, with respect to any given object on a Lot, that such , object is or would be visible to a person six (6) feet tall, standing on any part of B-4 L any adjacent Lot or other property at an elevation no greater than the elevation of the object being viewed. ARTICLE II SUBJECT PROPERTY r2.1 General Declaration. Declarant hereby declares that all of the Property more particularly described on Exhibit "A", shall be, conveyed, ' hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in while or in part, subject to this Declaration. All of the covenants, conditions and restrictions set forth herein are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of the Property and are established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and every part thereof. All of the covenants, conditions and restrictions shall run with all of the Property for all purposes and shall be binding upon and inure to the benefit of Declarant and all Owners, ' Occupants, and their successors in interest as set forth in this Declaration. 2.2 Addition of Other Realty. Declarant may at any time during the i pendency of this Declaration add all or a portion of any real property now or hereinafter owned by Declarant to the Property, and upon recording of a notice of addition of real property containing at least the provisions set forth in Section 2.3, the provisions of this Declaration specified in said notice shall apply to such added real property in the same manner as if it were originally covered by this Declaration. Thereafter, to the extent that this Declaration is made applicable thereto, the rights, powers and responsibilities of Declarant and the Owners and Occupants of lots within such added real property shall be the same as in the case of the real property described on Exhibit "A". 2.3 Notice of Addition to Land. The notice of addition of real ro er P P tY referred to in Section 2.2 shall contain at least the following provisions: A reference to this Declaration stating the date of recording (a) g g and the book or books of the records of Gallatin County, Montana, and the ipage numbers where this Declaration is recorded; (b) A statement that the provisions of this Declaration, or some specified part thereof, shall apply to such added real property; ' (c) A legal description of such added real property; and B-5 i (d) Such other or different covenants, conditions and restrictions as Declarant shall, in its discretion, specify to regulate and control ' the use, occupancy and improvements of such added real property. 2.4 Subdivision of Lots. No lots within Billion Plaza shall be subdivided without the consent of the Declarant. Any Declarant-approved subdivision of lots must further comply with requirements and procedures set forth in the Bozeman area Subdivision Regulations, Gallatin County version process. ARTICLE III CONSTRUCTION OF IMPROVEMENTS 3.1 Avvroval of Plans Required. No Improvements shall be erected, placed, altered, maintained or permitted to remain on any Lot by an Owner or Occupant until final plans and specifications shall have been submitted to and approved in writing by Declarant and the City of Bozeman. (See Section C, 1.4) Such final plans and specifications shall be submitted in duplicate (or , as otherwise required by the Guidelines) with the authorized signature of the Owner or Occupant or both of the Lot or the authorized agent thereof. Such plans and specifications shall be in such form and shall contain such information as may be required by the Declarant, but shall in any event include the following: (a) A site development plan of the Lot.showing the nature, grading scheme, kind, shape, composition, and location of all structures with respect to the particular Lot (including proposed front, rear and side setback lines), and with respect to structures on adjoining Lots, and the number and location of all parking spaces and driveways on the Lot: (b) A landscaping plan for the particular Lot; (c) A plan for the location of signs and lighting; and (d) A building elevation plan showing dimensions, materials and exterior color scheme in no less detail than required by the appropriate i governmental authority for the issuance of a building permit, and bearing the stamp of an Architect. Material changes in approved plans must be similarly submitted to and approved by Declarant. B-6 , i DRAINAGE PLAN BILLION AUTO PLAZA SUBDIVISION SCALE: 1" = 100' NOR TON RANCHES INC. TEAFORARY ( UNPL A T TED L ANDS J tITUY UND US S 1i16 CORNER SEC 9 8 10 DRAINAGE .SWALE FOUND M.D.O.H. ALUM. CAP TO BAXTER STREAM �----- 30.o1 60' �---- - - I BLOCK 3 I UNDERGROUND DRAIN LOT 2 LOT 1 \ I 1 DISCHARGE PIT I 0.905 ACRES 0.515 ACRES LOT 3 I I 1.348 ACRES I 7LRNMAIPY I , _-- o _ I 1 , or -�O/y VALLEY GUTTERin 1 d � I ' IQQ LEGEND LOT 3 ® OUTLET CONTROL 1.371 ACRES ,l I Q v STRUCTURE / I 1 Q ap 1 �l = DRAINAGE DIRECTION / IjQ LOT 3 1 I ' 0.828 ACRE I I I ' I I I I N' I _N- al LOT 2 c� 0.974 ACRES LOT 4 I COMMON LOT 2 DRAINAGE SWALE AREAI 0. 125 AC 0.639 ACRE I 1 Q BLOCK 2 1 I g 1 I J \ 0 I '\ LOT I 0.884 ACRE 1 I Q .1 BL OCK I I J I p , DETENTION PONDLAJ BILLION CHRYSLER MAZDA b I � 1 I �9 I LOT 1 1 ( I 4.859 ACRES I I � I I , • OT 4 I I I I CO N AREA 1 3. 13 ACRES I I I I � I I I I - - - - . - - - - mm I • WIDE STRIP RESERVED FOR FUTURE HIGHWAY R/W ad I (0.557 AC i �N 00*22' WE _ 57.4_7' _ U. S. H I GHWAY 19 I° SE COR SEC 9 ` •FOUND ALUM. CAP i ( UNPL A T TED LANDS ( UNPL A TTED LANDS 1 DA YL£ HARR I S KOUN 7' R.R. NELSON ' R I CHARD FRANK KOUN • • I i � i r 1 I 3.2 Basis for Approval. Approval shall be based, among other things, iupon adequacy of site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring structures, effect of location and use of proposed Improvements upon neighboring Lots, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical, air conditioning or other roof top installations, and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration. No plans will be approved which do not provide for the underground installation of power, electrical, telephone and other utility lines from the property line to buildings. Plans which provide for metal-clad buildings will be approved only on the condition that such buildings are constructed so as not to have the appearance of a metal building and any metal-clad buildings must be specifically approved in writing. Declarant shall not arbitrarily withhold its approval of any plans and specifications. Except as otherwise provided in this Declaration, Declarant shall have the right to 1 disapprove any plans and specification submitted hereunder on any reasonable grounds including, but not limited to, the following: (a) Failure to comply with any of the restrictions set forth in this Declaration; (b) Failure to include information in such plans and specifications as may have been reasonably requested by Declarant; I (c) Objection to the exterior design, the appearance of materials or materials employed in any proposed structure; (d) Objection on the grounds of incompatibility of any proposed structure or use with existing structures or uses upon other Lots, or other property in the vicinity of the subject property; (e) Objection to the location of any proposed structure with P reference to other Lots, or other property in the vicinity; (f) Objection to the grading or landscaping plan for an Lot; J g g P gP Y (g) Objection to the color scheme, finish, proportions, style of architecture, height, bulk, size or appropriateness of any structure; (h) Objection to the number or size of parking spaces, or to the design of the parking area; B-7 1 1 (i) Failure to follow procedures or criteria set forth in current published Guidelines (Provided that this requirements shall not be construed as preventing Declarant as their option from waiving or amending provisions of the Guidelines at any time or with respect to any applications); (') An other matter which, in the judgment of the Declarant, J Y J g would render the proposed Improvements or use inharmonious with the general plan for improvement of the Property or with improvements located upon other lots or other property in the vicinity. 3.3 Building Elevations and Ponding Capabilities. Declarant has .� established building elevations and 100 year storm ponding capacity requirements for each Lot as an essential part of the storm drainage retention plan of the Property. Such Building elevations and ponding capacity requirements are set forth in Exhibit "B" attached hereto and made a part hereof. All buildings constructed on any Lot shall conform to the building elevations set forth in Exhibit "B" and each Lot shall include a parking lot or other ponding facilities constructed on the elevation, and including the minimum number of square feet, shown on Exhibit "B". If two or more Lots are developed in conjunction with one another as a part of a common development plan, the ponding capacities of such Lots may be aggregated, and the total ponding capacities constructed in larger units; provided that the total aggregate pondage applicable to each elevation shall not be changed thereby, and the required building elevation line for each such Lot shall be reevaluated and changed if necessary as a result of aggregation of ponds. No such change shall be made without the prior written approval of Declarant and civil engineer employed by Declarant and approved by the City Engineering Office. If any lot is subdivided or resubdivided, the Declarant shall be allowed to reallocate the ponding ' capacity requirements for such Lot. The Declarant shall be allowed to amend the ponding capacity requirements of said Exhibit "B" without the consent of any Lot Owners unless Declarant is not the Owner of the Lot subject to the reallocation, in which case the consent of such Owner shall be required. 3.4 Review Fee. An Architectural review fee shall be paid to Declarant at such time as plans and specifications are initially submitted to it in an amount specified by the Guidelines. The review fee shall include the review of the master plan (if applicable, preliminary plans, and construction documents. Review Fees shall also be paid for revisions, alterations or change of use-as provided in the Guidelines. B-8 3.5 Result of Inaction. Written approval of plans and specifications by Declarant shall be required in all cases, and there shall be no presumption of approval if Declarant fails either to approve or disapprove the plans within forty-five (45) days after the same have been submitted or within any other time period. 3.6 Approval. Declarant may approve plans and specifications as submitted, or as altered or amended, or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by Declarant of any plans and specifications submitted, a copy of such plans and specifications, together with any conditions, shall be deposited for permanent record with Declarant, and a copy of such plans and specifications, bearing such approval together with any conditions, shall be returned to the applicant submitting the same. 3.7 Proceeding with Work. Upon receipt of approval from Declarant pursuant to Section 3.6, the Owner, or Occupant, or both, to whom the same is given, shall as soon as practicable satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and alterations. The work shall commence within one (1) year from the date of approval, and if work is not so commenced approval shall be deemed revoked unless Declarant, pursuant to written request made and received prior to the expiration of said one (1) year period, extends the period of time within which work must be commenced. 3.8 Completion of Work. Any Site Improvement commenced pursuant hereto shall be completed within nine (9) months from the date of City of Bozeman approval of the plans and specifications therefore. If occupation of the site occurs prior to the completion of all approved site improvements, then the Owner must submit a Letter of Credit to the City of Bozeman in an amount no less than one and one-half (1-1/2) times the value of the remaining improvements. Any Building Improvement commenced pursuant hereto shall be completed within eighteen (18) months from the date of City of Bozeman approval of the plans and specifications therefore, except for so long as such completion is rendered impossible, or unless work upon the proposed Improvements would impose a great hardship upon the Owner or Occupant, to whom Declarant's and the City of Bozeman's approval is given, due to strike, fire, national emergency, national disaster or other supervening force beyond the control of Owner or Occupant. Failure to comply with this Section 3.8 shall constitute a breach of this Declaration and B-9 • � � II subject the party in breach to the enforcement procedures set forth in Article IX. 3.9 Declarant Not Liable. Declarant shall not be liable for any damage, loss of prejudice suffered or claimed by any person on account of: (a) The approval or disapproval of any plans, drawings, and specifications, whether or not in any way defective; (b) The construction of any Improvement, or performance of any work, whether or not pursuant to approved plans, drawings, and , specifications; or (c) The development of any Lot within Billion Plaza. 3.10 Construction Without A112roval. If any Improvement shall be erected, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval by the Declarant pursuant to the provisions of this Article III, such alteration, erection, placement, maintenance of use shall be deemed to have been undertaken in violation of this Declaration, and upon written notice from Declarant, any such Improvement so altered, erected, placed, maintained or used upon any Lot in violation of this Declaration, and any such use shall cease or be amended so as to conform to this Declaration. Should such removal or alteration, or cessation or amendment or use not be accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to the enforcement procedures set forth in Article IX. ARTICLE IV DEVELOPMENT STANDARDS 4.1 Minimum Setback. No Improvements of any kind, and no part thereof, shall be placed closer than permitted by Declarant to any interior property line, except as otherwise provided in Section 4.3. "Interior property line" shall mean the boundary between any Lot within the Property and all other Lots bordering upon said Lot. No Improvements of any kind, shall be placed closer than twenty-five (25) feet from a property line fronting any dedicated street within Billion Plaza. Minimum setbacks from property lines adjacent to Plaza Drive shall be twenty-five (25) feet. "Property line" shall mean the boundary of every lot. B-10 4.2 Creek and Waterway Setbacks. No Improvement of any kind shall be permitted to be constructed 35' in the easement established for creeks and waterways. This restriction, however, shall not apply to the Improvements referred to in subparagraphs (d) and (h) of Section 4.3 thereof. 4.3 Exceptions to Setback Requirements. The following Improvements, or parts of Improvements, are specifically excluded from the setback requirements set forth in Section 4.1: (a) Roof overhand, subject to approval in writing from Declarant, provided said overhand does not extend more than eighteen (18) inches into the setback area; (b) P - ,Steps and walkways, provided that a minimum of seventy- five Y Y five (75) percent of the setback area is maintained in live vegetative cover; c Fences subject to the( ) J e requirements set forth in Section 4.6; (d) Landscaping and irrigation systems; (e) Planters, not to exceed three (3) feet in height, except that planters of greater height may be built within the setback area with the prior written approval of Declarant; (f) Subdivision identification signs, directional and parking signs and signs identifying the Owner or Occupant of a Lot, subject to the prior written approval of Declarant; (g) Lighting facilities, subject to the prior written approval of Declarant; and (h) 'Underground utility facilities and sewers. 4.4 Landscaping. All landscaping required by the developmental guideline plan shall be completed within 90 days after the substantial completion of the buildings being constructed on the Lot; provided, however, if weather conditions do not at such time permit, then such-landscaping shall be completed as soon thereafter as weather conditions permit. The area of each Lot between any street property line and any minimum setback line as set forth in Section 4.1 and between curb line and property line, and any other portion of such Lot within the the Common Area shall be landscaped with an B-1 1 attractive combination of trees, shrubs and other ground cover in accordance with the developmental guidelines for Billion Plaza. All portions of a lot not fronting a street and not used for parking, storage or buildings shall be landscaped in a complementary manner. All landscaping installed in Common Areas within public rights of way shall be maintained by the Association. The remaining areas shall be landscaped and maintained by the Owner or Occupant of the Lot. If an outdoor parking lot contains fifteen or more parking stalls, such parking lot shall be landscaped in accordance with with zoning requirements. The use of landscaped earth berms to accomplish such landscaping is encouraged. Strips between parking bays shall also be landscaped with appropriate ground cover and trees. After completion, such landscaping as is herein required shall be maintained in a sightly and well-kept condition. If, in Declarant's reasonable opinion, the required landscaping is not maintained in a sightly and well- kept condition, Declarant shall be entitled to the remedies set forth in Article Ix' 4.5 Ste. No sign shall be permitted on any Lot unless approved by Declarant in writing. No sign shall be approved other than business plaza identification signs, informational and vehicular control signs, signs identifying the building or the business of the Owner or Occupant of a Lot, and signs offering the Lot for sale or lease, and temporary development signs. All signs shall be approved in accordance with the provisions of the City of Bozeman's requirements at time of application for sign permit. 4.6 Fences. No fences or walls shall be permitted within the Common Areas. No other fences or walls shall be permitted elsewhere on any Lot unless such fence or wall is necessary for security or screening purposes. The Declarant reserves the right to approve the location and design of all fences, and no fence shall be constructed without a letter of approval from the Architectural Committee. 4.7 Parking Areas. Off-street parking adequate to accommodate the parking needs of the Owner or Occupant, the employees and visitors thereof shall be provided by the Owner or Occupant of each Lot. The intent of this provision is to eliminate the need for any on-street parking; provided, however, that nothing herein shall be deemed to prohibit on-street parking of public transportation vehicles. If parking requirements increase as a result of B-12 a change in the use of a lot or in the number of persons employed by the �. Owner or Occupant, additional off-street parking shall be provided so as to satisfy the intent of this section. All parking areas shall conform to the following standards: (a) Required off-street parking shall be provided on the Lot, on a contiguous Lot, or within a maximum of four hundred (400) feet from the Lot. Where parking is provided other than upon the Lot concerned, Declarant shall be given a certified copy of a recorded instrument, duly executed and acknowledged by the person or persons holding title to the Lot which the parking areas is located, stipulating to the permanent reservation of the use of the Lot or other property for such parking area. (b) Parking areas shall be paved so as to provide dustfree, all- weather surfaces. Each parking space provided shall be designated by lines painted upon the paved surface and shall be adequate in area. All parking areas shall provide, in addition to parking spaces, adequate driveways and space for the movement of vehicles. 4.8 Storage and Loading; Areas. Storage, maintenance and loading areas must be constructed, maintained and 'used in accordance with the following conditions: (a) Outside storage of materials, supplies, or equipment, including trucks or other motor vehicles, but not industry vehicles offered for sale, shall be permitted only if: (i) The material, equipment or objects stored outside are incidental to the activities regularly conducted on the premises; (ii) The area devoted to outside storage does not exceed 15 percent of the gross floor area of the principal structure on the site unless otherwise approved in writing by Declarant. (iii) The area is screened and harmonizes with the architecture, design, and appearance of neighboring structures and other surroundings; and (iv) The area is located upon the rear portions of a Lot, unless otherwise approved in writing by Declarant. B-13 (b) Provision shall be made on each site for any necessary vehicle loading. No on-street vehicle loading shall be permitted. (c) Loading dock areas shall be set back, recessed or screened so as not be visible from neighboring property or streets and in no event shall a loading dock be closer than seventy-five (75) feet from a property line fronting upon a street unless otherwise approved in writing by Declarant. 4.9 Mailboxes. The Declarant reserves the right to approve the location and design of all mailboxes, and no mailbox or other postal depository shall be installed or constructed without a letter of approval from the Declarant. �. Location and design of all mailboxes is subject to U.S. Postal Service review and approval. ARTICLE V REGULATION OR OPERATIONS AND USES 5.1 Permitted Uses. The lots within Billion Plaza are assigned a land use designation as listed in Section C-1.7.2.1. Not all of such uses will be permitted on all Lots, and Declarant shall determine in its sole discretion which uses will be permitted on which Lots. Such approved uses shall be performed or carried out entirely within a building that is designed and constructed so that the enclosed operations and uses do not cause or produce a nuisance to other Lots or property, such as, but not limited to, vibration, . sound electro-mechanical disturbances, electro-magnetic disturbances, radiation, air or water pollution, dust, or emission of odorous, toxic or nontoxic matter (including steam). Certain activities which cannot be carried on within a building may be permitted, provided Declarant specifically consents to such activity in writing and further provided such activity is screened so as not to be visible from neighboring property and streets. All . lighting is to be shielded so as not to be visible from neighboring property. 5.2 Prohibited Uses. The following operations and uses shall not be �S permitted on any property subject to this Declaration: (a) Junk yards, wrecking yards or recycling facilities; (b) Mining, drilling for or removing oil, gas or other hydrocarbon substances; r (c) Refining of petroleum or of its products; B-14 (d) Commercial excavation of building or construction materials; provided that this prohibition shall not be construed to prohibit any excavation necessary in the course of approved construction pursuant to Article III; (e) Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or other refuse; (f) Fat rendering; (g) Stockyard or slaughter of animals; (h) Smelting of iron, tin, zinc or any other ore or ores; (i) Cemeteries; (j) Jail or honor farms; (k) Labor or migrant work camps; (1) Truck terminals; or (m) Automobile, motorcycle or quarter-midget race tracks and other vehicle endurance or race tracks. The foregoing list is not exhaustive, and a proposed use which does not come within the prohibited categories described above shall not necessarily be deemed acceptable, but is still subject to the discretion of the Declarant as provided in Section 5.1. . 5.3 Nuisances. No nuisance shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any adjacent Lot, or property or to.its occupants. A "nuisance" shall include, but not be limited to, conditions specifically defined by the Guidelines relating to air or water pollution, radiation, noise and ground vibration. 5.4 Waterways. The Owner or Occupant of an Lot shall at all times Y P Y conduct its use and activities in a manner that will preserve the integrity of waterways within the Common Area including the prevention of any degradation of water quality, any reduction or increase in the flow of said waterways, any damage to the streambed or banks of said waterways. The B-15 Owner or Occupant of any Lot shall not conduct or permit the conduct of the following activities: (a) The discharge of any liquid, solid, or gas into waterways; ( ) The use of any b fertilizers or herbicides other than those specifically approved by Declarant; or the polluting of waterways; or (c) Any refuse .encouraging activities. 5.5 Condition of Property. The owner or Occupant of any Lot shall at all times keep it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own expense, in all respects with all applicable governmental, health, fire and safety ordinances, regulations, requirements and directives and the Owner or Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such Lot. 5.6 Maintenance of Grounds. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways and landscaping on his Lot. Such maintenance and repair shall include, without limitation: (a) Maintenance of all parking areas, driveways and walkways in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefor as shall, in all respects, be equal thereto in quality, appearance and durability; the removal of debris and waste material and the washing and sweeping of paved areas as required; painting and repainting of striping markers and directional signals as required; (b) Cleaning, maintenance and relamping of any external lighting fixtures except such fixtures as may be the property of any public utility of government body; and . (c) Performance of all necessary maintenance of all landscaping including the trimming, watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead of waste materials, replacement of any dead or diseased grass, ground cover, shrubs or trees. Nothingcontained herein shall preclude an Owner from recovering from any person liable therefor, damages to which such Owner. B-16 i � might be entitled for any act or omission to act requiring an expenditure by the Owner for the maintenance and repair of the parking area, driveway, walkway and/or landscaping on his lot. (d) Unless the Owner or Occupant personally performs the maintenance required hereunder, each owner and occupant shall contract with the Declarant, the Association, or other contractor for performance of all landscaping and parking lot maintenance required hereby, and shall keep continuously on file with Declarant a copy of the current maintenance agreements. 5.7 Remedies for Failure to Maintain and Repair. (a) Remedies. If any Owner shall fail to perform the maintenance and repair required by Section 5.6, then Declarant, after fifteen days' prior written notice to such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and to charge the delinquent Owner with the cost of such work together with interest thereon at an annual rate equal to the maximum rate allowed under Montana law from the date of Declarant's advancement of funds for such work to the date of reimbursement of Declarant by Owner. If the delinquent Owner shall fail j to reimburse Declarant for such costs within ten days after demand therefore, Declarant may, at any time within two years after such advance, file for Record a claim of lien signed by Declarant for the amount of such charge together with interest thereon. The lien created by this section shall be effective to establish a lien against the interest of the delinquent Owner in his Lot together with interest at the rate provided above on the amount of such advance from the date thereof, in addition to recording fees, cost of title search obtained in connection with such lien or the foreclosure thereof and court costs and reasonable attorney's fees which may be incurred in the enforcement of such a lien. (b) Foreclosure of Lien. Subject to the provisions of Article XIV, such a lien, when so established against the Lot described in said claim, shall be prior or superior to any right, title, interest, lien or claim which may be or may have been acquired in or attached to-the real property interests subject to the lien subsequent to the time of filing this Declaration. Such lien shall be for the benefit of Declarant and may be enforced and foreclosed in a like manner as a real estate mortgage is foreclosed in the State of Montana. (c) Cure. If a default for which a notice of claim of lien was filed is cured, Declarant shall file or record a rescission of such notice, upon B-17 payment by the defaulting Owner of the costs of preparing and filing or recording such rescission, and other reasonable costs, interest or fees which �- have been incurred. (d) Nonexclusive Remedy. The foregoing lien and the rights to foreclose thereunder shall be in addition to, and not in substitution for, all other rights and remedies which any party may have hereunder and by law, including any suit to recover a money judgment for unpaid assessments. If any Owner shall fail to perform such maintenance and repair and, notwithstanding such failure, Declarant should fail to exercise its rights and remedies hereunder, then, the Association, any other Owner, after fifteen (15) days' prior written notice to Declarant and such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and shall have the same rights and remedies with respect thereto as are provided herein to the Declarant. 5.8 Refuse Collection Areas. All outdoor refuse collection areas shall be visually screened so as not to be visible from neighboring property or streets as per the Bozeman Zoning Code. No refuse collection area shall be permitted between a street and the front of a building. 5.9 Repair of Buildings. No building or structure upon any Lot shall be f permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. 5.10 Public Utilities. Declarant reserves the right to grant consents for the construction and operation of public utilities including, but not limited to, interurban or rapid transit, freight railways, lines for electricity, telephone or telegraph, above or below ground conduits, and gas pipes in and upon any and all streets now existing or hereafter established upon which any portion of the Property may now or hereafter front or abut. Declarant reserves the right to grant consents and to petition the proper authorities for any and all street improvements such as grading, seeding, tree planting, sidewalks, paving, sewer and water installation, whether it be on the surface or subsurface, which in the opinion of Declarant are necessary on or to the Property. Notwithstanding the provisions of Section 3.2, Declarant reserves the right to approve above ground utility lines across the Property or any portion thereof on a temporary basis for the purpose of construction, and such lines shall be permitted when required by a government agency. B-18 5.11 Utility Lines and Antennas. No sewer, drainage, or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals including telephone, television, microwave or radio signals, shall be constructed, placed or maintained anywhere in or upon any portion of the Property other than within buildings or structures unless the same shall be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. No antenna for the transmission or reception of telephone, television, microwave or radio signals shall be placed on any Lot within the Property without the prior written approval of Declarant. Nothing contained herein shall be deemed to forbid the erection or use of temporary power to telephone facilities incidental to the construction or repair of buildings on the Property. 5.12 Mechanical Equipment. All mechanical equipment, utility meters, storage tanks, air conditioning equipment and similar items shall be screened with landscaping or attractive architectural features integrated into the structure itself. 5.13 Mineral Exploration. No portion of the Property shall be used in any manner to explore for or to remove any steam, heat, oil or other hydro- carbons, gravel, earth or any earth substances or other minerals of any kind, provided, however,, that this shall not prevent the excavation of earth in connection with the grading or construction of improvements within the Property. Water may be extracted by Declarant to the extent permitted by the appropriate governmental agency. 5.14 Other Operations and Uses. Operations and uses which are neither specifically prohibited nor specifically authorized by this Declaration may be permitted in a specific case if operational plans and specifications are submitted to and approved in writing by the Declarant in accordance with the procedures set forth in Article III of this Declaration. Approval or disapproval of such operational plans and specifications shall be based upon the effect of such operations or uses on other property subject to this Declaration or upon the Occupants thereof, but shall be in the sole discretion of the Declarant. 5.15 Certified Operator. It will be required of the Billion Plaza Owners Association to retain an operator licensed by the State to oversee and maintain all operations within the Development as required by the State Department of Health and Environmental Services. It will be the operator's responsibility to maintain all sewer and water facilities to the standards of the B-19 State and in compliance with all additional standards agreed upon with the City of Bozeman. 5.16 Maintenance and Repair of Improvements All maintenance of sewer and water and road facilities will be the responsibility of the Billion Plaza Homeowners Association, including all improvements within the Public Right of Ways, open space, common area,developable lots exclusive of seperate services. ARTICLE VI EASEMENTS AND WATER RIGHTS 6.1 Reservation of Easements. Declarant hereby reserves easements over and across the Property for the following purposes: (a) To install, maintain, operate, repair and replace the storm drainage retention system for the Property, including all pumps, motors, - pipes and culverts, filters, screens, and other equipment used in connection therewith, and the beds and banks of any creek, pond or waterway constituting a part of the storm drainage system. The location of the easement for the storm drainage retention system and waterways is more specifically described in an Easement granted to the City of Bozeman dated ,recorded as document ,records of Gallatin County, Montana. Declarant reserves the right to amend and relocate portions of the easement reserved by this paragraph within Lots then owned by Declarant at any time, by recording an amended easement exhibit, certified as such by the Declarant. (b) To maintain landscaping and the landscaping irrigation system installed within the Common Areas, including watering, mowing, trimming, pruning, fertilizing, mulching and replacing trees, shrubs, ground covers and other planting materials. (c) To drill, equip, maintain, repair and replace wells and pipes and other conduits therefrom for underground water pursuant to the water rights hereafter reserved, to be used by Declarant for the benefit of the Properties; provided that no such water well or conduit may be drilled or located by Declarant in any portion of the Property occupied by an Improvement, or for which Declarant has approved as Improvement. (d) Reference utility easement on Subdivision Plat, Exhibit A. B-20 Exhibit A. (e) Linear Trail: 15' Public Access Trail and Bike Path Easement, 6.2 Water Rights. All water rights, both surface and underground, whether represented by shares of stock in irrigation, water or ditch companies, or otherwise, in the Property are hereby reserved by Declarant for use (i) in connection with waterways and creeks, (ii) the maintenance of Common Areas, and (iii) maintenance of other required landscaping on the Properties and (iv) such other uses as may be permitted by Declarant, the priority of such uses to be in the order listed. Subject to the availability of water for such uses, Declarant will license the Association, Owners or Occupants to use such water in connection with the development of Lots in the Property, providing such licensees agree to bear their share of the costs of providing such water, apportioned as Declarant in its sole discretion may determine. The Declarant reserves the right to charge or to authorize a charge J to use such water in connection with the development of Lots or the maintenance of landscaping in Common Areas or on the Property. ' 6.3 Reservation and Assignment. The foregoing easements and water rights shall be deemed to have been reserved by Declarants for the benefit of the Property, whether or not conveyances of Lots within the Property specifically except or reserve the same. Declarants may assign, but shall not be obligated to assign, the easements and the water rights, or either of them to the Association. ' ARTICLE VII BILLION PLAZA OWNERS ASSOCIATION 7.1 Purpose of Association. The Association has been formed as a nonprofit corporation in accordance with Chapter 2 of Title 35, Montana Code Annotated for the purpose of enforcing these covenants and maintaining the storm drainage retention system, sewer system, water system, and landscaping in Common Areas, as required or allowed under this Declaration, and, at the option of the Association, providing security services to Owners and Occupants of Lots within the Property. 7.2 Membership in Association. All Owners of Lots in the Properties shall be members of such Association and shall be bound by the provisions of the articles and bylaws of the Association. Association membership shall be appurtenant to and may not be separated from the ownership of any Lot. The B-21 ♦J Association shall have one class of members. Each member shall be entitled to one vote for each acre or major fraction thereof owned except that each Lot shall entitle the Owners thereof to at least one vote. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more votes be cast with respect to any Lot than the Owner thereof is given by this Section. The subdivision of any Y Y Lot b an Owner other than the Declarant whether such subdivision is effectuated by the filing of an amended plat, minor plat, condominium declaration, other unit ownership declaration, or a similar plat, survey or document, shall not increase the number of votes associated with the Lot as it existed prior to such subdivision, and the Owner or Owners of such lots or units shall collectively be entitled to only the number of votes that is associated with the Lot or Lots to which the plat or declaration relates. Notwithstanding the foregoing, the Declarant shall be entitled to subdivide any Lot or Lots by any of the above mentioned methods and shall further be entitled to increase the. number of votes associated with the Lot or Lots to which the plat or declaration relates in an amount as Declarant shall, in its discretion, consider proper. Membership and the number of votes associated with the Owner's Lot or Lots shall be represented by a certificate, but the execution and delivery of such certificate shall in no event entitle the holder to sever membership in the Association from the fee simply title to the Lot or Lots. 7.3 Assessments. The Declarants hereby covenant and each subsequent ' owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (a) Annual assessments or charges, based upon the following: (1) Assessments for the costs of maintaining the water and sewer systems, storm system drainage retention system, including the ponds, waterways and creek, and landscaping with the easement for such system, and any assessments for any purpose other than as set forth in subparagraphs (2) and (3) of this Section 7.3(a), shall be based on the ratio of the number of square feet in each Lot to the total number of square feet in all of the Lots subject to the terms of this Declaration. (2) Assessments for the costs of maintaining the landscaping installed within those portions of the Common Areas described B-22 in subsections (ii), (iii), (iv), and (v) of Section 1.4 hereof, if such maintenance is provided by the Association, shall be determined as follows: Each Lot shall be assessed that proportion of the total costs of such maintenance equal to its percentage of all non-common area within Billion Plaza. In addition, if the underground sprinkler system maintained by the Association, the Association may assess the cost of maintaining, and supplying water to, the sprinkler system for such landscaping to the Lots upon which it is located on a uniform cost per square foot of area so served, as determined annually by the Association. (b) Special assessments for capital improvements, such assessments to be determined, established and collected as here-in-after provided. (c) In addition to the foregoing assessments,g g an initial capital contribution to the Association in an amount equal to the sum of ONE CENT ($0.01) per square foot of land contained in any Lot, which initial capital contribution shall be paid at the time of closing on the first sale or transfer of the Lot from the Declarant or his successors and assigns. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and failure by any Owner to pay the same shall entitle the Association to file a lien upon the property against which each such assessment is made in the Office of the Clerk and Recorder of Gallatin County, Montana, for such unpaid and delinquent assessments, interest, costs and attorney's fees. Such lien shall be prior and superior to any right, title, interest lien or claim which may have been acquired in or attached to the real property interests subject to the lien subsequent to each such assessment, together with interest, costs and reasonable attorney's fees and shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Assessments shall be fixed in amount based upon the estimated costs for the ensuing period, and levied by the Board of Directors of the Association and shall be billed on a quarterly basis with notice of the same to be mailed to each property Owner on or before the first days of January, April, July and October each year. All assessments shall be due thirty (30) days after the date of mailing. The Association has the authority to impose reasonable charges for interest and penalties for overdue payments. 7.4 Liens. Liens for unpaid assessments may be foreclosed in the same manner as a property on mortgage realand the Association shall be entitled B-23 in any such foreclosure proceedings to recover its court costs, expenses, and reasonable attorney's fees. 1 7.5 Limitations on Board Authority. Notwithstanding the authority of the Association's Board of Directors to levy assessments, the Directors must have the assent of one-half (1/2) of all votes, as defined above, voting in person or proxy at a meeting duly called for the purpose, before taking any of the following actions: (a) Making any assessment for a capital improvement costing in , excess of$5,000.00; (b) Borrowing money on behalf of the Association in an amount in excess of $5,000.00, or mortgaging or encumbering any property of the Association to secure any such indebtedness; (c) Selling or otherwise disposing of any property of the Association with a value in excess of $5,000.00. 7.6 Meetings. Written notice of any meeting called for the purpose of any action authorized under Section 7.5 hereof, shall be mailed to all members not less than thirty (30) days nor more than sixth (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitle to cast fifty (50) percent of all votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at any subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 7.7 Indemnification. Each officer, director and former officer and director of the Association shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him in any proceeding to which he maybe a party, or in which he may become involved by reason of his being or having been an officer or director of the Association, or any settlement thereof, whether or not he is an officer or director at the time such expenses are incurred, except in such cases wherein such officer, director or committee member is adjudged guilty of willful malfeasance in the performance of his duties. The Association may procure and maintain insurance against such liabilities, or such kind and amount as its Board of Directors may approve. B-24 ARTICLE VIII MODIFICATION AND REPEAL 8.1 Procedure. Except as otherwise provided in Section 8.2, this Declaration or any provision hereof, or any covenant, condition or restriction contained herein, may be terminated, extended, modified or otherwise amended, as to the whole of the subject property or any portion thereof, with the written consent of the Owners of sixty percent (60%) of the Property, based ' upon the number of square feet owned as compared to the total number of square feet subject to these covenants, conditions and restrictions (excluding dedicated streets); provided, however, that so long as Declarant owns at least twenty percent (20%) of the property subject to these covenants, conditions and restrictions, or for a period of twenty (20) years from the effective date hereof, whichever period is shorter, no such termination, extension, .� modification or other amendment shall be effective without the written approval of Declarant, which approval shall not be unreasonably withheld. No such termination, extension, modification or other amendment shall be effective until a proper instrument in writing has been executed, acknowledged and recorded. Such modification or amendment shall be approved by the appropriate agency of the City of Bozeman and Gallatin County. 8.2 Modification by Declarant. For so long as Declarant owns any interest (excepting a leasehold interest) in the Property, or any part thereof, or for a period of fifteen (15) years from the effective date hereof, whichever period is shorter, Declarant acting alone may modify or amend the provisions of Articles III, IV and V; provided, however, that (i) any such modification or amendment must be within the spirit and overall intention of the development as set forth herein; (ii) prior to any such modification or amendment Declarant shall obtain the approval of any governmental agency to such modification or amendment where such approval is necessary; and (iii) any modification or amendment shall not provide .for any type of improvements or use prohibited by this Declaration. No such modification or amendment shall be effective until the Owners have been given thirty (30) days' prior written notice of the proposed change, and proper instrument in writing has been executed, acknowledged and recorded. B-2 5 ARTICLE IX ENFORCEMENT 9.1 Abatement and Suit. The Owner of each Lot shall be primarily liable, and the Occupant, if any, secondarily liable for the violation or breach of any covenant, condition, or restriction herein contained. Violation or breach of any covenant, condition or restriction herein contained shall give to Declarant, or the Association, following thirty (30) days' written notice to the Owner or Occupant in question except in existing circumstances, the right, privilege and license to enter upon the Lot where said violation or breach , exists and .to abate and remove summarily, or abate or remove, at the expense of the Owner or Occupant thereof, any Improvement, structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied, or to recover damages for said violation. No such entry by Declarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association nor their agents shall be subject to liability to the Owner or Occupant of said Lot for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on any Owner or Occupant in violation of any Provision of this Declaration, as well as a lien (enforceable in the same manner as a mortgage) upon the Lot in Question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot in question unless a suit to enforce said lien shall have been filed in a court of record in Gallatin County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the Lot in question to such purchaser or mortgagee respectively. 9.2 Right of Entry. During reasonable hours and upon reasonable notice, and subject to reasonable security requirements, Declarant, the Association or their agents, shall have the right to enter upon and inspect any Lot and the Improvements thereon covered by this Declaration for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor the Association nor their agents shall be deemed to have committed a trespass or their wrongful act by reason or such entry or inspection. . B-2 6 9.3 Deemed to Constitute a Nuisance. The result of every act or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or in equity against an Owner or Occupant either public or private, shall be applicable against every such result and may be exercised by Declarant or the Association. 9.4 Attorney's Fees. In any legal or equitable proceeding for the enforcement of this Declaration or any provision hereof, whether it be an action for damages, declaratory relief or injunctive relief, or any other action, the losing party or parties shall pay the attorney's fees of the prevailing party or parties, in such reasonable amount as shall be fixed by the court in such proceedings or in a separate action brought for that purpose. The prevailing party shall be entitled to said attorney's fees even though said proceeding is settled prior to judgment. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. 9.5 Failure to Enforce is No Waiver. The failure of Declarant to enforce any requirement, restriction or standard herein contained shall in no event be deemed to be a waiver of the right to do so thereafter or in other cases, nor of the right to enforce any other restriction. 1 ARTICLE X ASSIGNMENT Any and all of the rights, powers and reservations of Declarant herein contained may be assigned to any person, partnership, corporation or association which will assume the duties of Declarant pertaining to the particular rights, powers and reservations assigned, and upon any such person, partnership, corporation or association evidencing its consent in writing to accept such assignment and assume such duties, he or it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. If at any time Declarant ceases to exist and has not made such an assignment, a successor to Declarant may be appointed in the same manner as this Declaration may be modified or amended under Section 8.1. Any assignment or appointment made under this article shall be in reasonable form and shall be Recorded. B-27 i ARTICLE XI CONSTRUCTIVE NOTICE AND ACCEPTANCE Every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, -- condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person ' acquired an interest in the Property. ARTICLE XII WAIVER Neither Declarant nor its successors or assigns shall be liable to any Owner or Occupant of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of any said property by acquiring its interest therein agrees that it will not bring any action or suit against Declarant to recover any such damages or to seek equitable relief because of same. ARTICLE XIII RUNS WITH LAND All covenants, conditions, restrictions and agreements herein contained are made for the direct, mutual and reciprocal benefit of each and every Lot of the Property; shall create equitable servitudes upon each Lot in favor of every other Lot; shall create reciprocal rights and obligations between respective Owners and Occupants of all Lots and privity of contracts and estate between all grantees of said Lots, their heirs, successors and assigns; and shall, as to the Owner and Occupant of each Lot, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other Lots, except as provided otherwise herein. ARTICLE XIV RIGHTS OF MORTGAGEES 14.1 Subordination of Liens to Mortgages. The Associations and the Declarant's liens, including but not limited to, those for non payment of B-28 assessments, interest and costs shall be subject and subordinate to first Mortgages. On any sale upon foreclosure of a first Mortgage, or delivery of a deed to the Mortgagee in lieu of foreclosure of a first Mortgage, the Association's and Declarant's liens automatically shall be extinguished without the necessity of any instrument or release or satisfaction, but such extinguishment shall not relieve any former Owner from personal liability for such assessment, interest or costs. No other conveyance of a Lot shall extinguish such assessment liens. 14.2 Foreclosing Mortgagee Not Liable for Prior Assessments. Any First Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage, or through foreclosure of the mortgage, or through a deed in lieu of foreclosure, will not be liable for such lot's unpaid assessments which accrue prior to the acquisition of title to such Lot by the Mortgagee. The former Owner shall, however, remain liable for the payment of such assessments and the purchaser at the foreclosure sale or the grantee of a deed in lieu of the foreclosure shall be obligated to pay all assessments accruing subsequent to acquiring title. ' 14.3 Limitation on Certain Actions by the Association. Unless at least fifty percent (50%) of the votes of holders of Mortgages and Owners or unencumbered Lots are cast in favor, the Association shall not be entitled to: (a) change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. (b) Use hazard insurance proceeds for losses to any Common j Area for other than the repair, replacement or reconstruction of the Common Areas, except that insurance proceeds in excess of the amount required to repaid, replace or reconstruct the Common Area may be used as general funds 1 of the Association. 14.4 Payment of Taxes on Common Areas. Mortgagees of Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge or lien against any Common Area and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Common Area. Mortgagees making such payments shall be owed immediate reimbursement from the Association and any sums not thus paid shall bear interest at a rate equal to the Maximum rate allowed under Montana law. B-29 i i 14.5 Establishment of Reserves. The Association's assessments shall include an adequate reserve fund for maintenance, repairs and replacement 1 of those elements of the Common Area that must be replaced on a periodic basis. ARTICLE XV CAPTIONS The captions of articles and sections herein are used for convenience only and are not intended to be a part of this Declaration or in any way to I define, limit or describe the scope and intent of the particular article or section to which they refer. I ARTICLE XVI SEVERABILITY If any part, term or provision of these covenants is held to be illegal or unenforceable, the validity of the remaining portions shall not be affected. B-3 0 c DEVELOPMENT GUIDELINES 1 BILLION PLAZA BOZEMAN, MONTANA f PREFACE DEVELOPMENT The development of each site within Billion Plaza is controlled and restricted by the Declaration of Covenants, Conditions and Restrictions for the Plaza (hereinafter referred to as the "CC&R's"), as well as applicable governmental codes and regulations. The City of Bozeman has adopted a set of minimum ordinances governing City development where the Park is located. The City Ordinances prescribe the minimum standards that necessitate high quality -development. The CC&R's are directed towards achieving the desired character and quality of site development that will provide an attractive and desirable Commercial Development and will set the Plaza apart from other developments. PURPOSE ' The purpose of these Development Guidelines is to amplify and further define the requirements which are specifically stated in the CC&R's. These Guidelines are intended to supplement the CC&R's as an aid in the submittal of plans for approval by providing more detailed information on which to , develop plans and on which to base a review. Any specific conflicts between CC&R's, Design Guidelines, and governmental codes and regulations should be brought to the attention of the Declarant. In the event of any such conflicts, the priority of compliance is first with governmental codes and regulations, second with the CC&R's, and last with the Design Guidelines. The Owners or Lessees of each site within the Plaza should familiarize themselves with the intent and requirements of the CC&R's, these Guidelines and all applicable governmental codes and regulations. They should implement, through their architects, all those provisions applicable to their specific site developments. This will allow expeditious completion of the design review process described in the CC&R's. C-1 L 1.0 BILLION PLAZA Billion Plaza is a collection of commercial sites brought together in an g g open space setting within the Gallatin Valley of southwestern Montana. The intent of these Development Guidelines to to protect and enhance this i natural environment while creating a distinctive and creative, coordinated commercial atmosphere of harmonious uses. These Guidelines outline the comprehensive design intentions of the Billion Plaza for the benefit of the tenants within the Plaza as well as the surrounding community. 1.1 LOCATION Billion Plaza is located adjacent to the City of Bozeman, Montana. 1.2 IMMEDIATE SETTING The Billion Plaza is located on the western edge of Bozeman. The site is adjacent to U.S. 191 (Main Street) on the south and Cottonwood Road to the ' east. The Plaza offers unobstructed vistas of the Hyalite Range and Spanish Peaks toward the south. ' 1.3 MASTER PLAN AND STREETSCAPE The master plan of the Plaza is organized around the two interior streets, namely Plaza Drive and Competition Drive. The two major access points into the Plaza occur along Cottonwood Road on the eastern boundary of the Plaza. Open space, landscaping, signage and lighting create a distinctive entrance to the Billion Plaza. All of the structures will front on one or more of the interior streets. The comprehensive landscape requirements outlined in these Development Guidelines strive to protect and strengthen the natural beauty of the Billion Plaza site. An open space landscaped zone has been created to protect the distinctive setting of the Plaza. Also, landscaped areas are created along the streets and between adjacent lots. 1.4 PLANNING AND ZONING As Billion Plaza is within the City of Bozeman, all development and improvements within the Plaza are subject to the conditions and requirements of the Bozeman Zoning Ordinance and adopted city building codes. The Bozeman Planning staff and Building Department will review all improvements as noted in these Development Guidelines. All improvements to lots within the Billion Plaza shall conform to the zone C-2 requirements and P.U.D. Guidelines of the Bozeman Zoning Ordinance and Guidelines contained herein. 1.5 RUNOFF MANAGEMENT REQUIREMENTS A system of surface runoff retention has been designed for Billion Y g Plaza by the engineering firm of Gaston Engineering. Refer to Exhibit B of the CC&R's-for a description of this system. 1.6 ENGINEERING AND UTILITIES Street improvements, underground utilities including water service, Storm drainage and sanitary sewer service will be installed. Telephone, electrical, and natural gas mains will be installed by the private utility companies. The developer improvement designs were prepared by Gaston Engineering. 1.7 PERMITTED AND PROHIBITED USES To achieve the objective of the Plaza as a high quality commercial , environment and to further the goal of the development to have a mixture of uses in the development plan, the CC&R's identify uses that are permitted and prohibited within the.Plaza. The objectives and guidelines related to Permitting and prohibiting uses are outlined below. In addition, the permitted and prohibited uses, as contained in the CC&R's, are restated. 1.7.1 OBTECTIVES .1 To permit commercial uses whose facility development and maintenance will contribute to the perception of the Plaza as a quality commercial park. .2 To permit commercial uses which do not, through their operation, produce objectionable visual, audible odorous or vibrational outputs. .3 To permit commercial uses which' are compatible with one another and compatible with the existing or planned uses surrounding Billion Plaza. C-3 .4 To permit commercial uses which will not create excessive burdens upon Billion Plaza or the City of Bozeman transportation and utility system. 1.7.2 GUIDELINES 1.7.2.1 Permitted Uses Within the Plaza The following operations and uses are permitted within the Plaza. ' .1 Auto-Related Uses: -Automobile, Recreational Vehicles, or boat sales and/or rentals. -Automobile Supply Store -Automobile Repair Facilities -Automobile Washing Establishments -Automobile Detailing Establishments ' -Automobile Wholesale Distributors with/without retail outlets -Upholstery shops t .2 Business Park Uses: Principle Uses - =Administrative and research office facilities -Essential services (type I) -Laboratories, research and diagnostic -Manufacturing, light, and completely indoors -Pilot plants -Professional and business offices -Prototype development -Technology research establishments -Temporary buildings, for the during construction only tConditional Uses - -Day care centers (if oriented to the employees of the development) -Essential services (type II) -Health and exercise establishments t C-4 t 1 .3 Light Manufacturing and assembly compatible with the intent of Billion Plaza: -Manufacturing, light, and completely indoors -Warehousing, Storage .4 Commercial Uses: Low traffic-generating retail uses (100 A.D.T/acre maximum) offering specialized sales, supplies, and services (including but not limited to): -Business related sales and service (office ' equipment, etc.) -Medical Emergency Services -Medical Equipment Sales Frozen Food Locker and Storage Rental -Equipment sales and service , -Essential Services -Rental Equipment 1.7.2.2 Prohibited Uses - The following operations and uses , shall not be permitted on any parcel with the Plaza. .1 Junk yards or recycling facilities; .2 Drilling or removing oil, gas, or other hydrocarbon substances; .3 Refining of petroleum or of its products; .4 Petroleum storage yards; .5 Commercial excavation or storage of building , or construction materials; provided, that this prohibition shall not be construed to prohibit any excavation necessary in the course of approved building construction pursuant to Article III of the CC&R's; .6 Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or other refuse; .7 Fat rendering; .8 Stockyard or slaughter of animals; .9 Smelting of iron, tin, zinc, or any other ore, or 1 C-5 i i ores; .10 Cemeteries; .11 Jail or honor farms; .12 Labor or migrant worker camps; .13 Truck terminals (as primary permitted uses) 2.0 APPROVALS AND SUBMITTALS 2.1 PLAN REVIEW PROCESS ' In order to insure that the design standards for the Billion Plaza contained in these guidelines are achieved, a series of plan submissions will be required at different stages of the design process. The number of plan submissions will vary depending upon the complexity and timing of a proposed development. Plan submissions will also be required for significant revisions, alterations, additions, or change of use for approved or existing developments with the Park. ' Required plan submissions shall be submitted to the Billion Plaza Design Review Committee (BP,DRC) consisting of 1) the Declarant or his authorized representative, 2) a Civil Engineer, 3) an Architect, and 4) a Planner Landscape Architect or Designer. Each stage of plan submission will ' require three (3) sets of plans containing the specific information described below. The-plan submission for each new development and each significant revision, alteration, addition, or change of use shall be accompanied by a Review Fee as defined in Section 2.1.1. 2.1.1 Review Fee. An Architectural and Site Plan Review Fee shall be paid to the Declarant at such times as when plans and specifications are initially submitted to the BP.DRC in an ' amount equal to one cent (10 per square foot within each building to be included in the proposal development, but not less then five hundred dollars ($500.00). The review fee shall 1 include the review of the master plan (if applicable), preliminary plans, and construction documents. Review fees for revisions, alterations, or'change of use shall be at the prevailing rates charged the Declarant for time and materials required by members of the BP.DRC. Any of the fee not used for review will be returned to the applicant. The BP.DRC will be established by the Declarant to review all required plan submissions. All submitted plans will be reviewed by the BP.DRC for C-6 acceptability of design and compliance with the CC&R's and these Design Guidelines. Upon completion of review by the BP.DRC, one set of submitted plans will be returned to the applicant along with a letter summarizing comments, recommendations, requirements, and findings. The returned plans will be marked "APPROVED", "APPROVED SUBJECT TO CONDITIONS", or "NOT APPROVED" with the following intended meanings: 2.1.2 "Approved" Documents so marked permit the applicant to proceed to the , next stage of the approval process provided the applicant complies with the conditions specified by the BP.DRC. If the , applicant takes exception to the specified conditions, the applicant must do so in writing by certified mail addressed to the Declarant within ten (10) days from the date of the applicant's receipt of return documents. Unless such action is taken, BP.DRC will assume that all conditions are acceptable to and approved by the applicant. , 2.1.4 "Not Approved" Documents will be returned to the applicant with comments , describing the basis for disapproval. Revised documents must be resubmitted if approval is sought. Approval of the applicant's plans, specifications, calculations, or work shall not constitute an implication, representation, or , certification by Declarant that the above items are in compliance with applicable statues, codes, ordinances, or other regulations. , Design Guidelines are in no way intended to supersede any applicable statutes, codes, ordinances, or regulations of controlling governmental jurisdictions. Should it be discovered that any portions of the Billion Plaza CC&R's or Design Guidelines encourage violation of applicable statutes, codes, ordinances, or other governmental regulations, those discrepancies should be brought to the immediate attention of the Declarant and the City of Bozeman. The applicant shall have the sole responsibility for compliance with all applicable statutes, codes, ordinances, or other regulations for all work performed C-7 i 1 on the premises by or on behalf of the applicant. (See Page C-2, Section 1.4) 1 2.2 BILLION PLAZA - SCHEMATIC DESIGN SUBMITTAL Submission of a schematic master plan will be required for development 1 planned to be constructed in a single phase or in separate phases over a period of time. In either case, the applicant's plans and supporting documents should clearly illustrate any proposed development as being sensitive to the design concepts and general intent of the Master Plan. Satisfactory development of the schematic master plan shall prevent the need for major revisions during the later design phases, while saving valuable time and expense. The schematic plans are to be submitted and approved before preliminary plans are submitted. The schematic plan submission shall describe, but not be limited to, the following: 2.2.1 General Considerations .1 Schematic layout of all buildings and structures, roads and parking areas illustrating their relationship to the property being developed and its interface with adjacent properties within Billion Plaza. .2 A description of the use of each building, type of occupancy, including an estimate of the number of employees. .3 Phasing plan, if applicable, describing phasing of the ultimate ' master plan development illustrating the extent of and completion of each phase. 2.2.2 Engineering Considerations .1 Conceptual grading and drainage. .2 Conceptual utilities layout (water, sanitary sewer, storm drainage, electrical, and telephone services, etc.). .3 A calculation of the impervious surface coverage as required b P g q Y the City of Bozeman and other applicable agencies. 2.2.3 Circulation and Parking Considerations: C-8 .1 Interfaces with off-site circulation including the location and design of all access drive curb cuts or interlot circulation. .2 Configuration of parking and vehicular circulation including guest, employee, and handicap parking. .3 Dimensions of parking stalls, parking aisles, and driving lanes. .4 Total parking provided. .5 Calculation demonstrating total parking required. , .6 Provision for handicapped parking, drop-off zones, and primary ' building entry. L .7 Description of loading and service areas including: .1 Truck service and loading dock areas. .2 Truck and service vehicle circulation areas. .3 Trans enclosure areas. .4 Exterior storage areas and location of screening devices. , .5 Location of screening devices for truck and service areas. 2.2.4 Architectural Considerations: .1 Building footprint , .2 Overhangs .3 Net floor area .4 Floor/area ratio - area of all floors/gross lot area , .5 Descriptions or sketches of the architectural design concept including intended character and materials .6 Building height 2.2.5 Landscaping_Considerations .1 Concept planting plan .2 Concept landscape grading and drainage plan .3 Preliminary plant list .4 Calculations and illustration of net area proposed for on-site landscaping C-9 1 5. Calculation and illustration of total site coverage as a function of net lot area to building ground contact area 6 Description of any major landscape development features like plazas, fountains, sculpture, extensive paving, unusual grading, etc. 1 2.2.6 Required Drawings .1 Schematic master plan .2 1 = 20 - 0 minimum scale .3 include: north arrow, bar scale, general topography, road r.o.w.'s, property boundaries, curb lines, etc. While the above information is required for all Schematic Design submissions, it would be desirable for all applicants to utilize all available presentation materials and media in order to fully communicate the intent and design character to the BP.DRC. 1 2.3 ZILLION PLAZA - DESIGN DEVELOPMENT SUBMITTAL The Design Development Submittal is required to give a complete indication of the design, character and extent of the proposed immediate development. This phase of submittal is an important stage at which time most design and site related considerations can be clarified, corrected, or revised before finalization. A copy of these documents will be submitted to the City of Bozeman Building Department as well as to the PB.DRC. The Preliminary Design is to be submitted and approved before the final Construction Documents are submitted. The Preliminary Design submittal shall include, ' but not limited to, the following: 2.3.1 General Considerations .1 Schematic layout of all buildings and structures, roads and parking lots illustrating this relationship to the property being developed and ' its interface with adjacent properties within the Park. .2 A description of the use of each building, type of occupancy 1 including an estimate of the number of employees. .3 Phasing plan, if applicable, describing phasing of the ultimate master plan development illustrating the extent of and completion of each phase. C-10_ . 1 1 2.3.2 . Engineering Considerations .1 Conceptual grading and drainage g 2 Conceptual utilities layout (water, sanitary sewer, storm , drainage, electrical, and telephone services, etc.) 3 A calculation of the impervious surface coverage as required by the City of Bozeman and other applicable agencies. I 2.3.3 Circulation and Parking Considerations , 1 Interfaces with off-site circulation including the location and design of all access drive curb cuts or interlot circulation. , .2 Configuration of parking and vehicular circulation including guest and employee parking. .3 Dimensions of parking stalls and parking aisles. .4 Total parking provided. .5 Calculation demonstrating total parking required. , 6 Provision for handicapped parking, drop-off zones, and primary building entry. .7 Description of loading and service areas including: ' .1 Truck service and loading dock areas. .2 Truck and service vehicle circulation areas. , .3 Trash enclosure areas. .4 Exterior storage areas and location of screening devices. ' .5 Location of screening devices for truck and service areas. 2.3.4 Architectural Considerations .1 1/8 or 1/4 inch scale main floor plan. .2 1/8 or 1/4 inch scale typical floor plan. .3 1/8 or 1/4 inch scale elevations - two minimum. .4 Building materials described. C-1.1 a 1 .5 Major courtyards. r .6 Net floor area. .7 Floor/area ratio - area of all'floors/gross lot.area. ' .8 Buildings. .9 Solar concepts. .10 General description of structural system indicating materials and concepts. .I1 Mechanical/electrical concepts. 12 Any general interior design concepts such as atriums, sculptures, ' balconies, or enclosed greenhouse design. .13 Signage concepts. .14 Outline specifications. '. 2.3.5 Landscaping Considerations: 1 1" = 20' - 0" layout plan. .2 1" = 20' - 0" landscaping grading and drainage plan. 3 1" - 20' - 0" planting plan/plant material list. 1 .4 1" = 20' - 0" irrigation plan. .5 Construction details as required. .6 Outline Specifications. .7 Summary of: .1 Net area proposed for on-site landscaping. .2 Total site coverage as a function of net lot area ' to building- ground contact area. .8 Pedestrian circulation concept including any major site design features and/or linkages of a proposed development's pedestrian circulation ' plan to adjacent public sidewalks and the common space. The above information is required for all Design Development submissions. ' It would be desirable for applicants to utilize all available presentation materials and media in order to fully communicate th intent and design character to the BP.DRC. ' 2.4 BILLION PLAZA - CONSTRUCTION DOCUMENTS SUBMITTAL All applicants are required to submit copies of the same construction documents to be approved by the City of Bozeman building official, in order to demonstrate the precise construction details for implementing the approved Design Development Plans. The construction document submission requires three (3) sets of the following: 1 _ C-12 .1 Final Grading and Drainage Plan. .2 Architectural, structural, mechanical, plumbing, and electrical drawings. .3 Construction Specifications. , .4 Landscape Development Plans and Specifications including: .1 layout plan. .2 grading and drainage plan. .3 . planting plan/plant material list. .4. irrigation plan. ' .5 construction details as required. 5 Building exterior, signage and site development, graphics plans and ' specifications noting size, location, color, materials, and installation details. 2.5 BILLION PLAZA - ALTERATION, REVISION, ADDITION, OR CHANGE OF USE-PRELIMINARY PLAN SUBMITTAL: Preliminary plans are required to be submitted for any significant revisions, ' alterations, additions, or change of use to approved existing developments within the Park. Preliminary plans for this purpose must be submitted and approved before construction documents are submitted and before the I commencement of construction. Revisions, alterations, additions, or change of use require the submission of , three (3) sets of documents including: 2.5.1 A written description of the nature and extent of the proposed , revision, alteration, addition, or change of use proposed to be undertaken. 2.5.2 Indications of proposed revisions, alterations, additions, or , changes.to: .1 The site plan. ' ..2 The grading and drainage plan. 3 The landscape development plans and outline specifications. t .4 The building elevations including: .1 Wall and roof materials, textures and colors. , .2 Locations of wall mounted signing and lighting. .3 Roof and parapet heights above the ground floor C-13 1 1 line. .4 The profile of any roof mounted mechanical equipment which extends above the roof parapet. .5 The building floor plans. ' 2.5.3 Tabulation of: ' .1 The new total building floor area. .2 .The new site coverage. .3 The new floor/area ratio. .4 The new parking provided. .5 . Calculations demonstrating the new required parking. .6 The new estimated peak employee count. .7 Total landscaped area. .8 Calculation of impervious surface coverage as defined by the City of Bozeman Zoning Ordinance. 2.5.4 Outline specifications of construction materials. 2.6 REVISION, ALTERATION, OR CHANGE OF USE-CONSTRUCTION 1 DOCUMENT SUBMITTAL All applicants are required to submit copies of the same construction documents to be approved by the City of Bozeman building official, in order to demonstrate precise construction details for implementing approved preliminary plans. The construction document submission requires three-* (3) sets of the following: .1 Final Grading and Drainage' Plan. .2 Architectural, structural, mechanical, plumbing, and electrical drawings. .3 Construction specifications. .4 Landscape Development Plans and Specifications including: .1 Layout Plan. .2 Grading and drainage plan. .3 Planting plan/plant list. .4 Irrigation plan. .5 Construction details as required. C-14 1 . 1 .5 Building exterior signage and site development graphics plans 1 and specifications noting size, locations, color, materials, and installation details. ' 2.7 INSTITUTIONAL REVIEW PROCESS In the course of designing proposed developments for lots within the Plaza , additional reviews and approvals will be required beyond Billion Plaza Design Review Process. The following summary of the City of Bozeman ' review and approval processes is included to assist individual applicants in understanding the approximate nature and sequence of those reviews. An understanding of the total review process from the outset, it is hoped, will ' contribute to smoother and more efficient processing of each proposed development. This summary may not be completely indicative of changes within city procedures. r 2.7.1 CITY OF BOZEMAN SITE PLAN REVIEW 2.7.1.1 Submission .1 Submit copies of the site plan, related data, and , application as required in Chapter 18.52 of the Bozeman Zone Code to: Bozeman Planning Office ' P. O. Box 640 Bozeman, MT 59715 .2 The Bozeman City/County Planning Office will not ' process any Application for Site Plan Review until written confirmation from the Billion Plaza Design Review Committee has been received noting that the Billion Plaza Design Review Committee has completed it's review of the submittal and that it 1 complies with the Billion Plaza P.U.D. Land Use Development Guidelines. 2.7.1.2 Review Process .1 The planning staff encourages the applicant to meet informally with them prior to official plan submission. C-15 , 1 1 .2 The planning staff and appropriate review bodies will check the plan for compliance with the Development Guidelines for the Park as well as City of Bozeman Zoning Regulations as per Section 18.52 of the Bozeman Zone 1 Code and in accordance with the Site Plan Review Process. 2.7.1.3 Revisions .1 The applicant has u to six months from final site plan P approval to respond to comment on the plan made by the ' planning staff. After that time, the applicant would have to resubmit the application. 2.7.1.4 Final Submission .1 Submit the appropriate number of site plans required by the City to the planning staff with conditions met. .2 Submit Estimated Cost for Improvements form ' (see example at the end of this section). .3 If all conditions are met in the final site plan, enter into an "Improvements Agreement" with the City of Bozeman (example at the end of this section). .4 After agreement has been signed, the planning staff signs the final site plans and forwards them to the Building Department. ' .5 Applicant has nine months after occupancy to complete the site improvements. .6 If occupancy occurs prior to completion of all site improvements, then the applicant must provide the City with a Letter of Credit for no less than 1-1/2 times the value of the remaining improvements. 2.7.2 CITY OF BOZEMAN BUILDING PERMIT PROCEDURE* 2.7.2.1 Submission C-16 1 1 .1 Submit P copies of all plans and specifications to: P Building Department , P. O. Box 640 Bozeman, MT 59715 , The documents must be stamped by an architect or engineer licensed to practice as such in the State of ' Montana. .2 Approval for the building cannot be granted until ' the signed final site plan has been forwarded by the planning staff. The applicant may submit the building plans prior to site plan approval although S the permit will not be issued until the site plan has been approved. , .3 Plan Check Fees are established by the schedule in the current edition of the Uniform Building Code. ' The valuation of the project will be determined either by the applicants estimate or by the Building Department using the current I.C.B.O. square-foot , cost figures. .4 Building plans must conform to the following standard codes: .1 Uniform Building Code , .2 National Electrical Code .3 Uniform Plumbing Code 4 Uniform Mechanical Code , 2.7.2.2 Review Process .1 The Building Department Plan Review will take up to two weeks. The building permit will be issued following proper compliance with the codes and the , receipt of the approved site plan from the planning staff. .2 An occupancy certificate is required prior to occupying the structure. C-17 1 1 3.0 . SITE PLANNING GUIDELINES 3.1 BUILDING SITE COVERAGE 1 3.1.1 Objectives .1 To insure that the intensity of site development is not excessive or detrimental to the perception of Billion Plaza as a unified commercial development. ' .2 To insure that the intensity of site development does. not overtax utility or transportation systems. .3 To insure that the intensity of site and landscape development does not compromise the aesthetic and visual value of the master plan and its development concepts. 3.1.2 Guidelines: .1 Site coverage shall be limited b restricting im ervious surface g Y g P area to a maximum as defined by the City of Bozeman Zoning Ordinance. 1 .2 LANDSCAPE COVERAGE 3 NDSC CO E GE 3.2.1 Objectives: 1 To insure that at least a minimum portion of a development site is devoted to landscape materials in order to maintain a sense of continuity with adjacent sites and to contribute to the perception of Billion Plaza as a unified commercial development. .2 To insure that at least a minimum of landscape materials are available on a development site in order to contribute to the environmental j well-being of potential uses of each site. .3 To insure that the selection and arrangement of landscape materials used are compatible with the master plan concept and contribute to the development's overall enhancement. C-18 � s s 1 1 3.2.2 Guidelines: 1 A minimum of 30% of the area within the property lines of development sites shall be devoted to landscape materials unless otherwise approved in writing by the Declarant (for additional landscape requirements 1 see Landscape Guidelines Section 5.0). 3.3 BUILDING HEIGHTS ' 3.3.1 Objectives: ' .1 To maintain a reasonable, consistent and compatible height profile throughout Billion Plaza. 3.3.2 Guidelines: .1 The height of all buildings shall be governed by the City of Bozeman Zoning Ordinance at 32' as per the Bozeman Zone Code definition of building height. , 3.4 STREET SETBACK 3.4.1 Objectives: ' .1 To achieve a feeling of openness along the streets. .2 To encourage some regularity of space formed by buildings on either side of a street. ' .3 To achieve a landscaped setting between the street, buildings, and parking areas that suggest a "view corridor" sensitive to both pedestrians and vehicles. .4 To provide for a street-side edge which will have a landscape 1 character that will unify the total development and be sufficiently distinctive in design to differentiate Billion Plaza from other developments. .5 To provide vehicular sight lines which allow discrimination of one business from another. .6 To provide vehicular sight lines which allow safe ingress and egress to properties and safe movement along roadways. ' C-19 3.4.2 Guidelines: .1 No building or parking shall be permitted to be constructed closer than thirty-five (35 ) from the street-fronting property lines unless approved by Declarant and City of Bozeman. Planters, walls, site elements exceeding three feet (3') in height may be permitted in street-side setback areas only with written approval of BP.DRC. Roof overhangs may extend a maximum of 18 inches into setback areas. If any driveways and parking areas are put between the street and the building front, the minimum building ' setback shall be ten feet (10') from the parking lot. ' .2 The areas of each lot between street property lines and the j minimum setback lines shall be landscaped in accordance with City of Bozeman Zoning Ordinance and such landscaping shall remain intact unless alterations are approved in writing by the Declarant and the City of Bozeman. .3 Any remaining setback area shall be fully landscaped in a manner both compatible with and complimentary to the landscape easements, as well as the on-site architecture and landscape design concepts. ' .4 In accordance with the City of Bozeman Zoning Ordinance, corner lots at intersections may have no building, parking, sign, wall, or landscaping over 30 inches in height above top of curb grade located within a triangular area formed by the intersecting lines at points 40 feet distant from the point of intersection as measured along the lot property lines. At private driveways this requirement is reduced to a minimum of fifteen feet (15'). ' 3.5 'INTERIOR PROPERTY LINE SETBACK 3.5.1 Objectives .1 To provide a definite physical separation between buildings on adjoining lots suitable for distinguishing separation of properties and screening one property from the other. .2 To allow businesses on adjoining lots to be individually identifiable. C-20 PY LM ( ra i LN�O6f.I�PNG lISi9 TO O:lNbY 497WAAM 9�DtA7M Cr Peopewn e O VI WSV.I i VIEWS o , INTERIOR PROPERTY LINE SETBACK 3.5.2 Guidelines: , .1 Unless otherwise approved in writing by the Declarant, no building shall be permitted to be constructed closer to an interior property i line than twenty-five feet (25) unless approved by Declarant. In no case will any two buildings have less than a fifty foot (501 separation.. .2 No parking (other than automobile overhangs) shall be permitted to be constructed closer than fifteen feet (151 from an interior property line, unless otherwise approved in writing by the Declarant. .3 All setback areas shall be fully landscaped in a manner both compatible with and complimentary to the Park and associated landscaping easement, on-site architecture and landscape design concepts. 3.6 SETBACK FROM CREEK AND DRAINAGE , 3.6.1 Objectives: .1 To protect the integrity of the property during storm runoff. .2 To contribute to the perception of the opens ace as a natural P P 'park-like' environment. 3.6.2 Guidelines: , .1 No building, sign, or other structure, or development shall be permitted to be constructed within the 35' drainage and detention easement along the drainage ways unless approved in writing by the Declarant. .2 Any parking area that abuts the open space and the associated creek zone shall be screened on the side that faces the open space. Such C-21. 1 t . screening shall consist of landscaping or berming not less than 30 inches in ' height above the surface of the parking area. 3.7 PARKING REQUIREMENTS 3.7.1 ObJectives: .1 To provide sufficient on-site parking to accommodate all vehicles associated. with the use of each lot at any one time, and, therefore, not require vehicles to be parked on public roadways or on lots of other ' companies. 3.7.2 Guidelines: .1 parking h On-site pa g s all be provided as required by the City of Bozeman Zoning Ordinance. 2 The joint use of parking areas by two or more businesses located within the Plaza is encouraged. Any such joint usage, however, shall comply ' with the City of Bozeman Zoning Ordinance. .3 Standard parking stalls shall be dimensioned according to the i requirements of the City of Bozeman Zoning Ordinance. In parking areas with over 20 parking spaces a maximum of 25% of the spaces may be sized and identified as "compacts only" parking spaces. .4 Handicap parking shall be provided. All parking requirements shall meet the minimum standards set forth in of the Bozeman Zoning Code. 5. Bicycle parking or racks shall be provided. 3.8 ACCESS*AND DRIVE LOCATIONS: 3.8.1 Objectives: .1 To have access drives located such that vehicular traffic arriving at and leaving from lots, as well as traffic passing continuously on streets, flows at an optimum level of efficiency. C-22 • • r .2 That the continuity of street-side landscaping is minimally disrupted by the construction of access drives and as allowed by the Property ' Access Standards of the Bozeman Zoning Code. .3 That utilities located in the landscape easement zone are not or are only minimally disrupted by the construction of access drives. 3.8.2 Guidelines: , .1 Curb openings, such as driveways or access streets will be ' permitted only if the opposite side of the street has no planned curbed openings. .2 Access drives should be coordinated with adjacent lots so as not i to impede the efficient flow of peak period traffic. Consideration.should be given to adequate separation of adjacent access drives or the development of common access drives. .3 Access drive designs should incorporate provisions for efficient ' vehicle stacking during peak periods of use. .4 Access drives should be located such that their construction results in a minimal disruption of the street side landscaping and utilities located within the designated boulevard landscape zones. 3.9 SIDEWALKS: ' 3.9.1 Objectives: ' .1 To provide a safe (separated from vehicles) all weather efficient and aesthetically pleasing means of pedestrian circulation serving each site, including connection of parking areas with building entries, connecting buildings to one another, and connecting building entries with on-site amenities and perimeter walks. , 3.9.2 Guidelines: .1 An on-site pedestrian circulation system shall be provided to meet the circulation needs of on-site users. Such systems should provide safe, all weather, efficient, and aesthetically pleasing means of on-site movement and should be an integrated part of the overall architectural and site design concept including landscaping as appropriate to the specific design ' C-23 ' r • • r . r as it relates to its specific site. An example would be to connect the main ' entrance of a business to the street sidewalk with a sidewalk area that is clearly defined by material, relationship to structures, relationship to vehicular circulation, landscaping elements, and appropriate lighting for definition, security and safety while providing an aesthetically pleasing solution that might include adjacent seating areas incorporated into the landscape elements. ' .2 Linkages shall be made between on-site and perimeter pedestrian circulation systems. Bicycle circulation shall be confined to public ' right-of-way and parking lots excluding public sidewalks. 3.10 STORAGE, SERVICE, AND LOADING AREAS 3.10.1 Objectives: .1 To insure that storage, service, and loading areas are minimally visible from primary visual exposure areas (streets, public areas, primary image entry drives, floors of image buildings, common visual and recreational amenity areas, etc.) .2 To insure that storage service and loading areas are located upon ' a site so as to minimize the visibility of loading and service vehicles from primary visual exposure areas. ' .3 To insure that the storage, service, and loading areas are designed and located on the site so that service vehicle activities and movements do not disrupt the efficient flow of on-site and off-site traffic. 3.10.2 Guidelines,:- Storage, service, maintenance, and loading areas must be constructed, maintained and used in accordance with the following conditions: .1 Outside storage of materials, supplies, or equipment, including trucks or other motor vehicles (not including vehicles for sale), shall be ' permitted only if: .1 The material, equipment, or objects stored outside are incidental to the activities regularly conducted on the premises. 1 C-24 .2 The area devoted to outside storage does not exceed 15 percent of the gross floor area of the principal structure on ' the site. .3 The area is screened from public view and harmonizes ' with the architecture, design, and appearance of neighboring structures and other surroundings. .4 The area is located upon the rear and/or side portions of a ' P lot, unless otherwise approved by The Declarant. .2 Provisions shall be made on each site for any necessary vehicle , loading and no on-street vehicle loading shall be permitted. Refer to Section 3.7.2.1 for loading space requirements. ' .3 Loading dock areas shall be set back, recessed, or screened to reduce visibility from adjacent lots, or sites, neighboring properties, or streets , and in no event shall a loading dock be closer than 75 feet from a property line fronting upon a street unless otherwise approved in writing by the ' Declarant. The minimum area provided for a loading space shall be twelve (12) feet by thirty-five (35) feet. 3.11 REFUSE COLLECTION AREAS , 3.11.1 Objectives: .1 To insure that refuse and refuse containers are not visible from primary visual exposure areas (streets, primary image entry drives, floors of , image buildings, common visual and recreational amenity areas, etc.) .2 . To insure that refuse enclosures are effectively designed to ' receive and contain generated refuse until collected, and enclose refuse containers after refuse is collected. .3 To insure that refuse collection vehicles have clear and convenient access to refuse collection areas thereby avoiding excessive wear- and-tear to on-site and off-site developments. , 3.11.2 Guidelines: .1 All outdoor refuse containers shall be visually screened within a durable 6 foot or higher enclosure, so as not to be visible from adjacent lots or C-25 sites, neighboring properties, the common areas or streets. No refuse ' collection areas shall be permitted between a street and the front of a building, unless plans are approved in writing by the Declarant. ' .2 Refuse .collection areas should be effectively designed to contain all refuse generated on-site and deposited between collections. Deposited refuse should not be visible from outside the refuse enclosure. ' .3 Refuse collection enclosures c osures should be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme. .4 Refuse collection areas should be so located upon the lot as to provide clear and convenient access to refuse collection vehicles and thereby minimize wear-and-tear to on-site and off-site developments. ' .5 Refuse collection areas should be designed and located on'the lot so'as to be convenient for the deposition of refuse generated on-site. ' 3.12 SCREENING OF EXTERIOR MECHANICAL EQUIPMENT ' 3.12.1 Objectives .1 'To prevent all exterior components of plumbing, processing heating, cooling, and ventilating systems.from being directly visible from within the lot or from adjoining streets, lots, or buildings. ' 3.12.2 Guidelines .1 Exterior components of plumbing, processing, heating, cooling, ' and ventilating systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louvers, meters, compressors, motors, incinerators, ovens, etc.) should not be directly visible from a height of 5-feet 0-inches above any ground or ground floor elevation at a distance closer than 200 feet from the closest building wall on any lot, unless components are an integral part of the ' building exterior design concept and otherwise approved in writing by the Declarant. .2 It is recommended that in the case of roof mounted mechanical equipment, that building parapets be of such a height that roof mounted screening devices not be required. If building parapets do not provide the t C-26 required screening mechanical equipment shall be screened by an unobtrusive screening device that will appear as in integrated part of the ' overall architectural design. .3 Any devices employed to screen exterior components of ' plumbing, processing, heating, cooling, and ventilating systems from direct view should appear as an integrated part of the architectural design, and as such, be constructed of complimentary and durable materials and finished in a complimentary texture and color scheme to the overall architectural design. .4 Any exterior components of plumbing, processing, heating, cooling, and ventilating systems, and their screening devices, that will be visible from upper floors of adjacent buildings shall be kept to a visible minimum, shall be installed in a color as neat and compact fashion, and shall be painted such a color as to allow their blending with their visual background. , .5 No exterior components of plumbing, processing, heating, cooling, and ventilating systems should be mounted on any building wall ' unless they are an integrated architectural design feature and in any case shall be permitted only with the written approval of the Declarant. 3.13 SCREENING OF EXTERIOR ELECTRICAL EQUIPMENT AND ' TRANSFORMERS 3.13.1 Objectives: ' 1 To minimize the visibility of exterior electrical equipment and ' transformers from primary visual exposure areas (streets, primary image entry drives, floors of image buildings, and common visual and recreational amenity areas, etc.) , 3.13.2 Guidelines: .1 Transformers that may be visible from an primary visual ' Y Y P Y exposure area shall be screened with either planting or a durable enclosure (configuration acceptable to Montana Power Company). Where possible, it is , recommended that refuse containers and transformers be integrated into the same enclosure. C-27 , 1 .2 Transformer enclosures should be designed of durable materials ' with finishes and colors which are unified and harmonious with the overall architectural theme. .3 Exterior mounted electrical equipment should be mounted on a building whenever possible. When interior mounting is not practical, electrical equipment should be mounted in a location where it is substantially ' screened from public view. In no case should should exterior electrical equipment be mounted on the streetside or primary exposure side of any building. Transformer locations should be carefully coordinated with the applicable utility during the design development phase to insure compatibility with proposed building locations and pedestrian circulation to ' afford being visually buffered from view. .4 Exterior mounted electrical equipment anc conduits should be ' kept to a visible minimum, but where visible shall be installed in a neat and orderly fashion and painted to blend with its mounting background. ' 3.14 FENCES AND WALLS 3.14.1 Objectives: ' .1 To permit the installation fences and walls within a lot for the purpose of site security, sound attenuations, separation of functional activities, and screening of unsightly functions and activities. .2 To have fences and walls installed such that they are as ' inconspicuous as possible or designed as an integrated and complimentary architectural design element adding interest to the overall architectural design concept. ' .3 To have no walls or fences reduce the intended quality of development or reduce the perception of the Park as a series of research ' 'estates'. .4 To discourage the construction of walls and fences except as necessary to screen outside storage, loading, and service areas. .5 To insure that fences and walls do not, because of their height, ' location, or design, decrease the safety or efficiency of traffic flows on-site of in fronting streets. ' C-28 .6 To avoid visual impact on the common areas including its associated creeks, ponds, and landscaped user spaces. ' .7 To discourage use of chain link fence. 3.14.2 Guidelines: .1 No fence or wall shall be constructed closer than 50 feet from the ' curbline of a fronting street, unless approved in writing by the Declarant. .2 No fence or wall shall exceed a height of 8-feet 0-inches unless 1 otherwise approved in writing by the Declarant and approved by the City of Bozeman. 1 .3 Walls and fences between building and fronting streets are discouraged, but when necessary shall require written approval by the ' Declarant. 4 All fences and walls should be designed as an integrated part of ' the overall architectural and site design. Landscape materials used as integral parts of the fencing shall be encouraged. All materials used shall be durable and finished in textures and colors complimentary to the overall architectural , design. No barbed wire, wire mesh or any sharp-edged material shall be allowed. .5 Where chain link g employed,fencin is to be it shall be of a dark , color and be largely hidden behind evergreen plant materials, and/or earth- berming (Bar galvanized chain link fencing shall be prohibited)... unless ' approved by Declarant. 3.15 UTILITIES AND COMMUNICATION DEVICES ' 3.15.1 Objectives: .1 To have the entire Plaza visually free of unsightly overhead ' . Y g Y power and telephone lines, utility poles, and other utility and communication equipment and components. .2 To prevent off-site utility systems from becoming overburdened ' by individual lot utility services. C-29 3 To achieve minimum disruption of off-site utilities, paving and landscaping during_construction and maintenance of on-site systems. 3.15.2 Guidelines: 1 All exterior on-site utilities including, but not limited to, drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communications wires and equipment shall be installed and maintained underground. .2 On-site underground utilities shall be designed and installed to minimize the disruption of off-site utilities, paving and landscaping during construction and maintenance and shall, be of such.design so as not to place excessive burdens upon off-site utility systems during the course of use. . 3 An antenna or device for transmission or reception of any ' signals, including, but not limited to, telephone, television, and radio, will generally not be approved unless it is placed on any lot so that it is not visible ' from 5-feet 0-inches above the. ground or ground floor level at a distance of 200 feet in any direction unless screened adequately and approved by declarant. .4 Temporary overhead power and telephone facilities are permitted during construction. 5 All utility. improvements shall. be designed, constructed and installed according to the standards and criteria. adopted by the City of Bozeman and approved by the City of Bozeman and approved by the City of Bozeman Engineering Officer. '. .6 No-external speaker system shall be used in Billion Plaza. 3.16 GRADING 3.16.1 Objectives ' .1 To encourage site design which protects buildings and business activities from damage or disruption during storm conditions. .2 To allow precipitation falling on-site and surface water flowing from adjacent sites to be effectively absorbed or to drain off-the.site without' ' causing excessive water concentrations on adjacent sites or streets. C-30 l 3 To have site g compliment grading and reinforce the overall architectural and landscape design character. 3.16.2 Guidelines a 1 The site is protected from the normal flood water of storm . runoff by a creek and pond detention system. (See Exhibit B in CC & R's) No construction or placement of berms, landscaping, or.structures shall occur in this area without written approval of Gaston Engineering, Inc. and proper governmental agencies. Alterations to the creek and pond detention systems shall only be made after review and approval by the project Civil Engineer and proper governmental agencies. Alteration may be made only when the character remains the same and surface area and volume remains the same or are 'increased. 2 The building sites have been provided with a surface grade to , the creek and pond detention system. The grades on this system are at an elevation that will drain the site; however, extreme care must be exercised to insure on-site runoff is designed properly to permit proper drainage, since volume retention elevations are critical. Each individual property owner must construct a storm sewer system to convey the site surface, ground, and storm waters to the creek and pond detention system. A central detention r facility is required on each lot unless otherwise approved in writing by Gaston Engineering, Inc. (Specific site drainage plans shall be prepared by the project Civil Engineer). . Drainage easements have been designated on the site plan to permit the passing of water from one site to another to allow for the overflow of storm water to the ponds and prevent any flooding of buildings. These ' easements may not be obstructed by berms, structures, or unauthorized landscaping. (Specific pad elevations for each site must be approved by the project Civil Engineer). 3.17 NUISANCES 3.17.1 Objectives: , .1 To insure that no portion of Billion Plaza is used in such a ' manner as to create a nuisance to adjacent sites or streets such as, but not limited. to, .vibration, sound, electromechanical disturbance and radiation, electromagnetic disturbances, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter. C-31 1 • 3.17.2 Guidelines: 1 No nuisance shall be permitted to exist or operate upon an lot P P P Y or site so as to be offensive or detrimental to any adjacent lot or site or neighboring property or to its occupants. The owner or lessee shall submit to the Billion Plaza Design Review Committee, City Engineer and Planning Office a written statement (in triplicate) identifying all potential nuisances that may arise from their operations at the Billion Plaza and provide a plan for the acceptable handling, disposal or remedy of those nuisances.that meet all applicable local, state and federal regulations pertaining to those nuisances or a statement that no potential nuisance exists. A 'nuisance' shall include, but not limited to, any of the following conditions: . 1 Any use of the lot or site which emits dust, sweepings, dirt, or cinders into. the the atmosphere, or discharges liquid runoff and discharge, solid wastes, or other harmful matter into the creeks, or other waterway which, in the opinion of the Declarant,may adversely affect the health, safety, or comfort of persons within the area or the intended use of their property. No waste or any substance or materials of any kind shall be discharged into any public sewer serving the subject property or any part thereof in violation of any regulation of any public body having jurisdiction . ' over such public sewer. .2 The escape or discharge of any fumes, odors, gases, vapors, steam, acids, or other substances into the atmosphere which discharge, in the opinion of the Declarant, may be detrimental to the health, safety or welfare f. of any person or may interfere with the comfort of persons within the. area or which may be harmful to property or vegetation. .3 The radiation or discharge of intense glare or heat or atomic, electro-magnetic, microwave, ultrasonic, laser, or other radiation. Any operation producing intense glare or heat or such other radiation shall be performed only within an enclosed or screened area and then only in such a manner that the glare, or heat, or radiation emitted will not be discernible from any point exterior to the site or lot upon which the operation is conducted. At no time shall the radioactivity measured at any property line be in excess of 2.7 x 10.11 microcuries per milliliter of air. .4 Excessive Noise: At no point outside of any lot plane shall the sound pressure level of any.machine; device, or any combination of same, from any C-3 2 J s individual plant or operations, exceed the decibel levels in the designated preferred octave bands as follows: Maximum Sound Pressure Octave Band Levels (db) at Boundary Center Frequency Plane of Lot 31.5 78 63 72 125 65 250 59 500 55 1000 52 2000 50 4000 48 8000 47 A-Scale levels for monitoring purposes are equivalent to 60 db (A). The maximum permissible noise levels for the octave .bands shown above are equal to an NC-50 Noise Criterion curve when plotted on the preferred frequency scale. Reasonable noise from motor vehicles and other ' transportation facilities are. exempted, so long as the vehicles or other transportation facilities are not continuously on the subject property. The operation of a signaling device and other equipment having impulsive or non-continuous sound characteristics shall have the following corrections applied: Corrections: Pure Tone Content -5db Impulsive Character -5db Duration for Non-Continuous Sounds in Daytime Only: 1 minute/hour +5 db ' 10 seconds/10 minutes +10 db 2 seconds/10 minutes +15 db The reference level for the db values listed i ,s d above s the pressure of 0.00002 microbar or 0.00002 dyne/cm2. C-33 .5 Excessive emissions of smoke, steam, or particulate matter. Visible emissions of smoke or steam will not be permitted (outside any building) which exceed Ringlemann Number 1 on the Ringlemann Chart of the United States Bureau of Mines. This requirement shall also be applied to the disposal of trash and waste materials. Wind-borne dust, sprays, and mists which originate on the lot or site are not permitted. .6 Ground Vibration: Buildings and other structures shall be constructed, and machinery and equipment installed, and insulated on each 'lot or site so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point exterior to any lot or site. .7 Fire and Explosive Hazards: All activities involving the use or storage of combustible, ' flammable or explosive materials shall be in compliance with nationally recognized standards, and shall be provided with adequate fire-fighting and fire-suppression equipment and devices in compliance with the current edition of the National Fire Protection Association regulations. Burning of waste materials in open fires is prohibited. 4.0 ARCHITECTURAL GUIDELINES 4.1 Objectives .1 To encourage high quality, compatible, contemporary architectural design of all facilities to be constructed within the Plaza thus allowing to be positively differentiated from other commercial developments. .2 To encourage businesses located within the Plaza to express themselves individually through the architectural design of their facilities. r4.2 Guidelines: .1 All design shall appear as an integrated part of an overall site rdesign concept. C-34 2 No 'period buildings' shall be permitted. Contemporary building forms, materials, massing, and scale will be encouraged. 'Contemporary' is defined as elements which are consistent with current innovative technologies, design concepts, material characteristics and planning concepts. 4.2.2.1 Contemporary architectural forms shall demonstrate architectural elements that visually demonstrate residential compatibility by using pediment elements, multiple roof forms, or other architectural elements as illustrated in the architectural sketchbook, to create interest and form in what would otherwise be a , very linear form. Use of contemporary building forms and fenestration shall also be used to define function and entry. Architectural elements shall further be used to define exterior spaces, 01 entry and circulation, as illustrated in the sketchbook. 4.2.2.2 Acceptable finish materials shall include textured concrete surfaces, textured masonry, brick; stone, clay tile, veneer stone, terra cotta, ceramic veneer, synthetic finishes (i.e., dryvit, stucco, stone aggregate), architectural metal curtain walls and standing seam metal , surfaces (excluding industrial and agricultural corrugated or fluted sheet metal), prefinished plastic coated hardboard panels, and horizontal wood siding, board and batten, shakes, or wood shingles. 4.2.2.3 Unacceptable finish materials shall include unfinished or painted unfinished concrete, unfinished masonry, industrial and agricultural corrugated plastic or metal siding, log construction, wood hardboard, vertical channel wood siding, and masonite siding. (Note: ' The requirement of this Section to be compatible with 4.2.2.5) 4.2.2.4 Contemporary architectural forms shall be used to control , the mass and scale of each structure by "stepping" exterior elevations, facade and roof elements of the building as illustrated in the architectural sketchbook. No single wall, facade or roof plan shall exceed a maximum length of one hundred feet (100 ft.) without a minimum four-foot (4 ft.) off-set, recess, angular form or other features to provide a visually interesting shape. In order to create a scale appropriate to the size of each building lot and to soften otherwise harsh, rectangular building forms, no single building form shall comprise more than forty percent (40%) of the total gross footprint of the building. C-35 4.2.2.5 Contemporary forms shall incorporate architectural features which visually reduce the impact of mass and define an appropriate scale for each building. Change in exterior materials (i.e. C.M.U. and dryvit) in various patterns and combinations, use of expansion joints, change in texture, projections and porticos, or similar architectural features shall be used to define contemporary forms. 1 .3 The scale of each building should be in proper proportion to the size of the lot on which it is sited and the open space adjacent to said lot. Elements such as steps in roofs, roof heights and changes in materials as well as overall size shall be used to address concerns of scale in a similar manner to the initial Billion Chrysler/Mazda building. .4 Pre-engineered metal buildings will not be permitted. Metal clad buildings will be permitted only if designed by an architect and only if specifically approved in writing by the Declarant and meeting the requirements listed above. .5 Design consideration should be given to: 1 .1 Views and vistas .2 Solar orientation and climate, solar reflection .3 Orientation towards major streets and thoroughfares .4 Vehicular and pedestrian flows .5 The character of surrounding developments 6 Expressions of a facility's functional organization 7 Expressions of the individual character of each business .8 The satisfaction of physical, psychological, social, and functional needs of facility users. .9 Energy conservation through facility design. .10 Potential environmental hazards .11 Enhancement of the overall landscape .12 Relationships to creek and open space .6 Consideration should be given to the incorporation of design features such as: .1 Entrance drives .2 Visitor parking areas .3 Plazas .4 Decorative pedestrian plazas and walkways .5 Site focal points C-36 .6 Employee lunch areas .7 Employee recreational facilities .8 Accent landscaping .9 Accent lighting .10 Dynamic building and roof forms .11 Striking window patterns .12 Light and shadow patterns .13 Color accents 5.0 LANDSCAPE GUIDELINES The landscape consists of elements that give form to exterior spaces 'Thus, the character of the landscape is created by elements such as streets and building setbacks, the variety and placement of elements such as signing,.site lighting, walkways, and plant materials, and the arrangement of major functional elements such as project entrances, parking lots, buildings service areas, etc. Given that project architecture and building sites within the Plaza will most likely be of varying types and sizes, landscaping as a design element will play the key role in creating and conveying the overall character of Billion Plaza as a commercial development. The purpose then, of these Master Landscape Design Guidelines, is to provide design criteria which will help to insure that Billion Plaza achieves an image that is distinctive, clearly understandable, and unified. 5.1 CONCEPT As a part of the Billion Plaza master plan, a Landscape theme has been conceived to organize, unify and create a distinctive character for the whole of ' the Plaza. The Landscape theme recognizes that the Plaza consists of three zones, namely the Streetscape Zone, the Interior Zone, and the Open Space Zone. An understanding of the nature of these three zones is important to 1 understanding these landscape design guidelines and their intent. 1 C-37 ----� OPEN SPACE ZONE INTERIOR ZONE STREETSCAPE � 1 I 5.1.1 Streetscape Zone: The streetscape zone is the primary image setting zone and includes all arterial and collector roads. All improvements within this zone will have the greatest degree of control. ' .1 -The.Landscape Easement This area consists of 1) a public easement beginning at the back of the streetside curb and extending inward to the right-of-way line along all arterial and collector roads and 2) a private easement beginning at the right-of-way line and extending inward for a maximum distance of 15 feet along all arterial and collector roads. Owner (s) of the adjacent property shall be responsible for the landscape development of the areas within public and private easements and such development is subject to the guidelines set forth in Section 5.2.1. Common elements within the public easement include sidewalks, planting, irrigation, street lighting, project signing, landscape grading, and project entries. Common elements within C-38 the private easement may include sidewalks, planting, irrigation, landscape grading and project entries. Parking lots and associated lighting and signage would be permitted provided their size, layout, and landscaping are sensitive to the landscape improvements in the public easement. f T i I�IIIIII/'I .-. .luYUuuuWuu�UIW . ' .� IIIIItllll PRIVATE STREET �Up�jjC YWWIIIIIlWW1WWW , O. 15'MAC - 5.1.2 Streetscape Zone Zone Design The streetscape consists of the interior street system, namely ' Auto Plaza Drive and Competition Drive. I ENTRY CORRIDORS ' II - C_39 - r .1 Perimeter Corridors: There are two perimeter routes namely; Highway 191 and P Y g Y Cottonwood Road. Planting along these edges will be clusters of mixed rconifers, deciduous trees, and lawn placed in selected areas on earthern berms will create a series of mixed natural groves that provide the overall project with a natural appearance as well as serving as buffers from winds. Entries ' into the development will punctuate these groves providing highlighted project identification. The entrance signs for the Billion Plaza will be provided along Cottonwood Road. These entrances will be enhanced with plantings of flowering and evergreen trees, shrubs, ground covers, lawn, irrigation, lighting, and subtly sculptured earthern berms- VIEWS �u�uummuuuumuuui�!luuuulitu!nano!uu�muuumnuoiumuuuuulllllllVIIIIIIIIIII�Iill��l I � 5.1.3 Interior Zone The interior zone encompasses all exterior elements .from the streetscape zone to: 1) building walls, 2) the landscape and storm water drainage easement identified with the creek and ponds, and 3) the landscape areas between adjoining buildings and open spaces not associated with the . streets, landscape easements or creeks. This zone is subject to the needs of each individual tenant and thus is meant to have a greater degree of flexibility than the streetscape zone. Common concerns within this zone include: Parking lot arrangements and landscaping, site lighting, regulatory and directional signing and service area screening. C-40 � � 1 1 . 1 5.1.4 Interior Zone Design Concept The interior zone of the Plaza is identified to a large degree by individually developed vehicular entries, parking areas, and building landscapes at street-side should reiterate the natural character of the entries. Spaces near the creek should be sensitive to the informal and naturalistic landscape character identified with the Open Space Zone. In the former ' setting, parking lots and vehicular entries are to be planted in formal patterns and arrangements with conifer and deciduous canopy trees, deciduous flowering trees, evergreen ground covers, and law. In spaces visually associated with the creeks, less formal and naturalistic patterns and t arrangements should be proposed incorporating conifer and deciduous canopy trees, deciduous trees, and evergreen ground covers. 5.1.5 Open Space Zone The Open Space Zone is a linear arrangement of introduced landscape elements including the creek and ponds. Common concerns within this zone include: building locations, non-interference of water inlet and outlet structures, maintenance of critical grades associated with this corridor to insure conformance to storm drainage design parameters, landscaping, pedestrian access, landscape lighting, directional signing, and service area ' screening. Landscape Plan is attached as Exhibit "C". , C-4-1 r U1 �� I I I I I 1 U I ' OPEN SPACE ?ONE I • ; I I I � I I I I 1 I I /-- 1 I I I ' / I I I ' , I t I � , I I I I 5.1.6 Open Space Zone Design Concept It is intended that landscaping and related site development accomplished in areas directly adjacent to or visually associated with The Open Space Zone should recall the naturalistic and informal native settings that exist in the creek drainages and stream valleys regionally associated with Billion Plaza. Interior zone landscaping bordering The Open Space Zone should reflect this native character, thus creating a compatible transition between zones. Developer will provide a 15' trail access easement, location of which will be determined by developer and Parks, Open Space and Trails Committee compatible with a future trail system. Trail will be constructed of a cinder base or other material agreed to by developer. C-42 1 I fr • •'t. �� ,I� ,� �� „�.���jai :1A�• t��V��� � RPII PIN WE ,ram:..�" -�.�-= �`�.-�!i----�•.�•., o_ ems. `,� �� • i ►,46 I� /t1 ► I I�A'i /�% N I man rr m 1 5.1.7 Dedicated Public Open Space See Exhibil D for the public open ace required through the Count P P P q g Y subdivision process. � 5.2 GUIDELINES 5.2.1 Assessment District Installation and Maintenance Agreement .1 The Declarant has caused to be formed The Billion Plaza Owners ' Association ("Association") for the purpose, among others, of maintaining the the open space. The landscape maintenance will be paid for through assessments made by the Association. .2 Individual owners will be responsible for maintenance of the landscaping on their own lot as well as the landscaping adjacent to their lot within dedicated right of ways. If the owners do not properly maintain the aforementioned landscaping, the Board of the Association may choose to have the maintenance done on behalf of the association and charged to the negligent owner. �. IN'TALLFO BY BUl"F{2 Y ` PLQSUANT TO PLANS OP OWNL•RS' ASSOC. '.i STAI I Fn BY BUYER IN � STRFtT 42.O.WC PWIVATE <_EASEMENT } .3 The Street Landscape Easement landscaping and irrigation will be installed as a continuous linear system. f vehicular hall be .4 Specific locations or limitationo ve access points s as described in Access and Drive Location Guidelines, Section 3.8. C-43 . 5.2.2 Maintenance of Unimproved Sites .1 Sites that are not improved or built upon or common areas and open space areas shall be maintained in a clean and neat appearance by the property owner. Weeds, brush, and trash will be removed at least twice a year; once in the Spring and once in the Fall. The Declarant and its representatives have the right to perform the necessary maintenance and charge the individual tenant or property owner as necessary. Declarant will initiate a weed control plan approved by the Gallatin County Weed Control Board. 5.2.3 Landscape Coverage .1 A minimum of 30% of the area within the property lines shall be devoted to landscape area. At least 75% of this required landscaped area shall_ be in live vegetative materials. The remaining non-vegetative area may consist of walkways, decorative structures, benches and other appropriate landscape structures. Areas of stone, rock or bark ground cover shall be , dispersed among and coordinated with the live vegetation. 5.2.4 STREET FRONTAGE ZONE DESIGN GUIDELINES (See also Setback Guidelines, Section 3.4) 5.2.4.1 Definition of Street Frontage Zone , .1 The street frontage zone is defined as that portion of the ' site which fronts the Street Landscape Easement. 5.2.4.2 Specific Design Limitation Within The Street Frontage , Zone .1 Grp Finish grading for each site should meet the existing grade at the Street Landscape Easement boundary. Transition slope_ in this zone should not exceed 3:1. .2 Service Areas Service areas within this zone should be enclosed with C-44 i >� s■r r� ■r �r � r �t ,_ r� r � r r �!� r rR r,I�,_r �r I T£APO9AR r TURN AROUND 50 RADIUS 1� S 1/16 CORNER SEC 9 6 10 FOUND M.D.0.H. ALUM. CAP - — — _ :.:OPE#:•8}AGS:•.• .T YP.:i... •:.•.•.•.•.•:.;.; ......•.....••.•.......•..... .;. 30.01 30.01 60, :•: :::: ..._.... r.. 4 .. 1 _ I 30, � : 50, BLOCK 3 I LOT 1 LOT 2 t::::::.::::: I I, 0.905 ACRES I 0.515 ACRES 25' jr I :::�:•Q::•:::•:1 LOT 3 .......X, 1.348 ACRES �►: SO .AD+ur :: I c .*f:• I?::<C:: .... -" ---------+—(IET� 1 d OR b' LOT 3 I:3T I ACRES �,� p 1 /' LOT 3 .'''......... 45.75' 0.828 ACRE 111 � ���•:��':•:•�••�•�•�� it ......:' ..... ..:...:..: .:::': .:u....... .... ..... C :•....:.:.:.: N I I jL 1 �.....� I Iv LOT 2 0.9T4 ACRES r I _ I C1 D m m m l O I I : P8E1k:: : LOT : .m..., a m :xL:f2tS:ec£ 0.839 ACRE ?t:' 0 I 1— —n : :':': } v I r<*t m m .�:, m a I :�:.: T m : :•: m z r Z I m •.•.•.•. \ +z 'V(A Lo o I n N mmmm cn°..::':':':``. LOT I 1;::::}( i m • m / \ 0.884 ACRE { t �' I m Gp rn ♦ I c < 1.y z N I] I �1 i BL OCK l \ I::::::::. .:::::: a I $ o r rn 1::::::::::>:::::::::: x o IN .. �� O i::'::: l :a I Vot71w� I DDaaa C�n(9On i rnrnmmm �\ a II mmmmm � :•' ............ 52 LOT I I ':. I 4.859 ACRES fI I I 1;. I 1 f ::: I ��[[ t ::: , :•: •l1;: 1V , :�:3t•'i��'t:;: �i�i�i�:;is;:.<::::.:::.:.:..:. ,.�' :.: I t: .... .:.: -a - 0 I ......................:..:::::......... ......:.:.. :::.:.::::.:.:::::::::::::......:::.:::::..........:....... .:.:::::.:::::::::::: 0 :: : I I I I I :: ------------- 1 I :?niwv+�+++:vim+ I •'•A•MI/iVVi4`N•I: J .. ..................�... .O.OV 1 JG m' : . I rf y, ( �y•••�� •�:{�:'::•'r:•:tir:{•::':•:;ti{'::•:':'t:•:':•:•::•:tititiv:•'::ti}}:•:•:tiff{•'::•}•ti{;::•:tiff:::;:tiff•'''•''�':•:v'':•:::•:4:•}:}��:�"•'::ti•: t3 O /O h! 3!18 < E I N 00'22' WE E — N n n p �i 57_47' C,z —- - - •H i OHWAY - - ' I»I - - T i'�SE COR SEC 9 _ U. S. FOUND ALUM. CAP O m z 'E O oC) i N z r z i O O cp � N co w� O -< mm I O- - z ,� __ �_ �r � �. �r a. sr � � r � � � � � � � � i� �ii `Jr i solid walls and screened with the appropriate landscape materials. SCREEN WALL SERVICE LANDSCAPING AREA VIEWS I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIUIIIIUIIIIIIIIIiIIII�IiVllllllllulllllllllllillll�lllllllluuuuw���������u��u, .3 Parking Surface parking areas within the street frontage zone should be visually screened from the adjacent streets. The intent is to create a "filtered" view into and out of the surface parking areas. This can be achieved with the careful location and positioning of all parking areas to reduce their visual impact and the sensitive use of earthen berms and tree and shrub plantings within the Street Landscape Easement. This does not include areas used for display of vehicles for sale. .4 Screening Shrubs Shrubs, in combination with walls, should be selected to aid in eye-level screening of service areas. The shrubs should be planted at a size and spacing that can achieve an effective screen within a three year period from installation. Shrub size in three years should be 3 to 4-feet in height, 3-feet width and planted at a minimum spacing of 4-feet on center: Selected tree and shrub species should be chosen to fit the climatic and regional horticultural conditions prevailing at the Plaza. Species selection is subject to review by the Design Review Committee. 1 C-45 .5 Street Frontage Landscaping Landscaping of the primary elements within street frontage zone will be consistent with Section 18.50.100 of ' the Bozeman Zone Code and the site plan of Billion Chrysler Mazda (Exhibit D). Boulevard Trees will be Pratmore Ash, while plantings within the setbacks will use the same plant palette of Scotch Pine, Colorado Spruce, Quaking Aspen, and Weeping Birch, while shrubs used will be Junipers and Potentilla. , 5.2.5 Parking Lot Landscape Requirements .1 The perimeter of all parking areas shall be landscaped with a plant/material screen that provides intermittent screening and allows visual penetration into these areas when viewed from adjacent streets, service areas, major building and entrances and significant outdoor spaces. Such screens should consist of deciduous and evergreen plant material at least 2-feet in height. Landscaped earth f berms a maximum of 3-feet high or any combination of ' earth berm and plant material that achieves a height of 4-feet may substitute for the screen planting. .2 For every outdoor parking area that consists of 15 or more parking stalls, a minimum of 20 square feet of landscaping will be provided within the parking lot for each parking space as per the Bozeman Zoning Code to physically and/or visually reduce the occurrence of large, unbroken areas of parking area. The minimum width of such areas shall be 5 feet. Landscaping selected parking bays and strips between adjoining parking areas is encouraged to accomplish this goal. The use of landscaped earth berms, deciduous and evergreen trees, shrubs, ground cover, and lawn would be appropriate. 5.2.5.1 Tree Planting Requirements .1 A minimum of one 1 1/2-inch to 1 3/4-inch (trunk diameter) for deciduous trees or a minimum of 4 feet in height for coniferous trees is required for C-46 ' r each 3 parking stalls to achieve minimum effectiveness. Trees must be placed in the immediate vicinity of the parking stalls, and sensitive to adjacent plantings. All parking area landscaping must meet the minimum requirements of the City of Bozeman Zoning Ordinance. .2 Tree wells and planting areas within paved parking areas suggested to provide a minimum clear ' planting space equivalent to the parking area's stall width. i r5.2.5.2 Parking and Pedestrian Circulation .1 Parking location and layout should facilitate easy and safe pedestrian circulation. ' .2 If the parking layout is one or two rows deep, a walking space with a minimum width of 4-feet should be provided between stalls at key locations where heavy pedestrian circulation is anticipated. This does not include display areas. .3 If parking lots exceed four rows in depth, the alignment of the aisles should be in the direction of pedestrian movement. 5.2.5.3 Parking Lot Plant Material List .1 Single or mixed species trees and/or shrubs can be used for each parking compound. Final placement of these materials should reflect a logical pattern or arrangement that enhances each parking area and is sensitive to the patterns created in adjacent parking. .2 Selected tree and shrub species should be chosen to fit the climatic and regional horticultural conditions prevailing at the Plaza site. Species selection is subject to review by the Design Review Committee. All plantings, whenever possible, will C-47 be in accordance with the "Street Tree and Park Tree Inventory, Analysis and Recommendations" by Dick Pohl dated December 11, 1990 as adopted by the City .of Bozeman. 5.2.6 VEHICULAR ACCESS DRIVE DESIGN GUIDELINES ' 5.2.6.1 Location Criteria , .1 Major access drives are to be located as described in Access and Drive Location Guidelines, Section 3.8. .2 Access should be located by the individual property owner according'to City of Bozeman Standards. .3 Where new access driveways punctuate existing landscape berms, the berms should be regraded and replaced by berms with a 3:1 maximum slope. 5.2.6.2 Limited Use Area at Primary and Secondary Drives , .1 Primary Drive The limited use area at street intersections is defined as the triangular area formed by the intersecting street property lines and a straight line joining such intersecting lines at points forty feet (40') distance from the point of intersection measured along the property lines adjacent to the streets. .2 All objects higher than 30-inches above the centerline grades of the intersecting streets including, but not limited to, shrubs, trees, signs, and earth berms shall be located outside of the limited use area. 5.2.6.3 Private Drives .1 The limited use area at private drive street intersections is defined as the triangular area formed by the intersecting lines at points fifteen C-48 r r feet (15') distance from the point of intersection as measured along the curb face of the public street and private drive. ' .2 All objects higher than 30-inches above the centerline grades of the streets in the area of the curb cut including, but not limited to shrubs, trees, signs, and earth berms shall be located outside of the limited use area. 5.2.7 GUIDELINES.FOR INTERIOR PROPERTY LINES AND NORTH PROPERTY LINES OF NORTHERN MOST LOTS AND LANDSCAPE AREAS 5.2.7.1 Side and Rear Yard Requirements r .1 A 10-foot minimum planting P lantin strip is to be P provided continuously along and adjacent to all interior property lines, unless otherwise approved in writing by the Declarant. ' .2 All site drainage shall be directed away from the 10-foot zone. Drainage within the 10-foot zone may flow to an adjacent property. .3 A maximum slope of 2:1 is allowed within the 10-foot planting zone. A curved transition should be provided at the top and bottom of all slopes within this zone. .4 No walls or fences exceeding 30-inches in height shall be permitted within the required 10-foot planting zone. Walls or fences separating adjoining ' parcels may be permitted when located at the property line. 5.2.7.2 Side and Rear Yard Landscape Requirements .1 Shrub and tree plantings as specified below should be provided within the 10-foot zone. Where two properties adjoin, plantings should address the combined space of adjacent planting strips. In ' C-49 instances where one strip is already planted, the adjoining strip under construction should be sensitive to the layout pattern, species selection, and design of the former planting. .2 On the northern most property line of the project, ' P P Y P J all lots bordering said property line with lands not in this P.U.D. shall address the differences in use by additional plantings. These plantings shall be in accordance with the Bozeman Zone Code as it relates to more intense uses buffering themselves from adjacent less intense uses. 5.2.7.2.3 Landscaping will use the plant material sizes listed , below and will properly buffer from view parking areas, loading areas, and other visually objectionable elements from the Adjacent properties not in Billion Plaza. In addition, adequate landscaping will be used to soften the visual impact of the buildings as seen from the adjacent properties. 5.2.7.2.4 On the eastern most property line of the project, all ' lots bordering Cottonwood Rd. shall be required to provide berming and plantings in addition to the required boulevard planting along Cottonwood Rd. Landscaped area shall be a minimum of 50' in depth and required to provide earth berms a , minimum height of 4' extending a minimum of 80% of the length of the property along Cottonwood Rd. Berms shall maintain a natural, freeform nature as shown in the diagram below and not exceed 140 feet in continuous length. Plantings shall occur in concert with the form of the berm as shown, and be consistent with the landscape theme of the property. C-50 • %lli.lt . m 1 '' _PLA U 'AVdVV GkAJJ .' .; :n, I \q.,1,1`I'r :6�/;r'r.���1'���•:T"'/i •'\ . � yam: 'l"•_: i �a_`•?'vl ice_. i �.' , COTTON A" E;. Cam . 5.2.7.3 Plant Material Sizes - Interior Property Lines and ' Property Lines Common with Properties not in Billion P.U.D. ' The following plant materials are required as a minimum. ' .1 Trees Deciduous trees 1 1/2-inch to 1 3/4-inch in caliber, planted 20 feet on center, or equivalent number planted in clusters, located an average of 5-feet from curb or 2-feet from the property line. .2 Evergreen trees 6 to 8-feet in height, planted 20-feet on center or equivalent number planted in clusters, I located an average of 10-feet from curb or.5-feet from the property line. 1 .3 Shrubs 18-inches to 24-inches in height, planted on a 4-feet C-51 1 � � r r r center or equivalent number planted in clusters, an average of 3-feet from the property line or 3-feet from the curb. .4 Groundcover 24-inches on center covering all ground surfaces. .5 Grasses .Grasses within the open space will be natural in , character. Native grasses used will be Fairway Crested Wheatgrass and Hard Fescue. 5.2.7.4 Planting and Irrigation Details and Specifications .1 All planting and irrigation details and specifications ' should conform to all appropriate industry standards to assure acceptable quality of materials and adequacy of installation and performance. Also, for new site development, the percentage of landscaping required for parking areas shall ' conform to the City of Bozeman Zoning Ordinance. Finally, all work under this section is subject to review by the B.DRC. 5.2.8 Landscape Guidelines for the Open Space Zone .1 All planting zones bordering the Open Space Zone should r reflect the landscape character of that area. Similar plant species and design composition should be used to assure a proper transition between the Open Space Zone and Interior properties. A minimum 35-foot natural vegetative strip is required on each side of all creeks within the Plaza. 5.2.8.1 Plant Material Size - Open Space Zone Landscape ' Easement .1 Trees , Deciduous trees should have a minimum ' 1 1/2-inch to 1 3/4-inch caliber, planted 15-feet on center for flowering trees; 20-feet on center for 1 C-52 i canopy trees in clusters reflecting natural growth patterns. Evergreen trees should be a minimum of 6-feet ' in height, planted 20-feet on center maximum in clusters reflecting natural growth patterns. .2 Shrubs Shrubs should be a minimum 10-inches to 24-inches in spread and planted 4-feet on center, in clusters reflecting natural growth patterns. .3 Ground Covers Ground covers should be spaced a minimum of ' 24-inches on center with the intent of fully covering the ground surface in 3 years. 6.0 SIGN GUIDELINES 6.1 Objectives: I 1 To allow sufficient, though not excessive, business identification devices so that the name of each business locating in the Plaza is clearly and individually associated with the facilities it occupies, when viewed by motorists passing by on fronting streets. .2 To allow on each lot sufficient, though not excessive, .informational, directional, product identification and traffic control signing for convenient and efficient operation. 3 To have all informational, vehicular control, and temporary . signing be uniform in design, size, height, color, material, and topography. 6.3.1 All Business I.D. Signing shall be consistent with the ' Entry Sign to Billion Plaza. Materials and Height: Use of Concrete block as the structure and finished with a synthetic stucco with the 1 etters either recessed into or projected from the dryvit ' surface as shown in the signage section of this documents C-53 1 t sketchbook. All outside corners will be beveled as shown, and height will be limited to the dimension shown in the signage section. Colors used on the sign must coordinate' with the color scheme used on the building it serves, and be approved by the Billion Plaza Owners Association. , Letter stems_ All Business I.D. and directional signs will use the "Times" style shown in the signage section of the , sketchbook. Lighting: Lighting will be a ground mounted fixture that , lights only the surface of the sign and any landscaping design specifically for a background to the signage. Landsca in p Z: All business I.D. signs will have berming with evergreen trees and quaken aspens as a background to the sign as seen from the street the signs are intended to ' service. :4 To permit sufficient, though not excessive temporary signing including identification of the future occupant, the design consultants, sales i or leasing agents, and the building product to be offered. .5 To insure that signing and identification devices do not, because of their height, location or design, contribute to a.decrease in the safety and efficiency of traffic flows on fronting streets. .6 To insure tenant and building signs are compatible and in scale ' with their surroundings and other signage within Billion Plaza in profile, material and lettering style. (Exceptions to lettering style may be changed to coordinate with manufacturer lettering style if approved by Declarant.) 6.1.1.1 A singular monument sign near the intersection of U.S. 191 and Cottonwood will identify Billion Plaza , and list individually the businesses contained therein. 6.1.1.2 Each auto sales site will be additionally allowed one manufacturers I.D. sign location unless otherwise accepted upon by the Buyer and the City. C-54 i 6.1.2.1 Each lot will be allowed 1 directional sign at each access which may also include the logo of the business subordinate to the purpose of the directional sign, upon review and approval of the ' Declarant and the City of Bozeman. 6.2 GUIDELINES: Sin Submittals .1 An overall sign program including any (1) detached business identification signs, (2) building mounted business or building identification signs, (3) temporary signs, and (4) informational and vehicular control signs shall be submitted as part of the construction document submittal, as described in Section 2.3, to the Billion Plaza Design Review Committee. All signage not described in Land Use Development Guidelines will be governed by Bozeman Sign Ordinance. ' .2 No more than one detached business identification sign shall be permitted on each street frontage of a development parcel. All street frontages will be on Plaza Drive and Competition Drive only. .3 All detached business identification signs shall be of such materials and design to be compatible with and complimentary to the on-site design concept as well as landscape and physical design features. .4 Illumination: Detached business identification signs may be illuminated by continuous and uniform internal illumination, backlighting, or ground lighting. No unprotected lamp providing sign illumination shall be directly visible when viewed at any angle from a distance of twenty feet or more. No sign illumination shall cast any external glare which will be visible from ' street or access drive. 6.3 Building Mounted Identification Signs: 1 .1 Building mounted business or building identification signs shall be limited to the display of the building name or the name and/or symbol of the business occupying the site. I ' C-55 J r . r 2 No more than one building mounted sign shall be permitted for each street frontage of a development parcel. THIS DOES NOT INCLUDE DIRECTIONAL OR VEHICULAR CONTROL SIGNS. 3 Business of building identification signs may be mounted to any ' vertical surface or a building or building association wall provided such signs appear as an integral part of the overall architectural and site design. concept. 4 The sign area of buildingmounted business or building g identification signs may not exceed the lesser of 80 square feet or the maximum building mounted sign area permitted by the local governing authority. The building mounted sign area is defined by the Bozeman Zoning Code. .5 Buildingmounted business or building signs shall not extend a , g g height above the ground floor which is the lesser of 32-feet or the maximum height permitted by the local governing authority. ' 6 Building mounted business or building identification signs may be illuminated by internal illumination or backlighting provided that the color and the intensity of such lighting appears as an integral part of the overall architectural and site design concept. No sign illumination shall cast a glare which will be visible from any street or access drive. 6.4 Informational and Vehicular Control Sims: r 1 All informational and vehicular control signs shall be of uniform design using Mathews Architectural Divisions' Post and Panel ' Assembly 1 system or a sign system of equal design which is specifically approved in writing by the Declarant. Both posts and panels shall have a durable finish. Red and yellow may be used for stop and yield signs respectively. .2 No informational or vehicular control signs shall have a panel , face which exceeds 5 square feet in area per side. .3 No informational or vehicular control sign shall exceed a height , of 8-feet above the underlying grade. .4 No informational or vehicular control sign shall be located so as , to reduce the safe flow of vehicles or pedestrians. r C-56 1 6.5 Temporary Signs: .1 Only one temporary development signplus one financing sign P g n g shall be permitted per development parcel. No additional individual signs shall be permitted. The Declarant or its representatives have the right to remove unpermitted signs and charge the individual tenant or property owner the cost of such removal. .2 Temporary development signs shall be of a uniform size , area, height, color, and design and shall, at a minimum, identify the Plaza and the ' business or company developing the parcel. The remaining sign area shall be limited to identification of the following and no other information: .1 A concise identification of the nature of the development .2 The projected date of completion .3 The construction lender .4 The real estate brokerage firm .5 The general contractor .6 The architect .7 The structural engineer .8 The civil engineer .9 The mechanical engineer .10 The electrical engineer .11 The landscape architect .3 No temporary development sign shall be located so as to reduce the safe flow of vehicles and pedestrians. .4 All temporary development signs shall .be removed at occupancy. 7.0 LIGHTING GUIDELINES ' 7.1 Objectives: .1 To have on-site lighting contribute to the safe and efficient use 1 of a development site. .2 To have on-site lighting contribute to site security. I .3 To have on-site lighting compliment and reinforce the g g architecture. and site design character. C-57 .4 To have on-site parking lot lighting fixtures and illumination levels to be consistent throughout the Plaza. .5 To prevent on-site lighting from casting glare onto adjacent lots. , 6 To prevent on-site lighting from casting glare onto adjacent streets. .7 To encourage lighting design that is in conformance with energy , savings guidelines of the Montana Energy Code. .8 All lighting and glare control must meet Bozeman Zoning Code requirements. 7.2 Guidelines: .1 All lighting potentially visible from an adjacent street except bollard lighting less than 42-inches high, shall be indirect or shall incorporate a full cut off shield type fixture. All exterior pole mounted fixtures will match the fixtures listed in the table below. In addition, all fixtures, including those listed in the table will meet the required elements of the figure on the following page. Any fixture used, regardless of the wattage, whether by the manufacturer specified or by an equal fixture approved by the declarant and the City/County Planning Director shall meet all required elements of the figure on the next page. Approved Fixtures: I ighlingkianufacturer: Style: Wattage: Order j rnrking I.-SI lighting systms_ Hilton,- Up to 400- HIL_FP_400-MFI-CT-MT-VAN-(ol)t)` Access I LSI lighting systms. Hilton Up to 400 HIL=FP=400=MH-CT MT-VAN-(opt) ` Dis la LSI lighting s stms. Hilton U to 1000 HIL-FP-1000-MH-CT-MT-VAN-(opt)* , _...p-y-�----ll g h 9 y -- -- p- o 100 -._... _. *Dist.pattern, Lamp wattage, Finish may vary as per guidelines._-- ' Soffitt- ( I_Almarl< - _ Quadra Up to 400-TOR Regressed 2x2 HID - Lume-IV Wall mt_d_ McGraw-EdisonW?_ Up to 150- W?_101 Ijollard McGraw-Edison BS/BR` Up to 150 JBS21512942bz C-58 r r 1 r r HOUSING REFLECTOR ' - - LUMINAIRE (50.400 WATTS) - - PROTECTIVE STANDARD LENS W/ NO LENS OR LUMINAIRE PROTRUDING BELOW FIXTURE r - OF r r HOUSING ' REFLECTOR -- -- - LUMINAIRE -- --- ---- - W0p WATTS) LENS - - PROTECTIVE SHIELD LENS ALTERNATE W/ LENS PROTRUDING BELOW FIXTURE, MITIGATED W/ LENS SHIELD r ' C-59 .2 Parking areas, access drives, and the internal vehicular circulation areas. All parking lot lighting fixtures shall be 'a fixture of 'shoe box' type design mounted at a height compatible with fixture design as specified in the Lighting Section of the Design Sketch Book or equal approved by Declarant and the City of Bozeman. Both the fixture and pole are to have a durable finish. The light source shall be metal halide. The parking lot illumination level shall achieve a uniformity ratio of 6 to 1-footcandle and a minimum .3-footcandle, to average 1-footcandle. .3 Service area lighting shall be contained within the service yard ' .boundaries and enclosure walls. No light spillover or external glare should occur outside the service area. The light source should not be visible from the street. .4 Building illumination and architectural lighting shall be indirect in character (no visible light source or external glare). Indirect wall lighting or 'wall washing', overhead down lighting, or interior -illumination which spills outside is encouraged. Architectural lighting should articulate and animate the particular building design as well as provide the required functional lighting for safety and clarity of pedestrian movement. .5 Pedestrian walk and area lighting is segmented into two zones. 1 The first zone is pedestrian area lighting. This is for outdoor pedestrian use areas such as courtyards, entry ' ways, etc. Pedestrian lighting should achieve a uniformity ratio of 3.5 to 1 average to minimum, with an average illumination of .60 footcandles and a minimum ' of .18 footcandles. .2 The second zone is pedestrian walk lighting where point to point lighting is acceptable with no specific illumination levels required. The main emphasis in this zone should be to clearly identify the pedestrian walkway and direction of travel. C-60 - - - - - - - - - - - - - - - - - - - D REVIEW AND' APPROVAL PROCESS DESIGN REVIEW COMMITTEE BILLION PLAZA BOZEMAN, MONTANA ' GENERAL PLAN REVIEW DATA 1. Legal Description: g P 2. Building Type: e: 3. Building Size: 4. Lot Coverage (Footprint): 5. Landscaping Coverage: 6. Occupancy Classification: 7. Parking Requirements: 8. Building Setbacks: ' Front: Side: Rear: i 9. Building Height: 10. Type of Construction: r r DESIGN REVIEW COMMITTEE BILLION PLAZA BOZEMAN, MONTANA ' PLAN REVIEW GUIDELINES r DATE DATE DATE NOT , SUBNffrM APPROVED APPROVED SECTION 1.0 BILLION PLAZA , 1.7 PERMITTED AND PROHIBITED USES ' 1.7.2 Guidelines .1 Prohibited Uses ' SECTION 2.0 APPROVALS AND SUBMITTALS 2.1 PLAN REVIEW PROCESS ' 2.1.1 Review Fee 2.1.2 Approved r 2.1.3 Approved Subject to Conditions 2.1.4 Not Approved 2.2 SCHEMATIC DESIGN SUBMITTAL , 2.3 PRELIMINARY DESIGN SUBMITTAL 2.4 CONSTRUCTION DOCUMENT ' SUBMITTAL 2.5 REVISION/ADDITION/CHANGES 2.6 REVISION/ALTERATION/CHANGES OF USE , r 1 i DATE DATE DATE NOT SUBMITTED APPROVED APPROVED SECTION 3.0 SITE PLANNING GUIDELINES 3.1 BUILDING SITE COVERAGE 3.1.2 Guidelines .1 Site Coverage .2 Floor/Area Ratio 3 Grading 3.2 LANDSCAPE COVERAGE 3.2.2 Guidelines ' .1 Coverage 3.3 BUILDING HEIGHTS 3.3.2 Guidelines .1 Building Heights 3.4 STREET SETBACK 1 3.4.2 Guidelines .1 Building Setbacks . .2 Street Setback Landscaping 3 Building Setback Landscaping .4 Landscaping Height Restriction 3.5 INTERIOR PROPERTY LINE SETBACK 3.5.2 Guidelines f .1 Site Property Setback .2 Side Property Setback 3.6 CREEK GREEN BELT SETBACK 3.6.2 Guidelines .1 Greenbelt Easement Setback .2 Greenbelt Screening 1 1 DATE DATE DATE NOT ' SUBMITTED APPROVED APPROVED 3.7 PARKING REQUIREMENTS 3.7.2 Guidelines .1 Parking Requirements .2 Joint Parking .3 Parking Dimensions .4 Handicapped Parking S Cycle Parking 3.8 ACCESS AND DRIVE LOCATIONS ' 3.8.2 Guidelines .1 Curb Cuts ' 2 Traffic Flow .3 Vehicle Stacking .4 Street-Side Landscaping ' 3.9 SIDEWALKS 3.9.2 Guidelines .1 Sidewalk Installation .2 Pedestrian Circulation .3 Pedestrian Linkages 3.10 STORAGE, SERVICE & LOADING ' AREAS 3.10.2 Guidelines .1 Outside Storage .1 Incidental Storage ' .2 Storage Percentage .3 Storage Screening .4 Storage Location .2 Vehicle Loading Area 3 Loading Dock Location ' DATE DATE DATE NOT SUBMTITED APPROVED APPROVED 3.11 REFUSE COLLECTION AREAS 3.11.2 Guidelines ' .1 Refuse Screening .2 Refuse Size .3 Refuse Design ' .4 Refuse Location .5 Refuse Location 3.12 SCREENING OF EXTERIOR ' MECHANICAL EQUIPMENT 3.12.2 Guidelines _ ' 3.13 SCREENING OF EXTERIOR ELECTRICAL EQUIPMENT& ' TRANSFORMERS 3.13.2 Guidelines 3.14 FENCES AND WALLS 3.14.2 Guidelines �t .1 Fence Location _ .2 Fence Height .3 Fences Fronting Streets ' .4 Fences on Greenbelt .5 Fence Design .6 Chain Link 3.15 UTILITIES AND COMMUNICATIONS DEVICES ' 3.15.1 General 3.16 GRADING 3.16.2 Guidelines 1 Surface Area of Lake 2 Storage Volume of Lake .3 Storage Volume Parking DATE DATE DATE NOT SUBNIITTED APPROVED APPROVED 3.17 NUISANCES 3.17.2 Guidelines .1 General SECTION 4.0 ARCHITECTURAL GUIDELINES 4.2 Guidelines i .1 Integrated Design ' .2 Period Buildings .3 Pre-Engineered Buildings .4 Design Considerations .5 Design Features , SECTION 5.0 LANDSCAPE GUIDELINES 5.2 Guidelines ' 5.2.1 MAINTENANCE AGREEMENT .1 N/A _ .2 Boulevard Landscape Easement .3 Irrigation Installation .4 N/A 5.2.2 MAINTENANCE OF ' UNAPPROVED SITES 5.2.3 LANDSCAPE COVERAGE 5.2.4 STREET FRONTAGE ZONES 4.1 Definition of Street Frontage , Zone 4.2 Specific Design Limitation Within The Street .1 Grading ' .2 Service Areas .3 Parking .4 Screening Shrubs , DATE DATE DATE NOT SUBNIITTED APPROVED APPROVED 5.2.5 PARKING LOT LANDSCAPE REQUIREMENTS .1 Perimeter Parking Area .2 Open Parking Areas 5.2.5.1 TREE PLANTING 5.2.5.2 PARKING AND PEDESTRIAN CIRCULATION .1 Pedestrian Circulation .2 Walkways .3 Aisle Location ' 5.2.5.3 PARKING LOT PLANT MATERIAL LIST ' 5.2.6 VEHICULAR ACCESS DRIVE DESIGN GUIDELINES 5.2.6.1 Location Criteria .1 Location .2 City Standards .3 Disrupted Berms 5.2.6.2 Limited Use Area at Primary and Secondary Drive 1 Primary Drive .2. Height Restrictions 5.2.7 INTERIOR PROPERTY LINES ' AND LANDSCAPE AREAS .1 Side and Rear Yard Requirements .2 Site Drainage .3 Plant Material Sizes Interior Property Lines .4 Planting and Irrigation Details and Specifications '1 DATE DATE DATE NOT SUBMITTED APPROVED APPROVED 5.2.8 LANDSCAPE GUIDELINES FOR CREEK GREENBELT .1 Creek Greenbelt Border SECTION 6.0 SIGN GUIDELINES 6.2 DETACHED BUILDING SIGNAGE .1 Submittal .2 Sign Quantity .3 Detached Sign Size .4 Detached Sign Height .5 Detached Sign Material .6 Detached Sign Illumination ' .7 Detached Sign Location 6.3 BUILDING MOUNTED SIGNAGE .1 Sign Display .2 Signage Location .3 Building Mounted Location and Type .4 Building Mounted Size .5 Building Mounted Height .6 Building Mounted Illumination 6.4 INFORMATION AND VEHICULAR CONTROL SIGNS .1 Sign Type .2 Sign Size .3 Sign Restrictions of Information ' .4 Sign Height .5 Sign Location .6 Sign Illumination 6.5 TEMPORARY SIGNS 6.5.1 General Application No. APPLICATION F O R S I T E PLAN R E V I E W City-County Planning Office 35 N. Bozeman Avenue Box 640 BOZEMAN, I4ONTANA 59715 (406) 586-3321 , ext. 227 Date 19_ The undersigned hereby makes application for a Major Minor Amended Site Plan Conditional Use Permit pursuant to the requirements of Section 18.52 and/or Section 18.53 of the City of Bozeman Zoning Ordinance. 1. Nameof project/development 2. Address of Subject Property 3. Legal Description 4. Name and Address of Developer Tel : 5. Flame and Address of Property Owner Tel 6. Name and Address of Engineer/Architect/Planner 7. Current Zoning Land Area sqft. acres 8. Project/Development to consist of: This application must be accompanied by appropriate fee and fifteen (15) copies of a site plan drawn to scale on paper not larger than 24"x36" and including all information listed on attached sheet (Submittal Information) and specified in Section 18.52.030 of the Zoning Ordinance. APPLICATION IS NOT COMPLETE WITHOUT APPROPRIATE SIGNATURES APPLICANT CERTIFICATE: I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Applicant's Signature PROPERTY OWNERS CERTIFICATE: As owner of record of the above-described property, I hereby certify that I do not oppose the submittal of this application, and would not object to the proposed use of said property as described herein. Property Owner Signature 0 SITE PLAN SUBMITTAL REQUIREMENTS The required data to be shown on all major and minor site plans shall include, , but is not limited to, the following: A. General Information 1. name ofproject/development; 2. location of project/development by street address; 3. location map, including area within one-half mile of site; 4. name and mailing address of developer and owner; 5. name and mailing address of engineer/architect, landscape architect and/or planner; 6. date of plan preparation and changes; 7. north point indicator; 8. suggested scale of 1" to 20' , but not less than 1" to 100' ; 9. list of names and addresses of property owners within two hundred (200) feet of site, using last declared County real estate tax records; j 10. stamped, unsealed envelopes addressed with names of above property owners, and 11. zoning classification within two hundred (200) feet. B. Site Plan Information 1 . boundary line of property with dimensions; 2. location, identification and dimension of the following existing and ' proposed data, to a distance of 100 feet outside site plan boundary unless otherwise stated: a. topographic contours at a minimum interval of two feet, or as , determined by the Planning Director b. 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 C. on-site streets and rights-of-way d. ingress and egress points e. traffic flow on-site f. traffic flow off-site g. utilities and utility rights-of-way or easements: (1) electric (2) natural gas (3) telephone, cable TV (4) water (5) sewer (sanitary, treated effluent and storm) h. buildings and structures i . parking facilities, including bicycle racks j. water bodies, and wetlands. k. surface water holding ponds, streams and irrigation ditches 1 . grading and drainage plan M. significant rock outcroppings n. sidewalks, walkways, driveways, loading areas and docks, bikeways o. provision for handicapped accessibility, including but not limited to wheel chair ramps, parking spaces, hand rails, and curb cuts P. fences and walls q. exterior signs , r. exterior refuse collection areas S. exterior lighting t. landscaping (detailed plan showing plantings, egJipment, and other appropriate information subject to Section 1...50. 100) 4 \ t.�`�an+c�.l c-F Vie.ai'at.nn to (2) size of plantings at time of planting and at maturity 3) areas to be irrigated 3. number of employee and non-employee parking spaces, existing and proposed, and total square footage of each. 4. site statistics including site square footage, non-residential building square footage, percent of site coverage (building and parking) , net dwelling unit density, percent park or open space. (over) 5. a reproducible copy of the site plan with appropriate signatures shal l be submitted upon approval . ' C. Building Information (On-Site) 1. Building elevations of all exterior walls of the building(s) or structure(s). 2. Materials to be used. The applicant is encouraged to consider the effect of color in creating a design character that is appropriate for and compatible with the area. 3. Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or floodplain area. D. Permits 1 . A listing of all required and applicable permits and status of applications. M r Mom ESTIMATED COST FOR IMPROVEMENTS i ------------------------------------------------------------------------------------------------- DATE: PROJECT: DEVELOPER: ----------------------------------------- ------------------- ----------------------------- --------- I tem Sq .Ft . /Ln . Ft. Contractor Est , Cost Paving: :.sphalt r Concrete Sidewalks : Curbing: Landscape: Landscape Protection: Garbage Enclosure: Exterior Lighting: Water Improvements : Sewer Improvements : Street Improvements : Approved By City Engineering Office: Date: IMPROVEMENTS AGREEMENT FOR , This AGREEMENT is made and entered into this day of , 1905 , by and between here- inafter called the "Developer" , and the City of Bozeman, a municipal corporation of .the State of Montana , hereinafter called the "City" . r o WHEREAS, it is the intent and purposes of the Developer to meet the conditions of approval for the Conditional Use Permit allowing a on the property in question as approved by the Bozeman City Commission on WHEREAS , it is the intent and purposes of the Developer to obtain Final Site Plan Approval; WHEREAS , it is the intent and purposes of both the Developer , and the City to .. hereby enter into an Agreement which will guarantee the full and satisf4ctory completion of the required improvements on the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto , to satisfy the improvements guarantee requirements for the Final Site Plan ' .approval of said Conditional Use Permit; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows : 1 . Y Description P ProPt i tion This Agreement pertains to, and includes, those properties which are designated and identified as to the City of Bozeman, Montana. - , 2. Improvements This Agreement specifically includes the installation of paved parking areas and driveway, and other improvements as illustrated on the plans and specifications hereto attached and a made art of this Agreement, as Exhibit "A" . The estimated cost � P 9 of said improvements is attached and made a part of this Agreement, .as Exhibit "B". 3. Financial Guarantee, Time for Completion of Improvements If occupancy of any structure is to occur prior to installa- tion of the improvements, it must be. secured by a financial gua- rantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required' improvements not completed at that time. In any event, all required improvements on the site as deli- neated on Exhibit "A" , which is attached and made a part of this Agreement, shall be comple;ed within eighteen (18) months of written approval of the Final Site Plan by the Local Governing body,, or their designated representative. 1 4 . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its repre- sentatives to enter upon and inspect the property at any reasonable. time. 1 5. Default Time is. of the essence of this Agreement . If the DeveloPer shall default in or fail to fully perform any of its obligations , in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of five (5) days i after written notice specifying the default is deposited in the United States mails addressed to the Developer at or such other address as the Developer shall provide to the City from time to time, with- out being .completely remedied , satisfied , and discharged , the , City may elect to enforce any of the following specified remedies: A. The City may, at its option, declare the financial guarantee to be forfeited and ,secure the complete construction and inspection of the improvements described herein. , (1) The City ' s representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspec- tion, and the Developer shall permit. and secure any additional permission required to ' enable them to do so B. The City may enforce any other remedy provided by law. 6. Warranty The Developer shall warrant against defects in these improve- ments for a period of one year from the date of their written acceptance by the governing Body. 7 . Governing Law This Agreement shall be construed according to the laws of the State of Montana . i • • 8 . Modifications or Alternations No modification or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 9. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof , and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10 . No Assignment _ It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 11 . Successors Except as provided in paragraph 10 , this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. Notary Public for the State of Montana Residing : Commission expires : THE CITY OF BOZEMAN Director of Public Service Notary Public for the State of Montana . Residing : Commission expires : r E DESIGN SKETCHBOOK r � • 1 r . t - ,r L15B OF AF CHI TEr- Ura#- �c'r�mS TD IQM SP�-�5 d GIR-udt�.T1vN� i 0���.JE. 4�PPP�P1�-'� SCd.(.E r _ r . ARCHITECTURAL DESIGN r • t4�c��'1. r r, '1 ���Y�,?� - ^�• c 5� ..R ' 'fit. - •,•; V ri f.°�� by, �+: i9`SK' Ep a tiQ /) a>�:_ y�' � � �fl. ^cam} v� �;� ."• — -',• 5P r K: ryti c ra r•. 1a>.v� • .• ` � II rTl ."'�'}'lh'1N�'}yy�yam., ' _ r 1 0 - JL'.T'3iar •hPLf!TS'S�^2r« 1�C.:�TCs.. ^.:tEt-1•_T. 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II II II II II II II II II II r II If II 111 II II II II II r II II II II 11 11 I II —a II r f I'' II II • � 11 II II II II II II ' II 11 " r II II II 1.I, � I-I 11 r � o � ? aaasrI I I 0 � J � DL - --� 1 L J C) 1 • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � SIGNAG E • � t 1 C�II�E3�I�ILIEIP3 0 h��II�.� � BUSINESS 1 , D , SIGN SALES AND SERVICE ENTRANCE 1 DIf� ECTIONAL SIGN SIGNAGE �V� � ' , 1 ,��il' �, ,1� �1��Ij ,'�Y�I /� ��� ` ��II' � � I�� I��, V 1 ��\�, � �� ���� � ` ' � � � �� - � o ) i, ,, ,, iai � � /;,� 1�1 -' . . ,, � --`_ . , ilk � .:.<,�� �y i �� ���� �= �; �:=::� ''"►�ss�o;��i1 ►r ;:r/i;�4;;1,.� V�l� III ��iJ�ri/'r '• .��� ". ��\\�1 BUIION CHRYSLER t� •� �_ � Cam: i BRIJON t t t � EXTERIOR LIGHTING 1 1 ♦ ` rya � •1! ��� _ is - - .4y' a, i �! V ' ;1, �� �' tea. ,Y �V Q ��' YYY"7�� ;�.r,•• y Fii S:7., //fir ti'� -..tR/s�.��.�•y �c ��,}� •�}� ,i'w.^ ,fit ZK t( �• s rl��"�,����„^�.)�,., 51,�7�r`�fFafu?t4; F � , ° 's yR-1. ,;.... t an.. G•• 's } �Ca1:.6 k ..., ..:., �.;s.".:. ...;�._ ,__ .. ids" rc..i,l, ,�., • _'svy4'fcT". — - - . �. _ f , Iton Series B106-A Cbrome Deco/ Hilton • Optional External Glare Shield -:- r. i i t 1 � • t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � BOLLARD LIGHTING 1 1 WORIArea Light The Bollard Series luminaires are designed for walkways,entranceways,drives,and other ■ r s4. small area lighting applications where low 1 mounting heights are desirable. Bollards are uvadable in any height Irom 24"to 42". • (standard increments are 4")and with either ' round or square housing. Luminaires are constructed of seamless,heavy- duty alurinum,finished with tough polyester 24-42' ., powder coal,and gaskeled to seal out external ' contaminants. Carefully engineered bollard optics provide efficient low-glare lighting. Available in 100W mercury, 100-175 W metal I iandu,35-150W HPS and 150W Incandescent. Clean,crisp lines blend with and enhance any architectural setting making it the perfect , luniinarre,day or night. t. iDesign Features Rugged,heavy-duty aluminum top provides rapid hest 4�issippr lon. Upper refloctor Is enclosed and hidden from view. Tamperproof screws provide easy access to lamp compartment. Impact-resistant clear acrylic lens measures t/V Mick. polycarponate lens is available as an option(standard on units over 109 watfts). Optics Include lower dispersing reflector,In conjunction with a t truncated,octagonal upper collecting reflector providing low-glare, highly efficient illumination with optimum uniformity. ' Gasketing forms a single,integral unit that is completely seal frertl ,- outside contaminants. `r { t r ' Finish is weather-and abrasion-resistant,thermally st1t poiyesjer powder-coat enamel available in bronze(standll or ep enal_prey, white or black. )`i' : ' Mousing consists of a heavy-duty,seamless eztru"O altlminupl tuge which lifts off base for easy access to ballast. y "' z Ballast core and coil assembly,mounted on a bracket secures to bes9 ' with two screws. Located remotely from lamp chatty Qr cllo! operation and long ballast life. Quick disconnect ballast connects to power supply leads by means of� polarized quick disconnect and receptacle. Base rugged cast aluminum. Completely concealed. a 'L Qrdering Information Cataog Number Logic S _ r I st Dtyn= 2nd Digit= 3rd Digit= 4th 8 5th Digit= 6th Digit= 71h Digit= 8th Digit= 9U1& 1 Oth Digits= 1 1 th&t 2th Diyit�= Product Family Housing Wattage Wattage Socket Ballast Volts Height Finish B=Bullard S=Square O=Merc. 03= 35 1=Medium 1=NPF 1=120V 24=24' BZ=Bronz— e R=Round 1=Met.Hal. 05= 50 2=HPF 2=208V 28=28" AP=Grey 2=HPS 07= 70 3=240V 32=32" BK=Black 3=lncand. 10=100 4=277V 36=36" WH=White 15=150 9=Multi-tap 42=42" rS~� (lncand.&HPS) 17=175 75= 75 r (Merc.only) , Catalog Number Lamp Lamp Ballast Not Wt. Volume Square_ Round_ Wattage Type Type (Lbs.) (Cu._Ft.) _ BS01012942BZ BRO1012942BZ 100 Merc. HPF 24.5 42 inch unit ;.S BS11012942BZ BR11012942BZ 100 MH HPF 25.3 2.55 ' BS11712942BZ BR11712942BZ 175 MH HPF 25.4 24-inch unit BS20312942BZ BR20312942BZ 35 HPS HPF 21.6 1.38 BS20512142BZ BR20512142BZ 50 HPS HPF 21.8 28-inch unit ' j BS20712942BZ BR207129428Z 70 HPS HPF 25.1 1.62 BS21012942BZ BR210129426Z 100 HPS HPF 26.0 32-inch unit BS21512942BZ BR21512942BZ 150 HPS HPF 27.9 1.85 BS31512942BZ BR31512942BZ 150 Incan. 18.5 36-inch unit r ^^{ Lamps not included. 2.08 Multi-tap ballast is standard with taps for 120 through 277 volts input,wired for 277 volts input.480V not available. Polycarbonate lens is standard where indicated. For all others,acrylic is standard;but pofycarbonate is available as an option. (See options below.) ) ' • S[arldard full bollard heighLis 42' For 24',28',32',36'or other special height substitute for 42 in catalog number. '-4 Options(add as suffix) Accessories(order separately) J F Single-luse,internally wired(120,277V) RF Refractor LAZ Asymmetric Reflector FF Double fuse V Polycarbonate lens S029Z3 Screwdriver for tamper proof r L Lamp included when F or FF are required,add input voltage and suffix to retaining screws. catakxt number.e.g.: BS31512942BZ-120F.Specity voltage to AY Asymmetric distribution tusn wt mule-tap ballasts. : .: rNow to Specify General Luminaire shall be McGraw-Edison lower extrusion and top cap by means of two Mounting Base shall be square or round a Bollard Series catalog number for tension rods. It shall be gasketed at top and cast aluminum. Housing is attached to base use with watt lamp. bottom to result in'a sealed,weather tight with four-tamper-proof set screws. The base The maximum weight of the luminaire shall not assembly. shall be fastened to a mounting foundation(by . exceed lbs.and its maximum effective Prismatic Retractor all Bollard Series others)by three 1/2'diameter X 12"long projected area(EPA)shall not exceed luminaires are available with an optional anchor bolts on a 5"bolt circle diameter. It shall square feet. prismatic borosilicate glass refractor to provide have a centrally located wire entrance opening. Housing shall be square or round and shall efficient,low-glare light distribution. Ballast Assembly shall be a self-contained, , consists of a one-piece heavy-duty,seamless Lower Reflector shall be conical spun from removable assembly of modular design,and extruded aluminum tube,a clear acrylic lens reflector-grade aluminum with anodized finish. shall contain all electrical components of ine and aluminum top. The components shall be It shall be mounted on top of the socket ballast. The assembly shall mount to the base , combined to form a single,integral assembly. It support casting and shall cover the lamp and shall be held securely in place by two shall be completely sealed and gasketed to socket. In combination with the upper reflector, screws. It shall connect to the fixture power prevent atmospheric contaminates intrusion. lamp and lens it shall form an optical system supply lead wires and lamp socket lead woes by is Top Cap shall be square or round heavy duty that produces a symmetrical,low glare,uniform means of polarized mate and lock plugs. Tne light pattern. ballast/fixture combination shall be UL listed and aluminum. It shall provide rapid heat dissipation 9 p shall be specifically designed for the lamp type: for cool-to-the-touch operation. The cap shall Lamp Socket shall be porcelain enclosed and voltage specified. have a reduced edge and shall contain the screw shell type with spring-loaded center upper reflector. contact. Medium base lamps of the following Finish all painted parts shall be painted will) Optics lower dispersing reflector,in sizes shall accommodate: 35-watt HPS, 75- polyester powder coat enamel Color shall be r watt mercury, 100-watt MH and 150-watt(max.) black,bronze,grey or white. conjunction with a truncated,octagonal upper collecting reflector,provides low-glare,highly incandescent. Socket shall be positioned for Labeling luminaire shall be UL listed,suttablu efficient illumination with optimum uniformity. proper location of the lamp to provide maximum for wet locations. Lens standard shall be square or round clear optical efficiency. acrylic(polycarbonate for units over 100 watts Gasketing Bollards are designed to form a or optional on all fixtures) with 1/4-inch wall single,integral unit that is completely gasketed cross section. Lens shall be held between the and sealed from outside contaminants. McGraw-Edison i P.O.Bux 824 Vicksburg,Mississippi 39181 , 601.638.1522 Fax 601.634.9606 FAI COOPER LIGHTING U COVEq f ADt, -,���• t • • � ARCHITE CTURAL LIGHTING 1 1 v i The latest in the popular Quadra-Lume line, the Lumark Lensed Quadra-Lume IV features 1 f regressed aluminum door frames that are as t 1 attractive as they are efficient.Quadra-Lume is . { designed for easy installation on main T-bars j l or can easily be hung by wires in typical - 23'/. 1 lay-in ceilings with 2'x 2'tiles. 26,E _ V. ,+ i HPS,Metal Halide or Mercury lamps combine ` with a regressed C73 prismatic acrylic lens r ! (standard),or an optional polycarbonate lens '? ' to provide the light,effect and appearance that • - best suit the application. Quadra-Lume's minimum surface brightness, excellent uniformity and gentle diffusion make ' f , it ideal for department stores,banks,auto showrooms,schools,libraries,office buildings, y auditoriums and handball and racquetball. . 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Thermally protected,hi h power C ' "' Die-formedheavy-duty , 4` 9 , housing,� :j factor 60 Hz ballast oiyF�s �+..f st �_ i µ4 made of cold-rolled steel and z fished In highly reflective white :r ­_z„ n.� �.+'�F.<'�fl..3'.�TtY 4•„y "� '.�� -.,.,(L.IYr''N fr _ a€ �r S Polyester powder coat.: ice_ a'aru "'�•'u�'.3•-`' ""•,e. ' "'"w`��'' .4t�er4 �'-R ��,.. _. �, . ,u •irAR�`- �7� �_ _� ��Z,F,'°�C? .� t�•� •N'. �rx.'+r'_'v"''-: + .s'+:,T.s-3.T+.�.rw.Mw►-' .i�..sw k--may« + y',LW}• .Ws, 1ac*�-`a•�i. .f`�rGra''+' F. r•F.. .tip �7'_ . 'Tj>w -k Cs . �4*Tk..•G t t 4 ar. '?;.. x't'r" ,.'..'• +> ,,; "•ram.x4tr' •. Junction Box Is UL listed for through ; � - k'`.,, "' ;SFr'4,�3 cxx r t u t•»,+. '% � T u nl�-.tW< 4 g k .�.. whin and positioned on ballast ° . A a ' g •« -' y t"' ,ra->,,. s: �*; +s ifi�r `rr' •x `M`t�s4'+'`�317�'xs3 <.r_ mounting bracket for straight ; a �.Y `�r.c,Y` e q•'p Y >jet '.J }�``.'ks'✓xas conduit runs t Yr £ �z . 1, `S- LF < < .+TW» s's^N �v •+"A.-. h*A ✓t y�+1i'.-' �'+-:�:/4 GF F" 3 ,t- x p'� a + .. - Tt t \ s' � '� f3� .,s " 4's°� tFtIF 3 c.. ; � a ����•` R`t Ip - '.ds�3+ K+� .N'� �•i' - - y °per•"`,,: �,"' :. jl. w'# p yam,' m3nt +� ry w :TZ,P,�" •:° ` 's'2S.C't. 7"s .;y1•; ,"�•.-"3s.Yu�. t,.,,y n 3 mi:4t " i' • F ��. '_ df L x3r?.. _ ems t .a� . -w 'w $rr't ys Y a7 14r �"` �"`> �-x,«t`t'Y, rv` "� ' ILI A S . 5....R. . Porcelain screw shell' !r Mogul Base socket ie • 11.. '1^�'.fie'1.Ti'ii�..��`.•..eO!-`i'�.."�y�a,•'.M�">pw.+13..�Y,.. r._ Regreasod prismatic lens ' ;� s�S. "^��'?S„tl''...CyT.x i'"^y'-"-N' s,C'.Fi+�'TMR:.y.�ri4' # it,`•• �'-erg' 24`•E. 6�•,j.'An y� .ar..e�t y � i`R.' .�'rl•-;. - ;✓ '?:w t. +ar�.s._ .<-p.. - .. .-r�.�•+...•.-Y.. ..- '�s'Jc'_f'' � .:-._:i .�iwr..vw..... n .,.i �•• �4� k!�•h s ' Precision-extruded regressed aluminum lens x ,;sw� ` - s with ante ral ,, rin loaded latchin mechanism ^" to " 74, "` ,..+ `' � '*° j �p, ."!.. _ s t. '- .i� 'xG'"r 7_` Y,�!•.'' u ':;,''�*s". ,..�f rs '=fir• y :, F'S.'�,� C ``' -�t�.t. r:L.u,, ,!' ':.`.;•r .�. ,,. , bxY •,^ :-r..- +• �s'it+�aa � �,�'fi,,,.. £ g..• *..pis ""`-S• L4 x e w' •+'31,.�}t'y+�.^'� ` f a ET C .+ � •sr �.ry"r'�� ..� �� j-•. � _- '� ':",.�'J � qrz= h".'�? :r,.a a,.�" wr. ,`�'.'��nt'^r �,�u' �A'ar�v".'-t'4sn' •r a �x-,.�.rya r t,+ky.'xi.. ter-•q' y` .,fg'+ ,.-.aµt r ^.s 'e.:., 'Tk7`r' 'l'$z-».:�.--+F.., ...:_: a� :`s- .�'_-�• Y 'f`.:,y'".r°./.!`3s,�L �'*. 'i• - .,,i!r. ,.. 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Vicksburg,Mississippi 39181 HYt ��a601.638.1522 �,,s`-� �,-:rs.:'+;y:."1r+a••F�.r.-'#a•�,��,r;"y�i+a., " �< ...'. rrt .. ,.'�' :ar,,,, .av,•,,�.{ s.., .t+`�] °..,�z`' „a••+.ti�:•J >,�:o.^, R,F Y ,5.'�"_. s+W''�+t"t:,"r,..'''P'"; -. c--w ny' sc.^� .^�' r ..z,.y,....g�.�,•-. �a Fax 601.634.9606 ' , ' t „< ,• �.- f,'t .a ..-cam^� +...°'<4 .c �• �' '�..c 's _t .:�r Ns::,: .G.•r a .1 w � ✓-o.i.�,-A i Y��..vK�'�•`•• �aL�... r� �'f a: F.. _ .�,t J..,.:sq. ..na +-°ay`� `'.' v.ed� c �.�r`••v s" ry�tr•a `�s...sr.rn`Ya'�'`" ��',��4�` •�3 .+'1��L ;C'y`}s`tt-�: i I A� :.. �. +W. `r•�44••_}'" �'S��u' x rc -t!!t'`�,�'y'>r, a'it y A i �.:�r,C' �i'+•-R r•f2?' �• � fir-r?_� ,4�4�-�i?� �;Wiz;.s.-' •+•,7+xz r - Ix�•'if'K�°' .. } �-••S..a 5�..-x�s^..r .�ra'�" tom• •^;.wz�.r„Ez",�`�.i�'Ay.ems -'a�y -'�q _^,.,�� - •�z>?, ��� �T�.:� ���'..»�, 1-... ,a t:• ..�.1JS COOPER LIGHTING I, : wM.�iYr � "•'lti * •!C Y°ti 14��^,.a7F"r t�F s�S'� «i..�'�� �''' �'v�-Z... Ty? S'yv.�,�'3 ? .,. .��q'.+ r .� �ww�s��s ADH890035 � .,� .a,�err ^,+' r.n,__r..S�a .t. f�.,l;•�, •,...t.,y. > � �.f' ,a,a,�''R��2 .�. �r r +,� - .- .. . - - _ J k' � .. .. y•• _vc� �.Y:+.. v:f•,.',''�c:r; :;!�.r+;r�:dtr' c .uF-f,,.;a.... Ordering Information t r OR-1 Candlepower Spacing Criterion 1.2 I Catalog Number Logic Catalog Number HPOMRD/A-250 Regressed Prismatic Lens DEG. CP DEG. CP DEG. CP Zone Lumens Lamp Fixt. 250-Watt HPS 0 7516.9 30 6317.6 60 1193.2 0- 10° 727.4 2.8 4.8 26.000-Lumen Clear Lamp 1 St&2nd 3rd&4th 5th&6th 1 Oth, 11 th 13th; 14th. 5 7512.4 35 5589.3 65 771.2 0- 200 2817.0 10.8 7 Di its= Di lts= Di lts= 7th,8th&9th &12th Di 10 7489.6 40 4627.3 70 531.1 0- 30° 5960.2 22.9 3.6 g g g gits= 15th& 16th 15 7411.3 45 3539.2 75 380.5 0- 40° 9413.5 36.2 6 Lamp Type Product Family Door Frame Digits=Lens Type Lamp Wattage Digits=Volt; 20 7215.o 50 2575.1 80 228.0 0- so° 12137.3 46.7 80.7 Acr HP-HPS QR=Quadra-Lume RD=Recessed A= Il 25 6852.3 55 1810.8 85 59.4 0- 600 13764.5 52.9 91.5 - y'c Prismatic Lens 100 120V 0- 70° 14554.5 56.0 8 , MH=Met.Hal. (Regressed) C73=Standard Lens 150 208V o- 800 14953.5 57.5 4 MV=Merc. 175 240V 60° 0- 90° 15039.7 57.8 0 250 277V 90-180° 0.0 0.0 .0' 40 0-180° 15039.7 57.8 100.0 400 Effective floor cavity reflectance 0.20 CCR 80 70 50 30 10 Fo ' Catalog Lamp Lamp Net Wt. Volun so WR 50 30 10 50 30 10 50 30 10 50 30 10 50 30 10 =0 Number Wattage Type S/MH (Lbs.) . (Cu.F RCR HPQR-RD/A-100 100 HPS 1.2 32.0 4.51 1 62 60 58 61 59 57 ' 58 57 56 56 55 54 54 53 52 51 HPQR RD/A 150 150 HPS 1.2 33.0 80 2 56 52 50 55 52 49 53 50 48 51 49 47 49 47 46 45 3 50 46 43 49 46 43 48 44 42 46 43 41 45 42 41 39 HPQR-RD/A-250 250 HPS 1.2 41.0 4 45 41 38 45 41 37 43 40 37 42 39 36 41 38 36131 35 MHQR-RD/C73-175 175 MH 1.0 39.0 5 41 37 33 41 36 33 39 36 33 38 35 32 37 34 32 MHQR-RD/C73-250 250 MH 1.0 44.0 100 6 38 33 30 37 33 30 36 32 29 35 32 29 34 31 29 28 MHQR-RD/C73-400 400 MH 1.0 48.0 CP/100 7 34 30 27 34 30 27 33 29 26 32 29 26 32 28 26 25 8 32 27 24 31 27 24 31 27 24 30 26 24 29 26 24 '23 ' MVQR-RD/A-175 175 Merc. 1.0 37.0 9 29 25 22 29 25 22 28. 25 22 28 24 22 27 24 22 21 MVQR-RD/A-250 250 Merc. 1.0 38.0 10 27 23 20 27 23 20 26 23 20 26 22 20 25 22 20 19 MVQR-RD/A-400 400 Merc. 1.0 40.0 CCR Effective Ceiling Cavity Reflectance WR Wall Reflectance Available in 120V.208V.240V and 277V.To specify,add desired voltage RCR Room Cavity Ratio to catalog number as suffix.(HPQR-RD/L-250-120V) OR-2 Candlepower Spacing Criterion 1.0 Options (add as Suffix) Catalog Number MHOWRD/C73-400 Regressed Standard Lens DEG. CP DEG. CP DEG. CP Zone Lumens Lamp I t. DL . Damp Locations EM150 150-Watt Quartz Restrike 400-Watt Metal Halide 0 10482.5 30 7203.3 60 2704.8 0- 70° 987.2 2.5 .7 �' F1 Single Fuse w/"Delay Relay" 40.000-Lumen Clear Lamp g 5 10369.9 35 6598.7 65 1946.2 0- 20° 3565.4 8.9 .9 EM/SC Emergency Separate Circuit 10 9874.2 40 5904.8 70 1238.2 0- 300 7166.3 17.9 34.0 F2 Double Fuse 15 9184.1 45 5118.2 75 669.2 0- 40° 11281.7 28.2 53.5 20 8485.4 50 4282.6 80 266.9 0- 500 15216.2 38.0 1.2 0100 100-Watt Quartz Restrike 25 7813.9 55 3484.5 85 48.2 0- 600 18328.1 45.8 0 (DC Bayonet Base)* 0- 70° 20257.5 50.6 .1 0- 800 20987.6 52.5 .,.,.6 0150 150-Watt Quartz Restrike 60^ 0- 90° 21075.3 52.7 100.0 (DC Bayonet Base)* 50 90-1800 0.0 0.0 0.0 0-180° 21075.3 52.7 .0 ' Effective floor cavity reflectance 0.20 75 3 ' CCR 80 70 50 30 10 0 *Quartz lamps cannot exceed wattage of HID lamps.Quartz socket is a dual-contact bayonet base. WR 50 30 10 50 30 10 50 30 10 50 30 10 50 30 10 0 RCR 1 56 54 52. 55 53 51 53 51 50 51 49 48 49 48 47 '!6 ' Accessories (order separately) 1 0 2 50 46 44 49 46 43 47 44 42 42 43 41 44 42 40 39 3 44 40 37 43 40 37 42 39 36 40 38 36 39 37 35 34 FTB Flush mounting trim-black FTB,FTW and FTA-Flush a 40 35 32 39 35 32 38 34 31 36 33 31 35 33 31 30 5 36 31 28 35 31 28 34 30 28 33 30 27 32 29 27 26 FTW Flush mounting trim-white Mounting him 125 6 32 28 25 32 28 25 31 27 24 30 27 24 29 26 24 _3 Heavy-gauge extruded aluminum CP/1007 29 25 22 29 25 22 28 25 22 28 24 22 27 24 22 1 FTA Flush mounting trim-natural 8 27 23 20 27 23 20 26 22 20 25 22 20 25 22 19 .9 anodized aluminum combination fixture trim and plaster 9 25 21 18 25 21 18 24 20 18 23 20 18 23 20 18 17 frame.Neatly finishes out any 2 x 2 recessed 10 23 19 16 23 19 16 22 19 16 22 19 16 21 18 16 15 C73* Protective prismatic lens installation. CCR Effective Ceiling Cavity Reflectance WR Wall Reflectance ' GO* Clear polycarbonate shield RCR Room Cavity Ratio Aluminum fixture trim secured to , ceiling support system with screws. �1 M *Fixtures with Metal Halide lamps MUST have protective prismatic lens(C73)or protective polycarbonate shield(GO).Enter order as per examples: MHQR-RD/L/GO-400=Louvered 400-Watt;MH fixture; MHQR-RD/C73-400=Lensed 400 Watt;MH fixture. LightMall • 1 `i 1 The McGraw-Edison Mon-2 Wall Light offers superior economy and performance with 1 exceptional construction. r� Energy-sarong,long life,high-pressure sodium t0+h ?{;. ,.,1 lamps within a sealed and yasketed optics corn- partment reduce Mon-2 maintenance to a bare minimum.A polished-aluminum specular 1 ' 1W pTh•' f„ 32ta�r ,� t reflector system promotes maximum luminaire Y ,) ', ,•t . , perlorrnance. d #� '}}+` ", The unique mounting plate,included with T ;L4t; .,',1,1.•.(n'` N. every Mon-2,provides for a variety of applica lions—over round or square 4"function boxesf or with surface conduit.Mon-2 lits in virtually any environment and dramatically improves ;?s �,• ' 4. seeing ability in areas where lighting would r�. ' M' otherwise be too expensive. Design Features ,. ,11 t ., .� �r 3 •a k , t Jaq' ' •. '�7 t 1 kk �I$fi,g£Yf` L -.'ttS',s �.1 .�'�$ Fn, •t � 3P�•^w����' 7 ° f ••f, S •..4 0, C 9'ry'.°A>'6 ` ry'-�'S 17d r- . ' .. t ' .i ',� rf y"rlrl ,dk'Z:R� 'yu;•`� !r'F n'4�E�'~,� sus �l?�tt,,,, k�f hkF 8'�}'t•(fa ti �•i ;. . .n r+ �'7�tt , lhfk'� h•,,F i��l 1yt '�� ,Il�tr� lYt �7�;. y. .'•r e r , v yg,tl�7 t, E:1�n :dl ttp rq¢ r'',i� `�`t4 .i'. �,i L/1 �r •r,�pFl�• ,d i r y'�s r ��[+ L °4 { L +zi f��i}'E••;k ) .: tt� � a�i..y �` 4i; -�.1 ' s'�t ::Yai�`� i•� �F �°j �Fr�'Y! t��>�i rXS, f ; �6� '�I�„'iTt�r�F` �' j• � �+t.'�.• .. .. .. ,ih•� i;�+ + YL��- y3j S4�'p�t`-,,�1���Lr'd r N•*• I; f;; •�•! .f, a.:t � shn'St:'�{S� :la:,�F•).�w ;€ra�,�,, ,. 34"NPT threaded h M', r 1 UA z nr 1i 1. i s t ✓ t . ��• _ ,. .,f i l�.i a> >., 't. .�• fa:-i ~fir;.e�.,+•r; One-piece,durable,die-callft glulpinpm I;housing In pdDark bronze polyeetg , (standard)enamel fittie ' and abrasion reili•■. l k�j Sf Compact ballast ofR i .� 4 tti' Pulse-rated,mediuj�nn,L�flsf? f y' lamp socket. ti'? Specular polished alkmlANm►efli4tor4' • : provide sharp cutoff gad mlRimum Imr4j a' with maximum spaclrn(tlq Standard and tamper-pro nss Ift e a r 3 r ' lncludedwitt•eachfizf ut� fit[ Closed ke cell,gas-filled,highAemparature silicone gasting.UL list t :: 1 _$ •:,h --'• > i +A•}T YI M1 c, {.cAi i 1 gt7 M'(� �s ti y7.�,�'�•,ti'Lt 4� EG,jmsal�e L � rrt, � . Injection-molded,clear polycarbonate lens. �' } f r { �'§,3? b� ; u`,1,., ,,•' �' qaf eY 't: General Luminaire shall consist of a cast- Lamp Socket shall be porcelain enclosed- i"ju,nn u in iluininum upper housing,a clear polycar- screw shelf type and shall properly position I)on I lens medium base HID lamps for which the fixture bonale lens and a removable mounting plate. me the housing shall contain the electrical and is designed. optical components. Ballasts shall be core and coil construction— Housing shall be a one-piece,heavy-duty normal power factor reactor type for 35-,50-, Lill-1111if iU1 n die casting.It shall be of a tapered 70-, 100-and 150-wail high-pressure sodium low-prolile,soft corner design.It shall have lamps.High power factor ballasts shall be a removable�-inch NPT pipe plug to provide a available. conduil entrance for surface conduit mount- - Finish All painted parts shall be bronze ing.A removable mounting plate shall have color*,polyester powder coat enamel with no lostener provisions for mounting directly to a appreciable fading characteristics within 5 vertical surface or over a 4-inch round or years. Finish shall be abrasion resistant. square junction box. Lens shall be a clear,impact-resistant Labeling Luminaire shall be UL listed suitable polycarbonale and shall be formed I.o blend for wet locations and CSA certified. with the housing shape and size.It shall be Back Pak"WAI Accessory shall be a field lirmly to the housing by two lillester head self-contained unit consisting o(a step-down screws or two optional tamper-proof screws autolranslormer,a die-cast aluminum hous- which shall be provided with the fixture. ing,gasketing and hardware lor assembly to Gasketing A closed cell,gas filled,high the luminaire.It Shall allow adapting of 120-volt - let npeialure silicone gasket shall interface with luminaire to 277-volt operation.It shall be designed to mount on a vertical flat surface the housing and lens to seal fixture from external contaminants. or over an electrical junction box.The unit shall be UL listed suitable for wet locations and Optical Assembly shall consist of an upper CSA certified. ri llectur and socket assembly and a lower directional light control reflector.Upper rellec lot,shall be hydraformed,one-piece alumi- num.Lower reflector shall be finished and shaped to provide an asymmetric light pattern.The system shall provide optimum Sharp-Cutoll,low-glare light distribution. McGraw-Edison P.O.Box 824 Vick:;burg,Mississippi 39181 601.638.1522 I.-x 1 601.634.9606 COOPER LIGHTING ,' ESL+»�• --. Catalog Number Logic 7 I sl Digit= 2nd Digit= 3rd&4th Digits= 51h Digit= �• Product Family Lamp Type Lamp Wattage Ballast Type W=Mon-2 2=HPS 03=35 1 =NPF. 05=50 2=HPF 07=70 10=100 15=150 art, NOT[:Lamps are not included.Use medium-base high-pressure sodium. Catalog Lamp Lamp Ballast NEMA Net Wt. Shipping ? Number Wattage Type Type Voltage Beam (Lbs.) Volume(Cu.Ft.) ^'µ W2031 35 HPS NPF 120 III 9.0 0.49 "11 W2051 50 HPS NPF 120 III 9.0 0.49 W2071 70 HPS NPF 120 III 9.0 0.49 W2101 100 HPS NPF 120 III 9.0 0.49 W2151 150 HPS NPF 120 111 9.0 0.49r, ro specify 120V High Power Factor ballast,change last digit from 1 to 2 when ordering,e. ..W2032. p Y 9 9 9 9 9 Options (add as suffix) Accessories (order separately) � g L Lamp included. WA1 Back Pak'adapter for 277V � PC Pholoconlrol for automatic dusk-to- operation(adds 2 "depth r„f dawn operation. to unit). k WA2 Forward throw reflector. WA3 Pole mount adapter. WA4 Glare shield. SD2925 Screwdriver for tamper- resistant lens retaining screws" 'Both standard and tamper-resistant lens retaining screws provided with luminaires. sq Mounting WA1—Back Pak' �y .......°................................. r _ dapts Stan ar 170-volt On 2 to 277 volt operation Back Pak is sell-contained wish auto- T 2 i transformer housing,gaskeling and hardware. t 1I UL listed for wet localions.Mounts on vertical flat Vf 4 surfaces Or directly over junction boxes. T Electrical Data ?1 l Input 777V Output 120V Output Rating 400VA ' ......: Specifications and dimensions subject to ............. change without notice. 2 h" l Jnirlue mounting plate de;ign allows . ;i wmnly of mounting melhods nro- viong a wide lalilude of applications. �aa 1 , MIN Junction Box Surface Condult Mounting Mounting Removable mounting Removable n"NPT pipe Onle has laslenor provi- plug provides conduit ;inns for mouning entrance. _ dirnclty to vertical surface nr loa 4"rnilnd or 4" ';QUarQ Ot111e1 box. "• Photornotrics and Longitudinal Distanass F"tasindle Values for i -potosindle Lines )n Units of Mounting Heights W 2-A W 2-B Catalog Number W2071 Catalog Number W2151 7U-w,al 111'G Ib0 wall IIPS SrsOU Lunlull Clear Lamp Ib•000-1-urnun Clear Lamp W2-A(70-Watt HPS) 4 `1 Mounting •�,;� J Height A B C 0 E F - - ;f±3 3 5' 20 b0 is UU 4 fit) 200 0 Nu 0•W 2 2 7' 1020 •1Ua '_Ul 1U2 U41 U.0 11). 5 110 ,200 1 uU U 5' U:'ll 11 I ' i5' 220 Dub 044 022 009 UU4 .rtd• U 0 Ill(150-Watt HPS) 1DN Mounting Haight A B C 0 E F 2 2 IU' 1 1 25 45 2 25 1 13 U•It. 11 23 12' 780 3.12 1 mil, 0./t1 U fI U If, 5 00 2 00 1 11U 0 t,u a:'0 u I la 3 3 20 4 ' 2 bU 1 12 0.51i U.20 U I I U 01u F q d 3 2 1 U 1 2 3 4 5 5 4 3 2 1 0 1 2 J 4 5 Mounting Heights Mounting Heights i{ Spacing Table Lamp Illumination Data-Footcandles High-Pressure Sodium Effective (Medium Base) Catalog Mounting Luminaire Minimum Maximum Maas./Min. Average Projected Watts Designation Lumens Number Height-Ft. Spacing-Ft. Level Level Uniform_ity Level Distance-Ft. 12 32 524 2.66 5.07 1.30 - '1-- - 35 LU35/MED 2250 W2031 t4 34 525 2.12 4.05 1.14 21 16 36 .532 1.71 3.22 1.02 21 12 36 .738 4.47 6.00 2.06 211 50 LU50/MED 4000 W2051 14 48 .507 3.07 6.00 1.44 20 16 50 .525 2.34 4.47 1.30 21 18 56 .493 1.86 3.79 1.09 20 i 4 48 .735 4.45 6.00 2 U9 30 70 LU70/MED 5800 W2071 16 62 .558 3.23 5.78 1.5:3 21 I8 66 .518 2.56 4.94 1.34 21 2U 68 .509 2.15 4.24 1.2:.' "7 _ 16 6U .870 5.30 6.00 2.J9 All IOU LU100/MED 9500 W2101 18 68 .735 4.29 5.84 1.98 30 20 76 .585 3.47 5.93 I67 ,'6 22 82 .513 2.85 5.56 1.47 18 68 1 24 7.23 5.34 3.J4 4.1 20 76 .986 5.84 5.93 2.81 '12 150 LU150/MED 16000 W215i 22 84 .802 4.78 5.96 2.39 4U 24 92 .667 3.99 5.99 2.06 "it, a% 26 100 .563 343 6.00 1.711 ::a Spacing Pattern ............................ .......................... - e----S - S/4-a D 1'.. MH '•.. S/4-o-- -S-+ { PLAN VIEW SIDE VIEW LIGHTING REQUIREMENTS S=Spacing of Luminaire D should be distance of elleclive illumination= MH=Mounting Height 20'11unamum.No point within this area should be illuminated to a level below 0.5 loolcandles including d 3'dlstance up the budding face UNIFORMITY--Maximum-to-minimum rato within the 20'daslance=6.1 or I", s. .r January 8, 1992 W.O. # 90-518-2 BILLION AUTO PLAZA SUBDIVISION Storm Drainage Calculations Storm water run off from street improvments with two seperate locations for storm water detention ponds: Area No. 1 . Detention pond located at the end of Competition Dr. which drains all of Autoplaza Dr. and Competition Dr. rArea No. 2. Detention pond located at the end of Cottonwood Dr. which drains the Cottonwood Rd. from Intersection of U.S. Highway 191 to the Northern end of the subdivision. r AREA NO. 1• Gross•Developed Area 41, 010 ft2 ' Proposed Applicable Concrete, & Asphalt Area 35,310 ft2 Proposed Applicable Gravel Surfaced Area 5, 700 ft2 COEFFICIENT OF RUNOFF: (C) Unimproved: Native Fallow Ground 0.2 Improved: Concrete & Asphalt 0.95 x 35,310 ft2 = 33, 545 Gravel Surfacing 0.80 x 5, 700 ft2 = 5, 700 38,105 41,010 (C) Average = 0.93 r ' Exhibit 4 • TIME OF CONCENTRATION: (T,) Unimproved: Fallow Ground - Relief 11. 0 ft (C=0.20) - Length 900 ft - Slope 1.22 $ T,, (unimproved) 48 min Improved: Asphalt - Relief 12.0 ft (C=0.93 ) - Length 1172 ft Slope 1. 02 $ Tc ( improved) = 11 min ' INTENSITY & FLOW at T_: ( I ) 10 yr reccurrence interval Unimproved: (Tc = 48 min) I = 0. 64 X(''65) = 0.740 iph , Q = CIA = 0.2(0.740) (41,010/43, 500) = 0. 14 cfs Improved: (Tc = 11 min) , I , = 0. 64 X('•65) = 1.93 iph Q = CIA = 0. 93( 1. 93) (41, 010/43, 500) = 1. 69 cfs 1 r DETENTION POND SIZING: rDesign Release Rate = 0. 14 cfs A. Minimum Volume Storm Intensity Future Runoff Runoff Release Required Duration Rate Volume Volume Storage (min) ( in/hr) (Q in cfs) ft3) ft3) ft3) 10 2.05 1. 79 1075 84 991 r20 1.31 1. 14 1368 168 1200 50 0.72 0. 63 1890 420 1470 60 0. 64 0. 56 2016 504 1512 80 0. 53. 0.46 2208 672 1536 90 0.49 0.43 2322 756 1566 100 0.46 0.40 2400 840 1560 r NOTE: Max Storage = 1, 568 ft3 @ 95 min B. Minimum Area Settling velocity of 40 micron particles = 0.0069 ft/s Design Release Rate = 0. 14 cfs rMinimum Area Required = 0.14 ft3/s X 1 s 0.0069 ft r = 20.29 ft2 Use an effective surface area of: 1, 580 ftz Ir . I C. Basin Sizing (Total) Water Depth 1.0 ft Surface Area 1, 580 ft2 Volume 1, 580 ft3 r r I AREA NO. 2: Gross Developed Area 33, 404 ft2 Applicable Concrete Y� Proposed pp , & Asphalt Area 15, 400 ft2 Proposed Applicable Gravel Surfaced Area 18, 004 ft2 COEFFICIENT OF RUNOFF: (C) 1 Unimproved: Native Fallow Ground 0.2 Improved: Concrete & Asphalt 0.95 x 15, 400 ft2 = 14, 630 , Gravel Surfacing 0.80 x 18, 004 ft2 = 14, 403 29,033 = 33,404 (C) Average = 0. 93 TIME OF CONCENTRATION: (T,) Unimproved: Fallow Ground - Relief 19.0 ft (C=0.20) - Length 1250 ft - Slope 1.52 $ T. (unimproved) 54 min Improved: Asphalt - Relief 16.2 ft--= (C=0. 87) - Length 1127 ft - Slope - 1.44 Tc (improved) = 14 min INTENSITY & FLOW at T ( I ) 10 yr reccurrence interval Unimproved: (T, = 54 min) I = 0. 64 X('•65) = 0. 685 iph Q = CIA = 0'.2(0. 685 ) (33, 404/43, 500) = 0. 11 cfs T Improved: ' = 14 min P ( � ) I = 0. 64 X(-'65) = 1 . 65 iph Q = CIA = 0. 87( 1 . 65 ) (33, 404/43, 500) = 1. 10 cfs DETENTION POND SIZING: Design Release Rate = 0. 61 cfs A. Minimum Volume Storm Intensity Future Runoff Runoff Release Required Duration Rate Volume Volume Storage (min) ( in/hr) (Q in cfs) ( ft3) ( ft3) ( ft3) 1,0 2.05 1.37 822 66 756 20 1.31 0.87 1048 132 916 50 0.72 . 0.48 1443 330 1113 60 0. 64 0.43 1539 396 1143 80 0. 53 0.35 1700 528 1172 90 0.49 0.33 1767 594 1173 100 0.46 0.31 1844 660 1184 120 0.43 0.29 1903 726 1177 NOTE: Max Storage = 1, 185 ft3 @ 100 min B. Minimum Area Settling velocity of 40 micron particles = 0.0069 ft/s Design Release Rate = 0. 11 cfs Minimum Area Required = 0. 11/s X 1 s 0.0069 ft = 15.94 ft2 Use an effective surface area of: 1, 185 ft2 C. Basin Sizing (Total) Water Depth 1.0 ft Surface Area 1, 185 ft2 Volume 1, 185 ft3 May 21, 1991 W.O. # 90-518-2 1 BILLION CHRYSLER/MAZDA Storm Drainage Calculations ' AREA: Gross Developed Area 7. 5 acres Proposed Applicable Concrete, 1 Building & Asphalt Area 154, 100 ft2 Proposed Applicable Landscaped Area Negligable Inside Footprint of Parking Lot TIME OF CONCENTRATION: T Unimproved: Fallow Ground - Relief 8 . 5 ' (C=0. 20 ) - Length 620 ' - Slope 1 .3796 T. (unimproved) 38 min Improved: (Computed for SE Corner of Asphalt) Asphalt - Relief 3. 12 ' (C=0. 95 ) - Length 250 ' - Slope 1 . 25% - Velocity 2. 25 fps ' Pipe Flowtime Estimate - Length 508 ' - Velocity 1 .35 fps Tr (improved) = 250 + 508 = 8 . 1 min 2.25 1 . 35 COEFFICIENT OF RUNOFF: (C) Concrete* & Asphalt 0. 95 ( Improved) Native Fallow Ground 0. 2 (Unimproved) Exhibit 5 INTENSITY_& FLOW at T_: ( I ) ' 10 yr reccurrence interval Unimproved: (T, = 38 min) I = 0. 64 Xl'•65) = 0. 861 iph Q = CIA = 0.2(0.861 ) ( 154, 100/43, 500) 0. 61 cfs Improved: (T� = 8. 1 min) , I = 0. 64 X(-.65) = 2.35 iph Q = CIA 0. 95(2.35 ) ( 154, 100/43, 500 ) = 7 . 92 cfs DETENTION POND SIZING: , Design Release Rate = 0. 61 cfs A. Minimum Volume Storm Intensity Future Runoff Runoff Release Required Duration Rate* Volume Volume Storage (min) ( in/hr) (Q in cfs ) ( ft3 ) ( ft3 ) ( ft3 ) 10 2. 05 6. 90 4142 366 3776 38 0. 861 2. 90 . 6608 1391 5217 50 0. 72 2.42 7274 1830 5446 60 0 . 64 -2 . 15 7754 2196 5558 80 0. 53 1.79 8575 2928 5647, 85 0. 51 1 . 72 8759 3111 5648 ' 90 0. 49 1. 65 8936 3294 5642 100 0.46 1 . 55 9272 3660 5611 *(Q = CIA C = .705 A = 1 .79 AC) NOTE: . Max Storage = 5, 648 ft3 @ 85 min 1 I. r , B. Minimum Area Settling velocity of 40 micron particles = 0. 0069 ft/s• Design Release Rate = 0. 61 cfs Minimum Area Required = 0. 61/s X 1 s 0.0069 ft 1 = 88.41 ftz Use an effective surface area of: 6, 000 ft2 ' C. Basin Sizing (Total ) Water Depth 1 ft Surface Area 6,..000 ft2_ Volume 6, 000 ft3 D. Tank Sizing 5 ' Diameter. X 20 ' Long ' Volume = 393 ft3 12" Outlet allows 4. 6 cfs to pass under maximum flow conditions yielding a tank detention time of 1 .42 minutes 1 l 1 . DETENTION PON D J.C. BILLION SUBDIVISION 10 YR. STORM , BLOCK 1 LOT 2 GROSS A 0.974 ACRES 42427.000 FT^2 PROPOSED IMPROVED AREA = 28285.000 FT^2 PROPOSED LANDSCAPED AREA = 14142.000 FT^2 ' COEFFICIENT OF RUNOFF C UNIMPROVED = 0.200 IMPROVED = 0.800 COMBINED = 0.600 TIME OF CONCENTRATION ' RELIEF = 2.000 FT LENGTH 250.000 FT SLOPE = 0.800 % UNIMPROVED Tc = 26.575 IMPROVED Tc = 8.858 INTENSITY & FLOW AT Tc: (1) , UNIMPROVED: I = 1.080 IN/HR Q =CIA= 0.210 CFS DESIGN DISCHARGE IMPROVED: = 1.592 IN/HR Q =CIA= 0.827 CFS DETENTION POND SIZING: A. MINIMUM VOLUME .STORM INTENSITY FUTURE RUNOFF RELEASE REQUIRED , DURATION RUNOFF VOLUME VOLUME STORAGE. (MIN) (I N/HR) (CFS) (FT^3) (FT^3) (FT^3) 15.000 1.576 0.921 828.840 189.344 639.496 25.000 1.131 0.661 991.100 315.573 675.528 30.000 1.004 0.587 1056.407 378.687 677.719 35.000 0.909 0.531 1114.968 441.802 673.166 28.000 1.050 . 0.614 1031.203 353.441 677.761 MAX STORAGE -- 675.000 DETENTION POND J.C. BILLION SUBDIVISION 10 YR. 2 HR STORM BLOCK 1 LOT 3 GROSS A 1.371 ACRES 59720.000 FT^2 PROPOSED IMPROVED AREA = 39813.000 FT^2 tPROPOSED LANDSCAPED AREA = 19907.000 FT^2 COEFFICIENT OF RUNOFF C UNIMPROVED = 0.200 IMPROVED = 0.800 COMBINED = 0.600 TIME OF CONCENTRATION RELIEF = 4.000 FT LENGTH 260.000 FT SLOPE = 1.538 % UNIMPROVED Tc 24.329 IMPROVED Tc = 8.110 INTENSITY & FLOW AT Tc: (1) UNIMPROVED: I = 1.151 IN/HR Q=CIA= 0.316 CFS DESIGN DISCHARGE IMPROVED: = 1.686 IN/HR Q.=CIA= 1.233 CFS 1 DETENTION POND SIZING: A. MINIMUM VOLUME ' STORM INTENSITY FUTURE RUNOFF RELEASE REQUIRED DURATION RUNOFF VOLUME VOLUME STORAGE (MIN) (IN/HR) (CFS) (FT^3) (FT^3) (FT^3) 15.000 1.576 1.296 11 .654 284.040 882.614 66 25.000 1.131 0.930 1395.048 473.400 921.648 ' 30.000 1.004 0.826 1486.972 568.080 918.891 35.000 0.909 0.747 1569.402 662.760 906.641 28.000 1.050 0.864 1451.495 530.208 921.287 MAX STORAGE = 920.000 1 ! ! DETENTION POND J.C. BILLION SUBDIVISION 10 YR. 2 HR STORM BLOCK 2 LOT 1 GROSS A 0.884 ACRES 38507.000 FT^2 PROPOSED IMPROVED AREA = 25671.000 FT PROPOSED LANDSCAPED AREA = "I 2836.000 FT^2 COEFFICIENT OF RUNOFF C UNIMPROVED = 0.200 IMPROVED = 0.800 COMBINED = 0.600 TIME OF CONCENTRATION ' RELIEF'= 3.000 FT LENGTH 290.000 FT SLOPE = 1.034 % UNIMPROVED Tc = 27.434 IMPROVED Tc = 9.145 INTENSITY & FLOW AT Tc: (1) , UNIMPROVED: I = 1.064 IN/HR Q =CIA= 0.188 CFS DESIGN DISCHARGE IMPROVED: I = 1.560 IN/HR Q.=CIA= 0.735 CFS DETENTION POND SIZING: A. MINIMUM VOLUME STORM INTENSITY FUTURE RUNOFF RELEASE REQUIRED DURATION RUNOFF VOLUME VOLUME STORAGE (MIN) (I N/HR) (CFS) (FT^3) (FT^3) (FT^3) 15.000 1.576 0.836 752.248 169.304 582.944 25.000 1..131 0.600 899.514 282.173 617.341 30.000 1.004 0.533 958.785 338.607 620.178 , 35.000 0.909 0.482 10*11.935 395.042 616.894 28.000 1.050 0.557 935.910 316.033 619.877 MAX STORAGE = 620.000 i .i DETENTION POND 1 J.C. BILLION SUBDIVISION 10 YR. 2 HR STORM BLOCK 2 LOT 2 GROSS A 0.839 ACRES 36547.000 FT^2 PROPOSED IMPROVED AREA = 24364.000 FT PROPOSED LANDSCAPED AREA = 12183.000 FT^2 COEFFICIENT OF RUNOFF C UNIMPROVED = 0.200 IMPROVED = 0.800 COMBINED = 0.600 1 TIME OF CONCENTRATION RELIEF = 2.500 FT LENGTH 210.000 FT SLOPE = 1.190 % UNIMPROVED To = 22.810 IMPROVED To = 7.603 INTENSITY & FLOW AT To: (1) UNIMPROVED: I = 1.200 IN/HR 1 Q =CIA= 0.201 CFS DESIGN DISCHARGE IMPROVED: I = 1.758 IN/HR ' Q =CIA= 0.787 CFS DETENTION POND SIZING: A. MINIMUM VOLUME STORM INTENSITY FUTURE RUNOFF RELEASE REQUIRED DURATION RUNOFF VOLUME VOLUME STORAGE (MIN) (IN/HR) (CFS) (FT^3) (FT^3) (FT^3) 1 .15.000 1.576 0.793 ' 713.951 181.225 532.727 25.000 1.131 0.569 853.721 302.041 551.679 30.000 1.004 0.506 909.974 362.450 547.525 22.000 1.229 0.618 816.366 265.796 550.569 28.000 1.050 0.529 888.264 338.286 549.978 MAX STORAGE = 550.000 DETENTION POND J.C. BILLION SUBDIVISION 10 YR. 2 HR STORM ' BLOCK 2 LOT 3 GROSS A 0.828 ACRES 36067.680 FT^2 ' PROPOSED IMPROVED AREA = 24045.120 FT^2 PROPOSED LANDSCAPED AREA = 12022.560 FT^2 , COEFFICIENT OF RUNOFF C UNIMPROVED = 0.200 IMPROVED = 0.800 COMBINED = 0.600 TIME OF CONCENTRATION , RELIEF = 3.000 FT LENGTH 2O5.000 FT SLOPE = 1.463 % UNIMPROVED Tc-= 21.782 IMPROVED Tc = 7.261 INTENSITY & FLOW AT Tc: (1) UNIMPROVED: I = 1.237 IN/HR Q =CIA= 0.205 CFS DESIGN DISCHARGE , IMPROVED: I = 1.812 IN/HR Q =CIA= 0.860 CFS 1 DETENTION POND SIZING: ' A. MINIMUM VOLUME STORM INTENSITY FUTURE RUNOFF RELEASE REQUIRED DURATION RUNOFF VOLUME VOLUME STORAGE (MIN) (I N/HR) (CFS) (FT^3) (FT^3) (FT^3) 2.000 5.839 2.901 348.074 24.582 323.492 .10.000 2.051 1.019 611.380 122.908 488.472 20.000 1.307 0.649 779.241 245.817 533.424 i 30.000 1.004 0.499 898.056 368.725 529.331 28.000 1.050 0.522 876.630 344.143 532.487 ' MAX STORAGE = 535.000 DETENTION POND J.C. BILLION SUBDIVISION 10 YR. STORM BLOCK 3 LOT 1 ' GROSS A 0.905 ACRES 38915.000 FT^2 PROPOSED IMPROVED AREA = 26500.000 FT^2 PROPOSED LANDSCAPED AREA = 12415.000 FT^2 COEFFICIENT OF RUNOFF C UNIMPROVED = 0.200 IMPROVED = 0.800 COMBINED = 0.609 TIME OF CONCENTRATION RELIEF = 2.000 FT LENGTH 210.000 FT SLOPE = 0.952 % UNIMPROVED ' Tc = 23.666 IMPROVED Tc = 7.889 INTENSITY & FLOW AT Tc: (1) UNIMPROVED: I = 1.224 IN/HR Q =CIA= 0.219 CFS DESIGN DISCHARGE IMPROVED: I = 1.793 IN/HR ' Q =CIA= 0.873 CFS DETENTION POND SIZING: A. MINIMUM VOLUME STORM INTENSITY FUTURE RUNOFF RELEASE REQUIRED DURATION RUNOFF VOLUME VOLUME STORAGE (MIN) (IN/HR) (CFS) (FT^3) (FT^3) (FT^3) 1 15.000 1.576 0.857 771.099 196.826 574.273 20.000 1.307 .0.711 852.784 262.435 590.349 ' 25.000 1.131 0.615 922.056 328.044 594.012 30.000 1.004 0.546 982.813 393.653 589.160 . 22.000 1.229 0.668 881.711 288.679 593.033 MAX STORAGE = 595.000 RETENTION POND J.C. BILLION SUBDIVISION 10 YR. 2 HR STORM , BLOCK 3 LOT 2 GROSS AREA 0.515 ACRES 22145.000 FT^2 PROPOSED IMPROVED AREA = 13548.0-00 FT^2 PROPOSED LANDSCAPED AREA = 8597.000 FT^2 COEFFICIENT OF RUNOFF C UNIMPROVED = 0.200 IMPROVED = 0.800 COMBINED = 0.567 TIME OF CONCENTRATION , RELIEF = 1.050 FT LENGTH = 105.000 FT SLOPE = 1.000 % Retention Area A. Minimum Volume , Storm Runoff Required Pond Duration Intensity Runoff Volume Volume Size ' (MIN) (IN/HR) (CFS) (FT^3) (FT^3) (FT^2) 120.000 0.408 0.11.8 850.680 850.680 850.680 i DETENTION POND ' J.C. BILLION SUBDIVISION 10 YR. 2 HR STORM BLOCK 3 LOT 3 GROSS A 1.348 ACRES 57965.000 FT^2 PROPOSED IMPROVED AREA = 39810.000 FT PROPOSED LANDSCAPED AREA = 18155.000 FT^2 COEFFICIENT OF RUNOFF C 1 UNIMPROVED = 0.200 IMPROVED = 0.800 COMBINED = 0.612 TIME OF CONCENTRATION RELIEF = 3.000 FT LENGTH 210.000 FT SLOPE = 1.429 % UNIMPROVED Tc = 22.134 IMPROVED Tc = 7.378 INTENSITY & FLOW AT Tc: (1) ' UNIMPROVED: I = 1.224 IN/HR Q =CIA= 0.326 CFS DESIGN DISCHARGE IMPROVED: I = 1.793 IN/HR Q =CIA= 1.311 CFS DETENTION POND SIZING: 1 A. MINIMUM VOLUME STORM INTENSITY FUTURE RUNOFF RELEASE REQUIRED DURATION RUNOFF VOLUME VOLUME STORAGE (MIN) (IN/HR) (CFS) (FT^3) (FT^3) (FT^3) 10.000 2.051 1.671 1002.335 195.452 806.883 20.000 1.307 1.065 1277.537 390.904 886.633 25.000 1.131 0.921 1381.313 488.631 892.682 30.000 1.004 0.818 1472.331 586.357 885.974 22.000 1.229 1.001 1320.873 429.995 890.878 1 MAX STORAGE = 895.000 t 0 t 1 I j i I N l \ � 1 i 1 ' 1 A t9 t • • t t t t � ii � I t t I � � � Y Gaston Engineering & Surveying b January 10 , 1991 W.O. # 90-518 GEOTECHNICAL INVESTIGATION REPORT J.C. Billion / Auto Plaza Building Bozeman, Montana A. 1 . INTRODUCTION Authorization was received from Joe Billion to ' perform a foundation investigation of the proposed building to be built by John Miller , located west of Bozeman , MT . I A. 2. SCOPE The scope of services included logging and sampling materials from 3 testholes which were drilled to a depth of 10 ' or drilling refusal . Standard Penetration Tests were conducted on 3 holes at 48" and 72" depth. The samples were returned to our labora- tory for analysis of soils classification and soils bearing . This engineering report was then prepared . A. 3 . BORING LOCATIONS Boring locations were previously selected by Gerald Gaston and in such a manner as to investi- gate the general condition of the subsurface materials of the proposed building . I Identification of building corners has been provided by Gaston Engineering & Surveying . A. 4. FIELD TESTING AND SAMPLING Drilling and penetration tests were conducted on Jan . 7, 1991 , with a CME truck mounted auger drill . Sampling for the borings was conducted in accordance with ASTM D1586, "Penetration ' Test & Split-Barrel Sampling of Soils " . Using this method, we advanced the bore hole with solid-stem auger to the desired depth. refusal . A 140-pound hammer falling 30 inches drove a standard , 2-inch' OD, split-barrel sampler a total penetration of 1" feet below the tip' of the hollow-stem auger . The blows for the last foot of penetration were recorded and are an index of soil strength characteristics . C o n s ! t 1 n `T E n i is e r s & n d S U r v e o r s P.O. 9„\ :hi. :r.t -th :�r.. R icn m. .I i' <.r.` `.:1,,, h.,r;.:v l'd,r. u,,•,, c_:r.;:r. _. 'd'. Grtl itc. i;urtc. `•l i ;,py (4; _. :�t I Geotechnical Report W.O . # 90-518 January 10, 1991 All of the borings encountered dense poorly graded gravels . When the sampler could not be driven 6 inches with 50 blows of the hammer , the distance the sampler was advanced with 50 blows was recorded. When this situation occurred during the first 6 inches of the drive, it was noted as occurring within the "set" . A. S . SOIL CLASSIFICATION Soils encountered in the borings were visually and manually classified in the field by the soils technician in accordance with ASTM D2487, "Unified Soils Classification System" , and ASTM D2488, "Recommended Practice for Visual and Manual Description of Soils " . A summary of ASTM D2487 is , P Y attached. All samples were then returned to the laboratory for a review of the field classifications by a geotechnical engineer . Representative samples will remain in our .Bozeman office for a period of 60 days to be available for your examination . ' A. 7 . GROUNDWATER Groundwater has been accurately measured on this entire site, and a summary of the groundwater at this specific location is graphically displayed in a graph included in this report . B . RESULTS , B . 1 . LOGS Log of boring sheets indicate the depths and indenti- fications of the various materials strata, penetra- tion resistances and laboratory test data. It should be noted that the depths shown as boundaries between the strata are only approximate . The actual changes ' may be transitions and the depths of the changes are likely to vary horizontally. B . 2. SITE CONDITIONS The proposed building is located west of Bozeman on the north side of Highway 191 at the north-' west intersection of U.S . Highway 191 & Cottonwood Rd. The site is an agricultural area which has been formed by alluvial deposits . B . 3. MATERIAL ENCOUNTERED This site has been stripped of most of the original topsoil, leaving a tan stilty sand ' -material . This silty sand overlays a deep (over 300 ' ) strata of gravel which has been transported by allu- vial deposits . These strata are described in more detail below. ' Geotechnical Re,:t • W. O. # 90-518 ' January 10, 1991 ' B . 3 .a Topsoil Classification of this material indicates a slightly plastic sand silt mixture . There is evidence of CaCO3 near the bottom of this strata overlying the gravel . B . 3 .b. Gravel This material has been classified and specifically tested for soils bearing properties . According to the ' Unified Classification System, test results indicate this material as a (GP ) clean , poorly graded gravel , gravel sand mixture with little fines . Penetration Resistance Values range from 50 blows within 3" of set , to 37 blows per foot (bpf ) . B . 3 .b. ( 1 ) Summary of Laboratory Tests & Analysis Soil Classification (GP ) Maximum Density 134 lb/ft3 ' Optimum Moisture 9% Relative Density 72°% In-Place Density 96 lb/ft3 In-Place Density 4% Uniformity Coeffient (Cu). 2 . 7 ' Coefficient of Curvature (Cc) 9. 8 ' C. SUMMARY C. 1 . AVAILABLE INFORMATION Frank Cikan , architect for this pro- ject has requested the soil bearing capacity of the material encountered at 4 ft depth or footing subbase . We have been told that this information will be used by his structural engineer to design building foundations C. 2. SOILS CLASSIFICATION The soils classifications have been listed previously in this report .and will be listed on the soils logs . C. 3 . SOILS BEARINGS Analysis of the gravel material classified as (GP ) , poorly graded gravel , has confirmed the allowable foundation pressure stated in the Uniform Building Code. This allowable bearing pressure is 2, 000 psf based on footings having a minimum width of 12 inches and a minimum depth of 12 inches into natural grade . An increase of 20% is allowed for each additional foot of width and/or depth to a maximum value of three times the designated value of 2, 000 psf Geotechnical Repor, • W.O . #90-518 January 10, 1991 ie : 6, 000 psf . Special attention to groundwater depth ' should be considered during foundation design. Also, compaction of footing subgrade is recommended to be at least 95% of Maximum Dry Density as determined by ASTM D698. We recommend the footing subgrade elevation to be at a minimum of 48" below the finished floor eleva- tion of 4, 836 in the serrvice area and 4, 837 in the ' office and show room as provided by the architect ' s drawings . D . GENERAL REMARKS D .l . BASIS OF RECOMMENDATIONS The anaylsis and recommendations ' submitted in this report are based upon 3 soil borings performed at the locations indicated on the attached sketch. Variations likely occur between these borings , the nature -and extent of which may not become evident until construction . If variations are encoun- tered , it may be necessary to make a re-evaluation of the recommendations of this report after performing on-site observations during the construction and noting the characteristics of any variations . ' I would like to thank you for your business and if you have any ' . questions feel free to call our office .' Prald ' o P.E. GG/zdb Gaston En2neerinc)r & eying TEST HOLE LOG ' PROJECT Billion Chrysler Mazda :os 90.-518 STATE MT cousrY Gallatin LocArion: r z sEc TRACT SETE .OESCREPTEOn North Side Building EL_Varian G.S. 34 . 0.7 0ArE REc]ROEO 3Y B. Miller ORELL •META00 CME Nuger ORELLEA R M111p TOTAL J'c°TH 10 CASi.YG TYPE AnO OESCRIPNOR %Ic!r !2v?IS of?rx _'_c SAnP!E )r:Iiinq =iU1C I CLASSE?ECArioV riilinq Aaca ra Of ID SPT azll °=oo e cion Strata ' 0 = 0" 34 .0.7 I ( Dark. brown silt (_topsoil)_ `— 6" Tan silty sand ' 1 S-11 15" Sandy silty gravel 18 ' 32 . 5 S-12'. @ 18" (di rt.y). 6/13/ 4 (_GP)_. Clean poorly. 2 - 37 BPF graded gravels , grave sand mixtures with i ' little fines i 3 i@ 42", 4 i. 16./5 0. 4 . 5 5 "' ' S-13 I I i 6 68" 2/24/ 6 0. BP P 7 I 1 8 Groundwater @ 8�. I g I I 0 'I' 120. Bottom of hole - -Gaston Engneenng & Suz�evm 72f TEST HOLE LOG Billion Chrysler Mazda 2 , PROJECT Y gas � 90.-.518 .iou_ i STArE MT coumrY Gallatin !ocarton: T R SEC TRACT SITE OEScaIPTION North Side Building vArlan G.S. 35 . 5 OArE 1-.7-.41 ' RECJROEO 3Y B. Miller OULL .IET 00 CME Auger ORlccsiAM.l_1A,r TOTAL JEPTH 101 CASIvG i'!PE AMO OESCBIPTiON :oces n +acer leveis 0EPrx _'_: S.:NP'__ ir: II nq =1uiG oEsc.i:?TION __ASSi=iCATiON 9ri Ili nq Race of ID SPT yell Canolec:on Strat 0 - 0 35 . 5 I I I Tan silty sand I ' E � I 1 � , 20." 33 . 8 @ 18" (GP) Poorly 22/36 50 y graded ' 2 86 BPE gravels , gravel sand i mixture with little I fines , 3 " 4 5-21 @ 42" 21/34 29 ' ' 63 BP i 5 i i I 6 i f I 8 I I I T g � I I 0 120." Gaston Engineering & eying TEST HOLE LOG aaoJEcr Billion Chrysler Mazda :as r 90.-�518 nova I 3 STATE MT COUNTY Gallatin LOcArcaN: T R sac raACr SITE oE5c2tartaN North Side Building :vartaN G.s. 36.. 41 aara 1-•7-.9-1 RECOAaEa 3Y B. Miller oatcc METHao CME Auger oacccsR g •MiL�ar TOTAL `EPTH 101 CASING r•rPE ;mo oESCac?rcaN :0 C2S ..n. *4a car levels aEarA :_: SAmP,_1 3r: 11inq iluia JESCRc?r;aN S Cl.:ssc.— itaN -Jrillinq Race Of ID SPT 'yell .onoiecian Strat 0 _ 0" 36 . 4 I Tan s: l.ty. sand i 1 20." 34 . 7 @ 20:" (-GP.) poorly, g.r•aded ! 2 " 50. 3' gravels-, g•r•ave.l sand INSET mixtures with littl ' i•nes i 3 — S-•31 •4 @ 42" 9_./5 0. 4 I 5 i I 6 I - 7 I I 8 I I I i 9- I I 0 120.". WSTON ENGINEERING & SURVE1_qG , Consulting Engineers & Land Surveyors SIEVE ANALYSIS OF FINE AND COARSE AGGREGATES Project: Billion Chrsyler Mazda Project No.: 90-518 Location: TH # 2 Date: 1-9-91 Tested By: B. Miller Total Weight: 27 .32 , Test No.: S-21 SIEVE TOTAL WT. PERCENT PERCENT JOB r SIZE IN. RETAINED RETAINED PASSING SPECIFICATIONS 2" 1 .4 . 1 I 15 85 3/4 6 . 59 , 24 76 1/2 11. 13 I 41 59 3/8 13 . 90 I 5.1 49 No. 4 18 . 40 67 32 .65 , -No. 4 8 . 92 I 33 ' TOTAL 27 • 32 3/8 _ No. 4 No. 8 No. 10 115 .6 25 No. 16 ' No. 20 197 .6 19 No. 30 No. 40 276.. 3 14 , No. 50 No. 80 349 . 5 9 ' No. 100 No. 200 384 . 0. 6 . 7 ' -No. 200 387 .4 TOTAL , Dry Wt. Before Wash: 4.83 . 7 Dry Wt. After Wash: 388 • 8 ' Wt Wash Thru 200: 94 . 9 Wt Sieved Thru 200: 3 . 4 , Total Wt. Passing 200:. 98 . 3 m7YGaston Engineering & Surveog Proj. No._. 90-518 ' MOISTURE CONTENT RELATIONSHIP PROJECT: Billion Chrysler Mazda DATE: 1-10-91 ' LOCATION SAMPLED: TH #2 METHOD: _ MATERIAL TYPE: (.GP CU. FT. MOLD: _ _ TESTED BY: B. Miiier TEST NO: S-21 SHEET: MOISTURE CONTENT, ' T. WET SOIL, gms 14 7 .9 W WT. DRY SOIL, gms 142 . 9 WT. WATER, gms 5 .0 MOISTURE CONTENT, % 3 . 5 i Gaston Engineering & Surveyin-* Pro'. No. 9 0-518 MOISTURE DENSITY RELATIONSHIP (ASTM D693) , PROJECT: J.C. Billion - Building Foundation DATE: 1-9-91 LOCATION SAMPLED: TH #2 METHOD: AASHTO T99 "D" MATERIAL TYPE: GP CU. FT. MOLD: 13 . 33 TESTED BY: B. Miller TEST NO: S-21 SHEET: 1 TEST DATA WATER ADDED, ML 55 110 110 ' WT. MOLD & SAMPLE, Ibs. 2 5 . 43 26 . 08 26 . 29 ' WT. MOLD, Ibs. 15 .30 15 .30 15 .30 CU. FT. OF MOLD. 13 . 33 13 . 33 13 . 33 WET DENSITY, PCF 135 .03 143 . 70 146 . 50 MOISTURE CONTENT, % , WT. WET SOIL, gms 147 . 7 226 . 8 254 .9 , WT. DRY SOIL, gms 139.. 0. 209 . 4 231.7 WT. WATER, gms 8 . 7 17 . 4 23 .17 MOISTURE CONTENT, % 6.. 3 8 .3 10 .0 DRY DENSITY, PCF DRY DENSITY, Ibs/cu. ft. 127 .G 132 .7 133 .2 i SITE MAP X VEST 1 N.o LE Lo C AT i O A/ , t :�W�?Y—•,,'•'>v ';,`�::i,;�`.t`�,• _ Wit,•. iJ���S`'> •• ' Al i U ij YN 1 -�i! .+a., �.:tti: :-►.:1r-' ,`�`�.c �,�.�.':-♦fir_.:. 'ti ram.. .V�`�♦1.. • "mot: f`_ C_ I'`iYf .c-:'„•'^ — h�� .A .I, 1 'O DE�TTU GROUNDWATER I , P.) t•:, I v � Rig wx I i•� i $ I-Y 1jM a..: GJLIJ�vildc % C�IiIIIIUIU�� ' I�j I I J Oesignallon O 2487—a0 V Standard Test Method for CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES fo1L cuLSlrlufla PARTICLE SIZE IDENTIFICATION C11[31.1 /a[ ,SSt MAXIM COUP S)"to[S Swa QOUP GIOU w,tS US IX V401MOR, /(SSS + sr)lea aauP wQ . Boulders ....... Over 12" a..as ct[ur oanu c, . +° 1 t c< t < a WII-y.a.a q.«.I r Cobbles ............................ to 12' )bn a.w fo<d to tn.^SL II..,< - - - Gravel M co.,,. n,<U•• I C. t 1 r.arw I )c< ) 1 • v .awl,+r aea �+••I / Coarse y — e _ nt,Iw••ow , ... ".. ,,, �). t 11••. Q,nLS Woo)Int: I rin.,<II„If• n rl ar M d tilt♦v,.•I r•1•n Fine ................. No.4— , 1 _ Ott,.", u.w ILS it...<I)Iwe,cl,,,l/, .,Cl ar a rC CI.,•r qr«•1 I,t.n �_ fuoS CtL.0 Lwat C)), w 1 ,C.< t 1 • :v M11-r.a.• , Sand :o:a,wn..a/ I - j "° Coarse ........................... No. 4—No. 1 <a.rt< r.ctl°n c f «..rrw 1 t c. ) 1� I v I r°w 1,p.aca IaM 1Medium No. 1 Loot•lu+l tints i:h,,<I....r. r. ti , f>t I nn.. a g.n.t I Fine.. No.,AO—N ILS Itw•,°.Il,•,< nl. r ,CH j 9.n.i I O. 2C0 Silt.................................. No.200 — .,:05 mm i I I al 1 r rwa plat,. ar as. a [... cl.,"'.I.• ! Ctay ............................... less;ran .cos mm • Ile. , f 111S + CLa,{ - llau .•a la Ir..t I )' t t nr Clot,)•IOU. ')• Iln. 1 I wl Silt t.l.. r r` `nt f°" RELATIVE DENSITY OF tIa°rat,n,tnn sq+^r< `I.,t COHESIONLESS SOILS Ili .�. •1•q.n r< tit 1. j I +) a n^. a I he cl„t.L. I 'rery loose . 0 — a sF t - I ::trS .wn Cl.rt ' i ) 10052......... ................................ — i� •; , .....n.< <,I,n mecium dense . I1 —20 Id Ilnit )1 )late a!lar Ilw- M :I„tI< Ilit dense .......................................31.- 0 a Ilnrt .Lt I I >qrn:< :I+, ). 1. , I very dense r< I CONSISTENCY OF COHESIVE SOILS Lira m u......... )n,lna m. 1-In Ilt--+1 , very soft .................................... . 0— 1 000=,.r..•°r o.mul°n�t..aa .itn o°al•. .nor°r bulaer,• •.a gr°oo na.. soft ...... ................... ................. z = j �r c. to f :n<a: rIn•, u.l II+OoI, �•GrI •.,u qr r•,1 .na'ult fairer sort J �r �J•!w •,11 qr q.a qr,•.I •I to<1,• _ ':l.hli :Oorl,qr tlt7 y«•1 . )ilt medium ....... .. ..... .. i7•SC )oar la rtlN fr .iu<I+. ,. .itn f It: Pine,`. 1)•..)alt rather SIiff..................................... — 12 Iltt S;Iff ......................................... i3 — 166, v•fit x••1,gra.a )ro •�tn I I: very stiff 17 — ,0 c ir•fC xary qr.o ea , .Ito eL, hard ......................................... 30� 3t- r, If 0% la.°;z a u . .If <ant+ina ) I.rV, )oa '.Ito t crew n ,. v 1On•,<,.,11f,-„a-,, f,•� �M DRILLING NOTES le. Pao '.Ito arq«rt flee,• to ira.a. I. I/ rl <ant.In, ) ISt + ••1, raa '•I to gr.•er• :a gra•e n I. ') ,t:•,a•r, "-'�) Clot w.t<ne, + °'' ', r CL t. 1"',°",• Standard penetration test borings were advanced by 35:"or 51:' 1/ .art <(Mt+rn, If to ZSS Ola, M. ,Ca. raa ••Ito 1 •Ito qr.•f l• •n I<n.•f♦ 1, RN(w In wl. �: I( all <an<,In, ) IOt;alp, .b. iA. ;r,ao-�e.ntl, ,. b,• •a gra.ra n 1.0.hollow-stem augers unless noted otherwise.Jetting water we 11 loll tams b, S IaL aIW .b. '^.a, ),raw lw,n<I,qr nil paa•t,, •ell,• :a grwo•n••.. aia„an ar oa•e .a• It.,. used to clean out auger prior;o sampling Only where indicated c 1,w )t Z+or )'ot,a"°' •' ""'• logs. Standard penetration I25t borings are designated by al )let,ae ar ow• V• IIw♦, 1 9 , I. It )ta()ado. 'A Ito.. . , prefix"ST'%Split Tube). ao Power auger borings were advanced by 4" or o- diamete 1 <,r ;IOStlrrc:lian or :.n<••:lorn<o ,olrf �! I I I, continuous-Elite, solid stem augers.Soil classification and sira: _ ?no /Ine•jra n<a rrocr Pon or :port<•jra n<n I depths are inferred from disturbed samples auaered to the surfac wli, r, :o and are therefore somewhat approximate.Power auger bcrinc caaarra.or '.1 -Ir a are designated by the prefix"W. X Mor.zonrnl at P[-4 to LL-?S S. •�;� rlcn P t-0.71 tLL•201 �� �' ••>` + j Hand probings were advanced manually with a i S4'• diame;= w °uorlan or';L--IIn; -a I probe and are limited to the depth from which the probe can t "[rtKator LLa16 to PC-? G�I I I manually withdrawn. Hand probings are indicated by the pref.: > ,1cnPI-09(LL•31 .I(n SO i SAMPLING — All samples are taken with the standard-2- 0.= split tube sampler, except where noted. TW indicates thin-wa 20 i MH °a OH (undisturbed)sample. I a. BPF — Numbers indicate blows per foot retarded,in standar o penetration test,also known as-N"value. The sampler is set OL into undisturbed soil below the hollow-stem auger. Orivin ML CL-ML/i � I resistances are then counted for second and third 6"incremen: °o to 16 xo :o •o so so 70 30 qo too Ito and added to get SPF.Where they differ significantly, they ar L.101.110 L I MIT (LL) reported in the following form—2/12 for the second and third increments respectively. WH—WH indicates that sampler penetrated soil under weight•_ hammer and rods alone,driving not required. NOTE — All tests run in accordance with applicable AST`. LABORATORY TESTS standards. [� 00 Cry Oensity,pcf OC Organic Content.% 'NO Wet Oensily.pcf S Percent of Saturation, SIC Natural Moisture Content.°/a SG Specific Gravity - LL Liquid Limit,Tif C Cohesion PL Plastic Limit,°'a 0 angle of Internal Friction PI Plasticity Index.% Qu Unconfined Compressive Strength lWon En23nee:mg & Surveying ' Date Job 9-0--�l8 Consulting En ; ineers & Land Surveyors B. Milli P.O. Box 361 2010 N. Rh Ave. Bozeman. Nloncvia 5T15 • (406) 586-0583 By Sheet 2 2 I TEST METHODS: SOIL CLASSIFICATION: AASHTn T94 "D"- ear{ poorly grade �r3UP� I ' PROJECT: 1 J .C . Billion Building Foundation i USE: ; Sub-grade MOISTURE-DENSITY RELATIONSHIP 1 I IIII I IIIIII ill � li II � I II III I � Illilll i II i I I I I I I I I I I I I TEST NO.: S-13 140 MAX. DENSITY: 134 I I I I I I I l i I I I I OPT. MOIST.: 9 II Ii I III i fl II n � I I 135 I ' 230 I 1 o � I I I I I 0. 5 10 15 20 MOISTUREICONTENT PERCENT 1 Gaston Ei M02 '111. & sul V.Liz LOW W.O . # 90-518 SOIL DESCRIPTION Percolation Tests, Soils Logs , and Laboratory Soils Tests for the Billion Chrysler Mazda site have been conducted by Brent Miller, Field Engineer for Gaston Engineering and Surveying. Qualifications: B.S . Degree in Construction Engineering and Technology Montana State University March 1989 Experience: 1 year temporary employee with Gaston Engineering & Surveying. Duties : laboratory and field soils testing Full time employee beginning March 1989 with Gaston Engineering & Surveying Duties: subsurface investigations and analysis for Engineering Design and Construction Supervision I Co �, sult an �� Su rS {',!i ;;.,,_ �h,. '1 i•.1 . [h \ :. . .......•L ,,ri ..n .., Sd'.i:' ...... i.•.:;cr'. _. ': ........_ :?;.,... .. -.. . �il� Gaston Eng ,A ng & Surveying g DATE : Man.ch 2 2 . 1 9 90 w.o. # 9_0- 5J8 TO : 62 9 IC'B*,&ttion 1=.Ue PROCEDURE : A& dig ec.ted '6y, jenny. Gaston, T. pnoeeeded to in s-tatt Mon,'ct oAing aett,6 on .the pnopen.ty, o � &n.ten.e6' t. 4 :J-5 • pm 37 1 3-•90 -Ae.t w-ith, .hand 2ea�s•ee, Ray Roe-th.2e, a.6 hi.6 home and diseu6,5ed- accez,.& to paopen-ty. Th.ene wae, some eoncenn by Ray bon. .the eondi%tton o ' h ',&etd and wheat. 9_.: 0-0. am 3- 23- 90 - Met with Ray Roe.thZe and he directed me to .the dinec.tion he woutd' a22ow aecea,s to the pnope,%ty. 1 : 00 pm 3- 23- 90 - Bob BAaun was hiAed Got bac' khoe setvi*ces and began ineta22.a.tion at my diAection. 6 Monitor. WeU,5 wete ins tatted using 2 " PVC .6 to.t.ted pipe 4 : 30 pm 3- 23-9.0 - Wett,6 were monitored and caps were ptaeed Bob Bn.aun' 6 time = 3 houkA Fiela Engineer C o n s u l t i n g Engineers & Land Surveyors P.O. Box 861 • 2010 N. ith Ave. • Bozeman, ytoncana 59715 • (406) 586-0588 '. 5 rmu VS.G E.:.�ri:•r:n•_. 3wcmm. G a on En gin -znng & ii -eying 7 r 1 TEST HOLE LOG 7ROJECT J. C. $-11-t .io n .aa f 9 0- 51 9 AOL_ t 'Mw- 1 STATE MT counrY Gatta.tin LacAr(an: r 2S a 5 E sEc 9 TaACT S Si TE OESC..i?iran wheat Fietd ct_YArton -s. 4 8 3 0 1 Ar; 3- 2-2- 90 IEC7Roeo 3Y B. i e/c -)RILL .'tETH00 Backhoa oRILLsi Bob Bnaun 96 " 2" PVC TOTAL :E?IH :Ast.rc T•rvf :no oEscat?r:on JE?rri i n?_= ;r: iiiagviiuta �E3C n :riIiinq t ia;a:til ::anoIec:on I . I I ' off-7- 12 " I l I DaAk. b,.o.wn -top�soiZ Sandy s.it t I 1211 18" Tan 6 iZty Sand - � I 18 " 1 96" I i I I Wa.teA @ 6 '. 2 ' 4 : 30 pm 3-22-90 i Uean eoaA,6e gnaveZ max zize: SmaZZ bou.2din I 'I I i I 9.6 " I I - I I I i . l G-a=n Enon.eerinz & S-L eying TEST HOLE LOG aaa ;,cr I. C. 8i2tion .os 90- 518 .oc: i�fW 2 5TAre MT C3UNrT Gatta:tin !ockrton: r 2S a SE Ec 9 TACT SITE GESc.?iPTIOm Wheat F.CeY—d TVA r(Ott G.S. 4830 oArT 3- 22 — 90 A;CoaoEo 3T B " ' c ' e/L oatL_ Backhoe OaiLL_A Bob Bnaun i4TA� 7E?rH cAs[mG 77PE .oio 7ESc7c?r:oi 2 PVC i = - •:aca^ veil � 7E?Tri $ 1P'__ ]r: i i inq r luIa c3�'r?TiOrl -AT!QY i nq a1:a �e(I _onoleccon ' � I i , a. J 2 " i I I DaAk bnown .to n6 oiZ � f ' 1 1 211 ^ 1 8" j I Tan 5 itty sand jJ 8„ - 9611 f Wa.ten. @ 3 . 4" 4 : 30 pm 3- 22- 90 j - U can co an/s e grcav eZ max zize: 6ma.2t boudZO-A i I i T I I i 9 6'r I I I I i i &aston Engineenng &*4Wying TEST HOLE LOG ?Ra tT-cr I C . Sittio n '08 9 0— 519 ,oca , IUw' # 3 scar; MT couHrT Gatta.tin Ucxr(on: r 2S a 5E sEc 9 rzxc7S ELS Ei siT= OE3C:,(?T(IJis Wheat FieZd ,'-Evnr(on s.s. 4830 garE 3- 22- 90 a,cJROEo jT B. ' ( en' OR( MET:ioo Backhoe JR(L'-=' Bob 8naun :JT l :E?iA 8411 CASING T`.'P? ;,xo JEScu,?r:9y 2" PVC i soczs ., 1 i .IVrn i inq :';liinq ?1:z '1z(I ,;�naizcon I . 0Irk } 2 It I ` 1 ` I I Da,%k bnown -tohsoiZ I t i 12" 30" Tan sitty 6and _ -tnan�s.c-t-i.o n to cn.eam 6,Uty &and i with CaCO3 i I 30" 84 " platen @ 2 . 9 ' 4 : 30 pm 3- 22-90 Ctean coarc/se gnave2 max zize : zmatt bouZden i 1 _ 84"' i i 1 i I I j I I Gaston EngmeerIng & Sul TEST HOLE LOG J C gittio n .oa9 0- 5 1 g A0L-- I VW. 4 STATE MT coumrT Gattatin UcArco,,: r 2S a 5E SEC 9 79 A c T SEIZ 0ESc:ZcprT0X Wheat Fietd rl—TYArcom G.s. 4830 oArz 3- 2.2- 90 AECNOE] 3y B. McY-t en. ]RILL MET*i00 Backhoe -IRCLLt-1 Bob B)taun CNG - a(p r:om 201 Pvc ,OT.L vrx 8011 ;,4o oEsc a z P ni uic )r:I I nq r 0.11 S 5 ZA Iri i I i nq lie! 011 1211 I ` I DaAk brown -to pso 't _ ► I � 1 0 1211 Water @ 1 0 Tan .6itty 6and 4 : 30 pm 3 22 -90 tn.anzition to 7 cteam 6itty sand with CaCO 30 It 7 8011 3 7 7 7 Clean coaA,6e gAavet max 6ize: 6matt boutdvt 8 0 TEST HOLE LOG �Ro;Ecr 1 . C. 3.f:ttion toa_t 90- 519. dol"c t Mw- # 5 STArz ITT coup rT Gatta.tin .oc,;rzom: r 2S a 5 E si:c 9 7A A c ElsS EL slrE OEsc..farton Wheat F.ieZd aI_var;oe G.s. 4830 )arz 3- 22- 90 aEcaRoE] 3T B. I en. ORIII •MUROO Backhoe -OR ILL_I Bob Bxaun u roTAL )E?rH 8011 CnSIvG i'!PE :No OEscacprI'OV 2 PVC a0 Cd5 a :'. a .. ....� ju .. SA.,lp : )r:i1inq Iuic Jc��.i[?r;0;1 ;Sii:'"' i'OY j )rillina ?ace ` '+tll ::a�ait!:on r I off= 121 Darr Fz bn own $o n's 0it T 1 1 12"— 18"� I Tan .bitty .6and _ I i 18"_ 80" platet @ 3 . 0 ' 4 : 30 pm 3- 22- 90 Clean Coat..6e gtaveZ max 4-1-ze: smaZZ bo.uZlt 1 � • I 1 0 rr — 1 �► Gasmn Eng.ne nng & Sig- -tymcr TEST HOLE LOG ?Ro ECr I C. 6i:-2ti:on :aa i 90- 519 ;o�z � MW- # 6 STxrE MT counrT Gatta-tin !oc:rto,r: r 2S i 5E sEc 9 . ra;cTS � L. SITE OESCat?TION Wheat F.i:etd Et_varion •;.s. 4830 oarE 3- 22- 90 IECOROEO sr B. i x e/t •)R[l_ •IE':ioo Backhoe ORlu_s Bob Bnaun ' rr u ,oTA. :E?rH 84 C:.Si:1G ?Q v0 OE�C�I?f;Ov 2 PVC y?'_: inq Jlu1J A7 04 ,riiiinq Aa:_ 1 . 0 1 2' I I DaAk bAown -to es oit I 1 21' 181 , Tan s.i t ty sand _ I � I � 18"_ 84" i i _ I I " Clean coan,se gnavet I max A cze: dmatt boutd n I Water @ 4 . 5 ' ` -` 4 : 30 pm 3 22- 90 I - I . 1 I I I - 1 j i I I ' I � • � 1 1 1 1 1 1 1 � � 1 1 � 1 1 1 1 i 1 1 _ Gaston Engneeering Surveying W.O. # 90-518 GROUNDWATER MONITORING REPORT Billion Chrsyler Mazda Bozeman, MT This report is s summary of the depth to groundwater results at r the Billion Chrsyler Mazda site, Bozeman, MT. These wells were monitored from March 22, 1990 to December 5 , 1990. A tabulated form of the depth to groundwater for the nine wells is on the third page followed by individual graphs for each well . Construction for the drain system shown on plan sheet 1 of 2 began the first week of June 1990 and was completed by June 25 , 1990 . Four monitoring wells lie inside the enclosed draintile area ( #1 , #6, #8, and #9) . Monitoring well #7 is located 200 feet from the drain tile in the south east corner of the site . Wells #2, #3 , #4, & #5 are all located over 160 feet north of the tile area. RESULTS : Prior to installation of the drain tile ,. the depth to groundwater ranged from 1 to 9 feet for the nine wells . A substantial increase is noted in the depth to groundwater during the installa- tion of the tile for wells #1 - #6 . This includes the wells that lie outside of the drain system. Monitor Well #1 indicates a 3-foot lowering to groundwater in June . Well #1 is right in the middle of the proposed effluent drainfield site . , It should also be noted that the drain system substantially buf- fered the effects of irrigation on the draintile field. Note the drastic peaks in Monitoring Wells #2, #3, #4, and #5 in the beginning of July. These wells lie outside of the drainfield while wells #1 and #6 lie inside and show no substantial decrease of depth to groundwater due to irrigation. 1 it a i , v o 1- S Groundwater Monitoring Report W.O. # 90-518 Page 2 CONCLUSIONS : Minimum depth to groundwater after installation of the drain system is about 8.5 ' for wells #1 and #9 which are closest to the effluent drainfield site and about 7 ' for wells #6 and #8 . Similar 1990 monitoring well results at a location approximately 2" miles northwest of the Billion site would indicate that seaso- nal high groundwater occurs sometime in early July. (See Brentwood Addendum - Michael Garrity attached. ) This in mind, the draintile system provides approximately 6.05 feet of vertical separation between the trench bottom and the water table for well #1 at a time of year when the groundwater should be at a high. WELL 1 Exis�'in G � rou n 2•S' I (plax)j Q Trench (3o f"f°m. �8I3/9o) (Tr-ourd wa +er Su✓FQG� At a minimum, (well #6) we get 6 . 98 - 2. 5 ' =. 4. 48 ' from trench bottom to water hole . These results would indicate that minimum separation requirements have been met or exceeded. Mack Stiff i • Z GROUNDWATER MONITORING RESULTS Project No. 90-518 DAYS DATE TIME SITE It SITE 12 SITE 13 SITE 14 SITE 15 SITE 16 SITE 17 SITE 4S SITE 19 3.7 1 22-Mar 04:30 PM -6.20 1.40 -2.'30 -1.00 -3.00 =4,50 4.1 .39 30-Apr 09:00 AM -6.20 -3.90 -2.90 -1.30 -3.60 -4.90 5.5 56 16-May 03:00 PM -6.05 -3.53 -2.50 -1.45 -3,10 -4.55 5.8 64 24-May 04:00 PM -6,20 -4.00 -3.50 -2,50 -4.00 -4.95 6,01 72 01-Jun. Oi:30 OM -6.35 -4.30 -3.80 -2.80 -4,20 -5.20 6.25 90 08-'Jun 04:00 PM -6.25 -4,30 -'.85 -2.30 -4,30 6.43 ' 97 !;-,Tun 03:30 PM -6.97 -5.42 -4.110 -3.05 -5.01 -6.26 6.64 102 20-Jun 02:30 PM -5.75 -4.47 -3.33 6., 1;14 22-Jun 10:78 hM -:,.�:; -4.'1 -_.'1 -S.iiS -6.3 6.:3 il�i %UN-';-;;) 86 -4.� -3.4 -5.19 6.e7 109 JU1'i-27-90 -5.66 -4.54 -3.43 2 6.9 1!U 0 -:J,72 -4.58 -.,. = -1, ? 6.073 iz: JUN-_.-90 7.06 i14 •;ili -ii2-9`ij -=,24 -1.0' --.48 7.19 7LH -6A-Wi 7._3 _ILL -?.Z.! -4.4 -.:.!5 -.5.2: -0.'�4 -9.3.-! -?._� -;, c �1 iIIJ-- -J - 7 C :l Cf i_h-10 -4.:1 -S,i? -? -... ? -`9.25 -..4 .3 - 1Et_ -! . 1 It ` 11 T"1, ][1.1 41 ITO'f'? IV . . JON , Ll ...-..----------------------- ........... -----•----------- L�L W I— --- -------- ------ --------------­------------- ................................. L 1 '- • ___) l_._,I Cr_, _ -------------------------------------------------------------------------------------------------------------------------------- F-- .Jp... -------------- •--.._------------------ ----- -- 1_ i �r --1 No Water in Well Ci - :_�_ fM, 1 0 12 1 4 1 9w m m. m m m m m mw m m m m mom M � r 0 DEPTH TO G' OUNDWATER 1 i b H TO Gt''CUNDW, , 1 7 1 1 . 1 r � 1 1 r { _r i r 1 L : -- - f'D 1, lop- 1 _ F.f. r m�I lV I✓ 1 m m man m m m m m r m rl s m ri EE l ��J -G.00012 f— <r v - .... - ._...._...._. r ------------- ............................ ----------,- i - --- ----------- [" I water in Well i I j I � ( ? I x' ? I i 1 I j UEPTIMOTO vrc:(DIJNDWATER • r Cl r i .. i r i I 1 � r r i i i t r i Ci ---------- ........... -9 lJ LY __.._..-----•-••---- ....------......._ -; ._...__---------__ Lij n _____.-------- —�_, -�- N o W a e r in Well :r' i 1 (J 11 12 13 DEPTH TO '� I �� �, GROUf� D "TER I j I � i I _ i I r 1 . t D E 1 H TO G r CkL II .. Vol ! i " i ( 17 it rt z7 ,� I i 1 1 • BRENTWOOD ADDENDUM - MICHAEL GARRITY 1 . Depth to Water Table (Feet) o -1 M W cn M --,I CO 0 0 ' 0 0 0 0 0 o co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7 0 — ■ C D o (Q � C/) 0 . CA) z 0 0 � ■ 0 � . 1 - C 1 CD 07 c ea arrity ' Well #6 10.00 9.00.................................................................................................................................................................................................................................................................. 8.00..................................................................................................................................................................................................7............................................................... 7.00................... ............................................................................................................................................................................................................................................ .......... . CD W ........................ 6.00................................................... ................................................................................................................................................................................. CD5.00.................................................................................... ......................................................................................................................................................................... 4.00.................................................................................................................................................................................................................................................................. 0 3.00.................................................................................................................................................................................................................................................................. 2.00.................................................................................................................................................................................................................................................................. 1 .00.................................................................................................................................................................................................................................................................. 0.00- Mar. 4r. May June July Aug. Sep. Oct. Nov. Dec. Jan. Feb. Months No Water Present r r Depth to Water Table (Feet) O --1 N W -P. C.n . C) --1 CO (0 O 0 0 0 0 0 0 0 C 0 0 0 O co 0 0 0 0 0 0 0 0 0 1 12) D 1 1 cD . i r � co o . r CD 1 � . 01 o o 1 0 r+ M -n r rt P- r r � � r - r r Depth to Water Table (Feet) ' O O O O O O O O O O O , 0 0 0 0 0 0 0 0 0 0 0 1 CD — ■ c ooc CD r :3 � r cn 0 - G) z , 0 < MOM% 0 0 '...�■ m c :-(D c� —n CD 1 is ea Garrity Well #7 9.00................................................................... ........................................................................................................................................................................................... .............................. ..... .. ..... .. . . .. . .... ...... .. 8.00 ............................................................................................................................................. ........-*..............m.................. 7.00.................................................................................................:................................................................................................................................................................ -0 cd6.00................................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................................................. 4� (Z 4.00.................................................................................................................................................................................................................................................................. 0 3.00................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................. 1 .00 , . 0.001 Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec. Jan. Feb. Months No Water Present is ea arrity Well #8 10.00- 9.00.......... ..................................................................................................................................................................................................................................................... a) a) 8.00................................................. ..................................................................:......................................................................................................................................... a) 7.00 ................. ............................................................... .......... ............. ........................................................................................................................................... ................................................................................................................................................................................................................................................................. a) 5.00.................................................................................................................................................................................................................................................................. 4.00.................................................................................................................................................................................................................................................................. 0 3.00.................................................................................................................................................................................................................................................................. a) 2.00.......................................................................:................................................................................................................... n 1 .00................................................................................................................................................................................................................................................................... 0.00- Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec. Jan. Feb. Months No Water Present 1 � • 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 'C/` _. f � ' '. _` � ' '�� ��; ,;,�, �� �� �1�'� �_ �' ��_ �� ,• i�. �� l►1�`► C�N1-. IS�f��J fv1-1MEO'TZ�s IL � A PLANNED UNIT DEVELOPMENT i t PQEPAQED BY: CIKAN AQCNITECTB 544 E. ML_NDE.NNALL ' BOZEMAN, MONTANA 59715 t (406) 586-3624 i Via. 1 TARr.F p C�pNTFNT� Pages: ' INTENT- OF PLANNED UNIT DEVELOPMENT 3-4 APPLICATION FORMS PLAN SUBMITTAL REQUYREMENTS BACKGROUND AND EXISTING INFORMATION 5 ' Ownership Legal Description Gross Acreage Nature of Interest in Development of site ' Ownership Interests Existing Structures F.A.R.s, Building Locations etc. ' Existing .Land Uses 6 Land Uses within 1/4 Mile ' Vicinity Map 6.1 Land Use Map 6.2 ' Zoning Map 6.3 Topography 7 ' Hydrology Water Shed Aerial Photo 7.1. ' Area Drainage Map 7.2 t Vegetation 8 Viewsheds Development Constraints Map. 8.1 ' Traffic .Descriptions 9 ' Existing Recreation and Trails 10 Proposed Trails Historic Resources ' Adjacent Property Owners Report Ll PLANNING OBJECTIVES 12-14 ' COMMUNITY DESIGN OBJECTIVES AND CRITERIA 15-25 1 1 v COMMUNITY IMPACT STATEMENT 26-32. ' Water Sewage Disposal ° Solid Waste Disposal ' Roads Traf f is Utilities ' Emergency Services Schools Land Use Housing Parka and Recreation Facilities Taxation Fences ENVIRONMENTAL ASSESSMENT BY ENGINEER 33-35 Surface Water Groundwater Groundwater Supply Geology,Soils,Slopes Vegetation Wildlif e. n Historical Features Visual Impact ' TRAIL SYSTEM AGREEMENT 36-37 ' GROUND WATER STUDIES 38-43 DEVELOPMENT MANUAL ' SITE PLANS (SEPERATE SHEETS) P.U.D. site plan Billion Chrysler/Mazda 1 ' 2 • w ' BILLION PLAZA A Planned Unit Development PROLOGUE Joe and Sue Billion, owners of the 20 acres of land being reviewed are proposing a P.U.D. which will compliment the recently ' completed Billion Chrysler/Mazda building which occupies the front portion of the 20 acres. The approval of the Chrysler/Mazda building occurred at the same time that conceptual approval of ' the total Planned Unit Development before you was granted. The Development Manual was reviewed by the various groups in the review process, and the suggestions and concerns have been addressed in the revised Manual. ' INTENT OF THE DEVELOPMENT A: To develop a Planned Unit Development in accordance with the goals, elements, objectives, and policies of the City of Bozeman s and Gallatin County"s adopted Master Plan. As shown in a later section of. this document, the Development is an excellent example of the application of the Bozeman Area Master Plan. ' B: This innovative Development provides the opportunity for better employment by creating an environment that will accommodate not only auto-related businesses but also ' accommodate clean assembly businesses, of which a number of inquiries have already been received. By allowing the moving of such businesses as Billion Chrysler/Mazda from the downtown area, it allows the downtown area to continue- to grow in a ' manner more compatible with the types of stores and businesses that thrive in the downtown area. ' C: This project shows the efficient and economic use of land by creating a commercial node at the intersection of 2 arterials as delineated in the Master Plan. This allows the development to take advantage of the access of Highway 191 and at the same ' time directs the growth perpendicular to the Highway rather than parallel, allowing more land between intersections to remain as open agricultural land. This in brief is one of the main goals of ' the Master Plan. D. This development provides open space in its restoration of Baxter Creek to its original meandering path. Being in the area ' designated in the Master Plan as "Urban Growth Area", the services have been designed to accommodate connection to future city services as they become available while providing to ' current owners an internal system that provides the necessary water and sewer services required while addressing all governmental requirements for protection of the environment. ' 3 i E.. Based on the guidelines of the Bozeman Area Master Plan, ' this, __projEct_demonstrates the appropriate means of development. _ All concerns_ of proper drainage management have been addressed as well as flood damage " F. This project encourages trip consolidations through the clustering of similar uses and reduces traffic congestion by ' moving inappropriate uses from the downtown area such as Billion Chrysler/Mazda and giving inappropriate businesses in the downtown area such as motor supply and machine shops a location ' to relocate to which is more conducive to the way they do business. G. The P.U.D. has incorporated within the open space accommodations for paths developed in cooperation with the Parks, Open Space, and Trails committee for integration with future development of trail systems. The interior of the ' development accommodates pedestrian traffic between uses in the project. H. By the clustering of like uses, some energy co sumpti ) may be realized, depending on the particular uses e built in the project. Additionally, recycling of waste oil is anticipated, thus reducing energy requirements of the buildings. ' I. The Project focal point is the restoration of Baxter Creek, which not only accentuates this special feature of the land and ' orients it toward traffic on 191, but also restores a native pattern of plant growth along the stream and helps restore fisheries which were previously damaged. Additionally, great care has been taken in retention of storm run-off and removal of oils ' from the run-off before entering the stream. J. Through its extensive requirements in the Development ' Manual such as landscaping, use of open space, and building requirements, this project sets a new standard in quality, design and character of new developments. K. This project is located within the Master Plan "Urban Growth Area" and adjacent zoning includes Business Park and Residential/Of f ices. ' L. Through the clustering of uses within the "Urban Growth Area" and at the intersection of 2 arterials, this project. t reduces the pressure of strip development which encroaches on agricultural uses and runs contrary to the Master Plan. M. This project is an excellent example of logical growth ' patterns as described in the Bozeman Area Master Plan. It has taken into account both planning concepts and technical input and has addressed them in a way that sets a new standard for ' the future growth of the Bozeman Area. t 4 ' BOZ E MA N C I T Y—COUNTY P L A N N I N G O F F I C E CARNEGIE BUILDING - 35 NORTH. BOZEMAN ' P. 0. BOX 640, BOZEMAN, MONTANA 59715 (406 ) 586-3321 , EXT. 227 ( FAX #587-7785 ) ' C O N D I T I O N A L U S E P E R M I T A P P L I C AT I O N ----------------------------------------------------------------- ' Certain uses, while generally not suitable in a particular Zoning District, may, under certain circumstances , be acceptable. When such circumstances exist, a Conditional Use Permit may be granted subject to certain conditions: The permit is granted for a t particular use and not for a particular person or firm. No Conditional Use Permit shall be granted for a use which is not specifically designated as a conditional use in the Zone Code. ' ----------------------------------------------------------------- 1 . Name and address of property owner: J CU+loh.( ' y7)v� w. l 11\I ST' Phone : 5&n • 4-5- A2- 2 . Name and address of applicant: c ' Phone: 3. Name and address of Engineer/Architect/Planner: PIS VAMP CI V,d,1.1 AC -4 l-t GTs l°C. 544 E•Hi✓U7aE'uFAUP h o n e: 56,� ' 4. Name of project/development: 5 . Address of proposed development: CCON&l L1000 + 9-uf:�rl 1g_- 1 6 . Legal description: ��Z �4 GzF �iC�[WI �, T2�,, �Ea M•� W, 7 . Current Zoning Land Area sq . ft. 19AW acres ' 8. Describe the proposed development (use. additional sheets if necessary: 2v4G � VLd.UA,E—Q ALL: T,�E1EIMTd&4 : ' 9. Review Fee: $220. 00 ( add $40 if property is within Historic Preservation , -Conservation , or Entryway Overlay District, and complete and submit appropriate form) . ' This application must be accompanied by appropriate fee and 15 copies of a completed site plan ( see submittal requirements ) drawn ' to scale on paper not larger than 24•'x36" . Application deadline is 5 : 00 p.m. every Tuesday. This application must be signed by both the applicant and property owner ( if different) before the ' submittal will be accepted . I (We) hereby ' certi'f_y.__ that the above- information is true and rect to the best of my (our) knowl ge. A pl i ant' s Signature ro er Owner;'.s; Sign a..--tb re . . • • ,� 1 . ... 1 . . 1 . . 1 1 � 1 1 1 1 �1 i 1 1 � . i . : 1 .. . . : , . . ; : . .. ; s . . . . . . _.. , . . ., . � . .1 : �. ........ ........ ... e, i .n � /. , � �. .. e .. ��. � � .. '.. - � � i . . � �� ' CONDITIONAL USE PERMIT SUBMITTAL CHECKLIST File No. ' Applicant: �J. CC Subject Property Address : aDTOULcll�r_0 904-D *:tQ ' This checklist shall be completed and returned as art of the P p submittal . Any item checked "NO" or "N/A" (not applicable) must ' be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. Fifteen copies of the site plan drawn to scale on paper not larger than 24"x36" which ' contain the following : A. GENERAL INFORMATION YES NO N/A ' 1 . Name of project/development ✓� 2 . Location of project by street address ✓ 3 . Location (vicinity ) map, including area ' within 1 /2 mile of site 4. Name and mailing address of developer/ow.ner ✓ 5 . Name and address of engineer/architect, ' landscape architect or nurseryman ✓' 6 . Date of plan preparation and changes ✓ 7 . North point indicator 8. Scale of 1 " to 20 ' , not less than 1 " to 100 ' ✓ 9. List of names and addresses of property owners within 200 ' of site , using last declared Gallatin County tax records ✓ 10 . Stamped, unsealed Main legal-size envelopes addressed with names and addresses of property owners described in #9 ' 11 . Zoning classification within 200 ' ✓ 12 . Phases of development, if appropriate ✓ B. SITE PLAN INFORMATION ' 1 . Boundary line of property with dimensions and setback lines of front, rear and side ✓ ' 2 . Location, identification and dimension of the following existing and proposed data, to a boundary of 100 feet outside of site plan boundary unless stated otherwise : ' a. topo contours at a minimum interval of two feet ✓ b. adjacent streets and streets r/w to a ' distance of 150 feet, except for sites adjacent to major arterial streets where the distance shall be 200 feet V, ' C. on-site streets and rights-of-way ✓ d, ingress and egress points ✓ e, traffic flow on-site and off-site ' f. utilities and utility rights-of-way and/or easements ( 1 ) electric, natural gas, telephone cable television ✓ ' (2 ) water , sewer (sanitary, treated effluent and storm) ✓� g, buildings and structures h. parking facilities „ including hike racks i , water bodies and wetlands ✓ j , streams and irrigation ditches k. grading and drainage plan, including sufficient spot elevations, storm water detention areas and storm water discharge destination . Detailed basin sizing inlet/ outlet details and discharge calcs will be be required prior to final site plan approval 1 . significant rock outcroppings ✓ M. sidewalks, walkways, driveways, loading areas and docks , bikeways n. handicapped accessibility provisions o. fences and walls �_ • • � 1 1 1 1 1 1 1 1 1 1 1 1 p. exterior refuse collection area' and enclosure detail '✓' ' q. location of exterior lighting, including detail and height ✓ r. floor plan ' S. snow removal area t. exterior sign design, including height, size, materials, illumination, security thereof ✓ ' U. landscaping including plantings, equipment, botanical and common names, size of plantings at time of planting and at maturity , type of irrigation ✓ Detailed information regarding parking, screening and landscape 1 requirements available in Chapter V8. 52 of the Zone Code. All landscape plans shall be prepared and certified by a licensed landscape architect or Montana nurseryman for uses requiring more than fifteen '( 15 ) parking spaces. 1 3. Number and size of employee and non-employee off-street parking and loading spaces, existing and proposed ' 4. Site statistics 'including - - site square footage ' - percent of site coverage ( building and parking ) - net dwelling unit density ✓ - percent of park or open space 5. A reproducible copy of the site plan with appropriate signatures (when required ) ' C. BUILDING INFORMATION ON-SITE ' 1 . Building elevations of all exterior walls of all structures ✓ 2 . Materials to be used -+1 1 3. Height of elevation of lowest floor and location of lot outfall when structure is proposed to be located in a floodway ✓ ' or floodplain area D. PERMITS 1 . A list of all required and applicable ' permits and status of applications , ✓ ' E. REVIEW FEES 1 . Conditional Use Permit - $220. 00 2. Conditional Use Permit w.ithi.n Entryway, Historic Preservation or Conservation Overlay District - $260. 00 NOTE: The review of signs in conjunction with this application is ' only review for compliance with the Bozeman Sign Code. A Sign Permit must be obtained from the City Building Department prior to erection of any and all signs. ' 1 ' F3AGKGROL�N7� AN77 FXr�'TTNC= T•N '4033 N1AXICUN ors: ' Joseph C. and Susan P. Billion ' Legal Description: E1/2SE1/4SE1/4 of Section 9, Township 2 South, Range 5 ' East, M.P.M., Gallatin County, Montana Gross Acreage: 20 acres ' Nature of ijaterest in d .v _ orment of property: To provide a site for a centralized location of various Auto Dealerships, Commercial sites, Light Manufacturing ' and related businesses that would provide a centralized development for purchases and services. Ownership interests: ' 20' Easement to Mountain States Telephone on South and East Sides of Property. ' Number of stories of existing Structures-. Billion Chrysler/Mazda has approximately 20% of its ' floor area on a second floor, largely storage. Floor area Ratios, Buildir_�g Locations etc_ ' CAlthough thi�is--a zoning-=-P:U.D:-Nand--no-specific-buildings are,._propesed-•at this-t-ime,the.r:e-are 3=indicatora-of the floor to- -rear-rdtios,.,,Pavement coverage ratios; ' Firat, the�Bozeman..area zone,Kcode----aLaclreisses these. S ndly;,�the Developm'e. nt�Manual-further :iE cddr�sses these in,-a—mores-restrictive-'way�than° the-zone coder Finally, a ' look at the Billion Chrysler Mazda Dealership gives a representative indication of a typical project in the development: ' F.A.R.=.0816 (16,000 S.F.) of Drive and Parking=51% Bug�Locat _oris�wTl vary depending-on the-use;as ' de.acrbedin the Developmerit"`Manual:�However itsshould be noted that -the orientation of all buildings with n the evelopmenl be--toward the interior str_eets,�AutU Plaza ' Dr—a Competition'•`Dr� 1 I 1 5 Existing Land. Uses: Property is currently used agriculturally for dryland crops as is most of the adjoining properties. The Master Plan land use map shows the property to be split between ' "Public Lands/Open Space" and "Suburban Residential" with the property across 191 is shown as "Commercial". ' (See Regional Map "A") Land Uses within IZ4 mile: ' As shown on the most current land use map, land uses proposed for adjoining properties are as follows: South: Commercial, Public Land/Open Space ' East and North : Suburban Residential West: Public Lands and Rural Residential ' Existing Zoning designations are as follows: Applicants property: RO ' South: AS East: BP North: AS West: RO ' According to the City/County Planning Office, there are no pending rezonings, development or subdivision approvals. (See Land Use Maps "A","B") 6 `�!d ;34 35 BC 5 4 712 97Z8T -T2 `4 72 5 7-=-- I I _4 .39 TU __ h -�- ' bUIiSTON ROAD v___- _- _ ••', - � I• I '� ;.• is !'� ,E_ > I I (:• •• I Por< All ir r,•, " '- '. ��� c��fl...�.�• •I 1 � ;c� r +g.� c14�+��-t�}1ti;�i�(�t S '' - 1 •IL •11 •I • I c i ,, F?. 0 ,. ;•�I I�,RESI DE CE -- I I • l+ I• e L� s _/ `� I I f'.-p•k >I•_�r"-__—'_'' �— _i _.4-: /� h�"hX�i,::,r.�dr �c':� • Pn� BLS Lr -- ------- i -- I •j� R VERS- N D �TR AL) 1 .y-.. ASIAERS • L' - 1 \ • • � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • -C-77.' SEVVEQ SERVICE ♦ R ♦ , do I Mimi �i `. ��, .� ;ptt•Ily, L�,41 "�'�141�;,vi'o. Ago A ` • • 1 PA - 0 r ORION0 Simon INN 1� !_ ' Topography: There are no significant rock outcrops, slopes greater than 15% or any significant topography ' feature in this area. Hydrology ' Wells within 400' of the project: There are only 2 wells within 400', both of which are on the Nelson property to the South. A third well ' is located on the Three Rivers Disposal property, but is further than 400'. ' Groundwater has been monitored at high levels on the project. As a result we have, installed at subsurface drain system (see drawings) that has lowered the ground water more than 8" ' even at the highest season. There are no natural or man made features that ' will be affected by this project. According to Gaston Engineering, the 100 year flood projections do not exceed 110 cfs, nor are ' there flood plains which exceed 100 cfs. (See Aerial Photo of Water Sheds up and downstream) 1 1 1 7 ';z��c;,r�;ng,}.��•x>';'�111j� w�•a'v�r���wii�T�+���(•�!�l�;t$ji �. 'I� ''�(. '� ��,! 1 J+ �i m' d*k 'r•' .Ili �tt� � :i,�.�is�1•`�� �. wf�' � � r ""�� •' !i SH � if�i'�� V {.N�� ,� �`�. � 'tr '.-. ;7: ,. rft�k {S 1t•,R,, r t�'P�� 0 'sl, 0 �.', - w t��4>� ♦ ��; .'}s lji.. ) I:LiYw'$!r '4 i`(T�},y�•�yzY3y,tiYr •'nk � ^ - :S i' �•-'� `'' �''d D�41"'` �Ir�. 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''Z,,11•� + } � ti.+'S •�.}',1 L+t I F,( r' •}, � � �•`Xw,�L ir�jµy t• r:T r:,',. �; '`} ;,b,l' ,A�"'b,!:•41� Vf�"z. ��'�OX,I>'.L7 °• .v�k',�fM � •e��I� :.�:.i"-'{� �, f.+ .l..�, - �'Mt.+_7A.., .�iif^' Irr. .;., BF%TER DITCH LOWER MIDDLE CREEK Aokjer Creek Bolter Creek MAYNAR DITCH SUPPLY DITCH (FARMERS ERS CANAL) BECK-BORDER DITCH McDonald or FARMERS CANAL Spring Creek lie Creek SPRING DITCH SLOUGH DITCH . (FARMERS CANAL) N.P.R.R. N// {MANLEY) WEST LAKE DITCH 1' Cost Dry Creek _ _, _ _ _ _ __ _ _ LEGEND FARMERS CANAL GO. HOY DITCH CO. {-:3� anal. � � ,I•, ,, •R is'• 1 3 f:: Ib`Q' - -'9 �, j MIDDLE GREEK DITCH CO. I l WEST GALLATIN CANAL CO. _ � .�7g. -..;'•. • • }s> `s .. = .,'�_'•--- NUE ® (KLEINSCHMIDT) PRIVATE IRRIGATION L ' •� DDooc Middle or 4' H llle Creek - t . , , : , 1 �00000OOoe ?;�q` �ODODDC y \ ' ,l T,. .T. ++,k') �ODODODO00CBOZEkI,gN �000000� DDODoMC 1I� B 'I .,I.'k ���� .DIvT5C1H(II,, i�. If ��r• -' �� - II __-__ _ ;•�_s C00C MIDDLE GREEN DITCH MYRON FERRIS DITCH 'S]0OJ� (LATERAL) COLLETT DITCH - ' f � ~ • I�� - - �:�'v' f C.M.S T.P. B R.R. (BRANCH) ANCH)) Dry Creek C.M.ST.P. B P. R.R. (BRANCH) • WLE U i HOOL I q HOFFMAN DITCH I _ y' ,• ,- I i � I 1 I t� •� i FARMERS CANAL - �� • -- I U / 4* POND u I r /-Bird Springs Creek HOFFMAN-TODD DITCH _ , "f• I _- I T I 26 I • •• END OF LEvERICM LATERAL t (MYSTIC LAKE DITCH) MARSHALL DITCH _ `�• ' >R� . II ' _ I MYSTIC LAKE DITCH f (LATERALS) 31 33 34 • + MAIN OR"66" DITCH T. 3S-R. 4E II LEVERICH LATERAL KLEINSCHMIDT CANAL HOY DITCH (MYSTIC LAKE DITCH) GOOCH-GANT DITCH HANSEN DITCH MYSTIC LAKE DITCH T.P S-R.SE Dry Creek MIDDLE CREEK DITCH i TESELLE DITCH Middle or JOHNSON-PASHA DITCH Nyolire Creek 37 Ve, eta_t_.i_nn_- ' The site and area surrounding the site consists solely of pasture grasses and grain ' crops. Viewshed.s_ ' Views from site consist of Views to the southwest of the Spanish peaks and to the Northeast of the Bridgers. ' Views of the Site .are most prominent from Hwy.191. These views of the site will be of. ' minimum impact due to the open space surrounding the entire south end of the development and the additional setback of the ' . structures. (See map) Although no vistas occur at this time because of the relative flatness of the site, A ' distinct vista will 'be created by the development of the open space and enhancement of the water element. ' (See development constraints map) 1 i ' 8 �/% /'��sicJ-J�ir-".►xr.._c/:i�/• III I per—� _ '�'� I _d���JLL/�.f�Air%.� i `::�w rr'�iiis.� r.��l ' wIl �II ' / • iI _.u.�u.o uuu.ru.cs.otr�. � � -� -�-:•.._.__.____viv T'- j } u■�u.ou.u.vuuu..rv" '� /• ► ►w-w is�. r iiii��`n.voJ:- ��/ orrcru.u.�w...numv vooJ.►s�-d.�iN�i uum.►-wuiuus- �� d/� �.N.i-�'>s'^_�issnn.►��►sirn•.�� ��'f' .mm�r,■o,.� 1/...�U AJ ✓- ss.- rv.nuJ..s.v+- � QO�' �I !�'/���%d�I.u'i�i'�:II1iTi/'I'�J•��ru I ®' ��'� /��{�� �/lP'l+L' 11�RiIJi-�_ei%=.�.W'V.� ■■Ay■■�I /I P1 �� IN'I�iI'�_-�/.►'-_.dl":I.AJYIJ.-e�v- n •�► 'IA��I�/" i� A�i"�r._-I.ia��P-ram%...i-► � / �� ■ ■ .Nrnlw.�- jl Lam:�R-•r'-�-i7c'sa��'j.■ I;n - I • h��i�uunem���mnmtmili�mnm��uli�n � , � A�"QIIIII111111111111�II1111111NIII1ttI1111WIW�1111111111111111' - � '''��11111111111111111111�1111111�IIIi�111��ii�����'► �"� �'' .J►J.N.1•IIJ �AJINr J� i � � � � � � � � � � � � � � � � � o �._ - -_- -T _ _ - _ _ -_ -- _ � � _ = r - _ � - y.. _ - � _ �� _ ,� - �• _.�... _ _ _ _--j—,� �,�r".-�e-,.e.4�. .:L' 5...,ri.�..�J.,,„�,. .R,� :� "�` _ :��� _ .=,a—'f�- r`w.-�_ _.__.J�1,.f `.�Y 1 • 1� .� ��, 1 ' Traffic descrhptions: All traffic to the site will access from the extension of Cottonwood Road, and would not ' access directly from 191, although the right to do so does exist. ' In meetings with the highway department, We were told that they preferred our plan to a direct access. They asked that the extension of Cottonwood be aligned with the existing ' Cottonwood, requiring the applicant to provide right of way for more than half the road. The applicant will also be negotiating with the State for additional right of way needed for the .proposed project to widen 191. (shown on drawings) Although no existing pedestrian or bicycle ways exist, we have shown the provision of a path to accommodate each which could connect ' to future paths to either side and have reviewed and had approved by the P.O.S.T. Committee The roads within the project will be provided ' with curb and gutter to control any on street parking (Parking will be permitted on only one side of the proposed street). ' Traffic within the project will be 2 lane, 2 way traffic and posted speed limits will be 25 mile per hour or less. Cotton wood road is designed for 4 lanes with a landscape island. Initially, the west .2 lanes will be installed and used as a 2 way road. Completion of the road will occur at such time as the county deems necessary. Schedule of roadway improvements: Initial roadway improvements will be to pave Cottonwood to the first intersection of the proposed street, 1 and to the points shown on the plat. The remainder of proposed streets would be paved at the start of construction of buildings on those ' streets. Cottonwood to the second intersection would be paved at the completion of substantial construction of buildings on the. northern lots. (For further traffic information, see the engineers" traffic section) ' 9 ' Existing Recreation and trails_ None within 1 mile_ Pronose_d Trail= A trail along 191 has been reviewed and approved by the P.O.S.T. committee and a copy of the t waiver is included in this submittal. Applicant has also agreed in this waiver to allow an additional trail along the cree4.to the northwest at such time ' as said trail can connect to the adjacent property. Historic Resou=e: none within 400' I?e,velopwent Qpnstra;nts= See Map for combination of various restraints. 1 1 i t 1 . . 1 10 -*77 OWNERSEIIP REPOR'P OF PROPERTY NAME & ADDRESS TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M. Frank Kountz, Jr. "':Section 15: W1/2, except the NE1/4 Dayle Harris Kountz NE1/4SW1/4 and except ap proximately Richard Frank Koontz 5 acres des=ibed in and according to 8616 Huffine Lane ';.r:'.the Certificate of Survey in Film 15, Dozeman, Montana 59715 Page 303. ' TOWNSHIP 2-SOUTH, RANGE 5 EAST, M.P.M. R.R. Nelson Section 16: NE1/4NE1/4NE1/4 and NW1/4 431 N. 7th Ave. NE1/4NE1/4 as shown on Certificate of Bozeman, Montana 59715 Survey No. 25. ' TOWNSHIP 2 SOUIH, RANGE 5 FAST, M.P.M. Norton Ranh, Inc. Section 9: Wl/2E1/4 and NEl/4SEl/4, 8553 Huffine Lane ' reserving and excepting therefrom Bozeman, Montana 59715 a strip of land 41 feet in width off the East side of said NE1/4SE1/4. Deed ' reference Book 124, Page 398. TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M. F. Disotell Section 9: W1/2SE1/4SE.1/4 P.O. Box 35961 ' Tuscan, AZ. 85740 SUBJECT TO the interest of the Travelers Insurance Company as disclosed by Sheriff's Certificate ' of Sale on Decree or Order of Sale filed May 31, 1990, under Document No. 213147, records of Gallatoz County, Montana. ' 'IC*1NSHIP 2 sourp., RANGE 5 EAST, M.P.M. Delaney and Company, Inc. Section 9: a portion' of the NE1/4SE1/4 27 E. Main Section 10: SW1/4 Bozeman, Montana 59715 ' All as shown an Certificate of Survey No. 1005. SUBJECT TO the interest of the Travelers Insurance Canpany as disclosed by Sheriff's Certificate of ' Sale on Decree or Order of Sale filed May 31, 1990, under Document No. 213147, records of Gallatin County, Montana. N ' This Ownership Report is made solely for the benefit of Dan Kamp for the purpose of assisting in the detenn niation of ownership of the subject property herein described. No determination of legal sufficiency is herein represented. ' This is to serve as a report only and no title opinion is expressed herein, nor is any guarantee of title. represented. ' SBCLRITY TITLE OCMPANY ' Gerald R. Wine ' FEE: $135.00 1 ' PL-ANNTN G• OBJ"FC'T VFS Master Plan Statement ' The Master Plan to the Billion Auto Plaza has taken into account all of the criteria supplied within the background information and provided a workable solution to the various ' physical constraints of the site and at the same time provided a creative project that is responsive to the new Bozeman area Master Plan and Zoning Code. ' L- There are a number of specific goals of the Master Plan that were taken into account in the planning of this project: A: Goal 9: PROMQTR AND ENCOURAGE ARSTURTICALLY PL.EA_SING CLUSTER ' LNELOPMENT ON THE APPROACHRS TO THE CCYTY- b_ Permit highway business only when clustered in planned commercial centers or other compact commercial nodes_ The Concept of this project is to consolidate a number of low traffic-generating commercial uses in such a manner as to make those uses readily ' accessible from a major arterial, and at the same time not spread those uses 'down a long length of ' that arterial. A project of this `concept directly addresses the concerns of strip development by clustering a number of uses on a relatively narrow frontage of 191 and at the same time ' taking all access not from 191 but rather Cottonwood. B: Goal L IDENTIFY ENVIRONMENTALCONSTRAINTS AND P RSE_R_Y A1�5THH-�'I QS7�QRS OF THE BO7.LMAN AR A_ b. Identify and protect areas with ' special characteristics such as stream corridors and wetlands within the jurisdictional area_ Not only has the developer preserved the existing; stream corridor, but in working with governmental agencies has greatly improved a stream that was ' damaged long ago. By returning the stream to its original meandering path and incorporating a series of small ponding areas has not only made it more conducive to fisheries, but has greatly enhanced the visual appearance from many directions_ ' 12 1 ' C: Goal 2. SUPPORT THE ESTABLISHMENT AND MAINTENANCE OF GREENBELTS AND,QR—OPEN SPACE, INCLUDING THE PRESERVATION OF 'TRAIL AND OPEN SPACE ,M RS- b_ Through subdivision review, annexation and zoning, emphasize the ' establishment of trails and open space corridors. ' Through approval of this P.U.D., this master plan goal will establish both an open space corridor and trail areas. ' D: Goal 6. PRESERVE_ PROTECT AND PROMOTE HIGH QUALITY STANDARDS FOR THE BOZF21AN AREA'S GROUNDY]ATER, SURFACE WATER AND AIR_ ' a_ Encourage stream bank buffer strips for sediment, erosion and water pollution control and to protect ' riparian areas. This project incorporates detention of storm run- off and retention of solids and oils from storm run-off. ' E: Goal 9- PROMOTE AND ENCOURAGE AESTHETICALLY PLEASING JST R DEVELOPMENT ON THE; APPROACHES TO THE CITY_ ' b. Permit highway business only when clustered in planned commercial centers or other compact commercial nodes. ' Clustering of this development reduces pressure on strip development while still allowing access to a main arterial. i ' prT-Rr_Tf'_ FA ,TLTTTFiS F: Goal 3. ENCOURAGE DEVELOPMENT TO OCCUR WITHIN THE BOMMAN URBAN ' QQW'1'H AREA. This project falls within the Urban Growth Area. ' Additionally, Both Water and Sewer have been designed and approved by the city staff for future connection to city services. ' 13 +� • 2: Open Space, Landscaping, Buffering and Circulation: By taking the existing stream (a relatively unnoticed ' feature), restoring it to its original natural form and making it the focal point of the development, we are greatly enhancing the appearance. of the site and at the same time creating a greenbelt/open space area that has extreme visibility from 191 and functions to provide a vista between the project and the highway. Note that the landscaping of the project is intended to mimic the natural growth patterns and plant materials that occur in the existing agricultural areas of the valley, such as cottonwoods and willows following the path of creeks and streams. ' The Open Space will be maintained by the owner as a part of the property until the subdivision of the property ' occurs, at which time it will be deeded to the Owners Association and maintained by them. i T�devElopmental=guideline_s dic__t`e-a fu1--range-of requirements--fo-r landscaping=and bbu-fffering:Theyrar-e in-alb ;:tes e.yual to o.r_mo.re:strict han the,sBozernan�Z�ne-GociF. There-dre�-part° cu=ldr= egurements-•forbuff�ring=the I adjacent grope-roes-from^-future~ us-es�in�t E-P:U:L-31ong� thr���we s t�and�N orth� '� 3: Services: By designing a water and sewer system which is intended to eventually be connected to city services, we have ' addressed the concern about a ring of private water and sewer systems which will impede .the expansion of the city"s central system. We have addressed numerous concepts which have been encouraged through the reworking of the master ' plan and zone code, and feel that this project in many ways embodies the intent of the extensive work on both documents. 4: Estimate of Number of Employees: Exact number of employees may vary depending on final uses. (See engineers community impact statement.) 5: Development Phasing schedule: All improvements will be installed in a single phase except for paving as delineated above. 1 ' 14 1 COMMC7NITY DESIGN 07�T�=CTIVES ' AND CRITERIA ALL DEVELOPMENT: ' 1. The development is sensitive to the environment in its restoration of the stream, extensive open space along 191 and ' the elements incorporate into the Development guidelines relating to architectural scale and materials_ ' 2. The project is more than adequately designed for additional traffic beyond the designated uses and should not have adverse impact on future surrounding development with the elements that are incorporated into the Development Guidelines. ' 3. Numerous meetings with the DRC have helped produce a project incorporating their input and following their procedures. . ' 4. The goals and objectives were taken into consideration in the earliest stages of this development and incorporated wherever possible. (See section above) 5. The development complies to all city design standards. 6. The sewage generated by the development will not exceed ' the sanitary sewer system"s capacity. 7. Adequate water has been supplied for all aspects of the ' development including fire protection. 8. Adequate Electrical service exists. 9. Based on the traffic figures supplied in the traffic analysis, the City Transportation Plan will be capable of handling ' the traffic generated by the development. 10. Adequate emergency access is provided by multiple accesses from Cottonwood.Road. ' 11. Adequate .security lighting is important to the owner and will be provided. ' NATURAL RESOURCES: 12. The slopes into Baxter Creek have been reworked to ' provide a gradual slope to minimize danger to life or property. 13. No sites of natural or geological hazards or unfavorable ' soil conditions have been identified on the proposed development area_ ' 14. The project has no existing vegetation, but rather. incorporates new vegetation with the appearance of a natural character. 15 1 ' 15. The fish habitat and stream banks have been greatly improved over what originally existed. 16. The proposed project is not located within an historic ' district and has no other historical significance. 17. The proposed Planned Unit Development fully meets . Master Plan objectives for clustering and typifies the intent of clustering. 18. The proposed P.U.D. will meet all air quality standards. ' 19. The proposed P.U.D. will meet all water quality standards as demonstrated in the site plans and the extensive measures taken ' on the Billion Chrysler/Mazda project. 20. Operations within the P.U.D. will be .conducted so as to meet ' the performance levels of the Zone Code and as further specified within the Development Manual. 21. No operations which produce glare will occur without ' mitigation techniques. 22. No operations which produce vibration are anticipated ' within this project, but should such a use occur, it will have to meet the requirements for vibration mitigation as required within the Development Manual. L A �0 ��- iaT Fhc7Jr/ES ' 23. All light design as spelled out in the Development Manual t! j will -be designed and installed so as prevent glare in all directions. ' 24. All sewage and wastes will be treated and disposed of in such a manner as to meet all applicable standards. ' SITE DESIGN: 25. All elements of the site design are arranged within the ' organizational theme of the overall P.U.D. All circulation and accesses are oriented to either Plaza Dr. or Competition Dr. as well as pedestrian circulation. This is in keeping with the character of the Development Guidelines which likewise orients ' all activities toward those 2 streets and away from highway 191. 26. The elements of the site plan produce an efficient and ' functional organization, and make for a cohesive planners unit development. 27. All consideration was given to the project's relationship to ' the stream and 191 and was designed accordingly. The maximum exposure of the limited natural elements were considered and ' enhanced. ' 16 28. Street traffic is designed for• a minimum of street length ' through the use of curvalinear shapes. The auto dealership utilizes the recycling of waste oil for heating the shop area. All sites are oriented in such a way as to allow for the ability ' to use solar. heating if desired. 29. Elements of the Development Manual clearly require the ' maximization of privacy to a large extent within the development. 30. The great emphasis placed on the stream corridor and trail contribute greatly to the aesthetic quality of the site ' configuration both for those using the project and for those viewing the project from 191. ' 31. Vehicular circulation both through the development and on the Billion Chrysler/Mazda Site was a prime consideration in the design of the project. The orientation of the project to Plaza Dr. and then to Cottonwood before joining 191 should be a large ' factor in the safe and smooth movement of traffic. 32. The parking facilities far exceed those required by the ' Bozeman Code. Facilities for unloading have not only been well thought out for practical use, but in the case of Billion Chrysler/Mazda, care was taken to keep the visual aspect of ' trucks unloading as obscure as possible. i 33. The recreational area of this project is the open space along 191 and the stream corridor. This could be, used by all employees and customers of the P.U.D., although no residential is proposed for the project. 34. The peripheral sidewalk system will function to bring ' pedestrians from one business to the next. It was felt that due to the nature of the types of businesses and activities that it was not desirable .to bring pedestrian traffic directly from one ' business to the next so as to avoid conflicts with traffic. 35. The project addresses connection to the adjacent ' development that may occur on 191 as well as the isolated land zoned R-U that is 'situated at the end of Competition Dr. Should the adjacent owner choose to develop, This project would provide ' an additional access to his land. 36. As stated in #34, Pedestrian circulation is designed with safety and convenience in mind. ' 37. Although no adjacent developments exist, This project has anticipated future development and designed the trail system to ' accommodate future development. 38. Landscaping has been used extensively to screen vehicles, accentuate the stream corridor and pedestrian path as well as ' serve as a backdrop for some signage elements. 17 I j 39. The landscape plan has been set forth to accentuate the ' buildings and stream corridor as well as function as a buffer between uses. This is clearly defined within the Development Manual. ' 40. The landscaping is required to screen utilities, parking, loading, trash and storage areas, and other low interest areas 1 from view of traffic and pedestrians as required in the Development Manual. 41. N/A 42AI1 signs as defined iri t"he DEvl�pmrit Manual willybin compliance ,.With the parameters of .tYie' Hozeman `Sign ' AUIO-RELATED AND INDEPENDENT COMMERCIAL. USES 1. All repair, painting and body work activities are planned ' to take place within an enclosed structure. 2. N/A 3. The project does earn at least 50% of the points calculated for the variable criteria. ' VARIABLE CRITERIA A. The design of the project has moved the activity away from ' the intersection of 191 and Cottonwood and onto the interior streets of the development- B. The project is not contiguous to another development. C. Primary access to the activities is from Auto Plaza Dr., an non arterial street. ' D. The project is on 20 Acres. ' E. The Project contains numerous significant uses.(see Development Manual list of Uses.) F. N/A G. The project does not have at least 1/2 of its property ' boundary contiguous development. H. N/A ' 18 ' Development Group: 1 ALL DEVELOPMENT 1 ' Application: ' All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of this development group. 1 Is Criterion Will Applicable 1 Applicable to: Criterion Be Satisfied: Required Criteria: Prelim- Master' in Final Yes No Plan Flan Plan Nelghhorhood Compatibility 1. Is the development oompatible with,and sensitive to the immediate environment of tho site and the-adjacent neighborhoods relative torarchRectural design, building bu§Jand,�heightgFa ghborfo x identity, landscaping, histortcal`character, onentati of buildings x x on fhe site and visual integration? �- 2. Is the project designed so that additional traffic generation beyond what maybe approved for permitted uses does not have a significant adverse impact on adjacent and surrounding devel- X opment? x x 1 v3l. Have the guidelines outlined in Chapter 18.51, Development Review Committee,been followed concerning identification and x x x discussion of impacts related to the proposed development? 1 ✓4. Is the development in accordance with the adopted elements of the Bozeman Area Master Plan and its accompanying goals, ' objectives and policies? x x Public Facilities, Services and Transportation ✓�, Does the development comply with all City design standards, requirements and specifications for the following services: x x x e Water Supply •Trails/Walkways/Bikeways 1 •Sanitary Supply • Irrigation Companies • Fire Protection • Electricity • Flood Hazard Areas • Natural Gas ' •Telephone 9 Storm Drainage •Cable Television *Streets ' (continued) -A- 1 Development Group: I- y ALL DEVELOPMENT IV Is Criterion Will Applicable Required Criteria: Applicable to: Criterion Be 1 Satisfied: Master Prelim- Final Plan inary Plan Yes No IPlan ✓6. Will the sewage generated by the development not exceed the Isanitary sewer systems' line and treatment capacity? N/A ✓7. Will an adequate water supply exist to serve the development? y y X ✓la, Will an adequate electrical power supply exist to serve the development? y y y 1 r/g. Will the City Transportation Plan be capable of handling the development's traffic generation? x X X a Does the development provide adequate access for emergency ' service? X X X �•��. Are all vehicular use areas and exterior building areas provided with adequate security lighting? X X X 1 - Natural Resources ' 1 2 Have precautions been taken to minimize hazards to life or property due to irrigation canals,stream channels or other water X x x bodies? ' A3, Have known areas of natural or geologic hazard(e.g.,unstable or potentially unstable slopes, faulting, landslides, rockfalls, ' flood, and wildfire, etc.) or soil conditions unfavorable to urban , }° x development had special engineering precautions taken to �' x overcome natural constraints or have these areas been set aside from development? ' �14 Does the project preserve or rwVace existing natural vegeta- tion? X X X v(5 Have special precautions been taken to preserve existing wild- tifo habitats, natural wildlife food services,or existing places,or are these areas being preserved? X x x -16 If the proposed project is located within a locally-designated Historical District or includes a localty-designated landmark structure, is the project in conformance with the City's Historic 1 Preservation Ordinance? N/A If the development is proposed on existing agricultural land or 1 open space, does it meet Master Plan objectives for clustering development? X x x (continued) 1 Development Group: ; 1 ALL DEVELOPMENT � 1 Is Criterion Will Applicable i Required Criteria: Applicable to: Criterion Be Satisfied: Prelim- MP cater inary Plan al Yes No ' Environmental Standards plan, v1$.Will the project conform to applicable local, state and federal air ' quality standards,inc!uding,but not limited to:odor;dust;fumes or gases which are noxious,toxic or corrosive;suspended solid or liquid paticles;or any air contaminant which may obscure an X X X I observer's vision or impair breathing? ' ✓ 1 Q.Will the project conform to applicable local, state and federal ' water quality standards,including,but not limited to:erosion and sedimentation; runoff control: discharge of solid wastes; and X X X discharge of hazardous substances? ✓Z0.Can the proposed land uses and activities be conducted so that noise generated shall not exceed the minimum performance levels as specified in the City's noise control ordinance Section 1 18.50. of the Zoning Code?Detailed plans for the elimination of X X X objectionable noises are required before the issuance of a building permit. , ,,/21.If the proposed activity produces glare or heat,whether direct or reflected,is the operation conducted within an enclosed building or with other effective screening in such a manner as to matte ' such glare or heat completely imperceptible from any point along the property line? Detailed plans for the elimination of glare or X heat are required before issuance of a building permit. X X ' ,/22.Will the project causean inherent or recurring generated vibration perceptible without instruments at any point along the property line? Temporary construction may be excluded from this crite- X x rion. X ✓ l Is the exterior lighting, except for warning, emergency or traffic I signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area?The installation or erection of any lighting which may be confused with warning signals, X X X emergency signals or traffic signals shall not be permitted. ✓24.Will all sewage and industrial wastes be treated and disposed of in such a manner as to comply with applicable local, state and federal standards? Detailed plans for waste disposal are ro- quirod before issuance of a building permit. X X X ' (continued) -c- • Development Group: ALL DEVELOPMENT 1 Is Criterion Will Applicable Required Criteria: Applicable to: criterion 6o Satisfied- Master Prelim- Final Plan 'nary Plan Yes No Plan 1 Site Design /25.Are the elements of the site plan (e.g. buildings,circulation and open space, and landscaping) arranged on the site so that 1 activities are integrated with the organizational scheme of the X X X community and neighborhood? ' ✓26.Are the elements of the site plan(e.g.buildings,circulation,open space and landscaping,etc.)designed and arranged to produce an efficient, functionally organized, and cohesive planned unit X X x ' development? '//27.Is the design and arrangement of elements of the site plan(e.g., buildings circulation,open space and landscaping, etc)in harmony with the existing natural topography; natural water bodies and X X x • �8. water courses; existing vegetation; and Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placoment; transportation networks; selection and placement of landscape X X X materials;and/or use of renewable energy sources,etc.)contribute to the overall reduction of energy use by the project? 29.Are the elements of the site plan(e.g.buildings,circulation,open space and landscaping, etc.) designed and arranged to maxi- mize the privacy by the residents of the project? 2.30.Does the design and arrangement of buildings and open space ' areas contribute to the overall aesthetic quality of the site X X X configuration? ' ✓31.Does the street and parking system provide for the smooth,safe and convenient movement of vehicles both on and off the site? X /32.Does the development satisfy the parking capacity requirements of the City and provide adequate space suited to tho loading and unloading of persons, materials and goods? x x x i 33.Is each active recreational area suitably located and accessible ' - to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring N/A residential uses? i —D— ' Development Group: ALL DEVELOPMENT 1 Is Criterion Will Applicable ' Required Criteria: Applicable to: Criterion Be `7 Satisfied: 1 Prelim- nal Plan r ;nary Plan Yes No Plan ✓34.ls the pedestrian circulation system designed to assure that 1 pedestrians can move safely and easily both within the site and i 1 between properties and activities within the neighborhood area? X X X✓35.Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated 'pod' to X X X adjoining development? �.36.Does the pedestrian circulation system incorporate design features ' to enhance convenience,safety and amenity across parking lots and streets,including,but not limited to,paving patterns,grade X X X differences, landscaping and lighting? ✓37.Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent developments? X X X -/38.,Does the landscape plan nehance the appearance of vehicular use,open space and pedestrian areas which contribute to their usage and visual appearance? X X X 1 v39.Does the landscape plan enhance the building(s)? -/40.Does the landscape plan screen utility boxes, parking areas, ' loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from X X X / roadways, pedestrian areas and public view? ' ✓4y.It the development is adjacent to an existing or approved public park or public open space area, has provision been made in the site plan to avoid interiering with public access to that area? N/A ' 42.Will all signs in the project be in compliance with the provisions of the Bozeman Sign Code? ' X X F ' -E- Development Group: 4 AUTO RELATED AND INDE- �-- PENDANT COMMERCIAL USES Application: Retail and wholesale commercial activities which are generally considered and typically found ' along highways and arterial streets. Uses include: free standing department stores;auction rooms;automobile service stations, repair facilities, car washes;boat, car,trailer, motorcycle showrooms, sales and repair; fuel and ice sales; greenhouses and nurseries; warehouses and storage; repair or rental of any article; exterminating shops; drive-in restaurants; adult book stores;eating places with adult amusement or entertainment;adult photo studios;adult ' theatres; any uses intended to provide adult amusement or entertainment; and, other uses which are of the same general character. Required Criteria: Yes No NA Each of the following applicable criteria must be answered "yes' and implemented within the development plan. ' �1. Are all repair, painting and body work activities, including storage of refuse and vehicular parts,planned to take place within an enclosed structure or completely screened from oh-site view? ' k'2. It the pro iect.contains an use intended.to provide adult amusement or entertainment, does 4 meet the following requirements: X -Is the use established,operated or maintained no less than 500 feet from a residential neighborhood,church and/or a school meeting all the requirements , of the compulsory education laws of the Stato of Montana? -Is the use established,operated or maintained no less than 500 feet from another similar use? 3. Does the project earn at least 50%of the maximum points as calculated for the following variable criteria't X Is P Criterion 11, Indicate n cabs, Multi- Points A alic. liar Earned PP Variable Criteria: Score P Points Yes No Y VW N A. Is the activity located other than at the intersection of two arterial 1 2 0 2 4 4 streets? X B. Is the project contiguous to and functionally apart of an existing ' neighborhood or community/regional shopping center,office or 1 2 0 3 g x 0 6 industrial park? ' _J_ (continued) 1 . r evelopment Group: AUTO-RELATED AN IND - D !�ENDANT COMMERCIAL USES Is If Ap�li- 1 Criterion cai e, Max- Applicable Indicate Multi- Points A Inc Variable Criteria: Score pfier Earned Points ' Yes No Y VW N '/C.Is the primary access to the activity from a non-arterial street? 1 2 0 3 6 6 . 'ID.Is the project on at least one acre of land? x 1 1 2 0 2 A 4 / E.Does the project contain two or more significant uses (for instance,retail,office, residential, hoteVmotel and recreation)? x 1 2 0 3 6 6 1 F. Is there direct vehicular and pedestrian access between on-site - parking areas and adjacent existing or future off-site parking 1 2 0 3 7 ' areas which contain more than ten (10) spaces? n/ n/a v G.Is the project located with at least 1/2th of its property boundary 1 2 0 5 1 contiguous to existing development? x 0 10 1 H.If the site contains a building or place in which a historic event occurred, has special public value because of notable architecture, ' is of cultural significance,or exists in a historic district does the n/ n/a project fulfill the following criteria? -Prevent creation of influences adverse to its preservation 1 or the integrity of the historic district; -Assure that new structures and uses will be in keeping 1 2 0 2 ' with the character of the building or place. Imitation of period styles should be avoided; and -Propose adaptive use of the building orplace that will lead 1 to its continuance, conservation, and improvement in an appropriate.manner while respecting the integrity of the neighborhood. ' Earned Points/Maxlmum o 20 '36 V TOTAL Applicable Points 1 Zv 4 Z �1 V � 1 1 1 ' COMMUNITY IMPACT STATEMENT PROPOSED J.C. BILLION AUTO PLAZA SUBDIVISION ' GALLATIN COUNTY, MONTANA ' Water This subdivision is proposed to have an on—site central water system consisting of two wells, built and maintained to City standards with the intent to eventually tie into the City water supply system. Domestic water will be supplied from the primary well, with a pumping capacity of 140 gallons per minute. Water for fire protection will be supplied by a second ' well, with a pumping capacity of 500 gallons per minute. Fire hydrants within the subdivision will be spaced according to City standards. Power for the fire protection well's pump and controls is backed up by an emergency generator. ' The proposed central water system will meet the standards of the Montana Department of Health and Environmental Sciences for a public water system. ' Total average daily water demand for this subdivision, when fully developed, will range from 27,750 gpm without irrigation to 69,750 gpm with irrigation. A peaking factor of 4 can be realized within the subdivision to help identify instantaneous demands for water throughout this development. Peak demands will be 58 gpm without irrigation and 581 gpm with ' irrigation. There will be negligible effects on adjacent water wells from pumping of either the domestic welt (140 gpm) or the fire protection well (500 gpm). This was determined when adjacent ' wells were measured prior to installation of the groundwater drain tile system currently 'in use. This underground drain system discharges more than 300 gallons per minute, 24 hours a day, 365 days per year and has not contributed to drawdown in adjacent wells since .it began ' operation in August of 1990. It is also noteworthy that 95% of all domestic water used.in i the subdivision will be reinjected into the groundwater via the sanitary sewage disposal system. Sewage Disposal I A central private sewer collection system is proposed to service all lots in the subdivision. ' The system consists of PVC collection piping, standard manholes, a septic tank, a sewage lift station with duplex pumps, a force main, and a subsurface drainfield. The proposed system has been engineered and designed to accommodate full capacity from the planned ' development and is shown on the plat. 1 ' Solid Waste Disposal ' Solid waste disposal will be by means of a private solid waste hauler, with disposal in the local landfill. All lots will utilize dumpsters or large containers, positioned inside trash enclosures. Waste Management Partners of Bozeman, Ltd. has indicated that they can and will serve this area. This means of solid waste disposal will meet the requirements of the ' State Department of Health & Environmental Sciences. ' Roads It is proposed to dedicate 2866 lineal feet of 60-foot-wide right-of-way, approximately 4 acres, to the public during creation of this subdivision. Utility easements will be included within this right-of-way where feasible, as shown on the plat. ' As proposed, lots will not have direct access onto Highway 191 or Cottonwood Road, but will instead access Auto Plaza Drive. Access to Highway 191 will be via Auto Plaza Drive then Cottonwood Road. tInterior subdivision roads will be paved and.curbed to City standards when initially constructed, minimizing dust generation. Cottonwood is proposed to remain gravel beyond its ' southern intersection with Auto Plaza Drive due to low traffic and so that an appropriate design can be accommodated as adjoining land is developed and demand for Cottonwood Road north of Highway 191 increases. Road design in this subdivision will minimize the potential for erosion from storm runoff. Storm runoff from roadways will where it will be cleansed naturally, accumulating in ditches along the roadways and in a natural swale to the north. The storm drainage systems for individual lots will be designed to meet the requirements of Gallatin County and the Montana State Department of Health and Environmental Sciences. Plans for the drainage system at the ' existing auto dealership have been reviewed and approved by the appropriate City, County, and State authorities. ' Subdivision roads are proposed to be built by the developer, through private contract. Existing topography in the proposed subdivision will allow all roads to be built without the use of excessive grades. All roads will be constructed to City standards within a County standard (60-foot) right of way. Construction of all roads is planned for 1991, pending final plat approval during the 1991 construction season. Maintenance of all subdivision roads will ' be the responsibility of the Billion Plaza Owners Association. I 1 1 r w • Based upon the proposed land use for this development, the expected traffic loading is 1 summarized as follows: TOTAL 1 TYPE LOADINGS UNITS = TE/DAY , Retail Center 315 TE/Net Acre X 1.624 acres' 511 TO Wholesale Outlet 24 TE/1000 ftt X 40,000 ftt 960 TO ' Commercial Office 15 TE/1000 ftt X 20,000 ft2 c 300 TO Coffee Shop 29 TE/employee X 6 employees 174 TE Service Station 57 TE/employee X 4 employees 228 TO Warehouse 81 TE/Nec Acre X 0.525 acres° 42.5 TE 1 Car Wash 33 TE/employee X 6 employees a 198 TO New Car Sales 24 TE/employee X 40 employees 960 TO TOTAL TE/DAY 3373.5 1 TE/Day = Trip Ends Per Day 1 (a) Est. Lot 1.2, & 3, Block 2 to be, used for retail center (b) Est. Lot 1, Block 3 to be used for warehouse Note: All lot areas are net areas. 1 Peak hour distribution is as follows: AM PM IN OUT IN OUT 1 Retail Center (1.624 ac) 5.44 1.49 15.54 17.75 Wholesale Outlet (40k) (20.40)' (177.20)- Commercial Office (20k) 35.20 4.40 6.20 32.40 Coffee Shop (6 emp) 3.12 2.64 10.08 9.24 1 Service Station (4 emp), (43.04). (57.44)' Warehouse (0.525 ac) (5.02). 3.71 6.14 Car Wash (6 emp)** 6.48 5.40 0.20 4.14 New Car Sales (10 emp) 43.20 36.00 13.60 27.60 1 127.64 84.13 166.62 214.09 * Total vehicle trip rates peak hour (split 50% in & out) 1 ** Not found in iTE, quantities are estimated Cottonwood Road north of Highway 191 is presently a paved two-lane road servicing only this subdivision via Auto Plaza Drive. Future plans call for an arterial street complete with 1 center median. U.S. Highway 191 is a two-lane paved road on level terrain with approximately 40% "no 1 passing" zones and is currently functioning at a level-of-service C. The capacity of Highway 191 is 10,000 vehicles per day (VPD) according to the Montana Department of Highways (MDOH). Traffic counts on this highway were taken by the MDOH at the Cottonwood Road 1 intersection and also at the College Street intersection. Peak hourly traffic counts for these two locations are as follows: 1 * Cottonwood & US 191 6pm 823 vph (peak hourly) • College & US 191 6pm 1040 vph (peak hourly) 1 *Information - Lee Alt & Phil Colbert, MDOH 8/27/90 1 1 According to these recent traffic counts, the current volume on Highway 191 is 1,040 vph, occurring at 6pm. Future plans for the highway call for road improvements and widening ' which will increase the overall capacity of this road. At full development, this subdivision will have an increased effect on present traffic patterns. ' Much of the subdivision traffic, however, will occur during times of the day other than current peak hour traffic and will help balance the notably high peak hour traffic flows currently existing. ' In response to recent conversations with Don Dusek of the traffic department of the MDOH, it was suggested that the "Uniform Traffic Control Devices Manual" be used to evaluate the ' intersection against "warrants" in Section 4C that measure signalization potential. All of the warrants were considered by Gaston Engineering. Only Warrant 2 and Warrant 6 were found to be applicable and of potential interest. Warrant 2 deals with the "Interruption of Continuous Traffic". According to this warrant, the Highway 191/Cottonwood Road intersection could be considered for signalization at present. ' MDOH vehicle counts indicate a 70% increase over minimum warrant requirements for traffic volumes on Highway 191. Present volumes on Cottonwood Road south of Highway 191 are borderline, and traffic north of highway 191 is minimal at this time. ' The proposed J.C. Billion Auto Plaza Subdivision will not affect this warrant since the criteria for the minor—street approach considers one direction only. The proposed development is not ' expected to meet or exceed the existing flow of traffic south of Highway 191 on Cottonwood now or any time prior to the widening of Highway 191. ' Warrant 6 deals with Accident Experience . Item 2 of this warrant sets the following criteria for signalization: Five or more accidents, of types susceptible to correction by traffic signal control, occurring within a 12—month period, each accident involving personal injury or ' property damage apparently exceeding the applicable requirements for a reportable accident. ' Gerald L. Anders, Project Analysis Engineer for the MDOH has provided accident information on this intersection over a 4 year, 3 month period (1/85 to 3/89). During this period, nine accidents occurred, all of which were non—incapacitating or less serious in ' nature. Four of those nine occurred during typic,-tl car dealership hours (8 am to 6 pm). In those four accidents, no injuries were observed. Clearly Warrant 6 is not met. As noted in Section 4C-2 of the "Uniform Traffic Control Devices Manual", "The satisfaction of a warrant or warrants is not in itself justification for a signal." Warrant 2, though .it is met, does not justify signalization for the intersection. Signalization may in fact decrease safety ' and the functional operation of the intersection. Appropriate signage would be an effective means of adequately controlling the intersection. A deceleration lane was recommended for this project by Terry Copenhaver, Geometric ' Design Crew Chief for the traffic unit of the MDOH in Helena. A deceleration lane is proposed, based on the requirements for a 60 mph rural highway according to "Approach Standards for Montana Highways" (1983). The geometry and dimensioning of the proposed ' deceleration lane are in accordance with this publication. Mr. Copenhaver indicated that the MDOH strongly discourages application for acceleration ' lanes. Mr. Copenhaver pointed out that the benefits of implementing an acceleration lane are minimal considering the long lengths required for acceleration. No acceleration lane is ' proposed based on Mr. Copenhaven's recommendation and based on the fact that Highway 191 is proposed to be widened sooner than full development buildout is anticipated. The proposed public roads within the subdivision will provide one access to Highway 191, which is maintained to provide year—round access. Subdivision roads will be maintained by the Billion Auto Plaza Owners Association to provide year—round access. Utilities ' The p,eliminary plat has been submitted to the utility companies for review. Montana Power Company will furnish the electrical and gas utilities; telephone service will be furnished by ' U.S. West. Utilities will be installed underground, and will be contained either within the road right of way easements or within separately dedicated easements as shown on the plat. All utilities will be installed underground. Emergency Services 1 Fire service will be provided by the Rae Rural Fire District located on Gooch Hill Road near its intersection with Highway 191. Police protection will be provided by the Gallatin County Sheriffs Department with headquarters in Bozeman. Ambulance service will be provided by Halls Emergency Service located on Griffin Drive in Bozeman. Response times will vary but ' are estimated not to exceed 15 minutes for any emergency response. ESTIMATED TYPE PROVIDED BY RESPONSE TIME ' Fire Rae Rural Fire District 3 -.15 minutes Police Gallatin County Sheriff's Dept. 3 - 15 minutes Ambulance Halls Emergency Service 10 - 15 minutes Medical Bozeman Deaconess Hospital ' Schools The J.C. Billion Auto Plaza Subdivision will not require any school services due to its strictly commercial nature. Land. Use The proposed Development Manual for J.C. Billion Auto Plaza will ' govern land use for the subject property. At present, the only local regulations affecting this property are the City of Bozeman Master Plan, City of Bozeman Zoning Ordinance and the Gallatin County Subdivision regulations. No comprehensive plan has been ' developed for this area to date. This proposed subdivision is not contiguous to any existing ' corporate limits, and it is not proposed to be annexed to any existing municipality. However, a waiver of right to protest annexation to the City of Bozeman will be signed by the ' applicant. The proposed subdivision is not adjacent to or near any public ' lands. Adjacent land uses include agricultural and residential uses. ' This subdivision should have minimal impact on adjacent uses as a result of its design and its guidelines for development. This site has no known health hazards or nuisances associated with it. ' Housing No housing is proposed for this commercial subdivision. ' Parks and Recreation Facilities Approximately 5.083 acres of this development have been permanently set aside as open space to preserve wildlife habitat along the stream corridor and to preserve a sense of openness as the property is developed. An easement to accommodate a public pedestrian trail/bicycle pathway has been granted along U.S. Highway 191 . In addition, an easement along Baxter Creek has been provided for a trail at such time as a trail plan for the area is adopted. The applicant has signed a waiver of right to protest improvements to both trails. and has agreed to construct the bicycle path at such time as ' adjacent property owners construct their portions of a trail according to an adopted plan. I Taxation For tax purposes, the J.C. Billion Auto Plaza Subdivision ' property is currently classified as Suburban Tract Land and generates approximately $435 per year. As Commercial Land, the property will generate approximately $655 per year for unimproved lots. This figure does not include commercial structures, which are anticipated to be of high quality and considerable expense. The addition of structures to these lots will substantially increase the tax potential of the subdivision. i Fences The only existing fences bordering the property for the protection of agricultural lands are owned .by entities other than the developer. Any fences,. existing or to be constructed, that are for the benefit of the owners association will be maintained by that association. Any fence constructed by an individual lot owner will be paid for and maintained by that lot owner. 1 1 1 . 1 ENVIRONMENTAL ASSESSMENT PROPOSED J.C. BILLION AUTO PLAZA SUBDIVISION GALLATIN COUNTY, MONTANA Introduction The proposed J.C. Billion Auto Plaza Subdivision is located in the E 1/2 of the SE1/4 of the SE1/4 of Section 9, T2S, R5E, P.M.M. , Gallatin County, Montana; more commonly located at the ' intersection of U.S. Highway 191 and Cottonwood Road. The town of Bozeman is located approximately 1 mile east/northeast of . this subdivision. Surface Water 1 Baxter Creek crosses through the southwest corner of the property. Baxter Creek is a perennial stream which flows northerly from a spring originating just south of the subject ' property. This stream is used primarily for irrigation, stock water, and fishing. Several trout ponds are located in the stream directly upstream from the subdivision. Supplementing the ' required 35-foot stream setback is an additional 15-foot setback required by the subdivision guidelines unless a written exception is granted by the Declarant. I According to the 1988 Flood Insurance. Rate Map for this area, the subject property is designated as Zone X which is entirely out of any flood plain. Groundwater ' As indicated in Geology and Groundwater Resources of the Gallatin Valley_, the alluvial aquifer is recharged by underflow from adjacent areas and by infiltration of irrigation water and ' precipitation. Nine monitoring wells were installed on the subject property to measure groundwater, which ranged from 1 to 9 feet over a year' s t, time. Due to the high groundwater in the area, an underground drain tile system was installed by Gaston Engineering as shown on the plat. This drain tile system has successfully lowered the groundwater in the area drained to greater than 10 feet throughout the year. Measurements taken at monitoring, wells outside the drained area show near-normal readings, indicating that the. drain tile system has had little or no impact on the surrounding aquifer. To avoid degradation of the groundwater in this area, a private ' central sewer collection system is proposed to service all lots in the subdivision. The proposed sewer system has been designed and engineered to accommodate full capacity from the planned • 0 ' development. This system is shown on the plat and has been approved by the Montana Department of Health and Environmental Sciences. tHigh groundwater outside of the drained area shown on the plat may require basement construction limitations. Groundwater Supply ' This subdivision is proposed to have an on-site central water system consisting of two wells., pressure tanks, distribution piping, fire hydrants, and valves. This system will be built and ' maintained to City standards with the intent to eventually tie into the City water supply system. Capacity at the domestic well is 140 gallons per minute with a second well for backup , domestic supply and for fire protection that will supply 500 ' gallons per minute. There will be negligible effects on adjacent water wells from pumping of either the domestic well ( 140 gpm) or the fire protection/domestic backup well ( 500 gpm) . This was determined when adjacent wells were measured prior to installation of the ' groundwater drain tile system currently in use. This underground drain system discharges over 300 gallons per minute, 24 hours a day, 365 days per year and has not contributed to drawdown in adjacent wells since it began operation in August of 1990. It is ' also noteworthy that 95$ of all domestic water used in the subdivision will be reinjected into the groundwater via the sanitary sewage disposal system. 1 Geology - Soils - Slopes P There are no known geologic hazards associated with the property, which can be generally described as an alluvial plain. Gallatin County SCS estimates 0-4% slopes in this map unit; contour ' intervals are shown on the plat. The only known geologic factor likely to affect normal construction practices is the high groundwater found in some areas of the property, which will limit basement construction. The soils found on this site have been visually classified according to the Unified Soils Classification System and are ' reported on drill hole logs enclosed in this report ( see Figure 1, Soils Logs ) . These soils range from a dark brown sandy silt topsoil, 12 inches thick, overlaying a tan silty sand, 6-18 inches thick; all of which overlays a clean coarse gravel. The soils in this area are adequate and abundant for landscaping purposes. ' Roads or streets shown on the plat have been designed with minimum grade changes and minimum disturbances to the natural terrain. The only significant fill required for street 1 • 0 ' construction is at the intersection of Cottonwood and Highway 191 . IVegetation ' The vegetation located on this project site has a growing season of 90-110 days and an annual precipitation of 15-19 inches. The major uses are irrigated and non-irrigated crop land and range land. Existing vegetation is limited to grasses, weeds, and some 1 residual crop species. ' Wildlife There are no known big game winter range or key wildlife areas on this site, although Baxter Creek does support a number of fish ' and waterfowl. Deer may graze the field at times. There should be minimal disturbance of the Baxter Creek fishery ' due to the realignment of Baxter Creek into its original stream channel . The reconstruction of Baxter Creek was carefully designed to enhance fish populations in the area. In addition, wildlife habitat will be minimally impacted due to the 50-foot ( total ) setback from the creek and the abundance of open land surrounding the subject property. 1 Historical Features There are no known historical or paleontological sites associated with the subject property. Visual Impact ' All utilities, such as water, sewer, natural gas, electricity, and telephone lines, will be located underground to minimize ' visual impact. The parking areas of the automobile dealership have been broken ' up to reduce the impression of a "sea of asphalt" , and berms along Highway 191 have been installed to reduce the visual impact of the development. The fact that .the elevation of the subject property is lower than Highway 191 further helps to reduce the ' impact of structures on viewsheds from the highway. Baxter Creek has been carefully reconstructed to enhance its ' appearance and its habitat capacity. An open space area adjacent to the stream ensures continued visual access to the stream corridor.All development occurring within the proposed subdivision will be subject to P.U.D. review and approval and will have to meet Entryway Overlay standards per the City of Bozeman Zoning Ordinance. Waiver of Right to Protest Improvements to the trail system along U-S_ 191 and Baxter Creek ' I, the owner of real property situated on the County of Gallatin, State of Montana, and described as follows: E1/2SE1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M_P_M_ , GALLATIN COUNTY, MONTANA In Consideration of receiving approval for a Conditional Use ' Permit, do hereby agree to construct a surfaced trail as shown on the Final Site Plan dated May 21, 1991_ I do hereby agree that construction of such trail will occur at such time ' as the Parks, Open Space, and Trails Committee, the Bozeman Recreation Advisory Board, and the City of Bozeman have approved and adopted an area Trail System Plan_ Construction of said trail will commence at such time as contiguous ' segments on adjoining properties commence construction in accordance with the trail system plan_ Furthermore I do hereby agree to allow construction as an adjoining trail along the Baxter Creek drainage through that area shown on said Plan as "Open Space" at such time as proper access is acquired and adjoining trails are completed on the adjacent properties_ This Waiver shall be a covenant running with the land and shall not expire_ I warrant that I am the legal owner of the real property described above and have a lawful right to convey the property or any part of it_ r r • • Dated this day of 1991_ 1 Joseph C_ Billion, Owner 1 STATE OF ) SS County of ) On this day of , 19 , before me, a Notary Public for the State Of personally appeared Joseph C_ Billion, the owner of real property described above and the person, who executed the foregoing waiver, and acknowledged to me that he executed the same_ I IN WITNESS WHEREOF, I have hereunto set my hand and set ' my seal -the day and year first above written_ Notary Public for the State of Residing at , My Commission expires t (SEAL) 1 1 1 1 1 1 1 1 1 cr Gaston Eng necring & e TEST HOLE LOG Paojscr J. 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I C en aecaeo.� It )ac�� .,e':+aa Baclzhoe aacL.:A Bob Shaun 84 " 2" PVC r ;aL�� :E�rN c.:si:ic �"aq .;.va oE�czc�ri�.r - •a:' .elf•)E?ri: i.:Y°i.: )r:iiinq Iuio �5;.."(?r;�Jtl _..:Si(:i.:i:C) '- iiIinq Aa:a �unole;ian 1 I oil 12 I I I Da/Lk bn.ocun .to pb oit 1 211 1 8 Tan .s.i.t t.y sand [ _ I I1 "_ 8411 J- 7- C.1'can eo ana e . anav et max 4.4 ze: 6maZY- boutd� �c 1 I I Wa.ten @ 4 . 5 ' -' 4 : 30 nm 3- 22- 90 l - I � I j I I - i I nw 1 • � � 11 , 1 1 it 1 DEVELOPMENT MANUAL ' 1 1 BILLION PLAZA 1 Bozeman, Montana 1 1 1 Prepared by: Gerald M. Gaston,P.E. Gaston Engineering, Inc. 2010 N. 7th Avenue 1 Bozeman, MT 59715 1 D. J. Kamp Cikan Architect,-, P.C. 1 544 E. Menderdi:ill, Suite A Bozeman, MT ;;9715 1 1 1 1 1 � 1 1 DEVELOPMENT MANUAL ' 1 1 BILL,ION PLAZA 1 Bozeman, Montana 1 ' Prepared by: Gerald M. Gas'--on,P.E. Gaston Engineering, Inc. 2010 N. 7th Avenue ' Bozeman, MT 59715 D. J. Kamp Cikan Architects, P.C. ' 544 E. Mendenhall, Suite'A Bozeman, MT 59715 1 1 1 1 • ' CONTENTS 1 ' BILLION PLAZA DEVELOPMENT MANUAL 1 1 Section A Introduction Section B Protective Covenants Section C Development Guidelines Section D Review and Approval Process 1 Section E Design Sketchbook 1 • i TIO A Il\TTIZ ® I� �JCN 1 1 INTRODUCTION . The purpose of this Develop E.. anualTis to_expand�and-supplement the cFf of-Bozeman Zoning Code_to_ins ru the harmonious-de_ ' -- m�ent of ' Billion Plaza. This manual will also serve as a guide for developers within the Plaza as well as being the primary reference for the Architectural Review Committee. ' The Development Guidelines (Section C) establish restrictions that strive to create a park-like setting that will benefit the users of Billion Plaza and also be a positive contribution to the Bozeman Community. The Protective Covenants (Section B) establish the permitted uses within the ' Plaza and create the Billion Plaza Owners Association for the on-going maintenance and operation of the Plaza. ' The Review and Approval Process (Section D) outlines the procedural steps required by the Architectural Review Committee of the Plaza, the City of Bozeman Planning Department and the Bozeman Building Department. The Design Sketchbook (Section E) shows graphic examples of acceptable design approaches to building design, signage, lighting and landscaping. • B PROTECTIVE COVENANTS ' DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ' BILLION PLAZA ' This ti De lar made this c a on, a e t s day of , 1991, by J. & ' S. Billion (hereinafter referred to as 'owner"), of Bozeman, Montana, is made with reference to the following facts: RECITALS: ' A: Joseph C. & Susan P. Billion, owners of that certain real property in the County of Gallatin, State of Montana, described on Exhibit "A" attached, and appearing as follows: ' Description ' E1/2SE1/4SE1/4 of Section 9, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana. ' B. The Property is being developed as a Commercial Plaza known as Billion Plaza. Declarants desire to subject the real property in this center to ' certain covenants, conditions and restrictions for the benefit of the property, ! Declarants, and the purchasers of lots in this development. It is intended that said covenants, conditions and restrictions bind and benefit not only said ' purchasers and Declarants, but also their respective successors, heirs and assigns and that all lots in this development be ':field, used, leased sold and conveyed subject to the covenants, conditions and restrictions set forth in this ' Declaration. C. The requirements set forth in these covenants shall, at all times, ' meet or exceed the minimum requirements and standards of the Subdivision Regulations and Zoning Code of the City of Bozeman, Montana. B-1 1 ARTICLE I DEFINITIONS ' Unless the context otherwise specifies or requires, the terms defined in this Article I shall, as used in this Declaration, have the meanings herein set forth: ' 1.1 "Association" shall mean the Billion Plaza Owners Association, a Montana nonprofit corporation, and its successors and assigns. "Board of ' Directors" or "Board" shall mean the duly elected and qualified members of the Board of Directors of the Association. ' 1.2 Architect/Engineer. "Architect/Engineer" shall mean a person holding a certificate of registration to practice architecture or engineering in ' the State of Montana. 1.3 Beneficiary. "Beneficiary" shall mean a Mortgagee under a Mortgage as well as a Beneficiary under a Trust Indenture or Deed of Trust. 1.4 Common Areas. Common Areas shall mean every portion of the Property which is to be maintained by the Association as herein provided ' including: (i) the surface drainage system and the land included within the easements therefor, (ii) the open space area and all landscaped areas directly !?t relating to the open space area, (iii) all improvements and landscaping on the F' ' foregoing properties and all fixtures and appurtenances used therewith or attached thereto, and (iv) all tangible and intangible personal property at any ' time owned or controlled by the Association for the common use and benefit of the Owners. The designation of the foregoing properties is for the purposes of definition only and shall not be construed to create any obligation upon the Declarant or the Association, their successors and assigns, to improve or maintain the said Common Areas. ' 1.5 Declarant. "Declarant" shall mean J. & S. Billion, and to the extent provided in Article X of this Declaration, their successors and assigns. Declarant shall also include a corporation which may be organized under the ' laws of Montana by Declarant at its option for the,purpose of exercising duties and powers reserved to Declarant (including but riot limited to design review pursuant to Article III of the Declaration) and pE rforming such functions as ' may be delegated or contracted to it by the Associa'don. i B-2 1 1.6 Declaration. "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for Billion Plaza, as it may from time to time be amended or supplemented. ' 1.7 Guidelines. "Guidelines" shall mean design guidelines which may from time to time be adopted and published 'by Declarant to set forth F- procedures for review of plans and standards and criteria which Declarant ' expects to follow in reviewing proposed developments within the Property. 1.8 Creeks or Waterways. "Creeks or waterways" shall mean the ' waterway constituting a part of the storm drainage retention system for the Property, including the permanent ponds, surface creek, and underground conduits connecting ponds, which will be more specifically described on the ' easement exhibit to be recorded pursuant to Section 6.1 hereof. 1.9 Improvement - Improvements . "Improvement" or "Improvements" shall include buildings, outbuildings, roads, driveways, parking areas, fences, screening walls and carriers, retaining walls, stairs, ' decks, water lines, sewers, electrical and gas distribution facilities, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, loading areas and all other structures, installations and landscaping of every type and kind, ' whether above or below the land surface. 1.10 Lot. "Lot" shall mean a fractional part of the Property as sub- divided on subdivision maps recorded from time to time in the Office of the Clerk and Recorder of Gallatin County, Montana. 1.11 Mortgage. "Mortgage" shall mean a 'Trust Indenture or Deed of ' Trust, as well as a Mortgage. ' 1.12 Mortgagee. "Mortgagee" shall mean a Beneficiary under, or holder of, a Trust Indenture or Deed of Trust, as well as a Mortgagee under a Mortgage. ' 1.13 Occupant. "Occupant" shall mean a lessee or licensee of an Owner, or any other person or entity other than an Owner in lawful ' possession of a Lot with the permission of the Owner. 1.14 Open Space. Open Space shall m:!an those areas containing ' Baxter Creek and the Park area on the Southwe; t area of the property and those areas on the South boundary that serve as a putter fo Highway 191 and a buffer to Cottonwood Road in the Southeast comer of the property as more B-3 1 • delineated on the official plat. Open Space also includes those areas adjacent ' to sewer and water facilities such as pump houses, lift stations and septic systems. ' 1.15 Owner. "Owner" shall mean any person or entity which is the record Owner of fee simple title to any entity or person who holds such ' interest as security for the payment of an obligation, other than a contract seller, Mortgagee, or other security holder, in actual possession of a lot. ,,v"�-Tr'E, vS t I Z 1.16 Property. Property" shall mean and refer to the property ' described on"Exhibit "A"; together with such additions as may hereafter be annexed thereto by Declarants in accordance with the terms hereof. ' 1.17 Record - Recorded - Recordation. "Record", "recorded", or recordation", shall mean, with respect to any document, the recordation of said document in the Office of the Clerk and Recorder of Gallatin County, ' Montana. 1.18 Recreational Vehicle. "Recreational Vehicle" shall mean any ' vehicle used for recreation such as motor homes, trailer, motorcycles, snowmobiles, boats, etc. ' 1.19 Si n. "Sign" shall mean any structure, device or contrivance, electric or nonelectric, upon or within which any poster, bill, bulletin, ' printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted, or otherwise fastened or affixed. ' 1.20 Street or' Streets. "Street" or "streets" shall mean any street, highway, road, or thoroughfare within or adjacent to the Property and shown ' on any recorded subdivision plat, or record or survey, whether designated thereon as street, avenue or road. ' 1.21 Trust Indenture.. "Trust Indenture" shall mean a Mortgage or Deed of Trust, as well as a Trust Indenture. ' 1.22 Visible From Neighboring Property. "Visible from neighboring property" shall mean, with respect to any given object on a Lot, that such object is or would be visible to a person six (6) feet tall, standing on any part of ' any adjacent Lot or other property at an elevation no greater than the elevation of the object being viewed. 1 B-4 1 f ' ARTICLE II SUBJECT PROPERTY ' 2.1 General Declaration. Declarant hereby declares that all of the Property more particularly described on--Exlibit"A", and shall be, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, ' improved or transferred in while or in part, subject to this Declaration. All of the covenants, conditions and restrictions set forth herein are declared and agreed to be in furtherance of a general plan for the subdivision, ' improvement and sale of the Property and are established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and every part thereof. All of the covenants, conditions and trestrictions shall run with all of the Property fog all purposes and shall be binding upon and inure to the benefit of Declarant and all Owners, Occupants, and their successors in interest as set forth in this Declaration. ' 2.2 Addition of Other Realt . Declarant may at an time during the v Y Y g pendency of this Declaration add all or a portion of any real property now or hereinafter owned by Declarant to the Property, and upon recording of a notice of addition of real property containing at least the provisions set forth in Section 2.3, ,the provisions of this Declaration specified in said notice shall ' apply to such added real property in the same manner as if it were originally covered by this Declaration. Thereafter, to the extent that this Declaration is made applicable thereto, the rights, powers and responsibilities of Declarant ' and the Owners and Occupants of lots within such added real property shall be the same as in the case of the real property described on Exhibit "A". ' 2.3 Notice of Addition to Land. The notice of addition of real property referred to in Section 2.2 shall contain at least the following provisions: (a) A reference to this Declaration stating the date of recording and the book or books of the records of Gallatin. County, Montana, and.the ' page numbers where this Declaration is recorded; 1 (b) A statement that the provisions of this Declaration, or some ' specified part thereof, shall apply to such added real property; (c) A legal description of such added real property; and B-5 1 I 1 (d) Such other or different covenants, conditions and restrictions as Declarant shall, in its discretion, specify to regulate and control the use, occupancy and improvements of such added real property. ' 2.4 Subdivision of Lots. No lots within Billion Plaza shall be subdivided without the consent of the Declarant: Any Declarant-approved subdivision of lots must further comply with requirements and procedures ' set forth in the Bozeman Subdivision Regulations process. ARTICLE III CONSTRUCTION OF IMPROVEMENTS 3.1 Approval of Plans Required. No Improver-dents shall be erected, placed, altered, maintained or permitted to rem in on any Lot by an Owner or ' Occupant until final plans and specif t' s shall have been submitted to and approved in writing by Declarant. uch final plans and specifications shall be submitted in duplicate (or as otherwise required by the Guidelines) ' with the authorized signature of the Owner or Occupant or both of the Lot or the authorized agent thereof. Such plans and specifications shall be in such form and shall contain such information as may be required by the Declarant, ' but shall in any event include the following: (a) A site development plan of the Lot showing the nature, ' grading scheme, kind, shape, composition, and location of all structures with respect to the particular Lot (including proposed front, rear and side setback lines), and with respect to structures on adjoining Dots, and the number and ' location of all parking spaces and driveways on the Lot: (b) A landscaping plan for the particular Lot; (c) A plan for the location of signs and lighting; and ' (d) A building elevation plan sho't-ving dimensions, materials and exterior color scheme in no less detail than required by the appropriate governmental authority for the issuance of a building permit, and bearing the ' stamp of an Architect. Material changes in approved plans must be similarly submitted to and approved by Declarant. ! ' 3.2 Basis for Approval. Approval shall be based, among other things, upon adequacy of site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring structures, effect of location t B-6 1 • 1 and use of proposed Improvements upon neighboring Lots, proper facing of main elevation with respect to nearby streets, adequacy of screening of j mechanical, air conditioning or other roof top installations, and conformity of the plans and specifications to the purpose and 'general plan and intent of ' this Declaration. No plans will be approved which do not provide-for the underground installation of power, electrical, t(Aephone and other utility lines from the property line to buildings. Plans which provide for metal-clad ' buildings will be approved only on the condition that such buildings are constructed so as not to have the appearance of a metal building and any metal-clad buildings must be specifically approved in writing. Declarant shall ' not arbitrarily withhold its approval of any plans and specifications. Except as otherwise provided in this Declaration., Declarant shall have the right to disapprove any plans and specification submitted hereunder on any ' reasonable grounds including, but not limited to, the following: (a) Failure to comply with any of the restrictions set forth in this ' Declaration; (b) Failure to include information in such plans and specifications as may have been reasonably requested by Declarant; ' (c) Objection to the exterior design, the appearance of materials or materials employed in any proposed structure; (d) Objection on the grounds of incompatibility of any proposed structure or use with existing structures or uses upon other Lots, or other property in the vicinity of the subject property; (e) Objection to the location of any proposed structure with reference to other Lots, or other property in the vicinity; (f) Objection to the grading or landscaping plan for any Lot; i (g) Objection to the color scheme, finish, proportions, style of ' architecture, height, bulk, size or appropriateness of any structure; ' (h) Objection to the number or size ':)f parking spaces, or to the design of the parking area; (i)_.._Failure-to--fol-low�-procedures-or-criteria-se.t,for_th_in current--, published Guidelines-(Provided that this re irefLe qunts_'shall_not be_constr_ued�' 1 B-7 as—preventing�Deelarant—as-their option fro:n waivingj or1cations �mendi ' rovisi ofTth`e GuidelinesYat-an time=or�with-rE ect-to-an _ (j) Any other matter which, in the :.udgment of the Declarant, ' would render the proposed Improvements or use inharmonious with the general plan for improvement of the Property or with improvements located upon other lots or other property in the vicinity. ' 3.3 Building Elevations a n i a abilities. Declarant has �} established . building elevatio and 100 a storm onding capacity trequirements for each Lot as an essential part of the storm drainage retention plan of the Property. Such Building elevations and pondi �Fapaty�� requirements are set forth in�E�zh bbft 'B" attached hereto anrade a part ' hereof. All buildings constructed on any Lot shall conform to the building elevations set forth in Exhibit "B" and each Lot shall include a parking lot or other ponding facilities constructed on the elevation, and including the ' minimum number of square feet, shown on Exhibit "B". If two or more Lots are developed in conjunction with one another; as a part of a common development plan, the ponding capacities of such Lots may be aggregated, and ' the total ponding capacities constructed in larger units; provided that the total aggregate pondage applicable to each elevation shall not be changed thereby, and the required building elevation line for each such Lot shall be ' reevaluated and changed if necessary as a result or aggregation of ponds. No such change shall be made without the prior written approval of Declarant and civil engineer employed by Declarant¢ If any lot is subdivided or resubdivided, the Declarant shall be allowed to ' reallocate the ponding capacity requirements for such Lot. The Declarant shall be allowed to amend the ponding capacity requirements of said Exhibit "B" without the consent of any Lot Owners unless Declarant is not the Owner of the Lot subject to the reallocation, in which case the consent of such Owner shall be required. ' 3.4 Review Fee. An Architectural review fee shall be paid to Declarant at such time as plans and specifications are initially submitted to it in an amount specified by the Guidelines. The review ;fee shall include the review ' of the master plan (if applicable, preliminary plans, and construction documents. Review Fees shall also be .paid for revisions, alterations or change of use as provided in the Guidelines. 3.5 Result of Inaction. Written approval of plans and specifications by Declarant shall be required in all cases, and there shall be no presumption of B-8 1 � i approval if Declarant fails either to approve or disapprove the plans within forty-five (45)-days after the same have been submitted or within any other time period. ' 3.6 Approval. Declarant may approve plans and specifications as submitted, or as altered or amended or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by ' Declarant of any plans and specifications submitted, a copy of such plans and specifications, together with any conditions, shall be deposited for permanent record with Declarant, and a copy of such plans and specifications, bearing ' such approval together with any conditions, shall be returned to the applicant submitting the same. ' 3.7 Proceeding with Work. Upon receipt )f approval from Declarant pursuant to Section 3.6, the Owner, or Occupant, :)r both, to whom the same ' is given, shall as soon as,practicable satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and ' alterations. The work shall commence within one (1) year from the date of approval, and if work is not so commenced approval shall be deemed revoked unless Declarant, pursuant to written. request made and received ' prior to the expiration of said one (1) year period, extends the period of time within which work must be commenced. �i 1M►tThE'� •� ✓>CLtlp,6�-Y`( �F �1XE S-j)Y,ac'j�hr7E 3.8 Completion of Work. Aq Site Impro vement,_commenced ' pu� rsuant_her_eto:shall be=completed within date of City offozeipea�_-of the plan and specifications therefore. If ' occupation of the site occurs prior to the completion of all approved site improvements, then the Owner must submit a Letter of Credit to the City of Bozeman in an amount no less than one and one-half (1-1/2) times the value ' of the remaining improvements. Any Building Improvement commenced pursuant hereto shall be completed within he- date of City of Bozeman approval of the plans-and-specifi-cations therefore, ' except for so long as such completion is rendered impossible, or unless work upon the proposed Improvements would impose a great hardship upon the Owner or Occupant, to whom Declarant' approval is given, due to strike, ' fire, national emergency, national disaster o other supervening force beyond the control of Owner or Occupant. Failure to omply with this Section 3.8 shall constitute a breach of this Declaration ands ject the party in breach to ' the enforcement procedures set forth in Article IX. ' .ate �.►Th nr- t"7r2Er�� B-9 1 • • 3.9 Declarant Not Liable. Declarant shall n:.)t be liable for any damage, ' loss of prejudice suffered or claimed by any person on account of: (a) The approval or disapproval of, any plans, drawings, and ' specifications, whether or not in any way defective; (b) The construction of any Improvement, or performance of ' any work, whether or not pursuant to approved plans, drawings, and specifications; or ' (c) The development of any Lot within Billion Plaza. ' 3.10 Construction Without Approval. If any Improvement shall be erected, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval by the Declarant ' pursuant to the provisions of this Article III, such alteration, erection, placement, maintenance of use shall be deemed to have been undertaken in violation of this Declaration, and upon written -.;Zotice from Declarant, any t such Improvement so altered, erected, placed, mz:.intained or used upon any Lot in violation of this Declaration, and any such use shall cease or be amended so as to conform to this Declaration. Should such removal or ' alteration, or cessation or amendment or use not be accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to the enforcement procedures set forth in Article ' IX. ' ARTICLE IV DEVELOPMENT STANDARDS 4.1 Minimum Setback. No Improvement:3 of any kind, and no part ' thereof, shall be placed closer than permitted by Declarant to any interior `l property line, except as otherwise provided in Section 4.3. "Interior property line" shall mean the boundary between any Lot -within the Property —all-- other Lots bordering upon said Lot. No Improver..ients of a , excepting parking areas shall be placed closer than fifteen (1.5) feeta from a property line ' fronting any dedicated street within Billion Plaza. Minimum setbacks from property lines adjacent to Plaza Drive shall be twenty-five (25) feet. "Property line" shall mean the boundary of every lot. ' 4.2 Creek and Waterway Setbacks. Unless otherwise approved in writing by Declarant no Improvement of any kind shall be permitted to be B-10 1 • • � 1 constructed closer than fifteen (15) feet to the 35" easement established for ' creeks and waterways. This restriction, however, shall not apply to the Improvements referred to in subparagraphs (d), (f), (g), and (h) of Section 4.3 thereof. ' 4.3 Exceptions to Setback Requirements. The following Improvements, or parts of Improvements, are specifically excluded from the ' setback requirements set forth in Section 4.1: ' (a) Roof overhand, subject to approval in writing from Declarant, provided said overhand does not extend more than eighteen (18) inches into the setback area; t (b) Steps and walkways, provided t 1at a minimum of seventy- five (75) percent of the setback area is maintained tin live vegetative cover; ' (c) Fences, subject to the requirements set forth in Section 4.6; (d) Landscaping and irrigation systems; (e) Planters, not to exceed three (3) feet in height, except that ' planters of greater height may be built within the setback area with the prior written approval of Declarant; ' (f) Subdivision identification signs, directional and parking signs and signs identifying the Owner or Occupant of a Lot, subject to the prior written approval of Declarant; ' (g) Lighting facilities, subject to the, prior written approval of Declarant; and 1 (h) Underground utility facilities and sewers. ' 4.4 LandscapinZ. All landscaping required by the developmental guideline plan shall be completed within 90 days after the substantial completion of the buildings being constructed on the Lot; provided, however, ' if weather conditions do not at such time permit, then such landscaping shall be completed as soon thereafter as weather conditions permit. The area of each Lot .between any street property line and any minimum setback line as ' set forth in Section 4.1 and between curb line and property line, and any other portion of such Lot within the the Common Area shall be landscaped with an attractive combination of trees, shrubs and other ground cover in accordance 1 B-1 1 1 1 � 1 with the developmental guidelines for Billion Plaza. All portions of a lot not 1 fronting a street and not used for parking, storage or buildings shall be landscaped in a complementary manner. 1 All. landscaping installed in Common Areas within public rights of way shall be maintained by the Association. The remaining areas shall be landscaped and maintained by the Owner or Occul.,ant of the Lot. 1 If an outdoor parking lot contains fifteen cr more parking stalls, such P g P g parking lot shall be landscaped in accordance witP. with zoning requirements. ' The use of landscaped earth berms to accomplish such landscaping is encouraged. Strips between parking bays shall also be landscaped with appropriate ground cover and trees. 1 After completion, such landscaping as is herein requited shall be 1 maintained in a sightly and well-kept condition. If, in Declarant's reasonable opinion, the required landscaping is not maintained in a sightly and well- kept condition, Declarant shall be entitled to the remedies set forth in Article ' IX. 4.5 Signs. No sign shall be permitted on any Lot unless approved by Declarant in writing. No sign shall be approved- other than business plaza 1 identification signs, informational and vehic:alar control signs, signs identifying the building or the business of the O,:vner or Occupant of a Lot, 1 and signs offering the Lot for sale or lease, and ter_lporary development signs. A11 signs sh`al-l`be^approved--in-actor-da-nce-wi-th-tYte-provision's of the City Bozeman' es rr qurem_ents-at time of application for=sign°p t. 4.6 Fences. No fences or walls shall be permitted within the Common Areas. No other fences or walls shall be permitted elsewhere on any Lot 1 unless such fence or wall is necessary for security or screening purposes. The Declarant reserves the right to approve the location and design of all fences, and no fence shall be constructed without a letter of approval from the 1 Architectural Committee. 4.7 Parking Areas. Off-street parking adequate to accommodate the 1 parking needs of the Owner or Occupant, the employees and visitors thereof shall be provided by the Owner or Occupant of each Lot. The intent of this provision is to eliminate the need for any on:-street parking; provided, 1 however, that nothing herein shall be deemed to prohibit on-street parking of public transportation vehicles. If parking requiren:lents increase as a result of a change in the use of a lot or in the number aF persons employed by the 1 B-12 1 1 1 Owner or Occupant, additional off-street parking shall be provided so as to ' satisfy the intent of this section. All parking areas shall conform to the following standards: ' (a) Required off-street parking shall tie provided on the Lot, on a contiguous Lot, or within a maximum of four h.indred (400) feet from the Lot. Where parking is provided other than upon the Lot concerned, ' Declarant shall be given a certified copy of a recorded instrument, duly executed and acknowledged by the person or persons holding title to the Lot which the parking areas is located, stipulating to the permanent reservation of the use of the Lot or other property for such parking area. (b) Parking areas shall be paved so as to provide dustfree, all- weather surfaces. Each parking space provided shall be designated by lines painted upon the paved surface and shall be adequate in area. All parking ' areas shall provide, in addition to parking spaces, adequate driveways and space for the movement of vehicles. ' 4.8 Storage and Loading Areas. Storage; maintenance and loading areas must be constructed, maintained and used in accordance with the following conditions: ' (a) Outside storage of materials,, supplies, or equipment, including trucks or other motor vehicles, but not industry vehicles offered for ' sale, shall be permitted only if: (i) The material, equipment or objects stored outside are ' incidental to the activities regularly conducted on the premises; -*l(ii) The area devoted to outside storage does not exceed 15 ' percent of the gross floor area of the principal structure on the site unless otherwise approved in writing by Declarant. (iii) The area is screened and harmonizes with the architecture, design, and appearance of neighboring structures and other surroundings; and ' (iv) The area is located upon the .rear portions of a Lot, unless otherwise approved in writing by Declarant. (b) Provision shall be made on each site for any necessary vehicle loading. No on-street vehicle loading shall be permitted.. B-13 1 � • ' (c) Loading dock areas shall be set back, recessed or screened so as not be visible from neighboring property or streets and in no event shall a loading dock be closer than.seventy-five (75) feet from a property line fronting ' upon a street unless otherwise approved in writing by Declarant. 4.9 Mailboxes. The Declarant reserves the right to approve the location ' and design of all mailboxes, and no mailbox or other postal depository shall be installed or constructed without a letter of approval from the Declarant. Location and design of all mailboxes is subject to U.S. Postal Service review and approval. ' ARTICLE V REGULATION OR OPERATIONS AND USES 5.1 Permitted Uses. The lots within Billion Plaza are assigned a land use designation as listed in Section C-1.7.2.2. Not all of such uses will be ' permitted on all Lots, and Declarant shall determine in its sole discretion which uses will be permitted on which Lots. Such approved uses shall be performed or carried out entirely within a building that is designed and ' constructed so that the enclosed operations and uses do not cause or produce a nuisance to other Lots or property, such as, but not limited to, vibration, sound electro-mechanical disturbances, electro-magnetic disturbances, ' radiation, air or water pollution, dust, or emission of odorous, toxic or nontoxic matter (including steam). Certain activities which cannot be carried on within a building may be permitted, provided Declarant specifically ' consents to such activity in writing and further provided such activity is screened so as not to be visible from neighboring property and streets. All lighting is to be shielded so as not to be visible froin neighboring property. ' 5.2 Prohibited Uses. The following operations and uses shall not be permitted on any property subject to this Declaration: ' (a) Junk yards, wrecking yards or recycling facilities; ' (b) Mining, drilling for or removing oil, .gas or other hydrocarbon substances; ' (c) Refining of petroleum or of its products; B-14 (d) Commercial excavation of building or construction ' materials; provided that this prohibition shall not be construed to prohibit any excavation necessary in the course of approved construction pursuant to ' Article III; ' (e) Dumping, disposal, incineration or reduction of garbage, i t sewage, offal, dead animals or other refuse; (f) Fat rendering; ' (g) Stockyard or slaughter of animals:: (h) Smelting of iron, tin, zinc or any other ore or ores; (i) Cemeteries; (j) Jail or honor farms; (k) Labor or migrant work camps; t (1) Truck terminals; or ' (m) Automobile, motorcycle or quarter-midget race tracks and other vehicle endurance or race tracks. tThe foregoing list is not exhaustive, and a proposed use which does not come within the prohibited categories described above shall not necessarily be ' deemed acceptable, but is still subject to the discretion of the Declarant as. provided in Section 5.1. ' 5.3 Nuisances. No nuisance shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any adjacent Lot,.or property or to its occupants. A "nuisance" shall include, but not be limited to, conditions ' specifically defined by the Guidelines relating to air or water pollution, radiation, noise and ground vibration. I ' 5.4 Waterways. The Owner or Occupant of any Lot shall at all times conduct its use-and activities in a manner that will preserve the integrity of waterways within the Common Area includiYIg the prevention of any degradation of water quality, any reduction or i:crease in the flow of said ' waterways, any damage to the streambed or banks of said waterways. The 1 B-15 1 .. Owner or Occupant of any Lot shall not conduct c r permit the conduct of the ' following activities: (a) The discharge of any liquid, solid, or gas into waterways; ' (b) The use of any fertilizers or herbicides other than those specifically approved by Declarant; or the polluting of waterways; or ' (c) Any refuse encouraging activities. ' 5.5 Condition of Property. The owner or Occupant of any Lot shall at all times keep it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own ' expense, in all respects with all applicable governmental, health, fire and safety ordinances, regulations, requirements and directives and the Owner or ' Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such Lot. 5.6 Maintenance of Grounds. Each Owner shall be responsible for the ' maintenance and repair of all parking areas, driveways, walkways and landscaping on his Lot. Such maintenance and repair shall include, without ' limitation: (a) Maintenance of all parking areas, driveways and walkways in ' a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefor as shall, in all respects, be equal thereto in ' quality, appearance and durability; the removal of debris and waste material and the washing and sweeping of paved areas as required; painting and repainting of striping markers and directional signals as required; ' (b) Cleaning, maintenance and relamping of any external lighting fixtures except such fixtures as may be the property of any public ' utility of government body; and (c) Performance of all necessary maintenance of all landscaping t including the trimming, watering and fertilizatiorn. of all grass, ground cover, shrubs or trees, removal of dead of waste materials, replacement of any dead or diseased grass, ground cover, shrubs or trees. ' Nothing contained herein shall preclude an Owner from recovering from any person liable therefor, damages to which such Owner 1 B-16 1 • • � � i � l 1 • i 1 I , 1 might be entitled for any act or omission to act requiring an expenditure by the Owner for the maintenance and repair of the parking area, driveway, ' walkway and/or landscaping on his lot. ' (d) Unless the Owner or Occupant personally performs the maintenance required hereunder, each owner and occupant shall contract with the Declarant, the Association, or other contractor for performance of all ' landscaping and parking lot maintenance required hereby, and shall keep continuously on file with Declarant a copy of the current maintenance ' agreements. 5.7 Remedies for Failure to Maintain and Re air. 1 (a) . Remedies. If any Owner :ihall fail to perform the maintenance and repair required by Section 5.6, then Declarant, after fifteen days' prior written notice to such delinquent Owner, shall have the right, but 1 not the obligation, to perform such maintenance and repair and to charge the delinquent Owner with the cost of such work together with interest thereon ' at an annual rate equal to the maximum rate allowed under Montana law from the date of Declarant's advancement of funds for such work to the date of reimbursement of Declarant by Owner. If the delinquent Owner shall fail ' to reimburse Declarant for such costs within ten days after demand therefore, Declarant may, at any time within two years after such advance, file for Record a claim of lien signed by Declarant for the amount of such charge ' together with interest thereon. The lien created by this section shall be effective to establish a lien against the interest of the delinquent Owner in his Lot together with interest at the rate provided above on the amount of such advance from the date 1 ,thereof, in addition to recording fees, cost of title search obtained in connection with such lien or .he foreclosure thereof and court costs and reasonable attorney's fees which may be incurred in the 1 enforcement of such a lien. (b) Foreclosure of Lien. Subject to the provisions of Article XIV, ' such a lien, when so established against the Lot described in said claim, shall be prior or superior to any right, title, interest, lien or claim which may be or may have been acquired in or attached to the real property interests subject to ' the lien subsequent to the time of filing this Declaration. Such lien shall be for the benefit of Declarant and may be enforced and foreclosed in a like manner as a real estate mortgage is foreclosed in the State of Montana. (c) Cure. If a default for which a not;:ce of claim of lien was filed is cured, Declarant shall file or record a rescif sion of such notice, upon B-17 payment by the defaulting Owner of the costs :)f preparing and filing or ' recording such rescission, and other reasonable costs, interest or fees which have been incurred. (d) Nonexclusive Remedy. The foregoing lien and the rights to foreclose thereunder shall be in addition to, and not in substitution for, all other rights and remedies which any party may have hereunder and by law, ' including any suit to recover a money judgment for unpaid assessments. If any Owner shall fail to perform such maintenance and repair and, notwithstanding such failure, Declarant should fail to exercise its rights and ' remedies hereunder, then, the Association, any other Owner, after fifteen (15) days' prior written notice to Declarant and such delinquent Owner, shall have the right,. but not the obligation, to perform such maintenance and repair and ' shall have the same rights and remedies with respect thereto as are provided herein to the Declarant. ' 5.8 Refuse Collection Areas. All outdoor ;-efuse collection areas shall be visually screened so as not to be visible from neighboring property or ' streets as per the Bozeman Zoning Code. No refuse collection area shall be permitted between a street and the front of a build�,.ng. 5.9 Repair of Buildings. No building or structure upon any Lot shall be ' permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. 1 5.10 Public Utilities. Declarant reserves the right to grant consents for the construction and operation of public utilities including, but not limited ' to, interurban or rapid transit, freight railways, lines for electricity, telephone or telegraph, above or below ground conduits, and gas pipes in and upon any ' and all streets now existing or hereafter established upon which any portion of the Property may now or hereafter front or abut. Declarant reserves the right to grant consents and to petition the proper, authorities for any and all street improvements such as grading, seeding, tree planting, sidewalks, paving, sewer and water installation, whether it be on the surface or subsurface, which in the opinion of Declarant are necessary on or to the ' Property. Notwithstanding the provisions of Section 3.2, Declarant reserves the right to approve above ground utility lines across the Property or any portion thereof on a temporary basis for the purpose of construction, and ' such lines shall be permitted when required by a government agency. B-18 1 � • 5.11 Utility Lines and Antennas. No sewer, drainage, or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals including telephone, television, microwave or radio signals, shall be constructed, placed or maintained anywhere in or upon ' any portion of the Property other than within buildings or structures unless the same shall be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. No antenna for the transmission or reception of telephone, television, microwave or radio signals shall be placed on any Lot within the Property without the prior written approval of Declarant. Nothing contained ' herein shall be deemed to forbid the erection or ase of temporary power to telephone facilities incidental to the construction or repair of buildings on the Property. ' 5.12 Mechanical Equipment. All mechanical equipment, utilit - Y ' meters, storage tanks, air conditioning equipment and similar items shall be screened with landscaping or attractive architectural features integrated into the structure itself. ' 5.13 Mineral Exploration. No portion of the Property shall be used in any manner to explore for or to remove any steam, heat, oil or other hydro- carbons, gravel, earth or any earth substances or other minerals of any kind, ' provided, however, that this shall not prevent the excavation of earth in connection with the grading or construction of improvements within the � � r ' Property. Water may be extracted by Declarant to the extent permitted by the appropriate governmental agency. 5.14 Other Operations and Uses. Operations and uses which are ' neither specifically prohibited nor specifically authorized by this Declaration may be permitted in a specific case if operational plans and specifications are ' submitted to and approved in writing by the Declarant in accordance with the procedures set forth in Article III of this Declaration. Approval or disapproval of such operational plans and specifications shall be based upon ' the effect of such operations or uses on other property subject to this Declaration or upon the Occupants thereof, but shall be in the sole discretion of the Declarant. ' S.1S ��ZEF►�weE A ►-1r> VEA. ,ir- — ga,d.�7 Cvttw�/��uZ�E.Q ,�t�E�.n.L\� i 1.1h►�?►+�h ' �.110 �-,�►1�►�-�r�.►,a.�cE �.�.lr� 1ZE�►.�.��t �� (�rl►-��I�1�T� �Nr-RAb-fRu�T�tcE. 1 B-19 ARTICLE VI EASEMENTS AND WATER 12IGHTS 6.1 Reservation of Easements. Declarant hereby reserves easements over and across the Property for the following purposes: (a) To install, maintain, operate, repair and replace the storm drainage retention system for the Property, including all pumps, motors, pipes and culverts, filters, screens, and other equipment used in connection ' therewith, and the beds and banks of any creek, pond or waterway constituting a part of the storm drainage system. The location of the easement for the storm drainage retention syste;:n and waterways is more ' specifically described in an Easement granted to the City of Bozeman dated ,recorded as document ,records of Gallatin County, Montana. Declarant reserves the right to amend and ' relocate portions of the easement reserved by this paragraph within Lots then owned by Declarant at any time, by recording an amended easement exhibit, certified as such by the Declarant. (b) To maintain landscaping and the landscaping irrigation system installed within the Common Areas, including watering, mowing, trimming, pruning, fertilizing, mulching and replacing trees, shrubs, ground ' covers and other P lanting materials. ' (c) To drill, equip, maintain, repair and replace wells and pipes and other conduits therefrom for underground water pursuant to the water rights hereafter reserved, to be used by Declarant for the benefit of the ' Properties; provided that no such water well or conduit may be drilled or located by Declarant in any portion of the :Property occupied by an Improvement, or for which Declarant has approved as Improvement. 1 rights, both surface and underground, 6.2 Water Rights. All water g , ' whether represented by shares of stock in irrigation, water or ditch companies, or otherwise, in the Property are hereby reserved by Declarant for use (i) in connection with waterways and creeks, (ii) the maintenance of ' Common Areas, and (iii) maintenance of other required landscaping on the Properties and (iv) such other uses as may be permitted by Declarant, the priority of such uses to be in the order listed. Subject to the availability of ' water for such uses, Declarant will license the Association, Owners or Occupants to use such water in connection with the development of Lots in the Property, providing such licensees agree to bear their share of the costs of B-20 1 providing such water, apportioned as Declarant in its sole discretion may determine. The Declarant reserves the right to charge or to authorize a charge to use such water in connection with the development of Lots or the maintenance of landscaping in Common Areas or on the Property. ' 6.3 Reservation and Assignment. The forE;oing easements and water rights shall be deemed to have been reserved by Declarants for the benefit of ' the Property, whether or not conveyances of Lots within the Property specifically except or reserve the same. Declarants ,may assign, but shall not be obligated to assign, the easements and the water rights, or either of them to ' the Association. co� 1�v���c t��c� .�.�.- -jtr,o•�1. �E..��N�-[ ' ARTICLE VII BILLION PLAZA OWNERS ASSOCIATION ' 7.1 Purpose of Association. The Association has been formed as a nonprofit corporation in accordance with Chapter 2 of Title 35, Montana Code Annotated for the purpose of enforcing these covenants and maintaining the ' storm drainage retention system, sewer system, water system, and landscaping in Common Areas, as required or allowed under this ' Declaration, and, at the option of the Association, providing security services to Owners and Occupants of Lots within the Property. 7.2 Membership in Association. All Owners of Lots in the Properties ' shall be members of such Association and shall be bound by the provisions of the articles and bylaws of the Association. Association membership shall be appurtenant to and may not be separated from the ownership of any Lot. The Association shall have one class of members. Each member shall be entitled to one vote for each acre or major fraction thereof owned except that each Lot ' shall entitle the Owners thereof to at least one vote. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more votes be cast with respect to any Lot than the Owner thereof is given by this Section. ' The subdivision of any Lot by any Owner other than the Declarant, whether such subdivision is effectuated by the filing of an amended plat, minor plat, condominium declaration, other unit )wnership declaration, or a ' similar plat, survey or document, shall not inc-,-ease the number of votes associated with the Lot as it existed prior to such ;ubdivision, and the Owner or Owners of such lots or units shall collectivf:ly be entitled to only the 1 B-21 number of votes that is associated with the Lot or Lots to which the plat or ' declaration relates. Notwithstanding the foregoing, the Declarant shall be entitled to subdivide any Lot or Lots by any of the above mentioned methods and shall further be entitled to increase the numter of votes associated with the Lot or Lots to which the plat or declaratio:l relates in an amount as Declarant shall, in its discretion, consider pr%,er. Membership and the number of votes associated with the Owner's Lot or Lots shall be represented ' by a certificate, but the execution and delivery of such certificate shall in no event entitle the holder to sever membership in the Association from the fee simply title to the Lot or Lots. ' 7.3 Assessments. The Declarants herebycovenant and each subsequent q ' owner of any Lot, by acceptance of a deed therefore, whether or not is shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: ' (a) Annual assessments or charges, based upon the following: ' (1) Assessments for the costs of maintaining the water and sewer systems, storm system drainage reter.4ion system, including the ponds, waterways and creek, and landscaping with the easement for such 1 ' system, and any assessments for any purpose ether than as set forth in subparagraphs (2) and (3) of this Section 7.3(a), sr.all be based on the ratio of the number of square feet in each Lot to the total :lumber of square feet in all ' of the Lots subject to the terms of this Declaration. (2) Assessments for the costs of maintaining the ' landscaping installed within those portions of the Common Areas described in subsections (ii), (iii), (iv), and (v) of Section 1.4 hereof, if such maintenance is provided by the Association, shall be determined as follows: Each Lot shall ' be assessed that proportion of the total costs of such maintenance equal to its percentage of all non-common area within Billion Plaza. .In addition, if the underground sprinkler system maintained by the Association, the ' Association may assess the cost of maintaining, and supplying water to, the sprinkler system for such landscaping to the Lots .upon which it is located on a uniform cost per square foot of area so served,•as determined annually by ' the Association. (b) Special assessments for capital improvements, such ' assessments to be determined, established and collected as here-in-after provided. B-22 1 (c) In addition to the foregoing ass:!ssments, an initial capital contribution to the Association in an amount equal to the sum of ONE CENT ($0.01) per square foot of land contained in any Lot, which initial capital contribution shall be paid at the time of closing on the first sale or transfer of ' the Lot from the Declarant or his successors and assigns. The annual and special assessments, together with interest, costs and ' reasonable attorney's fees, shall be a charge on the land and failure by any Owner to pay the same shall entitle the Association to file a lien upon the property against which each such assessment is made in the Office of the ' Clerk and Recorder of Gallatin County, Montana, for such unpaid and delinquent assessments, interest, costs and attorney's fees. Such lien shall be prior and superior to any right, title, interest lien: or claim which may have ' been acquired in or attached to the real property interests subject to the lien subsequent to each such assessment, together with interest, costs and reasonable attorney's fees and shall also be the personal obligation of the ' person who was the Owner of such property at th.a time when the assessment fell due. Assessments shall be fixed in amount based upon the estimated costs for the ensuing period, and levied by the Board of Directors of the ' Association and shall be billed on a quarterly basis with notice of the same to be mailed to each property Owner on or before the first days of January, April, ' July and October each year. All assessments shall be due thirty (30) days after the date of mailing. The Association has the authority to impose reasonable charges for interest and penalties for overdue payments. ' 7.4 Liens. Liens for unpaid assessments may be foreclosed in the same manner as a mortgage on real property and the Association shall be entitled in any such foreclosure proceedings to recover its court costs, expenses, and ' reasonable attorney's fees. 7.5 Limitations on Board Authority. Notw.Ahstanding the authority of ' the Association's Board of Directors to levy assessments, the Directors must have the assent of one-half (1/2) of all votes, as defined above,. voting in person or proxy at a meeting duly called for the p.irpose, before taking any of ' the following actions: ' (a) Making any assessment for a capital improvement costing in excess of$5,000.00; ' (b) Borrowing money on behalf of the Association in an amount in excess of $5,000.00, or mortgaging or encumbering any property of the Association to secure any such indebtedness; B-2 3 1 1 s • 1 1 ' (c) Selling or otherwise disposing of any property of the Association with a value in excess of $5,000.00. 1 7.6 Meetings. Written notice of any meeting called for the purpose of any action authorized under Section 7.5 hereof, shall be mailed to all members not less than thirty (30) days nor moire than sixth (60) days in 1 advance of the meeting. At the first such meet..ng called, the presence of members or of proxies entitle to cast fifty (50) percent of all votes shall constitute a quorum. If the required quorum is n.:)t present, another meeting 1 may be called subject to the same notice requ;.rement, and the required quorum at any subsequent meeting shall be one-half (1/2) of the required 1 quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 7.7 Indemnification. Each officer, director and former officer and director of the Association shall be indemnified b the Association against all 1 Y g expenses and liabilities, including attorneys' fees, reasonably incurred by or 1 imposed upon him in any proceeding to which he may be a party, or in which he may become involved by reason of his being or having been an officer or director of the Association, or any settlement thereof, whether or not he is an 1 officer or director at the time such expenses are incurred, except in such cases wherein such officer, director or committee metaber is adjudged guilty of willful malfeasance in the performance of his dt.ties. The Association may 1 procure and maintain insurance against such liabilities, or such kind and amount as its Board of Directors may approve. 1 ARTICLE VIII MODIFICATION AND REPEAL 1 8.1 Procedure. Except as otherwise provided in Section 8.2, this Declaration or any provision hereof, or any covenant, condition or restriction 1 contained herein, may be terminated, extended, modified or otherwise amended, as to the whole of the subject property or any portion thereof, with the written consent of the Owners of sixty percent (60%) of the Property, based 1 upon the number of square feet owned as compared to the total number of square feet subject to these covenants, conditions and restrictions (excluding dedicated streets); provided, however, that so long as Declarant owns at least 1 twenty percent (20%) of the property subject to .:hese covenants, conditions and restrictions, or for a period of twenty (20) years from the effective date hereof, whichever period is shorter, no suc 1 termination, extension, 1 B-24 1 1 1 modification or other amendment shall be effective without the written ' approval of Declarant, which approval shall not be unreasonably withheld. No such termination, extension, modification or other amendment shall be effective until a proper instrument in writing has been executed, 1 acknowledged and recorded. Such modification or amendment shall bed �approve'd_by the_appropri�ate agency of=the City of-Bozeman. 1 8.2 Modification by Declarant. For so long as Declarant owns any interest (excepting a leasehold interest) in the Property, or any part thereof, or for a period of fifteen (15) years from the effective date hereof, whichever 1 period is shorter, Declarant acting alone may modify or amend the provisions of Articles III, IV and V; provided, however, that (i) any such modification or amendment must be within the spirit and overall intention of the 1 development as set forth herein; f(ii).pr-ior—to-any such mod- ficafion or amendment-Decl-ar-ant shall-obtainwt ppr_o_v_al a:F-aanny governmental-agency to s uc5-mode i acfi acf ion--or afnondment whereisnch�:approval--is7necessary;-and 1 (-iii) any modification or amendment shall not provide for any type of improvements or use prohibited by this Declaration. No such modification or amendment shall be effective until the Owners have been given thirty (30) 1 days' prior written notice of the proposed change, and proper instrument in writing has been executed, acknowledged and recorded. ' 1 ARTICLE IX ENFORCEMENT 1 9.1 Abatement and Suit. The Owner of each Lot shall be primarily Y liable, and the Occupant, if any, secondarily liable for the violation or breach 1 of any covenant, condition, or restriction herein contained. Violation or breach of any covenant, condition or restriction herein contained shall give to 1 Declarant, or the Association, following thirty (30) days' written notice to the Owner or Occupant in question except in existir..g circumstances, the right, privilege and license to enter upon the Lot where said violation or breach 1 exists and to abate and remove summarily, or abal.:e or remove, at the expense of the Owner or Occupant thereof, any Improx�ement, structure, thing or condition that may be or exist thereon contrary to the intent and meaning of ' the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied, or to recover damages for 1 said violation. No such entry by Declarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association nor 1 B-25 1 their agents shall be subject to liability to the Owner or Occupant of said Lot ' for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on any Owner or Occupant in violation of any Provision ' of this Declaration, as well as a lien (enforceable in the same manner as a mortgage) upon the Lot in Question. The lien provided for in this section shall not be valid as against a bona fide purchase- or mortgagee for value of ' the Lot in question unless a suit to enforce said li( n shall have been filed in a court of record in Gallatin County, Montana, prier to the recordation of the deed or mortgage conveying or encumbering tl e Lot in question to such ' purchaser or-mortgagee respectively. 9.2 Right of Entry. During reasonable hours and upon reasonable ' notice, and subject to reasonable security requirements, Declarant, the Association or their agents, shall have the right to enter upon and inspect any Lot and the Improvements thereon covered by this Declaration for the ' purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor the Association nor their agents shall be deemed to have committed a trespass or ' their wrongful act by reason or such entry or inspection. 9.3 Deemed to Constitute a Nuisance. -lThe result of every act or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or in equity against an Owner or Occupant either public or private, shall be applicable against every such result and may be exercised by Declarant or the Association. ' 9.4 Attorney's Fees. In any legal or equitable proceeding for the enforcement of this Declaration or any provision hereof, whether it be an action for damages, declaratory relief or injunctive relief, or any other action, ' the losing party or parties shall pay the attorney's fees of the prevailing party or parties, in such reasonable amount as shall be fixed by the court in such proceedings or in a separate action brought for that purpose. The prevailing ' party shall be entitled to said attorney's fees even though said proceeding is settled prior to judgment. All remedies provided herein or at law or in equity ' shall be cumulative and not exclusive. ^ 9.5 Failure to Enforce is No Waiver. The failure of Declarant to enforce any requirement, restriction or standard 1-ierein contained shall in no ' event be deemed to be a waiver of the right to do so thereafter or in other cases, nor of the right to enforce any other restricti::)n. 1 B-26 ARTICLE X ASSIGNMENT Any and all of the rights, powers and reservations of Declarant herein ' contained may be assigned to any person, partnership, corporation or association which will assume, the duties of Declarant pertaining to the particular rights, powers and reservations assigned, and upon any such person, partnership, corporation or association evidencing its consent in writing to accept such assignment and assume such duties, he or it shall, to the extent of such assignment, have the same rights and powers and be ' subject to the same obligations and duties as are given to and assumed by Declarant herein. If at any time Declarant ceases to exist and has not made such an assignment, a successor to Declarant ma,.V be appointed in the same ' manner as this Declaration may be modified or .mended under Section 8.1. Any assignment or appointment made under,- this article shall be in reasonable form and shall be Recorded. ARTICLE XI CONSTRUCTIVE NOTICE AND ACCEPTANCE t Every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Property. 1 ARTICLE XII WAIVER Neither Declarant nor its successors or assigns shall be liable to any ' Owner or Occupant of the Property by reason o` any mistake in judgment, negligence, nonfeasance, action or inaction or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of any ' said property by acquiring its interest therein agrees that it will not bring any action or suit against Declarant to recover any such damages or to seek equitable relief because of same. B-27 ARTICLE XIII RUNS WITH LAND ' All covenants, conditions, restrictions and agreements herein contained are made for the direct, mutual and reciprocal benefit of each and ' every Lot of the Property; shall create equitable servitudes upon each Lot in favor of every other Lot; shall create reciprocal rights and obligations between respective Owners and Occupants of all Lots and privity of contracts and estate ' between all grantees of said Lots, their heirs, successors and assigns; and shall, as to the Owner and Occupant of each Lot, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other Lots, ' except as provided otherwise herein. ' ARTICLE XIV RIGHTS OF MORTGAGEES ' 14.1 Subordination of Liens to Mortgages. The Association's and the Declarant's liens, including but not limited to, those for non payment of assessments, interest and costs shall be subjec,: and subordinate to first ' Mortgages. On any sale upon foreclosure of a firs: Mortgage, or delivery of a deed to the Mortgagee in lieu of foreclosure of a first Mortgage, the ' Association's and Declarant's liens automatically shall be extinguished without the necessity of any instrument or release or satisfaction, but such extinguishment shall not relieve any former Owner from personal liability for such assessment, interest or costs. No other conveyance of a Lot shall ' extinguish such assessment liens. j i ' 14.2 Foreclosing Mortgagee Not Liable for Prior Assessments. Any First Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage, or through foreclosure of the mortgage, or through a deed in ' lieu of foreclosure, will not be liable for such lot's unpaid assessments which accrue prior to the acquisition of title to such Lot by the Mortgagee. The former Owner shall, however, remain liable for the payment of such ' assessments and the purchaser at the foreclosure sale or the grantee of a deed in lieu of the foreclosure shall be obligated to pay all assessments accruing subsequent to acquiring title. B-2 8 1 14.3 Limitation on Certain Actions by the Association. Unless at least ' fifty percent (50%) of the votes of holders of Mortgages and Owners or unencumbered Lots are cast in favor, the Association shall not be entitled to: (a) change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. ' (b) Use hazard insurance proceeds for losses to any Common Area for other than the repair, replacement or reconstruction of the Common Areas, except that insurance proceeds in excess of the amount required to ' repaid, replace or reconstruct the Common Area may be used as general funds of the Association. ' 14.4 Payment of Taxes on Common Areas. Mortgagees of Lots may, jointly or singly, pay taxes or other charges which are in default and which ' may or have become a charge or lien against any Common Area and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Common Area. Mortgagees making such payments shall be owed immediate reimbursement ' from the Association and any sums not thus paid shall bear interest at a rate equal to the Maximum rate allowed under Montana law. 14.5 Establishment of Reserves. The Association's assessments shall include an adequate reserve fund for maintenance, repairs and replacement ' of those elements of the Common Area that must be replaced on a periodic basis. ARTICLE XV CAPTIONS ' The captions of articles and sections hereiia are used for convenience only and are not intended to be a part of this Declaration or in any way to ' define, limit or describe the scope and intent of the particular article or section to which they refer. ' ARTICLE XVI SEVERABILITY If any part, term or provision of these covenants is held to be illegal or unenforceable, the validity of the remaining portions shall not be affected. i B-2 9 1 ! = - - - - - - - - - - - - - C DEVELOPMENT GUIDELINES 1 s DEVELOPMENT GUIDELINES Table of Contents 1 ' Preface C-1 1.0 Billion Plaza ' 1.1 Location ' 1.2 Immediate Setting 1.3 Master Plan and Streetscape ' 1.4 Planningand Zoning g ' 1.5 Runoff Management Requirements ' 1.6 Engineering and Utilities 1.7 Permitted and Prohibited Uses ' 2.0 Approvals and Submittals C-6 2.1 Plan Review Process 1 I 2.2 Billion Plaza - Schematic Design Submittal ' 2.3 Billion Plaza - Design Development Submittal ' 2.4 Billion Plaza - Construction Documents Submittal 2.5 Billion Plaza - Alteration, Revision, Addition, or ' Change of Use - Preliminary Plan Submittal 2.6 Revision, Alteration, or Change of Use - ' Construction Document Submittal 2.7 Institutional Review Process 1 i I t ' 3.0 Site Planning Guidelines C-18 3.1 Building Site Coverage ' 3.2 Landscape Coverage ' 3.3 Building Heights 3.4 Street Setback ' 3.5 Interior Property Line Setback ' 3.6 Setback from Creeks and Drainages 3.7 Parking Requirements ' 3.8 Access and Drive Locations ' 3.9 Sidewalks 3.10 Storage, Service, and Loading Areas ' 3.11 Refuse Collection Areas ' 3.12 Screening of Exterior Mechanical Equipment i ' 3.13 Screening of Exterior Electrical Equipment and Transformers ' 3.14 Fences and Walls 3.15 Utilities and Communication Devices 3.16 Grading ' 3.17 Nuisances 4.0 Architectural Guidelines C-34 1 4.1 Objectives 1 1 4.2 Guidelines ' 5.0 Landscape Guidelines C-36 ' 5.1 Concept 5.2 Guidelines 1 6.0 Sign Guidelines C-50 ' 6.1 Objectives 6.2 Guidelines ' 6.3 Building Mounted Identification Signs ' 6.4 Informational and Vehicular Control Signs 6.5 Temporary Signs ' 7.0 Lighting Guidelines. C-53 7.1 Objectives 7.2 Guidelines 1 I 1 • ' BILLION PLAZA BOZEMAN, MONTANA ' PREFACE DEVELOPMENT CThe-development of ae ch site within Billion Plaza is-controlled-and-r-estricted, ' b"`th-e-Declaration--of-Cove-n- ants,-Conditions7and-Restrictions-for--the Plaza C('E einafter r_eferr-ed-toas-the-'C=C&R's'),,.as-well-as--a licable� overn-mental plic �g codes and regulations: The City of-Bozeman has adopted a set of mini u ' ordinances governing City development where the Park is located.LT7h_e City Ord-inances-prescribe- the-minimum stand-ards-tlx:at-necessi-tate-higb,-qual-ity de�veiopment:The CC&R's are directed towa.rds achieving the desired ' character and quality of site development that will provide an attractive and desirable Commercial Development and will set the Plaza apart from other developments. ' PURPOSE t The purpose of these Development Guidelines is to amplify and further G�Z define the requirements which are specifically stated in the CC&R's. These Guidelines are intended to supplement the CC&R's as an aid in the.submittal ' of plans for approval by providing more detailed information on which to develop plans and on which to base a review. Any specific conflicts between CC&R's, Design Guidelines, and governmental codes and regulations should be brought to the attention of the Declarant. the event of_any=such conflicts;the-priority of com.plian ee_is=firs.t wi:t'. governmental- codes-and, regulations,_second with=the-CC&R's;_and-last wiali_fhe=Design_Guidelines.-I ' The Owners or Lessees of each site within the Plaza should familiarize themselves with the intent and requiremen--s of the CC&R's, these ' Guidelines and all applicable governmental coc es. and regulations. They should implement, through their architects, all those provisions applicable to their specific site developments. This will allow expeditious completion of ' the design review process described in the CC&R's. 1 C-1 ' 1.0 BILLION PLAZA Billion Plaza is a collection of commercial sites brought together in an ' open space setting within the Gallatin Valley of southwestern Montana. The intent of these DevelLop�net— es to to protect and ance this natural e ronrteK whit s cre�t' distinctive and creativ ' atmosp ere. fhese wide u ine the comprehensive design intentions of the a or the benefit of the tenants within the Plaza as well as the surrounding community. ' 1.1 LOCATION Billion Plaza is located adjacent to the City of Bozeman, Montana. 1.2 IMMEDIATE SETTING ' The Billion Plaza is located on the western edge of Bozeman. The site is adjacent to U.S. 191 (Main Street) on the south and Cottonwood Road to the teast. The Plaza-offers unobstructed vistas of the Hyalite Range and Spanish Peaks toward the south. ' 1.3 MASTER PLAN AND STREETSCAPE The. master plan of the Plaza is organized around the two interior ' streets, namely Plaza Drive and Competition Dr ve. The two major access points into the Plaza occur along Cottonwood Ro.id on the eastern boundary of the Plaza. Open space, landscaping, signage anc.-lighting create a distinctive ' entrance,to the Billion Plaza. All of the structures will front on. one or more of the interior streets. The comprehensive landscape requirements outlined ' in these Development Guidelines strive to protect and strengthen the natural beauty of the Billion Plaza site. An open space landscaped zone has been created to protect the distinctive setting of the Plaza. Also, landscaped areas ' are created along the streets and between adjacent lots. �F 1.4 PLANNING AND ZONING Eh ' CAs Billion Plaza is within the City of-Bozeman;a:ll=development-an, im.proveme.nts,. with-i-n-.�-the—Plaza aa-re—su--jec-tP-to—the—conditio.ns_an I �r q irements=ofz-the Bozeman Zoriing Ordrnancd-and adopt-e-d:city building nodes The:Bozern'an=Planning-staff and-Building Department will-review aal� imp ox.e_ments--as--noted--in--these Develol meet Guidelines;. All C-2 1 i 1 improvements to lots within- ,the Bill-ion;Plaza-shall-c-on�rfn-to-the zone ' requirements�of tI ezBozeman-Zoning�Ordinance--,� 1.5 RUNOFF MANAGEMENT RE UIREM N CS A system of surface runoff retention has been-designed for Billion Plaza by the engineering firm of Gaston Engineering. Refer to Exhibit B of the CC&R's for a description of this system. 1.6 ENGINEERING AND UTILITIES Street improvements, underground utilities including water service, g g Storm drainage and sanitary sewer service will be installed. Telephone, ' electrical, and natural gas mains will be installed by the private utility companies. The developer improvement designs were prepared by Gaston Engineering. ' 1.7 PERMITTED AND PROHIBITED USES ' To achieve the objective of the Plaza as a high quality commercial environment and to further the goal of the development to have a mixture of uses in the development plan, the CC&R's identify uses that are permitted and prohibited within the Plaza. The objectives. and guidelines related to permitting and prohibiting uses are outlined below. In addition, the permitted and prohibited uses, as contained in the CC&R's, are restated. ' 1.7.1 OBJECTIVES .1 To permit commercial uses whose facility development and maintenance will contribute to the perception of the Plaza as a quality ' commercial park. .2 To permit commercial uses which do not, through their ' operation, produce objectionable visual, audible odorous or vibrational outputs. ' .3 To permit commercial uses which are compatible with one another and compatible with the existing or planned uses surrounding Billion Plaza. C-3 i 1 1 4 To permit commercial uses which will not create excessive ' burdens upon Billion Plaza or the City of. Bozeman transportation and utility system. ' 1.7.2 GUIDELINES 1.7.2.1 Permitted Uses Within the Plaza 1 The following operations and uses are permitted within the Plaza. ' .1 Auto-Related Uses ;(including but not limited to) ' -Automobile, Recreational Vehicles, or boat sales and/or rentals. -Automobile Supply Store ' -Automobile Repair Facilities u.tomob""ile Washing_1:stablishments -Automobile Detailing Establishments ' -Automobile Wholesale Distributors with/without retail outlets -Upholstery shops ' .2 Business Park Uses: ' Principle Uses - -Administrative and research office facilities ' -Essential services.(type I) -Laboratories, research and diagnostic -Manufacturing, light, and completely indoors ' -Pilot plants -Professional and business offices -Prototype development -Medical clipi cs (d �'-Hospitals Technology research establishments -Temporary buildings, for the during construction ' only Conditional Uses - ' =Banks and financial institutions - AT► i Trade schools-- C-4 1 -Day care centers - -Essential services (type II)- -Health and exercise establishments - -An use a roved as-par a- Tanned-uni# - , -�►F�L Y _1 pp-_ - P P development subject to the provisions of Chapter 18.54 of the Bozeman Code. .3 Light Manufacturing and assembly compatible with the intent of Billion Plaza: -Manufacturing, light, and completely indoors -Warehousing, Storage - 7 �►�-�`R 4 Commercial Uses: "'r'c AEN$ ¢ Low traffic-generating retail uses offering specialized sales, supplies, and servicesL(�including but not lirh ted to): ' i-Business related sales and service (office equipment, etc.) ✓-Medical Emergency Services ' ,,-Medical Equipment Sales !-Frozen Food Locker and Storage Renta l ✓-Equipment sales and service - ' ✓-Essential Services ✓-Rental Equipment ' 1.7.2.2 Prohibited Uses - The following operations and uses shall not be permitted on any parcel with the Plaza. ' .1 Junk yards or recycling facilities; .2 Drilling or or oil, gas, or other ' hydrocarbon substances; .3 Refining of petroleum or of its products; .4 Petroleum storage yards; ' .5 Commercial excavation or storage of building or construction materials; provided, that this prohibition shall not be construed to prohibit any excavation necessary in the course of approved building construction pursuant to Article III of the CC&R'�:; C-5 1 .6 Dumping, disposal, incineration or reduction ' of garbage, sewage, offal, dead animals or other refuse; .7 Fat rendering; ' .8 Stockyard or slaughter o:" animals; .9 Smelting of iron, tin, zinc, or any other ore, or ores; ' .10 Cemeteries; .11 Jail or honor farms; .12 Labor or migrant worker camps; ' .13 Truck terminals (as primary permitted uses) ' 2.0 APPROVALS AND SUBMITTALS 2.1 PLAN REVIEW PROCESS In order to insure that the design standards for the Billion Plaza ' contained in these guidelines are achieved, a series of plan submissions will be required at different stages of the design process. - The number of plan submissions will vary depending upon the co nplexity and timing of a proposed development. Plan submissions will also be required for significant ' revisions, alterations, additions, or change of use for approved or existing developments with the Park. ' Required plan submissions shall be submitted to the Billion Plaza Design Review Committee (BP,DRC) consisting of 1) the Declarant or his ' authorized representative, 2) a Civil Engineer, 3) an Architect, and 4) a Planner Landscape Architect or Designer. Each stage of plan submission will require three (3) sets of plans containing the specific information described below. The plan submission for each new development and each significant revision, alteration, addition, or change of use shall be accompanied by a Review Fee as defined in Section 2.1.1. ' 2.1.1 Review Fee. An Architectural and Site Plan Review Fee shall be paid to the Declarant at such times as when plans and ' specifications are initially submitted t.:) the BP.DRC in an amount equal to one cent (1C) per square foot within each building to be included in the proposal development, but not ' less then five hundred dollars ($500.00). The review fee shall include the review of the master plan (if applicable), preliminary plans, and construction documents. Review C-6 1 fees for revisions, alterations, or chanZ:,;e of use shall be at the ' prevailing rates charged the Declaran : for time and materials required by members of the BP.DRC. Any of the fee not used for review will be returned to the apf licant. The BP.DRC will be established by the Declarant to review all required plan submissions. All submitted plans will be rev�.ewed by the BP.DRC for ' acceptability of design and compliance with the CC&R's and these Design Guidelines. Upon completion of review by the BP.DRC, one set of submitted plans will be returned to the applicant along with a letter summarizing ' comments, recommendations, requirements, and findings. The returned plans will be marked "APPROVED", "APPROVED SUBJECT TO CONDITIONS", or "NOT APPROVED" with the following intended ' meanings: 2.1.2 "Approved" Documents so marked permit the applicant to proceed tothe next stage of the approval process prc:vided the applicant ' complies with the conditions specifies'. by the BP.DRC. If the applicant takes exception to the specified conditions, the applicant must do so in writing by certified mail addressed to ' the Declarant within ten (10) days from the date of the applicant's receipt of return documents. Unless such action is taken, BP.DRC will assume that all conditions are acceptable to ' and approved by the applicant. ' 2.1.4 "Not Approved" Documents will be returned to the applicant with comments ' describing the basis for disapproval. Revised documents must be resubmitted if approval is sought. Approval of the applicant's plans, specifications, calculations, or work shall not constitute an implicat..on, representation, or certification by Declarant that the above items are in ' compliance with applicable statues, codes, ordinances, or other regulations. ' Design Guidelines are in not way intended to supersede any applicable statutes, codes, ordinances, or regulations of c I controlling governmental jurisdictions. Should it be discovered C-7 1 INA that an portions of the Billio -P azI a CC&R's or Design YP � g Guidelines encourage viola ion of applicable statutes, codes, ordinances, or other governmental regulations, those discrepancies �j p ld be brought to the immediate attention of the Declarant. -The applicant shall ha ie the sole responsibility 1 for compliance with all applicable statutes, codes, ordinances, or other regulations for all work perfc rmed on the premises by ' or on behalf of the applicant. ' 2.2 BILLION PLAZA - SCHEMATIC DESIGN SUBMITTAL Submission of a schematic master plan will be required for development 1 planned to be constructed in a single phase or in separate phases over a period of time. In either case, the applicant's plans and supporting documents should clearly illustrate any proposed development as being sensitive to the 1 design concepts and general intent of the Master Plan. Satisfactory development of the schematic master plan shall prevent the need for major revisions during the later design phases, while saving valuable time and ' expense. The schematic plans are to be submitted and approved before preliminary plans are submitted. The scheme:tic plan submission shall describe, but not be limited to, the following: 1 2.2.1 General Considerations .1 Schematic layout of all buildings and structures, roads and parking areas illustrating their relationship to the property being developed and its interface with adjacent properties within Billion Plaza. .2 A description of the use of each building, type of occupancy, including an estimate of the number of employees. 1 .3 Phasing plan, if applicable, describing phasing of the ultimate 1 master plan development illustrating the extent of and completion of each phase. 2.2.2 Engineering; Considerations .1 Conceptual grading and drainage. 1 .2 Conceptual utilities layout (wate;r, sanitary sewer, storm drainage, electrical, and telephone services, etc.). C-8 i 1 � , 1 ' 3 A calculation of the impervious surface coverage as required by the City of Bozeman and other applicable agencies. ' 2.2.3 Circulation and Parking Considerations: .1 Interfaces' with off-site circulation including the location and ' design of all access drive curb cuts or interlot circulation. .2 Configuration of parking and vehicular circulation including ' guest, employee, and handicap parking. .3 Dimensions of parking stalls, parking: aisles, and driving lanes. .4 Total parking provided. ' .5 Calculation demonstrating total parking required. .6 Provision for handicapped parking, drop-off zones, and primary building entry. .7 Description of loading and service areas including: 1 .1 Truck service and loading dock areas. .2 Truck and service vehicle circulation areas. ' .3 Trans enclosure areas. .4 Exterior storage areas and location of screening devices. ' .5 Location of screening devices f()r truck and service areas. 2.2.4 Architectural Considerations: KA%_I E L .1 Building footprint ' .2 Overhands .3 Net floor area ' .4 Floor/area ratio - area of all floors/gross lot area .5 Descriptions or sketches of the architectural design concept including intended character and materials ' .6 Building height C-9 1 • • 1 2.2.5 Landscaping Considerations ' .1 Concept planting plan .2 Concept landscape grading and drainage plan ' .3 Preliminary plant list .4 Calculations and illustration of net area proposed for .on-site landscaping ' 5. Calculation and illustration of total si`e coverage as a function of net lot area to building ground contact area .6 Description of any major landscape' development features like ' plazas, fountains, sculpture, extensive paving, unusual grading, etc. 2.2.6 Required Drawings ' .1 Schematic master plan ' .2 1" = 20' - 0" minimum scale .3 include: north arrow, bar scale, general topography, road r.o.w.'s, property.boundaries, curb lines, etc. ' While the above information is required for all Schematic Design submissions, it would be desirable for all applicants to utilize all available ' presentation materials and media in order to fully communicate the intent and design character to the BP.DRC. ' 2.3 BILLION PLAZA - DESIGN DEVELOPMENT SUBMITTAL The Design Development Submittal is required to:give a complete indication of the design, character and extent of the proposed immediate development. ' This phase of submittal is an important stage at which time most design and site related considerations can be clarified, corrected, or revised before ' finalization. A copy of these documents will be submitted to the City of Bozeman Building Department as well as to the PB.DRC. The Preliminary Design is to be submitted and approved before the final Construction ' Documents are submitted. The Preliminary Design submittal shall include, but not limited to, the following: ' 2.3.1 General Considerations .1 Schematic layout of all buildings and structures, roads and parking lots illustrating this relationship to the property being developed and ' its interface with adjacent properties within the Park. C-10 .2 A description of the use of each bvAlding, type of occupancy ' including an estimate of the number of employees. .3 Phasing plan, if applicable, describing phasing of the ultimate ' master plan development illustrating the extent of and completion of each phase. 2.3.2 Engineering Considerations .1 Conceptual grading and drainage ' .2 Conceptual utilities layout (water, sanitary storm P Y Y sewer, drainage, electrical, and telephone services, etc.) ' .3 A calculation of the impervious surface coverage as required b P g q Y ' the City of Bozeman and other applicable agencies. 2.3.3 Circulation and Parking Considerations ' .1 Interfaces with off-site circulation including the location and design of all access drive curb cuts or interlot circulation. .2 Configuration of parking and vehicular circulation including guest and employee parking. ' .3 Dimensions of parking stalls and parking aisles. .4 Total parking provided. .5 Calculation demonstrating total parking required. ' .6 Provision for handicapped parking, crop-off zones, and primary building entry. .7 Description of loading and service art:as including: ' .1 Truck service and loading dock. areas. .2 Truck and service vehicle circulation areas. .3 Trash enclosure areas. ' .4 Exterior storage areas and location of screening devices. .5 Location of screening devices for truck and service areas. C-1 1 1 ' 2.3.4 Architectural Considerations .1 1/8 or 1/4 inch scale main floor plan. ' .2 1/8 or 1/4 inch scale typical floor plan. .3 1/8 or 1/4 inch scale elevations - two minimum. .4 Building materials described. ' .5 Major courtyards. .6 Net floor.area. .7 Floor/area ratio - area of all floors/gr()ss lot area. ' .8 Buildings. .9 Solar concepts. t, .10 General description of structural systE:m indicating materials and ' concepts. .11 Mechanical/electrical concepts. .12 Any general interior design concepts such as atriums, sculptures, ' balconies, or enclosed greenhouse design. .13 Signage concepts. ' .14 Outline specifications. 2.3.5 Landscaping Considerations: ' .1 1" = 20' - 0" layout plan. .2 1" = 20' - 0" landscaping grading and (drainage plan. .3 1" - 20' - 0" planting plan/plant mate-•ial list. .4 1" = 20' - 0" irrigation plan. .5 Construction details as required. ' .6 Outline Specifications. .7 Summary of: .1 Net area proposed for on-site landscaping. .2 Total site coverage as a function of net lot area ' to building - ground contact area. .8 Pedestrian circulation concept including any major site design features and/or linkages of a proposed development's pedestrian circulation plan to adjacent public sidewalks and the common space. t The above information is required for all Design Development submissions. It would be desirable for applicants to utilize all available presentation materials and media in order to fully communicate th intent and design ' character to the BP.DRC. C-12 2.4 . BILLION PLAZA - CONSTRUCTION boo MENTS SUBMITTAL ' All applicants are required to submit copies of the same construction documents to be approved by the City of Bozema.a building official, in order ' to demonstrate the precise construction deta .ls for implementing the approved Design Development Plans. ThE construction document submission requires three (3) sets of the following: ' .1 Final Grading and Drainage Plan. .2 Architectural, structural, mechanical, plumbing, and electrical ' drawings. .3 Construction Specifications. .4 Landscape Development Plans and Specifications including: ' .1 layout plan. .2 grading and drainage plan. ' .3 planting plan/plant material list. .4 irrigation plan. .5 construction details as required. ' .5 Building exterior, si na a and site develo3ment, graphics plans and specifications noting size, location, color, materialE, and installation details. ' 2.5 BILLION PLAZA - ALTERATION REVISION ADDITION OR ' CHANGE OF USE-PRELIMINARY PLAN SUBMITTAL: Preliminary plans are required to be submitted for any significant revisions, alterations, additions, or change of use to approved existing developments ' within the Park. Preliminary plans for this purpose must be submitted and approved before construction documents are submitted and before the commencement of construction. Revisions, alterations, additions, or change of use require the submission of ' three (3) sets of documents including: 2.5.1 A written description of the nature .and extent of the proposed ' revision, alteration, addition, or change of use pro;:)osed to be undertaken. 2.5.2 Indications of proposed revisions, alterations; additions, or ' changes to: . 1 The site plan. C-13 i i 1 .2 The grading and drainage plan 1 .3 The landscape development pl ins and outline specifications. .4 The building elevations including: 1 .1 Wall and roof materials, textures and colors. .2 Locations of wall mounted signing and lighting. j 1 3 Roof and parapet heights above the ground floor line. .4 The profile. of any roof mounted mechanical 1 equipment which extends above the roof parapet. .5 The building floor plans. 1 2.5.3 Tabulation of: .1 The new total building floor area. ' .2 The new site coverage. .3 The new floor/area ratio. .4 The new parking provided. ' .5 Calculations demonstrating the new required parking. .6 The new estimated peak employee count. 1 .7 Total landscaped area. .8 Calculation of impervious surface coverage as. defined by the City of Bozeman Zoning Ordinance. 2 .4 i i materials..5 Outline specifications of construction mate is s. ' 2.6 REVISION ALTERATION OR CHANGE OF USE-CONSTRUCTION DOCUMENT SUBMITTAL ' All applicants are required to submit copies -of the same construction documents to be approved by the City of Bozeman building official, in order ' to demonstrate precise construction details fo.- implementing approved preliminary plans. The construction document submission requires three (3) sets of the ' following: 1 1 Final Grading and Drainage Plan. .2 Architectural, structural, mechanical, plumbing, and electrical drawings. 1 C-14 .3 Construction specifications. .4 Landscape Development Plans and Specifications including: .1 Layout Plan. 2 Grading and drainage plan. .3 Planting plan/plant list. .4 Irrigation plan. ' .5 Construction details as required. .5 Building exterior signage and site deA elopment graphics plans ' and specifications noting size, locatiox Ls, color, materials, and installation details. ' 2.7 INSTITUTIONAL REVIEW PROCESS In the course of designing proposed developments for lots within the Plaza additional reviews and approvals will be required beyond Billion Plaza Design Review Process. The following summary of the City of Bozeman review and approval processes is included to assist individual applicants in ' understanding the approximate nature and sequence of those reviews. An understanding of the total review process from the outset, it is hoped, will contribute to smoother and more efficient processing of each proposed development. This summary may not be completely indicative of changes within city procedures. 1 2.7.1 CITY OF BOZEMAN SITE PLAN REVIEWI 2.7.1.1 Submission o ' .1 Submit 10 copies of the site 1a::1 and related data p P to: Bozeman Planning; Office ' P. O. Box 640 Bozeman, MT 59715 2.7.1.2 Review Process - ' .1 The planning staff encourages the applicant to meet informally with them prior to official plan submission. ' .2 The planning staff and appropriate review bodies will check the plan for compliance with the Development ' I1AE 7-7,--021mv+ ' L"T`l -C-suk-+'1`1 -Xr%0'0C �-7 FrF ���L� ►J7� 1'fT�CLSS A�`1 ,at'•bl.�c1s.-�t �I F•oQ y QL,L. -1 tttv1E C-is�PL �/M-ML►� [0�1F R���T►o - FT10w-.1 -TNs �. ? D. SZ.0 . \A AS 3EE►-� ReyE�v� T -rH�w �.�E I��� ��l�S ' ��\-�pLE-�E� 1�S fC�v�t� ,.�� '<<.a.E S�ghti i��L 1�t-�ti i�r�� 1'� (✓\�t�.\ES .-� -rN F 1�►�.�►e,� r'���a 1?. u-v, L Guidelines for the Park as well as City of Bozeman Zoning ' Regulations as per Section 18.5.9 of the Bozeman Zone Code. ' 2.7.1.3 Revisions .1 The applicant has up to six months to respond to h ►-v►-LT-►5 R=M ' comments on the plan made by the planning staff. F1*4W.-6►'IE f7,r-At-J After that time, the applicant would have to A9PV--N1A 1. ,&7 tLr— resubmit the application. coy-In�-�►c►-�a.� ' �s,P+Ptf.�✓,a,1. 2.7.1.4 Final Submission 1 Submi "three a plans to the planning staff with conditions met. ' .2 Submit "Estimated Cost for Improvements" form (see example at the end of this '3ection). ' .3 If all conditions are met in the final site plan, enter into an Improvements Agreement with the City of ' Bozeman (example at the end of this section). This step requires three to four days. .4 After agreement has been signed, the planning staff ' signs the final site plans and forwards them to the Building Department. a .5 Applicant has twelve monthsito complete the site improvements following the signing of the "Improvements" Agreements.. .6 If occupancy occurs prior to completion of all site ' improvements, then the applicant must provide the City with a Letter of Credit for ::io less than 1-1/2 times the value of the remaining improvements. 1 2.7.2 CITY OF BOZEMAN BUILDING PERMIT PROCEDURE 2.7.2.1 Submission .1 Submit two copies of all plans and specifications to: C-16 1 • . ' Building Department P. O. Box 640 Bozeman, MT 59715 ' The documents must be stamped by an architect or engineer licensed to practice as such in the State of ' Montana. .2 Approval for the building cannot be granted until the signed final site plan has be z?n forwarded by the planning staff. The applicant may submit the building plans prior to site pla.i approval although ' the permit will not be issued until the site plan has been approved. ' .3 Plan Check Fees are established by the schedule in the current edition of the Uniform Building Code. The valuation of the project will be determined ' either by the applicants estimate or by the Building Department using the current I.C.B.O. square-foot cost figures. ' .4 Buildingplans must conform to the following g standard codes: 1 � .1 Uniform Building Code .2 National Electrical Code ' .3 Uniform Plumbing Coda .4 Uniform Mechanical Code ' 2.7.2.2 Review Process .1 The Building Department Plan Review will take 'up to two weeks. The building permit will be issued following proper compliance with the codes and the ' receipt of the approved site plan from the planning staff. ' .2 An occupancy certificate is rey.-fired prior to occupying the structure. C-17 1 3.0 SITE PLANNING GUIDELINES ' 3.1 BUILDING SITE COVERAGE ' 3.1.1 Objectives .1 To insure that the intensity of site development is not excessive ' or detrimental to the perception of Billion Plaza as a unified commercial development. ' .2 To insure that the intensity of site development does not overtax utility.or transportation systems. ' .3 To insure that the intensity of site and landscape development does not compromise the aesthetic and visual value of the master plan and its development concepts. 3.1.2 Guidelines: ' .1 Site coverage shall be limited by restricting impervious surface area to a maximum as defined by the City of Bozernan Zoning Ordinance. ' 3.2 LANDSCAPE COVERAGE 3.2.1 Objectives: t .1 To insure that at least a minimum portion of a development site P P ' is devoted to landscape materials in order to maintain a sense of continuity with adjacent sites and to contribute to the perception of Billion Plaza as a unified commercial development. ' .2 To insure that at least a minimum of landscape materials are available on a development site in order to contribute to the environmental well-being of potential uses of each site. .1 .3 To insure that the selection and ,arrangement of landscape materials used.are compatible with the master plan concept and contribute to the development's overall enhancement. ' 3.2.2 Guidelines: C-18 t 1 A minimum of 30% of the area within the property lines of ' development.'sites shall be devoted to landscape materials unless otherwise approved in writing by the Declarant (for additio;lal landscape requirements see Landscape Guidelines Section 5.0). ' 3.3 BUILDING HEIGHTS 3.3.1 Objectives: .1 To maintain a reasonable, consistent and compatible height ' profile throughout Billion Plaza. 3.3.2 Guidelines: ' 1 The hei ht of all-Buildiri s shall-be overned-1 the Cit of s s s y y� Bozeman Zoning .Ordinance at 32'- L 3.4 STREET SETBACK ' 3.4.1 Objectives: ' .1 To achieve a feeling of openness along; the streets. .2 To encourage some regularity of space formed by buildings on either side of a street. .3 To achieve a landscaped setting between the street, buildings, and parking areas that suggest a "view corridor" sensitive to both pedestrians ' and vehicles. i ' .4 To provide for a street-side edge which will have a landscape character that will unify the total development and be sufficiently distinctive in design to differentiate Billion Plaza from other developments. .5 To provide vehicular sight lines wh,-ch allow discrimination of one business from another. ' .6 To provide vehicular sight lines wl.ich allow safe ingress and egress to properties and safe movement along roauways. C-19 i 3.4.2 Guidelines: ' .1 No building�or-parking shall=b.e ermitted-to be constructed _-- I' cg loser=than thirty-five�(3�5'):-f o_m:the stree.f fr-onti g property-lines-unless ' a-p and C proved_by-Declarant- ity-of-Bozeman a Planters, walls, site elements exceeding three feet (T) in height may be permitted in street-side setback areas only with written approval of BP.DRC. Roof overhands may extend a ' maximum of 18 inches into setback areas. cif any driveways and pa-r-king areas far-e-pu-t-between the-street and-the-building=front;-the minimum building setback shall`be ten feet(10')-from the parking-lot—� � 1 r .2 The areas of each lot between street property lines and the minimum setback lines shall be landscaped irt. accordance with City of ' Bozeman Zoning Ordinance and such landscaping; shall remain intact unless alterations are approved in writing by the Declarant and the City of Bozeman. ' .3 Any remaining setback area shall be fully landscaped in a manner both compatible with and complimentary to the landscape easements, as well as the on-site architecture and landscape design concepts. 1 A In accordance with the City of Bozeman Zoning Ordinance, ' corner lots at intersections may have no building, parking, sign, wall, or landscaping over 30 inches in height above top of curb grade located within a triangular area formed by the intersecting lines at points 40 feet distant from ' the point of intersection as measured along the lot property lines. At private driveways this requirement is reduced to a minimum of fifteen feet (151. 3.5 'INTERIOR PROPERTY LINE_SETBACW G�.�,►2r--� �.� s�.E-cc�� Ex�s.�.�l.� 3.5.1 Objectives ' .1 To provide a definite physical separation between buildings on adjoining lots suitable for distinguishing separation of properties and ' screening one property. .2 To allow' businesses on adjoining lots to be individually ' identifiable. C-20 ' O VIEWS _ _ � VIEWS o 'o ' 3.5.2 Guidelines: .1 Unless otherwise approved in writing by the Declarant, no ' building shall be permitted to be constructed closer to an interior property line than twenty-five feet (25) unless-approved-by Declarant. .2 No parking; other than automobile overhangs, shall be I t permitted to be constructed closer than fifteen feet (15') from. an interior EE property line, ut nless-other-wisez-approved-in--writir:,:-by,the-Declar-a-nt:-7 3 All setback areas shall be fully lan.iscaped in a manner both compatible with and complimentary to the Park .and associated landscaping ' easement, on-site architecture and landscape desig,l concepts. ' 3.6 SETBACK FROM CREEK AND DRAINAGE 3.6.1 Objectives: ' .1 To protect the integrity of the property during storm runoff. ' .2 To contribute to the perception of the open space as a natural 'park-like' environment. ' 3.6.2 Guidelines: .1 No building, sign, or other structur or development shall be permitted to be constructed closer than fifteen fee : OF) from the 35' drainage and detention easement along the drainage ways unless approved in writing by the Declarant. ' C-21 .2 Any parking area that abuts the open space and the associated ' creek zone shall be screened on the side that faces the open space. Such screening shall consist of landscaping or berming: not less than 30 inches in height above the surface of the parking area. ' 3.7 PARKING REQUIREMENTS 3.7.1 Objectives: .1 To provide sufficient on-site parking to accommodate all ' vehicles associated with the use of each lot at any one time, and, therefore; not require vehicles to be parked on public roadways or on lots of other companies. ' 3.7.2 Guidelines: ' .1 On-site parking shall be provided as required by the City of Bozeman Zoning Ordinance. ' 2 The joint use of parking areas by two or more businesses located within the Plaza is encouraged. Any such joint usage, however, shall comply with the City of Bozeman Zoning Ordinance. .3 Standard parking stalls shall be dimensioned according to the r � s requirements of the City of Bozeman Zoning Ordinance. In parking areas with over 25 parking spaces a maximum of 25% of the spaces may be sized and identified as "compacts only" parking spaces. ' .4 Handicap parking shall be provid 1 par i requirements shall meet the minimum standards set forth in Section 18.501of the Bozeman ' Zoning Code. �t<u 3.8 ACCESS AND DRIVE LOCATIONS: ' 3.8.1 Objectives: .1 To have access drives located such that vehicular traffic arriving ' at and leaving from lots, as well as traffic passing continuously on streets, flows at an optimum level of efficiency. 1 C-22 1 2 That the continuity of street-side landscaping is minimally disrupted by the construction of access drives and as allowed by Section ' 18.50.110 of the Bozeman Zoning Code. ' .3 That utilities located in the landscape easement zone are not or are only minimally disrupted by the construction of access drives. ' 3.8.2 Guidelines: .1 Curb openings, such as driveways or access streets will be permitted only if the opposite side of the str&, t has no. planned curbed openings. ' .2 Access drives should be coordinated with adjacent lots so as not to impede the efficient flow of peak period traffic. Consideration should be given to adequate separation of adjacent access drives or the development of ' common access drives. .3 Access drive designs should incorporate provisions for efficient ' vehicle stacking during peak periods of use. .4 Access drives should be located such that their construction ' results in a minimal disruption of the street sid,z landscaping and utilities located within the designated boulevard landscap(. zones. ' 3.9 SIDEWALKS: 3.9.1 Objectives: ' .1 To P (separated provide a safe ( arated from vehicles) all weather efficient and aesthetically pleasing means of pedestrian circulation serving each site, including connection of parking areas with building entries, connecting buildings to one another, and connecting building entries with on-site amenities and perimeter walks. 3.9.2 Guidelines: ' .1 An on-site pedestrian circulation system shall be provided to meet the circulation needs of on-site users. (_See site plan submittal for ' Billion Chrysler Mazda) Such systems should provide safe, all weather, efficient, and aesthetically pleasing means of on-site movement andr§hot4d be an integrated part of the overall architectural and site design concept C-23 1 • including landscaping/as appropriate to the specific design as it relates to its specific site. .2 r-Liiikag.es—shall-be—made-b.e.t ew e t on=site—an-d--perimeter ' cpedestrian--ci"rculation-systems; Bicycle circulation shall be confined`to public right-of-way and parking lots excluding public sidE walks. ' 3.10 STORAGE, SERVICE, AND LOADING AREAS 3.10.1 Objectives: .1 To insure that storage, service, and loading areas are minimally g g Y visible from primary visual exposure areas (streets, public areas, primary ' image entry drives, floors of image buildings, common visual and recreational amenity areas, etc.) ' 2 To insure that storage service and loading areas are located upon a site so as to minimize the visibility of loading and service vehicles from primary visual exposure areas. ' .3 To insure that the storage, service, and loading areas are designed and located on the site so that service vehicle activities and ' movements do not disrupt the efficient flow of on-site and off-site traffic. I I 3.10.2 Guidelines: I ' Storage, service maintenance and loading areas must be constructed, ' maintained and used in accordance with the following conditions: .1 Outside storage of materials, supplies, or equipment, including trucks or other motor vehicles (not including vehicles for sale), shall be permitted only if: ' .1 The material, equipment, or objects stored outside are incidental to the activities regu.1arly conducted on the premises. ' .2 The area devoted to outside storage does not exceed 15 percent of the gross floor area of the principal structure on ' the site. i C-24 1 1 .3 The area is screened from public view and harmonizes ' with the architecture, design, and appearance of neighboring structures and other surroundings. ' .4 The area is located upon the rear and/or side portions of a lot, unless otherwise approved by The Declarant. ' .2 Provisions shall be made on each site for any necessary vehicle loading and no on-street vehicle loading shall be permitted. Refer to Section 3.7.2.1 for loading space requirements. .3 Loading dock areas shall be set back, recessed, or screened to reduce visibility from adjacent lots, or sites, neighboring properties, or streets ' and in no event shall a loading dock be closer than 75 feet from a property line fronting upon a street unless otherwise approved in writing by the Declarant. The minimum area provided for a loading space shall be twelve ' (12) feet by thirty-five (35) feet. 3.11 REFUSE COLLECTION AREAS 3.11.1 Objectives: ' .1 To insure that refuse and refuse containers are not visible from primary visual exposure areas (streets, primary irlage entry drives, floors of image buildings, common visual and recreational amenity areas, etc.) ' .2 To insure that refuse enclosures are effectively designed ned to receive and contain generated refuse until collected, and enclose refuse ' containers after refuse is collected. ' .3 To insure that refuse collection vehicles have clear and i convenient access to refuse collection areas thereby avoiding excessive wear- and-tear to on-site and off-site developments. ' 3.11.2 Guidelines: .1 All outdoor refuse containers shall be visually screened within a ' durable 6 foot or higher enclosure, so as not to be visible from adjacent lots or sites, neighboring properties, the 'common areas or streets. No refuse ' collection areas shall be permitted between a street and the front of a building, unless plans are approved in writing by the Declarant. C-25 .2 Refuse collection areas should be effectively designed to contain ' all refuse generated on-site and deposited between collections. Deposited refuse should not be visible from outside the refuse enclosure. ' .3 Refuse collection enclosures should be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme. ' .4 Refuse collection areas should be so located upon the lot as to provide clear and convenient access to refuse collection vehicles and thereby ' minimize wear-and-tear to on-site and off-site developments. .5 Refuse collection areas should be designed and located on the lot ' so as to be convenient for the deposition of refuse ;generated on-site. 3.12 SCREENING OF EXTERIOR MECHANICAL_EQUIPMENT ' Obje ctives ec iv 3 � t es t .1 To prevent all exterior components of plumbing, processing heating, cooling, and ventilating systems from being directly visible from within the lot or from adjoining streets, lots, or buildings. 3.12.2 Guidelines ' .1 Exterior components of plumbing, processing, heating, cooling, and ventilating systems (including but not limited to piping, tanks, stacks, ' collectors, heating, cooling, and ventilating :equipment fans, blowers, ductwork, vents, louvers, meters, compressors, raotors, incinerators, ovens, etc.) should not be directly visible from a height of 5-feet 0-inches above any ' ground or ground floor elevation at a distance closer than 200 feet from the closest building wall on any lot, unless components are an integral part of the building exterior design concept and otherwise �.pproved in writing by the ' Declarant. .2 It is recommended that in the case of roof mounted mechanical t equipment, that building parapets be of such a height that roof mounted screening devices not be required. If building parapets do not provide the required screening , mechanical equipment shall be screened by an ' unobtrusive screening device that will appear as in integrated part of the overall architectural design. C-26 1 .3 Any devices employed to screen exterior components of ' plumbing, processing, heating, cooling, and vent-lating systems from direct view should appear as an integrated part of the z.;rchitectural design, and as such, be constructed of complimentary and durab::e materials and finished in ' a complimentary texture and color scheme to the overall architectural design. .4 Any exterior components of plumbing, processing, heating, ' cooling, and ventilating systems, and their screening devices, that will be visible from upper floors of adjacent buildings shall be kept to a visible minimum, shall be installed in a color as neat and compact fashion, and shall ' be painted such a color as to allow their blending with their visual background. ' .5 No exterior components of plumbing, processing, heating, cooling, and ventilating systems should be mounted on any building wall unless they are an integrated architectural design ftiature and in any case shall ' be permitted only with the written approval of the Declarant. 3.13 SCREENING OF EXTERIOR ELECTRICAL EQUIPMENT ' AND ' TRANSFORMERS 3.13.1 Objectives: ' .1 To minimize the visibilityof exterior electrical equipment and ' transformers from primary visual exposure areas (streets, primary image entry drives, floors of image buildings, and common visual and recreational amenity areas, etc.) ' 3.13.2 Guidelines: .1 Transformers that may be visible from any primary visual ' exposure area shall be screened with either plan;"ing or a durable enclosure (configuration acceptable to Montana Power Company). Where possible, it is ' recommended that refuse containers and transfor°mers be integrated into the same enclosure. .2 Transformer enclosures should be designed of durable materials ' with finishes and colors which are unified and harmonious with the overall architectural theme. ' .3 Exterior mounted electrical equipment should be mounted on a building whenever possible. When interior mounting is not practical, C-27 1 1 • 1 electrical equipment should be mounted in a location where it is substantially ' screened from public view. In no case should should exterior electrical equipment be mounted on the streetside or primary exposure side of any building. Transformer locations should be carefully coordinated with the ' applicable utility during the design development phase to insure compatibility with proposed building locations and pedestrian circulation to afford being visually buffered from view. .4 Exterior mounted electrical equipment anc conduits should be kept to a visible minimum, but where visible shall be installed in a neat and ' orderly fashion and painted to blend with its moulting background. 3.14 FENCES AND WALLS ' 3.14.1 Objectives: ' .1 To permit the installation fences and walls within a lot for the purpose of site security, sound attenuations, separation of functional activities, and screening of unsightly functions and activities. ' .2 To have fences and walls installed such that the i Y are as inconspicuous as possible or designed as an integrated and complimentary ' architectural design element adding interest to the overall architectural design concept. ' .3 To have no walls or fences reduce the intended quality of development or reduce the perception of the Park as a series of research 'estates'. ' .4 Tdiscourage the construction of walls and fences excep t t as p ' necessary to screen outside storage, loading, and service areas. .5 To insure that fences and walls do not, because of their height, location,.or design, decrease the safety or efficiency of-traffic flows on-site of in ' fronting streets. 6 To avoid visual impact on the common areas including its ' associated creeks, ponds, and landscaped user spaces. ' .7 To discourage use of chain link fence. . 3.14.2 Guidelines: C-28 1 1 ' ,1 No fence or wall shall be constructed closer than 50 feet from the cutbline of a fronting street, unless approved in writing by the Declarant. ' .2 No fence or wall shall exceed a height of 8-feet 0-inches unless otherwise approved in writing by the Declarant and approved by the City of Bozeman. ' .3 Walls and fences between building and fronting streets are discouraged, but when necessary shall require written approval by the Declarant. .4 All fences and walls should be designed as an integrated part of the overall architectural and site design. Landscape materials used as integral parts of the fencing shall be encouraged. All materials used shall be durable and finished in textures and colors complimentary to the overall architectural ' design. No barbed wire, wire mesh or any sharp-edged material shall be allowed. ' .5 Where chain link fencing is to be emloyed, it shall be of a dark color and be largely hidden behind evergreen plant materials, and/or ea berming (Bar galvanized chain link fencing shall be prohibited .. unless ' approved by Declarant. ��Tp 3.15 UTILITIES AND COMMUNICATION DEVICESS-�L�+� 3.15.1 Objectives: ' .1 To have the entire Plaza visually free of unsightly overhead power and telephone lines, utility poles, and other utility and ' communication equipment and components. .2 To prevent off-site utility systems fi,um becoming overburdened ' by individual lot utility services. .3 To achieve minimum disruption of off-site utilities, paving and ' landscaping during construction and maintenance of on-site systems. 3.15.2 Guidelines: .1 All exterior on-site utilities including, but not limited to, drainage systems, sewers, gas lines, water lines, and electrical, telephone, and C-29 communications wires and equipment shall be installed and maintained ' underground. .2 On-site underground utilities shall bra designed and installed to minimize the disruption of off-site utilities, paving and landscaping during construction and maintenance and shall be of such design so as not to place excessive burdens upon off-site utility systems during the course of use. 1 .3 An antenna or device for transmission or reception of any j signals, including, but not limited to, telephone, television, and radio, will ' generally not be approved unless it is placed on any lot so that it is not visible from 5-feet 0-inches above the ground or ground floor level at a distance of 200 feet in any direction unless screened adequately and approved by ' declarant. .4 Temporary overhead power and telephone facilities are ' permitted during construction. .5 All utility improvements shall be Iesigned, constructed and ' installed according to the standards and criter a adopted by the City of Bozeman and approved by the City of Bozeman and approved by the City of Bozeman Engineering Officer. ' 3.16 GRADING ' 3.16.1 Objectives .1 To encourage site design which protects buildings and business activities from damage or disruption during storm conditions. ' .2 To allow precipitation falling on-site and surface water flowing from adjacent sites to be effectively absorbed or to drain off the site without causing excessive water concentrations on adjacent sites or streets. ' .3 To have site grading compliment and reinforce the overall architectural and landscape design character. ' 3.16.2 Guidelines .1 The site is protected from the normal flood water of storm ' runoff by a creek and pond detention system. (See Exhibit B in CC & R's) No construction or placement of berms, landscaping, or structures shall occur in C-30 • this area without written approval of Gaston Engineering, Inc. and proper . t governmental agencies. Alterations to the creek and pond detention systems shall only be made after review and approval by the project Civil Engineer and proper governmental agencies. Alteration may be made only when the ' character remains the same and surface area and volume remains the same or are increased. ' .2 The building sites have been provided with a surface grade to the creek and. pond detention system. The grades on this system are at an elevation that will drain the site; however, extreme care must be exercised to ' insure on-site runoff is designed properly tp permit proper drainage, since volume retention elevations are critical. Each ;Individual property owner must construct a storm sewer system to convey the site surface, ground, and ' storm waters to the creek and pond detention system. A central detention facility is required on each lot unless otherwise approved in writing by Gaston Engineering, Inc. (Specific site drainage plans shall be prepared by the project ' Civil Engineer). Drainage easements have been designated on the site plan to permit the passing of water from one site to another to allow for the overflow of storm water to the ponds and prevent any flooding of buildings. These easements may not be obstructed by berms, structures, or unauthorized landscaping. (Specific pad elevations for each site must be approved by the project Civil Engineer). ' 3.17 NUISANCES ' 3.17.1 Objectives: .1 To insure that no portion of Billio.l Plaza is used in such a ' manner as to create a nuisance to adjacent sites or streets such as, but not limited to, vibration, sound, electromechanical :disturbance and radiation, electromagnetic disturbances, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter. ' 3.17.2 Guidelines: 1 No nuisance shall be permitted to exist or operate upon any lot CaE'LC or site so as to be offensive or detrimental to any adjacent lot or site or JO\A% ' neighboring property or to its occupants. The owner or lessee shall submit to the BP.DRC a written statement (in triplicate) identifying all potentiSl nuisances )that may arise from their operations at the Billion Plaza and provide a plan for the acceptable handling, disposal or remedy of those nuisances that meet all applicable local, state and federal regulations C-31 pertaining to those nuisances or a statement that no potential nuisance exists. ' A 'nuisance' shall include, but not limited to, any of the following conditions: ' .1 Any use of the lot or site which emits dust, sweepings, dirt, or cinders into the the atmosphere, or diE charges liquid runoff and discharge, solid wastes, or other harmful matter into the creeks, or other ' waterway which, in the opinion of the Declarar t,may adversely affect the health, safety, or comfort of persons within the z:rea or the intended use of their property. No waste or any substance or materials of any kind shall be P,n ' discharged into any public sewer serving the subject property or any part thereof in violation of any regulation of any public body having jurisdiction over such public sewer. J� s h o-►15 .2 The escape or discharge of any fumes, odors, gases, vapors, steam, acids, or other substances into the atmosphere which discharge, in the ' opinion of the Declarant, may be detrimental to the health, safety or welfare of any person or may interfere with the comfort of persons within the area or which may be harmful to property or vegetation. t .3 The radiation or discharge of intense glare or heat or ' atomic, electro-magnetic, microwave, ultrasonic laser, or other radiation. Any operation producing intense glare or heat or., such other radiation shall be performed only within an enclosed or screened area and then only in such a manner .that the glare, or heat, or radiation emitted will not be discernible ' from any point exterior to the site or lot upon which the operation is conducted. At no time shall the radioactivity measured at any property line be in excess of 2.7 x 10.11 microcuries per milliliter of air. 1 .4 Excessive Noise: At no point outside of any lot plane shall the sound pressure level of any machine, device, or any combination of same, from any ' individual plant or operations, exceed. the decibel levels in the designated preferred octave bands as follows: C-3 2 1 ' Maximum `sound Pressure Octave Band Levels (db) at Boundary Center Frequency Plane of Lor ' 31.5 78 63 72 ' 125 65 250 59 500 55 ' 1000 52 2000 50 4000 48 ' 8000 47 ' A-Scale levels for monitoring purposes are equ::valent to 60 db (A). The maximum permissible noise levels for the octave bands shown above are equal to an NC-50 Noise Criterion curve whery plotted on the preferred ' frequency scale. Reasonable noise from motor vehicles and other transportation facilities are exempted, so long as the vehicles or other transportation facilities are not continuously on the subject property. The ' operation of a signaling device and other equipment having impulsive or non-continuous sound characteristics shall have the following corrections applied: 1 Corrections: ' Pure Tone Content -5db Impulsive Character -5db Duration for Non-Continuous Sounds in Daytime Only: ' 1 minute/hour +5 db 10 seconds/10 minutes +10 db 2 seconds/10 minutes +15 db The reference level for the db values listed above is the pressure of 0.00002 ' microbar or 0.00002 dyne/cm2. C-3 3 t 1 .5 Excessive emissions of smoke, steam, or particulate ' matter. Visible emissions of smoke or steam will not be permitted (outside any building) which exceed Ringlemann Number 1 on the Ringlemann Chart of the United States Bureau of Mines. This requirement shall also be applied ' to the disposal of trash and waste materials. Wind-borne dust, sprays, and mists which originate on the lot or site are not permitted. ' .6 Ground Vibration: Buildings and other structure:.- shall be constructed, and ' machinery and equipment installed, and insulates_ on each lot or site so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point exterior to any lot or site. ' .7 Fire and Explosive Hazards: ' All activities involving the use or storage of combustible, flammable or explosive materials shall be in compliance with nationally recognized standards, and shall be provided with adequate fire-fighting and ' fire-suppression equipment and devices in compliance with the current edition of the National Fire Protection Association regulations. Burning of waste materials in open fires is prohibited. ' 4.0 ARCHITECTURAL GUIDELINES ' 4.1 Objectives ���g�,E c� .1 To encourage high qu ity, contempe� ry architectu 2es* n of all facilities to be constructed withi the Plaz us allowing to vely . differentiated from other commercia opmer-ts. ' .2 To encourage businesses located within the Plaza to express themselves individually through the architectural design of their facilities. ' 4.2 Guidelines: ' .1 All design shall appear as an integrated part of an overall site design concept. ' .2 No 'period buildings' shall be r:•:_-rmitted. Contemporary building forms, materials, massing, and scale will be encouraged. 'Contemporary'_?is defined as elements which Are consistent with current 1 C-34 innovative technologies, design concepts, material characteristics and ' planning concepts? Fn 3 The scale of each building should be in_proper proportion to the ' si e�ot on wFich it is sited and-the-open-space-adjaeent to-said-lot. yW Elements such as steps in roofs, roof heights and changes in materials as well I�L � as overall size shall be used to address concerns c,f scale in a similar manner ' to the initial Billion Chrysler/Mazda building. .4 Pre-engineered metal buildings will not be permitted. Metal clad ' buildings will be permitted only if designed by an architect and only if specifically approved in writing by the Declarant. ' .5 Design consideration should be given to: .1 Views and vistas ' .2 Solar orientation and climate, solar reflection .3 Orientation towards major streets and thoroughfares ' .4 Vehicular and pedestrian flowi .5 The character of surrounding developments .6 Expressions of a facility's functional organization .7 Expressions of the individual r_naracter of each business ' .8 The satisfaction of physical, psychological, social, and functional needs of facility use:s. ' .9 Energy conservation'through facility design. .10 Potential environmental hazards .11 Enhancement of the overall landscape ' .12 Relationships to creek and open space .6 Consideration should be given to the incorporation of design features such as: .1 Entrance drives ' .2 Visitor parking areas .3 Plazas .4 Decorative pedestrian plazas ai,.d walkways ' .5 Site focal points .6 Employee lunch areas .7 Employee recreational facilitieE, ' .8 Accent landscaping .9 Accent lighting .10 Dynamic building and roof forms C-3 5 1 1 � . i .11 Striking window patterns ' .12 Light and shadow patterns .13 Color accents ' 5.0 LANDSCAPE GUIDELINES The landscape consists of elements that give form to exterior spaces. ' Thus, the character of the landscape is created by elements such as streets and building setbacks, the variety and placement of elements such as signing, site lighting, walkways, and plant materials, and the arrangement of major ' functional elements such as project entrances, parking lots, buildings service areas, etc. Given that project architecture and building sites within the Plaza will most likely be of varying types and sizes, landscaping as a design element ' will play the key role in creating and conveying the overall 'character of Billion Plaza as a commercial development. The purpose then, of these Master Landscape Design Guidelines, is to provide design criteria which will ' help to insure that Billion Plaza achieves an image that is distinctive, clearly understandable, and unified. 5.1 CONCEPT �t.l►ib�aa'(� As a part of the Billion Plaza master plan, a Landscape theme has been ' conceived to organize, unify and create a distinctive character for the whole of the Plaza. The Landscape theme recognizes that the Plaza consists of three zones, namely the Streetscape Zone, the Interior Zone, and the Open Space ' Zone. An understanding of the nature of these three zones is important to understanding these landscape design guidelines and their intent. 1 I I C-36 ♦; \\ \ N OPEN SPACE ZONE- INTERIOR ZONE %%A \` I � 1 ��\ STREETSCAPE \ oo ••• I ••• / I ••• I��/ I •• ' 5.1.1 Streetscape Zone: The streetscape zone is the primary image setting zone and ' includes all arterial and collector roads. All improvements within this zone :will have the greatest degree of control? ' .1 The Landscape Easement This area consists of 1) a public_ easement beginning at the ' back of the streetside curb and extending inward to the right-of-way line along all arterial and collector roads and 2) a private easement beginning at the right-of-way line and extending inward for a maximum distance of 15 feet along all arterial and collector roads. Owner (s) of the adjacent property shall be responsible for the landscape ' development of the areas within public and private easements and such development is subject to the guidelines set forth in Section 5.2.1. Common elements ' within the public easement include sidewalks, planting, irrigation, street lighting, project signing, landscape grading, and project entries. Common elements within C-37 1 the private easement may include sidewalks, planting, irrigation, landscape grading and project entries. Parking lots and associated lighting and signage would be permitted' provided their size, layout, and landscaping are sensitive to the landscape improvements in the public easement. i r i STREET P. WC PRIVATE ' 15'-0 15'MAX t5.1.2 Streetscape Zone Design Concept: The streetscape consists of the interior street system, namely ' Auto Plaza Drive and Competition Drive. PERIMETER CORRIDOFID RS,.-' i ENTRY CORRIDORS II ------------------------------' 1 C-3 8 1 .1 ,Per-ime ter-Corridors: ' There are two perimeter routes namely; Highway 191 and Cottonwood Road. Planting along these edges will be clusters of mixed conifers, deciduous trees, and lawn placed in selected areas�on-earthern-berms will create a series of mixed natural groves that provide the overall project with a natural appearance as well as.serving as buffers from winds. Entries ' into the development will punctuate these groves providing highlighted project identification. The entrance signs for the Billion Plaza will be provided along Cottonwood Road. These entrances will be enhanced with ' plantings of flowering and evergreen trees, shrubs, ground covers, lawn, irrigation, lighting, and --y-scul-ptured-ea-rthern-berms. 1 � ' e -- VIEWS ' ,,,�������������u��miimlllllllllllllllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�I���������� 1 ' 5.1.3 Interior Zone The interior zone encompasses all exterior elements from the streetscape zone to: 1) building walls, 2) the landscape and storm water ' drainage easement identified with the creek and ponds, and 3) the landscape areas between adjoining buildings and open spaces not associated with the streets, landscape easements or creeks. This zone is subject to the needs of each individual tenant and thus is meant to have a greater degree of flexibility than the streetscape zone. Common concerns within this zone ' include: Parking lot arrangements and landscaping, site lighting, regulatory and directional signing and service area screening. C-3 9 ' 5.1.4 Interior Zone Design Concept The interior zone of the Plaza is identh-ied to a large degree by individually developed vehicular entries, parking areas, and building landscapes at street-side should reiterate the natural character of the entries. Spaces near the creek should be sensitive to the informal and naturalistic ' landscape character identified with the Open Space Zone. In the former setting, parking lots and vehicular entries are to be planted in formal patterns and arrangements with conifer and deciduous canopy trees, deciduous ' flowering trees, evergreen ground covers, and law. In spaces visually associated with the creeks, less formal and naturalistic patterns and arrangements should be proposed incorporating conifer and deciduous ' canopy trees, deciduous trees, and evergreen ground covers. 5.1.5 Open Space Zone ' The Open $pace Zone is a linear arrangement of introduced landscape elements including the creek and ponds. Commo.'a concerns within this zone ' include: building locations, non-interference of water inlet and outlet structures, maintenance of critical grades associated with this corridor to insure conformance to storm drainage design parameters, landscaping, ' pedestrian access, landscape lighting, directional signing, and service area screening. Fi+�a� LUr-IC, ' Landscape Plan is attached as Exhibit "D". --------------- 3 1 d OPEN SPACE ZONE \ \\ ' C-40 1 5.1.6 Open Space Zone Design Concept ' It is intended that landscaping and related site development accomplished in areas directly adjacent to or visually associated with The ' Open Space Zone should recall the naturalistic and informal native settings that exist in the creek drainages and stream valleys regionally associated with Billion Plaza. Interior zone landscaping bordering The Open Space Zone ' should reflect this native character, thus creating a compatible transition between zones. Developer will provide a 15' trail access easement, location of which ' will be determined by developer and Parks, Open 'Space and Trails Committee compatible with 'a future trail system. Trail will be.constructed of a cinder base or other material agreed to by developer. 5.2 GUIDELINES ' 5.2.1 Assessment District Installation and Maintenance Agreement .1 The Declarant has caused to be formed The Billion Plaza Owners ' Association ("Association") for the purpose, among others, of maintaining the the open space. The landscape maintenance will be paid for through assessments made by the Association. ' .2 Individual owners will be responsij')le for maintenance of the landscaping on their own lot as well as the landscaping adjacent to their lot ' within dedicated right of ways. If the owners do not properly maintain the aforementioned landscaping, the Board of the Homeowners Association may choose to have the maintenance done on behalf of the association and ' charged to the negligent owner. ' INSTALLED BY BUYER PURSUANT TO PLANS OF OWNERS' ASSOC. INSTALLED BY BUYER' 1 STREET RDWC PRIVATE EASEMENT C-41 1 � • 1 .3 The Street Landscape Easement landscaping and irrigation will ' be installed as a continuous linear system. .4 Specific locations or limitation of vehicular access points shall be ' as described in Access and Drive Location Guidelines, Section 3.8. 5.2.2 Maintenance of Unimproved Sites r,7 ,2S Ll. C ' o�� SyoCt .1 Sites that are not improved or b Ztupon shall be maintained in a clean and neat appearance by the property¢wner. Weeds, brush, and trash ' will be removed at least twice a year; once i the Spring and once in the Fall. The Declarant and its representatives have t e right to perform the necessary maintenance and charge the individual tenant or property owner as ' necessary. Declarant will initiate a weed control planl approved by the Gallatin County Weed Control Board. ' 5.2.3 Landscape Coverage 1 A minimum of 30% of the area within the property lines shall ' be devoted to landscape area. At least 75% of this required landscaped area shall be in live vegetative materials. The remaining .non-vegetative area may consist of walkways, decorative structures, benches and other appropriate landscape structures. Areas of stone, rock or bark ground cover shall be dispersed among and coordinated with the live vegetation. ' 5.2.4 STREET FRONTAGE ZONE DESIGN GUIDELINES (See also Setback Guidelines, Section 3.4) .4.1 Definition of Street Fronta 5.2 e�Zone� ' .1 The street frontage zone is defiled as that portion of the site which fronts the Street Landscape Easement. ' 5.2.4.2, Specific Design Limitation Wit,%iin The Street Frontage Zone ' .1 Grading ' Finish grading for each site should meet the existing grade at the Street Landscape Easement boundary. Transition slope in this zone should not exceed 3:1. 1 C-42 1 .2 Service Areas Service areas within this zone should be enclosed with solid walls and screened with the appropriate landscape materials. 1 SCREEN WALL SERVICE LANDSCAPING ' AREA _ =€ VIEWS �������������������IIIIIIIIIIIIIIIIIIIIIII►Illillll IIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII►illllllllllllllll����������,,,, 1 .3 Parkin- Surface parking areas within the street frontage zone should be visually screened from the adjacent streets. The intent is to create a "filtered" view into and out of the ' surface parking areas. This can be achieved with the careful location and positioning of all parking areas to reduce their visual impact and the sensitive use of ' earthen berms and tree and shrub plantings within the Street Landscape Easement. This does not include areas used for display of vehicles for..,sale. ' .4 Screening Shrubs Shrubs, in combination with walls, should be selected to aid in eye-level screening of se::vice areas. The shrubs should be planted at a size and spacing that can achieve an 1 C-43 1 • effective screen within a three :Near period from ' installation. Shrub size in thref. years should be 3 to 4-feet in height, 3-feet width and planted at a'minimum spacing of 4-feet on center. Selected tree and shrub species should ' be chosen to fit the climatic and regional horticultural conditions prevailing at the Plaza. Species selection is subject to review by the Design Review Committee. ' .5 Street Frontage Landscaping Landscaping of the primary elements within street frontage zone will be consistent with Section 18.50.100 of the Bozeman Zone Code and the site plan of Billion ' Chrysler Mazda (Exhibit D). 5.2.5 Parking Lot Landscape Requirements ' .1 The perimeter of all parking areas shall be landscaped with a plant/material screen that provides intermittent ' screening and allows visual penetration into these areas when viewed from adjacent streets, service areas, major building and entrances and significant outdoor spaces. ' Such screens should consist of deciduous and evergreen plant material at least 2-feet in height. Landscaped earth berms a maximum of 3-feet high or any combination of earth berm and plant material that achieves a height of 4-feet may substitute for the screen planting. ' .2 For every outdoor parking area that consists of 15 or more parking stalls, a minimum of I) square feet of landscaping will be provided within the pa-.king lot for each parking ' space as per the Bozeman Zoning Code to physically and/or visually reduce the occ.Irrence of large, unbroken areas of parking area. The minimum width of such areas ' shall be 5 feet. Landscaping selected parking bays and strips between adjoining parking areas is encouraged to ' accomplish this goal. The use of landscaped earth berms, deciduous and evergreen trees, shrubs, ground cover, and lawn would be appropriate. ' 5.2.5.1 Tree Planting Requirements C-44 1 .1 A minimum of one 1 1/:!-inch to 1 3/4-inch (trunk ' diameter) for deciduous trees or a minimum of 4 feet in height for coniferous trees is required for each 3 parking stalls to achieve minimum ' effectiveness. Trees must be placed in the immediate vicinity of the parking stalls, and sensitive to adjacent plantings. All parking area ' landscaping must meet the minimum requirements of the City of Bozeman Zoning Ordinance. .2 Tree wells and planting areas within paved parking areas suggested to provide a minimum clear ' planting space equivaler,t to the parking area's stall width. ' 5.2.5.2 Parking and Pedestrian Circulation .1 Parking location and 'lay:)ut should facilitate easy ' and safe pedestrian circulation. .2 If the parking layout is one or two rows deep, a ' walking space with a minimum width of 4-feet should be provided between stalls at key locations where heavy pedestrian circulation is anticipated. t This does not include display areas. i .3 If parking lots exceed four rows in depth, the ' alignment of the aisles should be in the direction of pedestrian movemen--. 1 I 5.2.5� .3 Parking Lot Plant Material List i 1 Single or mixed species t.,ees and/or shrubs can be ' used for each parking compound. Final placement of these materials should reflect a logical pattern or arrangement that enhances each parking area and is tsensitive to the patterns created in adjacent parking. .2 Selected tree and shrub species should be chosen to ' fit the climatic and regional horticultural conditions prevailing at the Plaza site. Species C-45 selection is subject to review by the Design Review Committee. All plantings, whenever possible, will be in accordance with the "Street Tree and Park Tree Inventory, Analysis and Recommendations" ' by Dick Pohl dated December 11, 1990 as adopted by the City of Bozeman. ' 5.2.6 VEHICULAR ACCESS DRIVE DESIGN GUIDELINES 5.2.6.1 Location Criteria .1 Major access drives are to be located as described in Access and Drive Location Guidelines, Section 3.8. i . .2 Access should be located by the individual property ownerCaccordin`g to City-of-Bozema-n Standards. ' .3 Where new access driveways punctuate existing landscape berms, the berms should be regraded and treplaced by berms with a 3:1 maximum slope. 5.2.6.2 Limited Use Area at Primary and Secondary Drives .1 Primary Drive ' The limited use area at street intersections is defined as the triangular area formed by the intersecting street property lines and a straight line ' joining such intersecting lines at points forty feet (40') distance from the point of intersection t measured along the property lines adjacent'to the streets. .2 All objects higher than 30-inches above the centerline grades of the intersecting streets including, but not limited to, shrubs, trees, signs, and earth berms shall be located outside of the limited use area. ' 5.2.6.3 Private Drives .1 The limited use area at private drive street C-46 1 • • intersections is defined as the triangular area formed by the intersecting lines at points fifteen feet (15') distance from the point of intersection as measured along the curb face of the public street ' and private drive. .2 All objects higher than 30-inches above the centerline grades of the streets in the area of the curb cut including, but not limited to shrubs, trees, signs, and earth berms shall be located outside of ' the limited use area. t 5.2.7 GUIDELINES FOR INTERIOR PROPERTY LINES AND NORTH PROPERTY LINES OF NORTHERN 4OST LOTS AND LANDSCAPE AREAS 5.2.7.1 Side and Rear Yard Requirements .1 A 10-foot minimum planting strip is to be ' provided continuously along and adjacent to all interior property lines, unless otherwise approved in writing by the Declarant. .2 All site drainage shall be directed away from the 10-foot zone. Drainage within the 10-foot zone may ' flow to an adjacent property. .3 A maximum slope of 2:1 is allowed within the ' 10-foot planting zone. F. curved transition should be provided at the top and bottom of all ' slopes within this zone. .4 No walls or fences exceeding 30-inches in height ' shall be permitted within the required 10-foot planting zone. Walls or fences separating adjoining parcels may be permitted when located at the ' property line. 5.2.7.2 Side and Rear Yard Landscape Requirements ' .1 -&tlwr shrub6�n_ le-tr plantings as specified below shoul ided within the 10-foot zone. C-47 Where two properties adjoin, plantings should ' address the combined space of adjacent planting strips. In instances where one strip is already planted, the adjoining strip under construction ' should be sensitive to th,! layout pattern, species / selection, and design.of .::he former planting. E -{— Sc xC .2 On the northern most property line of the project, d= ' C all lots bordering said property line with lands not 2 in this P.U.D. shall address the differences in use by v.L-101l ' additional plantings. These plantings shall be in --� accordance with the Bozeman Zone Code as it relates to more intense uses buffering themselves ' from adjacent less intense uses. 5.2.7.3 Plant Material Sizes - Interior Property Lines ' The followingplant materials are required as a P q minimum. ' .1 Trees ' Deciduous trees 1 1/2-inch to 1 3/4-inch in caliber, planted 20 feet on center; or equivalent number planted in clusters, locate-d an average of 5-feet from ' curb or 2-feet from the property line. ' .2 Evergreen trees 6 to 8-feet in height, planted 20-feet on center or equivalent number planted in clusters, located an average of 107feet from curb or 5-feet from the property line. .3 Shrubs ' 18-inches to 24-inches in. height, planted on a 4-feet center or equivalent nur.lber planted in clusters, an ' average of 3-feet from the property line or 3-feet from the curb. ' .4 Groundcover 24-inches on center covering all ground surfaces. C-48 1 1 .5 Grasses Grasses within the open space will be natural in 1 character. Native grasses used will be Fairway Crested Wheatgrass and Hard Fescue. 1 5.2.7.4 Planing and Irrigation Details and Specifications .1 All planting and irrigation details and specifications 1 should conform to all appropriate industry standards to assure acceptable quality of materials and adequacy of installa'ion and performance. 1 Also, for new site develc�pment, the percentage of landscaping required for parking areas shall conform to the City of Bozeman Zoning Ordinance. 1 Finally, all work under tais section is subject to review by the B.DRC. ' 5.2.8 Landscape Guidelines for the Open Space Zone .1 All planting zones bordering the Open Space Zone should 1 reflect the landscape character of that area. Similar plant species and design composition should be used to assure a proper transition between the Open ' Space Zone and Interior properties. A minimum 35-foot natural vegetative strip is required on each side of all creeks within the Plaza. 1 5.2.8.1 Plant Material Size -'Open Space Zone Landscape Easement 1 .1 Trees Deciduous trees should have a minimum 1 1 1/2-inch to 1 3/4-inch caliber, planted 15-feet on center for flowering trees; 20-feet on center for canopy trees in clusters reflecting natural growth 1 patterns. Evergreen trees should be a minimum of 6-feet ' in height, planted 20-feet on center maximum in clusters reflecting natural growth patterns. 1 C-49 1 1 .2 Shrubs Shrubs should be a minimum 10-inches to 24-inches in spread and planted 4-feet on center, ' in clusters reflecting natural growth patterns. .3 Ground Covers ' Ground covers should be spaced a minimum of 24-inches on center with the intent of fully ' covering the ground surf:ace in 3 years. (6-0 GN GUIDELINES ' 6.1 Ob'ectives: ' 1 To allow sufficient, though not excessive, business identification devices so that the name of each business locating in the Plaza is clearly and individually associated with the facilities it occupies,' when viewed by motorists passing by on fronting streets. i .2 To allow on each lot sufficient, though not excessive., ' informational, directional, product identification and traffic control signing for convenient and efficient operation. 3 To have all informational, vehicular control, and temporary signing be uniform in design, size, height, color, material, and topography. ' .4 To permit sufficient, though not e):.cessive temporary signing including identification of the future occupant, the design consultants, sales o=rheight, ents, and the building product to be offered. 1 To insure that signing and identification devices do not, because o location or design, contribute to a decrease in the safety and efficien }�etraffic flows on fronting streets. ' .6 To insure tenant and building signs are compatible and in scale ith thei surroundings and other signage within Billion Plaza in profile, in and lettering style. (Exceptions to lettering style may be changed to ' coordinate with manufacturer lettering style if approved by Declarant.) C-5 0 I 1 6.1.1.1 A singular monument sign near the intersection of U.S. 191 and Cottonwood will identify Billion Plaza and list individually the businesses contained therein. 6.1.1.2 Each auto sales site will .)e additionally allowed one manufacturers I.D. sign 'ocation unless otherwise ' accepted upon by the Bu:rer and the City. 6.1.2.1 Each lot will be allowed 1 directional sign at each ' access which will also include the name of the b ess sL �n. �teto �thepu�rpos6� e dir o I Q ' 6.2 GUIDELINES: ,Si-gn Submittals �/IiSti-( c�► L� ter- �E ���� «z'►ak � ' 1 � .1 An overall sign program including any (1) detached business ' identification signs, (2) building mounted business or building identification signs, (3) temporary signs, and (4) informational ind vehicular control signs shall be submitted as part of the construction document submittal, as ' described in Section 2.3, to the Billion Plaza Desig-la Review Committee. .2 No more than one detached business identification sign shall be permitted on each'street frontagelof a development parcel. r,'V►1'%A-E FT4�'CA-(-C -coTF,UwtSt>/, .3 All detached business identification signs shall be of such ' materials and design to be compatible with and complimentary to the on-site design concept as well as landscape and physical design features. ' .4 Illumination: Detached business identification signs may be illuminated by ' continuous and uniform internal illumination, backlighting, or ground lighting. No unprotected lamp providing sign il!'.umination shall be directly visible when viewed at any angle from a distance of twenty feet or more. No ' sign illumination shall cast a glare which will be visible from street or access drive. ' 6.3 Building Mounted Identification Signs: C-51 1 . .1 Building mounted business or building identification signs shall ' be limited to the display of the building name or the name and/or symbol of the business occupying the site. .2 No more than one building mounted sign shall be permitted for each street frontage of a development parcel. TAIS DOES NOT INCLUDE DIRECTIONAL OR VEHICULAR CONTROL SIG1,,:fS. .3 Business of building identification signs may be mounted to any vertical surface or a building or building association wall provided such signs appear as an integral part of the overall architectural and site design concept. .4 The sign area of building mounted business or building identification signs may not exceed the lesser of 80 square feet or the maximum building mounted sign area permitted by the local governing authority. The building mounted sign area is defined by the Bozeman ' Zoning Code. .5 Building mounted business or building signs shall not extend a height above the ground floor which is the lesser.of 32-feet or the maximum height permitted by the'local governing authority. .6 Building mounted business or building identification signs may be illuminated by internal illumination or backlighting provided that the color and the intensity of such lighting appears as an integral part of the overall architectural and site design concept. No sign illumination shall cast a glare which will be visible from any street or access drive. ' 6.4 Informational and Vehicular Control Signs: .1 All informational and vehicular control signs shall be of ' uniform design using Mathews Architectural Divisions' Post and Panel Assembly 1 system or a sign system of equal design which is specifically approved in writing by. the Declarant. Both posts and panels shall have a durable finish. Red and yellow may be used for stop and yield signs respectively. .2 No informational or vehicular contr )l signs shall have a panel face which exceeds 5 square feetlin area per side. 4-� '? ' .3 No informational or vehicular control sign shall exceed a height of 8-feet above the underlying grade. 1 C-5 2 I ' 4 No informational or vehicular control sign shall be located so as to reduce the safe flow of vehicles or pedestrians. ' 6.5 Temporary Signs: 1 Only one temporary development sign plus one financing sign ' shall be permitted per development parcel. No additional individual signs shall be permitted. The Declarant or its representatives have the right to remove unpermitted signs and charge the individual tenant or property ' owner the cost of such removal. .2 Temporary development signs shall be of a uniform size, area, ' height, color, and design and shall, at a minimum, identify the Plaza and the business or company developing the parcel. The remaining sign area shall be limited to identification of the following and no other information: ' .1 - A concise identification of the nature of the development .2 The projected date of completion .3 The construction lender .4 The real estate brokerage firm .5 The general contractor ' .6 The architect .7 The structural engineer .8 The civil engineer ' .9 The mechanical engineer .10 The electrical engineer ' .11 The landscape architect .3 No temporary development sign shall be located so as to reduce ' the safe flow of vehicles and pedestrians. .4 All temporary development signs shall be removed at ' occupancy. 7.0 LIGHTING GUIDELINES ' 7.1 ObJectives: ' 1 To have on-site lighting contribute to the safe and efficient use of'a development site. C-5 3 f .2 To have on-site lighting contribute to site security. ' .3 To have on-site lighting compliment and reinforce the P , architecture and site design character. 1 .4 To have on-site parking lot lighting fixtures and illumination levels to be consistent throughout the Plaza. ' .5 To prevent on-site lighting from casting glare onto adjacent lots. ' .6 To prevent on-site lighting from casting glare onto adjacent streets. ' .7 To encourage lighting design that is in conformance with energy savings guidelines of the Montana Energy Code. ' .8 All lighting and glare control must rneet Bozeman Zoning Code requirements. ' 7.2 Guidelines: 1 All lighting potentially visible from an adjacent street except ' bollard lighting less than 42-inches'high, shall be indirect or shall incorporate �tAO � a full cut off shield type fixture. ' .2 Parking areas, access drives, an�' a internal vehicular circulation areas. All parking lot lighting fig rtG es shall be a fixture of 'shoe box' _�eslesign mounted at a heir compatible with fixture design and . matching in character the �ixtur . used on the initial. site, Billion Chrysler V" v� da—Both—the fi�tt�r n pole are to have a durable finish. The light ; pE ' source shall be metal halide. The parking lot illumination level shall achieve a uniformity ratio of 6 to 1-footcandle and a ;minimum .3-footcandle, to average 1-footcandle. ' 3 Service area lighting shall be contained within the service yard boundaries and enclosure walls. No light spillov:�r should occur outside the service area. The light source should not be visible from the street. 4 Building illumination and architectural lighting shall be indirect ' in character (no visible light source). Indirect wall lighting or 'wall washing', overhead down lighting, or interior illumination which spills outside is encouraged. Architectural lighting should articulate and animate the C-5 4 1 1 particular building design as well as provide the required functional lighting ' for safety and clarity of pedestrian movement. .5 Pedestrian walk and area lighting is segmented into two zones. .1 The first zone is pedestrian area lighting. This is for outdoor pedestrian use areas such as courtyards, entry ' ways, etc. Pedestrian lighting should achieve a uniformity ratio of 3.5 to 1 average to minimum, with an average illumination of .60 footcandles and a minimum ' of .18 footcandles. .2 . The second zone is pedestrian -Nalk lighting where point ' to point lighting is acceptable with no specific illumination levels required. The main .emphasis in this . zone should be to clearly identify the pedestrian walkway ' and direction of travel. 1 1 1 C-5 5 • D REVIEW AND APPROVAL PROCESS • i DESIGN REVIEW COMMITTEE BILLION PLAZA BOZEMAN, MONTANA ' GENERAL PLAN REVIEW DATA 1 1. Legal Description: 2. Building Type: 3. Building Size: 4. Lot Coverage (Footprint): 5. Landscaping Coverage: 6. Occupancy Classification: 7. Parking Requirements: 8. Building Setbacks: ' Front: ' Side: Rear: 9. Building Height: 10. Type of Construction: 1 DESIGN REVIEW COMMITTEE BILLION PLAZA ' BOZEMAN, MONTANA PLAN REVIEW GUIDELINES DATE ' DATE DATE NOT SUBMITTED APPROVED APPROVED ' SECTION 1.0 BILLION PLAZA 1.7 PERMITTED AND PROHIBITED USES 1.7.2 Guidelines ' .1 Prohibited Uses SECTION 2.0 APPROVALS AND SUBMITTALS ' 2.1 PLAN REVIEW PROCESS 2.1.1 Review Fee _ ' 2.1.2 . Approved ' 2.1.3 Approved Subject to Conditions _ 2.1.4 Not Approved ' 2.2 SCHEMATIC DESIGN SUBMITTAL 2.3 PRELIMINARY DESIGN SUBMITTAL _ ' 2.4 CONSTRUCTION DOCUMENT SUBMITTAL ' 2.5 REVISION/ADDITION/CHANGES 2.6 REVISION/ALTERATION/CHANGES ' OF USE • DATE ' DATE DATE NOT SUBMITTED APPROVED APPROVED SECTION 3.0 SITE PLANNING GUIDELINES ' 3.1 BUILDING SITE COVERAGE 3.1.2 Guidelines ' .1 Site Coverage .2 Floor/Area Ratio ' 3 Grading _ 3.2. LANDSCAPE COVERAGE 3.2.2 Guidelines ' .1 Coverage 3.3 BUILDING HEIGHTS ' 3.3.2 Guidelines .1 Building. Heights 3.4 STREET SETBACK _ ' 3.4.2 Guidelines .1 Building Setbacks ' .2 Street Setback Landscaping .3 Building Setback Landscaping .4 Landscaping Height Restriction ' 3.5 INTERIOR PROPERTY LINE SETBACK 3.5.2 Guidelines _ .1 Site Property Setback .2 Side Property Setback ' 3.6 CREEK GREEN BELT SETBACK ' 3.6.2 Guidelines .1 Greenbelt Easement Setback .2 Greenbelt Screening i • � 1 ii DATE ' DATE DATE NOT SUBMITTED APPROVED APPROVED 3.7 PARKING REQUIREMENTS _ 1 3.7.2 Guidelines .1 Parking Requirements — .2 Joint Parking .3 Parking Dimensions 1 .4 Handicapped Parking .5 Cycle Parking 3.8 ACCESS AND DRIVE LOCATIONS 3.8.2 Guidelines .1 Curb Cuts ' .2 Traffic Flow .3 Vehicle Stacking .4 Street-Side Landscaping 1 3.9 SIDEWALKS 3.9.2 Guidelines .1 Sidewalk Installation .2 Pedestrian Circulation 1 .3 Pedestrian Linkages 3.10 STORAGE, SERVICE & LOADING 1 AREAS 3.10.2 Guidelines _ ' .1 Outside Storage .1 Incidental Storage ' .2 Storage Percentage .3 Storage Screening .4 Storage Location 1 .2 Vehicle Loading Area .3 Loading Dock Location 1 1 DATE ' DATE DATE NOT SU13MMED APPROVED APPROVED 3.11 REFUSE COLLECTION AREAS ' 3.11.2 Guidelines .1 Refuse Screening .2 Refuse Size .3 Refuse Design .4 Refuse Location ' .5 Refuse Location _ 3.12 SCREENING OF EXTERIOR ' MECHANICAL EQUIPMENT 3.12.2 Guidelines ' 3.13 SCREENING OF EXTERIOR ELECTRICAL EQUIPMENT & TRANSFORMERS 3.13.2 Guidelines ' 3.14 FENCES AND WALLS 3.14.2 Guidelines .1 Fence Location .2 Fence Height .3 Fences Fronting Streets _ ' .4 Fences on Greenbelt .5 Fence Design .6 Chain Link 3.15 UTILITIES AND COMMUNICATIONS DEVICES ' 3.15.1 General 3.16 GRADING ' 3.16.2 Guidelines — — .1 Surface Area of Lake ' .2 Storage Volume of Lake .3 Storage Volume Parking I DATE DATE DATE NOT SUBN=ED APPROVED APPROVED 3.17 NUISANCES 3.17.2 Guidelines ' .1 General _ SECTION 4.0 ARCHITECTURAL GUIDELINES I 4.2 Guidelines .1 Integrated Design .2 Period Buildings _ .3 Pre-Engine'ered Buildings .4 Design Considerations ' .5 Design..Features _ SECTION 5.0 LANDSCAPE GUIDELINES 5.2 Guidelines 5.2.1 MAINTENANCE AGREEMENT ' .1 N/A .2 Boulevard Landscape ` ' Easement .3 Irrigation Installation .4 N/A 5.2.2 MAINTENANCE OF UNAPPROVED SITES 5.2.3 LANDSCAPE COVERAGE 5.2.4 STREET FRONTAGE ZONES ' 4.1 Definition of Street Frontage Zone ' 4.2 Specific Design Limitation — Within The Street .1 Grading .2 Service Areas .3 Parking .4 Screening Shrubs 1 1 DATE ' DATE DATE NOT SUBMITTED APPROVED APPROVED 5.2.5 PARKING LOT LANDSCAPE ' REQUIREMENTS .1 Perimeter Parking Area .2 Open Parking Areas 5.2.5.1 TREE PLANTING ' 5.2.5.2 PARKING AND PEDESTRIAN CIRCULATION .1 Pedestrian Circulation .2 Walkways .3 Aisle Location ' 5.2.5.3 PARKING LOT PLANT MATERIAL LIST ' 5.2.6 VEHICULAR ACCESS DRIVE DESIGN GUIDELINES ' 5.2.6.1 Location Criteria _ .1 Location .2 City Standards ' 3 Disrupted Berms _ 5.2.6.2 Limited Use Area at Primary. ' and Secondary Drive .1 Primary Drive ' .2 Height Restrictions 5.2.7 INTERIOR PROPERTY LINES AND LANDSCAPE AREAS .1 Side and Rear Yard Requirements _ ' .2 Site Drainage .3 Plant Material Sizes - Interior Property Lines .4 Planting and Irrigation ' Details and Specifications _ 1 'i DATE ' DATE DATE NOT 5.2.8 LANDSCAPE GUIDELINES FOR SUBMITTED APPROVED APPROVED CREEK GREENBELT ' .1 Creek Greenbelt Border. SECTION 6.0 SIGN GUIDELINES 6.2 DETACHED BUILDING SIGNAGE 1 Submittal .2 Sign Quantity .3 Detached Sign Size 1 .4 Detached Sign Height .5 Detached Sign Material .6 Detached Sign 1 Illumination .7 Detached Sign Location 6.3 BUILDING MOUNTED SIGNAGE ' 1 .1 Sign Display .2 Signage Location 1 .3 Building Mounted Location and Type .4 Building Mounted Size' .5 Building Mounted Height 1 .6 Building Mounted Illumination 1 6.4 INFORMATION AND VEHICULAR CONTROL SIGNS 1 Sign Type .2 Sign Size .3 Sign Restrictions of Information 1 .4 Sign Height .5 Sign Location .6 Sign Illumination 1 6.5 TEMPORARY SIGNS — 6.5.1 General — 1 ' 1 Application No. APPL_=GAT20N FC3R 82TE PLAN REV=EW t City-County Planning Office 35 N. Bozeman Avenue Box' 640 BOZEMAN, MONTANA 59715 (406) 586-3321 , ext. 227 Date 19s ' The undersigned hereby makes application for a Major . Minor Amended Site Plan Conditional Use Permit pursuant to the requirements of Section 18.52 and/or Section 18.53 of the City of Bozeman Zoning Ordinance. ' 1. Name of project/development 2. Address of Subject Property t3. Legal Description ' 4. Name and Address of Developer Tel 5. Name and Address of Property Owner t Tel 6. Name and Address of Engineer/Architect/Planner 7. Current Zoning Land Area sqft. acres 8. Project/Development to consist of: This application must be accompanied by appropriate fee and fifteen (15) copies ' of a site plan drawn to scale on paper not larger 'than 24"x36" and- including all information listed on attached sheet (Submittal Information) and specified in Section ,18.52.030 of the Zoning Ordinance. APPLICATION IS NOT COMPLETE WITHOUT 'APPROPRIATE SIGNATURES, APPLICANT CERTIFICATE:-- ' I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Applicant's Signature PROPERTY' OWNERS CERTIFICATE: As, owner of record of the above-described property, I hereby certify that I do not oppose the' submittal-of.: this: application, ;-and would not object to the proposed use of said property as described herein. Property Owner Signature • • � 1 1 1 1 1 1 1 1 1 1 � i 1 1 1 1 1 1 1 _ _ _ 1 1 1 1 1 • • 1 SITE PLAN SUBMITTAL REQUIREMENTS The required data to be shown on all major and minor site plans shall include, but is not limited to, the following: 1 A. General Information ' 1 . name of project/development; 2. location of project/development by street address; 3. location map, including area within one-half mile of site; 4. name and mailing address of developer and owner; 1 5. name and mailing address of engineer/architect, landscape architect, and/or planner.; 6. date of plan preparation and changes; ' 7, north point indicator; 8. suggested scale of 1" to 20' , but not less than 1" to 100' ; 9. list of names and addresses of property owners within two hundred (200) ' feet of site, using last declared County real estate tax records; 10. stamped, unsealed envelopes addressed with names of above property owners, and 11 . zoning classification within two hundred (200) feet. B. Site Plan Information ' 1 . boundary line of property with dimensions; 2. location, identification and dimension of the following existing and proposed data, to a distance of 100 feet outside site plan boundary ' unless otherwise stated: a. topographic contours at a minimum interval of two feet, or as determined by the Planning. Director b. 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 ' C. on-site streets and rights-of-way d. ingress and egress points e. traffic flow on-site ' f. traffic flow off-site g. utilities and utility rights-of-way or easements: (1 ) electric (2) natural gas 1 (3) telephone, cable TV (4) water (5) sewer (sanitary, treated effluent and storm) ' h. buildings and structures i . parking facilities, including bicycle racks j. water bodies, and wetlands. k. surface water holding ponds, streams and irrigation ditches ' 1 . grading and drainage plan M. significant rock outcroppings n. sidewalks, walkways, driveways, loading areas and docks, ' bikeways o. provision for handicapped accessibility, including but not limited to wheel chair ramps, parking spaces, hand rails, and ' curb cuts p. fences and walls q. exterior signs r. exterior refuse collection areas ' S. exterior lighting t. landscaping (detailed plan showing plantings, equipment, and other appropriate information subject to Section 10.50. 100) �.rd o.(:mo:. -&-m n Of `e j tat lcn to to ..:ed (2) size of plantings at time of. planting and at maturity ' O areas to be irrigated 3. number of employee and non-employee parking spaces, existing and ' proposed, and total square footage of each. 4. site statistics including site square footage, non-residential building ' square footage, percent of site coverage (building and parking), net dwelling unit density, percent park or open space. (over) • • � 1 1 1 1 1 1 1 1 II Ili 1 1 1 1 1 1 1 - _ _ _ _ _ � I II 1 1 1 5. a reproducible copy of the .site plan with appropriate signatures shall t be submitted upon approval . C. Building Information- (On-Site) ' 1. Building elevations of all exterior walls of the building(s) or structure(s). t2. Materials to be used. The applicant is encouraged to consider the effect of color in creating a design character that is appropriate for and compatible with the area. 3. Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located ' in a floodway or floodplain area. D. Permits 1 1. A listing of all required and applicable permits and status of applications. t 1 i • I 1 1 1 i "EXHIB. B" ESTIMATED COST FOR IMPROVEMENTS --------------------- ---------------------------------------------------------------------------- DATE: PROJECT: DEVELOPER: ------------------------------------------------------------------------------------------------- Item- Sq .Ft . /Ln . Ft . Contractor Est , Cost • Paving: :.sphalt r Concrete Sidewalks : Curbing: Landscape: Landscape Protection : Garbage Enclosure: Exterior Lighting: • Water Improvements : Sewer Improvements : Street Improvements : Approved By City Engineering Office: Date: ' IMPROVEMENTS AGREEMENT FOR i This AGREEMENT is made and entered into this day of , 1905, by and between here- inafter called the "Developer" , and the City of Bozeman, -a municipal corporation of the State of Montana, hereinafter called the "City". WHEREAS , it is the intent and purposes of the Developer to ' meet the conditions of approval for the Conditional Use Permit allowing a on the property in question as approved by the Bozeman City Commission on ' WHEREAS, it is the intent and purposes of the Developer to obtain Final Site Plan Approval; ' WHEREAS, it is. the intent and purposes of both the Developer and the City to : hereby enter into an Agreement which will ' guarantee the full and satisfactory completion of the required ' improvements on the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Conditional Use Permit; ' NOW, THEREFORE, in consideration of the mutual covenants and ' conditions contained herein, it is hereby agreed as follows : 1 . Property Description ' This Agreement pertains to, and includes, those properties which are designated and identified as ' - to the City of Bozeman, Montana. ' 2. Improvements This Agreement specifically includes the installation of paved parking areas and driveway, and other improvements as ' illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "A". The estimated cost of said improvements is attached and made a part of this Agreement, .as Exhibit "B". 3 . Financial Guarantee, Time for Completion of Improvements If occupancy of any structure is to occur prior to installa- tion of the im rovements it must be secured b a financial ua- P • Y g ' rantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the ' estimated cost of the installation of any required improvements not completed at that time. ' .. In any event, all required improvements on the site as deli- neated on Exhibit "A" , which is attached and made a part of this Agreement, shall be completed, within eighteen (18) months of ' written approval of the Final Site Plan by the Local Governing body, or their designated representative. 1 4 . Inspection ' Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it ' and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and 'its repre- sentatives to enter upon and inspect the property a t any reasonable ' time. 1 • ' 5. Default Time is of the essence of this Agreement . If the Developer ' shall default . in or fail to fully perform any of its obliga.tions in conformance with the time schedule under this Agreement, and such default or failure shall continue for a .period of five (5) days ' after written notice specifying the default is deposited in the United States mails addressed to the Developer at or such other address as the Developer shall provide to the City from time to time, with- out being completely remedied , satisfied , and discharged , the ' City may elect to enforce any of the following specified remedies: A. The City may, at its option, declare the financial guarantee to be forfeited and .secure the complete construction and inspection of the improvements ' described herein. (1) The City 's representative, contractors, and engineers shall have the right to enter upon 1 the property and perform such work and inspec- tion, and the Developer shall permit. and tsecure any additional permission required to enable them to do so ' B. The Citymay enforce an other remedy provided by law. Y Y Y 6. Warranty The Developer shall warrant against defects in these improve ments for a period of one year .from the date of their written acceptance by the governing Body. ' 7 . Governing Law This Agreement shall be construed according to the laws of ' the State of Montana . 8. Modifications or Alternations 1 No modification or amendment of this Agreement shall be valid, ' unless evidenced by a writing signed by the parties .hereto. 9. Invalid Provision ' The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this ' -Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10 . No Assignment _ ' It is expressly agreed that the Developer shall not assign this Agreement in whole , or in part, without prior written consent to City. ' 11 . Successors Except as provided in paragraph 10, this Agreement shall be ' binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. Notary Public for the State of. Montana ' Residing : Commission expires : ' THE CITY OF BOZEMAN 1 Director of Public Service Notary Public for the State ' of Montana . Residing : Commission expires : 1 1 DESIGN SKETCH BOOK 'l�+J�iS ,•t '�r !�'' + f_< i�br PRp Y` r i,�r,lf liJilrr�n tiknVf`�J,ly4•�fEyFy�til��i���{', i��Jlpfia ��� iJ ; i t !) � rr9•f`1., R,V Si;l'f a{�!:i{p"„' lli , t":;� • • � � � 1 1 1 � 1 1 1 1 1 1 1 1 1 1 � I r ` + I<• I t 1 "I J�.(v�n�•l 91 �. i i e g ¢ � }JL S�j''f 1!(•i f , f Y tip .. '. lAI 1°trY 1 I17� t11,11ttyn�� tf t'AA,���1'/a�° � ' +y ft fit.i• '�.7+ �',,�i I ,�'•'''I .t9\"1{�1�,�^r, r• �1'�d"��.�+\"r� Ir'•'r•• I {+I ,'1. 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''. i � '!•R•' _ r,�t;•"I)E/Illliltl-+•la::(.`).^ CtYt �1µra'�.1.1;'L4YI.�I'.i.ut' n�V.::�,, )y1l `l'• ♦ .'c '� .. ..r�! .ti.nttt'�tK'..��r..a�w.l�,. •••�: �C• h '� .. '� u+ rrrpy��4i'fi+t�N�l"..�$�S"' r.,,.7'N[ Wir,''�v ' la^ �'I It;!^A"'it �M .. �, I u• ` aS7� 1 �',lc, um—al Frr nor„ c+tinl{�{ ,j i r I� ;G 1 A+ ' .nj�1440R,4 J'at ', pt, '�1!y!�,y�ili�' ,,�y".-w w�'� Oh• �I'�.ev., twkf(.�•: '.et j° �oi� r li,'S ,�'.M4�,Yi .Y r I( /�t�`yv'.. ,•. .,t:. rpD '�t.�M�}� ���"'�f�p'°r F�'�7 � ,`rl� ��,;�� t• ,.., ,., �y)i ItS'p k a 1, .I , , , t ,.(i,nr���t, a 1 :t°� {� �rf:i.' rt;eroN- Lc'•Y4�`;"1,i��,�M+.s+}��+�, !. ��t►( .� '' �1.1..Z.:-r;'..,.w�'r ';�,.�,1�•'.l, ;��,{L'�.�$IrVt,�',�t3i:"•'�,Ja{,�°1E�YIi1": �a_ !.°�..�, Y.'r•J'^�� L rr'• Gaston. n1fteerinor Surveying t January 10 , .1991 W.O. # ' 90-518 ' GEOTECHNICAL INVESTIGATION REPORT ' J.C. Billion / Auto Plaza Building Bozeman , Montana ' A. 1 . INTRODUCTION Authorization was receive d from Joe Billion to ' perform a foundation investigation of the. proposed building to be built by John Miller , located west of Bozeman , MT . ' A. 2. SCOPE The. scope of services included logging and sampling materials from 3 testholes which were drilled to a depth of 10 ' or drilling refusal . Standard ' Penetration Tests were conducted on 3 holes at 48" and 72" depth. The samples were returned to our labora- tory for analysis of soils classification and soils bearing . This engineering report was then prepared . . ' A. 3 . BORING LOCATIONS Boring locations were previously selected by Gerald Gaston and in such a manner as to investi- gate the general condition of the subsurface materials of the proposed building . Identification of building corners has been provided ' by Gaston Engineering & Surveying . A. 4. FIELD TESTING AND SAMPLING Drilling and penetration tests ' were conducted on Jan . 7, 1991 , with a CME truck mounted auger drill . Sampling for the borings was conducted in accordance with ASTM D1586, "Penetration ' Test & Split-Barrel Sampling of Soils " . Using this method, we advanced the bore hole with solid-stem auger to the desired depth. refusal . ' A 140-pound hammer falling 30 inches drove a standard , 2-inch OD , split-barrel sampler a total penetration of l"' feet below the tip of the hollow-stem auger.. The ' blows for the last foot of penetration were recorded and are an index of soil strength characteristics . 1 I s 1.1 l t i n `, E n i i s e e r s 4c L a ii d S U r v e o r s \ ?ih :'.r.. !wowm. NI 1' rt` 1401,1 i.Np.;t;SS 1i!vrr !t.", t,',r.;,r. 'X. Grmiw. i31,11r. .MT 5-rill 14001 "'?•`Ji,: :.Geotechnica1 Report.. W.O 0.7518 <9J.N Vtv ' January 10, 1991 All of the borings encountered dense poorly graded ' gravel's . When the sampler could not be driven ' 6 inches with 50 blows of. the. hammer ,' the distance the sampler was advanced with 50 blows was recorded. When ' this situation occurred during the first 6 inches of the drive, it was rioted as occurring within the "set " . A. S . SOIL CLASSIFICATION Soils encountered in the borings were ' visually and manually classified in the field by the soils technician in accordance with ASTM D2487, "Unified Soils Classification System" , and ASTM'' D2488,"Recommended Practice for Visual and Manual Description of Soils " . A summary of ASTM D2487 is attached . All samples were then returned to the ' laboratory for a review of the field classifications by a geotechnical engineer . Representative samples will remain in our -Bozeman office for a period of 60 ' days to be available for your examination . A. 7 . GROUNDWATER Groundwater has been accurately measured on this entire site, and a summary of the groundwater at this ' specific location is graphically displayed in a graph included in this report . B. RESULTS ' B . 1 . LOGS Log of boring sheets indicate the depths and indenti- fications of the various materials strata, penetra- tion resistances and laboratory test data. It should be noted that the depths shown as boundaries between the strata are only approximate . The actual changes may be transitions and the depths of the changes are likely to vary horizontally. B . 2. SITE CONDITIONS The proposed building is located west of ' Bozeman on the north side of Highway 191 at the north= west intersection of U.S . Highway 191 & Cottonwood Rd. The site is an agricultural area which has been ' formed by alluvial deposits . B . 3. MATERIAL ENCOUNTERED This site has been stripped of most of ' the original topsoil , leaving a tan stilty sand material . This silty sand overlays a deep (over 300 ' ) strata of gravel which has been transported by allu- vial deposits . These strata are described in more ' detail below. 1 ' Geotechnical Reot • W. O. # 90-518 ' January 10, 1991 . ' B . 3.a Topsoil Classification of this material indicates a slightly plastic sand silt mixture. There is evidence of CaCO3 near the bottom of this strata overlying the gravel . B . 3 .b. Gravel This material has been classified and specifically tested for soils bearing properties . According to the Unified Classification System, test results indicate this material as a (GP ) clean , poorly graded gravel, gravel sand mixture with little fines . Penetration Resistance Values range from 50 blows within 3" of set , to 37 blows per foot (bpf ) . ' B . 3 .b. ( 1 ) Summary of Laboratory Tests & Analysis Soil Classification (GP ) Maximum Density 134 lb/ft3 Optimum Moisture 9% Relative Density 72% In-Place Density 96 lb/ft3 In-Place Density 4% Uniformity Coeffient (Cu) 2. 7 ' Coefficient of Curvature (Cc) 9. 8 C. SUMMARY C. 1 . AVAILABLE INFORMATION Frank Cikan , architect for this pro- ject has requested the soil bearing capacity of the ' material encountered at 4 ft depth or footing subbase . We ha.ve been told that this information will be used by his structural engineer .to design building ' foundations C. 2. SOILS CLASSIFICATION The soils classifications have been ' listed previously in this report. and will be listed on the soils logs . C. 3 . SOILS BEARINGS Analysis of the gravel material classified as ' (GP ) , poorly graded gravel , has confirmed the allowable foundation pressure stated in the Uniform : Building Code. This allowable bearing pressure is ' 2 , 000 psf based on footings having a minimum width of 12 inches and a minimum depth of 12 inches into natural grade. An increase of 20% is allowed for each additional foot of width and/or depth to a maximum ' value of three times the designated value of 2, 000 psf Geotechnical Re at W.O . #90-518 • ' January 10, 1991 ' ie: 6 000Psf. Special attention to groundwater depth h should be considered during foundation design. Also, ' compaction of footing subgrade is recommended to be at least 95% of Maximum Dry Density as determined by ASTM D698. We recommend the footing sub.grade elevation to be at a minimum of 48" below the finished floor eleva- tion of 4, 836 in the serrvice area and 4, 837 in the office and show room as provided by the architect ' s drawings . D. GENERAL REMARKS D .l . BASIS OF RECOMMENDATIONS The anaylsis and recommendations submitted in this report are based upon 3 soil borings performed at the locations indicated on the attached sketch. Variations likely occur between these borings , the nature .and extent of which may not become ' evident until construction . If variations are encoun- tered, it may be necessary to make a re-evaluation of the recommendations of this report after performing ' on-site observations during the construction and noting the characteristics of any variations . ' I would like to thank you for your business and if you have any questions feel free to call our office .' ' ;Grald rely, o M. Ga to P.E. ' GG/zdb 1 r Ua.ston En_neenng & Surveying ' TEST HOLE LOG ' PROJECr Billion Chrysler Mazda os 9Q,-518 cola ► 1 STATE MT COURTY Gallatin LOCArION:. T 2 SEC TRACT SITE OESCZIPrroN North Side Building EL:YANOK G.S. 34 .0.7 OArE 117-,9-1 ' RECOROEO dY B• Miller ORILL YETH00 CME A-Llgz_ ORILLER R Mi.11e.r TOTAL E?rH 10 CASI.sG TYPE ;NO OESCR(PrION aaca.^ Lavels JE?iH cic S.::i?LE )r: l'linq .IuiG UESC•�I?rf0a y CLASS IFtcArION ;rillinq .lace ' of ID SPT °galI Zonola!ion Strat 0 - 0" 34 . 0.7 Dark. brown silt (-topsoill I- 6 Tan silty sand 15" Sandy silty gravel 18 ' 32 . 5 S-12-. @ 18 (.dirty). 6/13/ 4 (_GP)_. Clean poorly, 2 - 37 BP graded gravels , grave sand mixtures with little fines e 4 ..�. 16/5 0. 4,• 5 I 1 ' 1 5 �"' S-13 I i i 6 6 8" ' 2/24/ 6. 0. 13P P 7 I I 8 �' Groundwate.x ' @ 8 I T ' p 120. Bottom of hole I 1 Gaston Engineering&: nrveyingqr _ 1 TEST HOLE LOG ' Billion Chr sler Mazda 2 PRa.lEcr Y :oe � 90.--518 �+oL: � STATE MT COUNTY Gallatin LOCAT(0N: T . SEC TRACT ' SITE OESCRIPT(ON North Side Building _L_VATlon G. s. 35 . 5 PATE SECOROEO 3Y B. Miller GRILL .MET40O CT-E A-uger OR(LLEA R .Nlille.r TOTAL JEPTN 10i CASI.vG TYPE ANO OE3C.2IPT!Oil 1 :IJCaS aacer Levels JE?Tit _L: S:Mpl-: 0r: 11inq 'luia OESC:(?TIOrt S CLASS(rICAT[ON •;ri l l inq .faze of ID SPT 'gall Conoletion Strat p — 0" 35 . 5 Tan silty sand 1 .. ,. ' = 20," 33 . 8 22/36 50 (GP) Poorly graded 2 86 BP gravels , gravel sand i mixture with little 1 fines I .3 4 S-21 @ 42" 21/34 29 1 ! 63 BP 5 i I I 7 ..• I I 1 81 I I I 1 _I J I Q "I" 12 0. P i Cra��ton Engineering & Surveying TEST HOLE LOG ' PROJECT Billion Chrysler Mazda .0e 90.-•518 ROLE 1 3 STATE MT COUNTY Gallatin LOCAr(an: T Z SEC TaACT ' S(TE OESCREPT(on North Side Building EL EYANOM G.S. • 36.. 41 GATE 117-.9.7 aECOROEO 3Y B. Miller OR(LL .METNOO CME Atigg,r_ OR(LLE2 B 'Mi.11e.- TOTAL 3E?TN 1 0 CAS(9G TYPE Am OESCIEPN On :oc2s .n: aacer Levels OE?rii ELc SAMP�T ]r: llinq luio uESC:[?r(On ; CLASS(F(CAN On ' 'r I1inq ?a;: of ID SPT 'a211 :uaol2cian Strat ' 0 0" 36 . 4 + Tan s;il.ty. sand I I 1 20." 34 . 7 @ 20: (-GP.)_ poorly,• g;r•aded 2 ;' S0. 3' gravels , gravel sand INSET •mixtures with littl Ernes i 3 1 4 @ 42"• ' 9./50. 4" I 5 1 � I I 6 I I 7 I 8 .� I I I I I 12 0.11. 1 • i ' • GASTON ENGINEERING & SUR*ING ' Consulting Engineers & Land Surveyors SIEVE ANALYSIS OF FINE AND COARSE AGGREGATES ' Project: Billion Chrsyler Mazda .90-518 J Project No.: Location; TH # 2 Date: 1-9-91 ' Tested By: B. Miller Total Weight: 27. 32 Test No.: S-21 ' SIEVE TOTAL WT. PERCENT PERCENT JOB SIZE [N. RETAINED RETAINED PASSING SPECIFICATIONS 2" 11/2 1 .4 . 1 15 85 ' 3/4 6 . 59 24 76 1/2 11. 13 41 59 ' 3/8 13 . 90 5.1 49 No. 4 18 . 40 67 32 . 65 -No. 4 8 . 92 33 TOTAL 27 . 32 ' 3/8 No. 4 ' No. 8 No. 10 115 .6 25 No. 16 No. 20 197 . 6 19 . No. 30 ' No. 40 276.. 3 14 No. 50 No. 80 . .349 . 5 9 No. 100 No. 200 384 . 0 6 . 7 -No. 200 387 . 4 ' TOTAL Dry Wt. Before Wash: 4.83 . 7 ' Dry Wt. After Wash: 388 . 8 Wt Wash Thru 200: 94 . 9 Wt Sieved Thru 200: 3. 4 ' 98 . 3 Total Wt. Passing 200: Gaston Engmeenng & Survel&g Proj. No._.90-518 MOISTURE CONTENT RELATIONSHIP PROJECT: Billion Chrysler Mazda DATE: 1-10-91 ' LOCATION SAMPLED: TH #2 METHOD: _ MATERIAL TYPE: (.GP) CU. FT. MOLD: TESTED BY: i1 er TEST NO: S-21 ' SHEET: 1 ' MOISTURE CONTENT, ' WT. WET SOIL, gms 147 .9 WZ. DRY SOIL, gms 14 2 . 9 ' WT. WATER, gms 5 .0 _ MOISTURE CONTENT, % 3 . 5 ` 1 Gaston Engineering & Surveog J 518 Proj. No. 90- ' MOISTURE DENSITY RELATIONSHIP (ASTM D693) PROJECT: J.C. Billion - Building Foundation DATE: 1-9-91 LOCATION SAMPLED: TH #2 METHOD: AASHTO T9 9 "D" MATERIAL TYPE: GP CU. FT. MOLD: 13 . 3 3 TESTED BY: B. Miller TEST NO: S-21 SHEET: 1 TEST DATA ' WATER ADDED, ML 55 110 110 WT. MOLD & SAMPLE, lbs. 25 . 43 26 . 08 26 . 29 WT. MOLD, lbs. 15 . 30 15 . 30 15 . 30 CU. FT. OF MOLD. 13 . 33 13 . 33 13 . 33 WET DENSITY, PCF 1 135 . 03 1 143 . 70 1 146 . 50 MOISTURE CONTENT, WT. WET SOIL, gms 147 . 7 226 . 8 254 . 9 WT. DRY SOIL, gms 139- 0. 209 . 4 231. 7 ' WT. WATER, gms 8 . 7 17 . 4 23 . 17 MOISTURE CONTENT, % 6.. 3 1 8 . 3 10 .0 DRY DENSITY, PCF ' DRY DENSITY, lbs/cu. ft. 127 . G 132 .7 133 . 2 SATE MAP ' :, . X TEST N'aLE ' LoCA-TION' 1 ;: ' 1 ti.t y,4 rP`.r i Y�tjtJ r*,e;i111W '"'l� •~ ��. i•' .`"�'�.�>.���F�S.c .y/3 .1 {%. ` r _6- Q` r TH )w X36 .. •�' .f�Y�Z���n�(:�}t'T ).<.ii`-�..•��:Y���) •ice•+ _�,�. .v' ". f / Y •' ' :� •fir • -ems: _ �_' _ - A��. . i DEOH TO . GROUNDWATER CD 1 1 I i I r j I � I Ins + 1II s ' 1rtj t2 `r. ct!"-';.jht:!nl4rf,+!F! 'eegive t,-.r ' 'I Designation O 2487—89 J u1M Standard Test Method for ' CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES mil cussufuna, PARTICLE SIZE IDENTIFICATION OMAI3 r(a ,SStf.•,na oar S,M[aLl Mo oar ealp Itw,ti{uS1,6 1.•3a,IQt Iu1S • Smoot coup n l( Boulders ........................... Over 12" [ Cobbles .:.......................... J'to 12 a.ltts uuM ants c,, 1 ,wo t t c< t l f a wn•gr.,fa q. ., t.,, l°.. - - Gravel i t,♦.,f I.Kllaw ,ware. I ,C , t • U < Coarse F —J 3/ • . I•l,In•a M ...... . .......... O _ p. 1 11.,f Q,Y(ts VIIM Ilw[: IIw.1 C1,1•If• ..1\ °. •„ S. SIf1, r,.•1 /•1.n Fine.............................. No.4 y- - Ibr• U.w 173 rlw.,1 /lw.t tl„111, ,1 Cl er CM cc cl,,.,qr 1 f.[.w ' Sand I,wat ...ttw Coarse ............ No. 4•—N 1 • .•o, I Lfa1 tw.w tl n..l a O. O ' I 'f'"f�Kllow I! t [ rnlo. ( ,<, ) 7 • V ,Oor1,q.d•• UM I Medium .......................... No. 10—No.40 s,naf•IIa rl.,[S a I n,_, <Iauf. ., a .. Sw I till... a q.n.l Fine............... ............ NO.40—NO. 2!b n......... tM I s: I cl.,•, ,...° q.w. Silt..................... ......... NO.200— I I ,f f ,w°°ell ew e. e°.. CL Lf. a.,1,f.. .005 mm .. ,1 I I Cray ...... ............. less than.005 mm All I Ino.q,n„ •,. ° , � I Lltl•r.e lu•t ( II , ,at1 Lle_ Iln• 1 I .� 5111 ••I•w RELATIVE DENSITY OF Lt'e°'a I n q a, 1q,n,< tl., 1. 1. a I COHESIONLESS SOILS I<•..a � •Tq,n l< 11.It •• I.� I ,1 ,loft nw er .o..•,• Ilw. I a r.t t,,, t.I.w very loose................... p S 6F- ' loose. .................. 5 — 10 SF: t I "• C I medium dense ............. . t1 —1 lleu,o Iln,t If 11.11,Ifn. '3- If- .M t„.... I.. I,I,w ................. �D Or- i I 513 a..M.• I dense ........................................ 31 — 50 aF: • 1: , I .very dense ....................................... —r0• o=—„ .o', . .1If � <e,o . .nil o,. ull °'""" °'I` I "'g'"" "°' CONSISTENCY OF COHESIVE SOILS ' ,. •a�n ..,,-.tfrl.l file lw; In-+1 • very soft ...................................... 2 1f SrF: 1. :1..I't ,ro.• :on.,. ta,a,t,,.nil l s,v l+•. •aa '-I to Clealft .oaf a. bet der l' :a gro•le n•w•, .. ... ............ ..... .. .l a1. <. n , :a Ira , 1 ' t,•°a'tt' sJll •<n ,.qp a ,Ill" ratner soi; medium ...................................... o— a a= 47•rw per to w,av �r .. .,<n♦ ,. 1 • Ii: ln<,"- r e,t ratner 5;iff..................................... 9 — 12 SF= ", stilt ......................................... t3 — 16 oFi 10.c a..lt, very still . 17 — 0 Sp hard ............................................ :A- SF- ° a . f. I, •ell tawt.,n, „3 t.ti. .°a •.1t>; 1 <r°b n DRILLING NOTES � q. .r nn.l<Lt,Irr u-w., •.,. a..l r°o c;�a;sc•w. t, rlwf, o•e.v.n,c. m° •.Iln erq.wu nil.,• to vovo w 1. II e,l (,nU lilt , I{t ;r,••1. ,0a .I In q.u•1' a`r Oae+" f, 1r ,l:fraf rq II.li1 °lot to n„<nea ,r•, o,l It , •L�'L, Illl,<1,,. i'•. I/ ,a,l con•„w, I{ to !9T q .ca.•.ee •.tin t. .Iln qr..•I- .olio•... I1 t.e°°wlww•l. Standard penetration test borings were advanced by 3 or o'.%• Ir a I1 <ew,.ln, > Ifn,,,,ro� Ica, ;..�Iw.wtl, ,. '„ ro,• t, q.e.e I.O.hollow-stem augers unless noted otherwise.Jetting water we'. II lo,l toot,In• i laT ql°t •b. Irtio-,w,ntl/qr„11,aeo t,, ••11/' :a groua nwwq. Z. ae.• , ,Inf, used to clean out auger prior;0 sampling only where indicated c " z' ' "°"°•' ""' logs. Standard penetration test borings are designated by tr.- °. 11.0 ,flq+ •,• Iln• 'f 111 an ,. ,lo•, preiix"ST-(Split Tube). a. 1 ao I Power auger borings were advanced by 4" or o" diame! continuous-Elite, solid stem augers. Soil classification and strat: xwa flw<•�ralw<a prat l low ill <aart<•�.a.n:n depths are interred from disturbed samples augered to the suriac° call[ r. :o and are therefore somewhat approximate.Power auger borinc. a ;3uarlow or 's'-I,w, t- are designated by the prefix"8-. tfa.,(anrnl of at-4 to LL'?S S. •�;/� :x, r..i,a PI-071ILL.201 Hand probings were advanced manually with a 1h" diamete :,uorlon ar'u'-IIw< -r probe and are limited to the depth from which the probe can t' ',crrlcal ar LL=16 ,oPla7 '�� G`2`i I manually withdrawn. Hand probings are indicated by the prei: racnvl009t11 SAMPLING — All samples are taken with the standard•2" O.0 (s— split tube sampler, except where noted. TW indicates thin-we a zo I (undisturbed) sample. / I I MH 9 OH BPF — ,Numbers indicate blows per toot retarded in standar- ,o G I� penetration test, also known as'N"value.The sampler is set c" ' —,41 CL' 11fL. OL_ into undisturbed soil below the hallow-stem auger. Orivin -ML// resistances are then counted for second and Third 6"increment into o i to O •o °o so ra dit so 00 p and added to get BPF. Where they differ significantly, they ar- t touto t I M t T (Lt l reported in the following form—2/12 for the second and third E increments respectively. ' WH—WH indicates that sampler penetrated soil underweight c hammer and rods alone,driving not required. ' LABORATORY TESTS NOTE — All tests run in accordance with applicable AST'- standards. 00 Ory Oensily,pcf OC Organic Content,% 'NO We( Oensily,pcf S Percent of Saturation,'ra ' MC Natural Moisture Content.% SG Specific Gravity LL Liquid Limit,Oro C Cohesion PL Plastic Limit,% 0 ,angle of Internal Friction PI Plasticity Index,% qu Unconfined Compressive Strength 1 Gasmn Eng neennQ & Surveyiio Oate .lob 90—�18 ' Consultin ; Engineers 8: Land Surveyors B. Miller P.O. Box 361 • 2010 N. 7ch Ave. Bozeman. 'don-na j9M • (406) :86-058'3 By ' Sheet 2 ; 2 - I i TEST METHODS: SOIL CLASSIFICATION: AA,qiTn T99 "D (Cpl Gear{ poorly grade i qY-apal i PROJECT: i J.C . Billion Building Foundation I USE: Subg-rade MOISTURE-DENSITY RELATIONSHIP j IIIIII II II I TEST NO.: S-13 140 I I I I MAX. DENSITY: 134 i OPT. MOIST.: 135 } I I 0 yl 3 0 2 0 I 0. 5 10 15 20 MOISTURE/CONTENT PERCENT i Gaston Enril-lee .ilg & sul�vCY ig T. W.O. # 90-518 ' SOIL DESCRIPTION Percolation Tests , Soils Logs, and Laboratory Soils Tests for ' the Billion Chrysler Mazda site have been conducted by Brent Miller, Field Engineer for Gaston Engineering and Surveying. ' Qualifications: B.S . Degree in Construction Engineering g g g ' and Technology Montana State University ' March 1989 Experience: 1 year temporary employee with Gaston ' Engineering & Surveying Duties: laboratory and field soils ' testing Full time employee beginning March 1989 with Gaston Engineering & Surveying Duties: subsurface investigations and analysis for Engineering Design and Construction Supervision 1 1 C 'u n s Li I [ ; n E n i n c r s & Land S u r v c v o r s I'.=1. It„ „d. 'n!i 'th \:. ,,.•rnr,a. \'!'I ;r, nni >;hU?Sti S11-xv How('rr.iri: I_'i \\. .,,..n i_ liui!,. \I'i ;ritl ._ui,i .. ..nt h.... .. 1=} Gaston En �accring & Surve in yg DATE : ,blanch 22 , 199.0 1 W.O. # 9-a-.51 k TO : 62 1C`B�.�.�Zion FZZe 1 . PROCEDURE : 1 A.5•• diAec.ted' •b. Tenn Gaa,.ton 7 /coeeeded .to .inz,.tatt Mons otin �1. . , y p �t g ueU4, on t ,k.e pAopeAty, o� "&n.te4ea.t. 1 4 : 1S pm 3-_'1 3-•9.0 1 lVe-t w:&tk. hand Zea&ee, Ray RoethZe, as h.ts home and discu.6.6ed aeeeh•,s, to paopen-ty. Th.ene wae• 6•ome coneean, by Ray ion the cond,•.tion o ' GEi%& ',&etd and wheat. 1 9_.; 0.-0. am 3- 23- 90 - Met with Ray Roe.thZe and he d.tnected me .to .the di. Lec-tion he 1 wouZd aZZow aeceaa to the pn.opeaty. 1 : 00 pm 3- 23- 90 - Bob B/.aun waz hiAed voa backhoe zen.vicez and began instaUa.tion 1 at my di./c e c.ti o n. 6 Monito/L WeU�s were ins tatted using 2 " PVC 6Zotted pipe , 1 4 : 30 pm 3- 23-9.0 - weM were moniton.ed and cap6 were pZaeed , 1 1 Bob Bnaun' .s time 3 houns 1 1 Fiel Engineer 1 1 C o n s u l t i n c, E n g i n e e r s & Land Surveyors 1 P.O. Box Sol • 2010 ,. 7th Ave; • Bozeman, Montana 5971.5 (406) 536-0588 —S:S.G F.r.:mr_nne, 3ncman. Gaston Engineering & Sly' eyln� 1 TEST HOLE LOG ' PROJECT 1. C . B'-4-.t t.i o n .oe 9 0- 51 9 Mw. # 1 STATE Ib1T COUNTY Gatta,t.&n LocAr(ax: r 2S a 5 E sEc 9 TRACT s,rE oESC:.IPrIaN Wheat Fietd ELEVAr(oN c.s. 4830 PATE 3- 22- 90 ' :iECOR0E0 sr B. en ORILL MEr:ioa Backhoe aacLLER Bob Bhaun 9G" 2" PVC rar:.L ;E?rN = S[.vG r?� na JESC2(Pf;aN ':afar la.els � inq ?luia �EiC'I?ri0v __:Sif'i f(ON ;rillinq Aa:a ' ':ei I ::anolecian 011- 12 " I I I ( Da)Lk. bno.wn topsoit ' Sandy s.L'-tt I 12" 18 " Tan 5itty sand �. 1 - I 18 " ! 96" ' Wa,tea @ 6 . 2 ' 4 : 30 pm 3- 22-90 Uean eoanae gnave.t max 4ize: 6matt boutd a 1 i i I I t I I 9.6"� i I i I I 7LIf Gaston En�neerg & Sr`eying ' TEST HOLE LOG ' 7ROJECr J. C. i3it ion 90-51.9 .tOl: / Mw # 2 srarE MT couHrr Gatta.tin Uckrton: r 2S i 5 E szc 9 7RAC, L s[rE oEscai?rlOH Wheat Fietd :t:varcan G.s. 4830 aar: 3- 22 - 90 ' ECOROEO 3r B. M-UteA 7R[ll Backhoe -OR cu_A Bob Bn.aun 11 rat u 7ElrH 8CASI.vG "'!PE no 013C.J(?rior 2 PVC :IJ CLS _A: ';d C;•' ;veil 1 •7Elrri ;.,Ip E 9r: iiinq plino rillinq Via:; ' gel l Z•anole:lan Q.."- 12 " I I Da&k brown .topso.it i ' I i ' 1 2' - 1 O " Tan 6 itt y band I 4 1811 9611 Wa.ten. @ 3 . 4 " i 7 4 : 30 pm 3- 22- 90 I Ue.an coan�se gnavet I max 4ize : 4matt boudt(i& i I i I j i 1 i 9 G'rF I I I - I I I Gaston Engineering &,. yin, TEST HOLE LOG ' ?ROJT.Cr J. C . $.i:ttio n AB 9 0- 51.9 .40La .1 MW- 3 STArE MT couHrr Gatta,t,i:n LOCAr(on: T 2S ,t SE sEc 9 raacrEll-IS i isir: OEsc.:(?r(ON Wheat F.i:etd _L_var(On G.S. 4830 u r E 3- 22- 90 I ' aECIROEO a'r B. e/C JR(LL MET'.400 Baek.hoe OR(LLER Bob Shaun ! 0 2" PVC rorxL :E?rH 84 C.tS(`IG "'!PE .:ao •)Escac?rian I ' :cotes JE?rA :'_: I A"i p i- I inq :iuia 4riliinq 'fall �ornoietOn i I ` ' 01r 12 " I I DaAk bn.own .top'soit — I - I 12" 30" Tan .6it.ty sand tnansition .to - cream slc'tty sand with CaCO3 ! i 30" 84 " platen @ 2 . 9 ' 4 : 30 pm 3- 22-90 Ctean eoanse grave. ' '_ max size : smatt boutd rc i I � � I ' 84"' I I I I I r . I I I . 1 17nr7 .4— iastan._Engineenng TEST HOLE LOG ' aso.t_cr J. C . B`,Ztti. o n .os 9 0- 51 9 �o( _ MW- o 4 STATE MT COUNTY Gatta,t,i-n LOCH to,: r 2S i 5 E szc 9 rxacr str: oesc.;tartaN Wheat Field ='_var(aN G.s. 4830 )arc 3- 22- 90 ' a:CORO;O iY B . I Z eA ORILL META00 Backhoe oa(CCsi Bob BAaun Tar C E?rH* $0" CAS(v6 rrP_ .:No o::scacar:ov 2" PVC J C2S .);?ni nq lu,acArcoN ' ;rilIinq la:a'fall '_)noiatlon ' oil 1 2' Dank brown -to pa oit 1 12"— 30" Wa.ten @ 1 . 0 ' Tan .bitty sand 4 : 30 pm 3- 22 -90 tnan.6ition .to ' - cream Bitty band 30" &0" with CaCO3 t Ct can eo anh e q tav et max 6,1 ze: bmatt boutd n i I i 80„I I i I I I - ICI I 1 I 1 TEST HOLE LOG I ?QoJ TIC r J. C . B.i:tt i;o n .oa 9 0- 51 8 AoL_ I. MW- # 5 ' STdri: MT caunrr Gatta,t.i:n '_oc:,r(on: r 2S a 5F szc 9 raAcr i S(rE aesca(ar(an wheat FieZd _+._varcon G.S. 4830 Oar, 3- 22- 90 ' z:caeoea aT B'. I x eA oa(LI. ME7Hoo ' Backhoe oa(cc_a Bob Bnaun ror;L :ePrH 80 c.: . ��v� :wa a��ca(?r:o, 2 PVC .e:er L_vels JE?rs S.;nP'_: 9r: ilinq rluta J4S�:[?r:Gti S _.;SSf?i rfOn -;rillinq Aac. '+LI I ;:aaol<: on I 0"-- 121 I I DalLk bnown .to n4 oiZ ' I ' 1 2"— 1 8" ran Sit ty aand I l8" 80" Watea @ 3 . 0 ' 4 : 30 pm 3- 22- 90 Ctean Coan�se pLaveZ ' = max 4ize: 4maZZ bo.uZd n I 1 j 0" I • i I 1 1 I 1 Gaston Engineering & S� 'Yang ' TEST HOLE LOG 7'. C . 8it2ian 90- 519 MW # 6 ?ROJECT :OB 1 e0l_ / STATE MT caunrr Gattatin LocAr(On: r 2S a SE sEc 9 raAcr %S Elk SITE OESC.:(?T(On wheat Fi.etd' EL_YAr(On G.,. 4830 aATE 3- 22- 90'1ECOROEO iT B. ' c e/C .)RILL .yEi:i00 Backhoe OR(ll`_A Bob Bnaun TOTAL )E?rH 84 " CAS(:IG :•:?� OE5C:j(?r(On 2" PVC LtvelS JE?r"i :__ i ,y?L: 7r:Ilinq luIa )=ice:(?ri0n _.:SS(FiC:f(On ):illinq �d:E CoaolecIan I • 0"= 1 2' I I I Da&k bnown to p4 oit 1 I 1 2 7 8'� Tan bitty band - I i 1811 84 " 1 ' I _ Ctean eoaA4 e pLav et max Aize: zmatt bouZd n i ' Waten @ 4 . 5 ' ' 4 : 30 pm 3- 22-90 i i - I i I I I I I 1. 1 • • _ .. I i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Yy"Vies�lf( i� .Gaston Er��e�r�Q Qr Survey' � . - � ing� • W.O. # '90-518 GROUNDWATER MONITORING REPORT Billion Chrsyler Mazda ' Bozeman , MT ' This report is s summary of the depth to groundwater results at the Billion Chrsyler Mazda site , Bozeman, MT. These wells were monitored from March 22, 1990 to December 5 , 1990. A tabulated ' form of the depth to groundwater for the nine wells is on the third page followed by individual graphs for each well . Construction for the drain system shown on plan sheet 1 of 2 began ' the first week of June 1990 and was completed by June 25 , 1990. Four monitoring wells lie inside the enclosed draintile area ( #1 , #6, #8, and #9) . Monitoring well #7 is located 200 feet from the ' drain tile in the south east corner of the site. Wells #2, #3, #4, & #5 are all located over 160 feet north of the tile area. ' RESULTS : ' Prior to installation of the drain tile , the depth to groundwater ranged from 1 to 9 feet for ,the nine wells . A substantial increase is noted in the depth to groundwater during the installa- tion of the tile for wells #1 - #6 . This includes the wells that lie outside of the drain system. Monitor Well #1 indicates a 3-foot lowering to groundwater in June . Well #1 is right in the middle of the proposed effluent drainfield site . It should also be noted that the drain system substantially buf- ' feted the effects of irrigation on the draintile field. Note the drastic peaks in Monitoring Wells #2, #3, #4, and #5 in the beginning of July. These wells lie outside of the drainfield while wells #1 and #6 lie inside and show no substantial decrease ' of depth to groundwater due to irrigation. 1 ' Consult 1ny_> En17ineers cc hand Surveyors P.O. 13"\ :,I,l. 'flu 71h A•.e.. li�v;ri.ai. .`.I I' :,�?I? y»U„� i,:�,I1�S\ sd,•;r list:%% ,'rmcr. L,5 `.�'. 61.111ile. 13•u.e. ,\I,]5,Ml 140or 7_3-54U; • Groundwater Monitoring Report ' W.O. # 90-518 Page 2 ' CONCLUSIONS • ' Minimum depth to groundwater after installation of the drain system is about 8.5 ' for wells #1 and #9 which are closest to the effluent drainfield site and about 7 ' for wells #6 and #8 . Similar 1990 monitoring well results at a location approximately ' 21 miles northwest of the Billion site would indicate that seaso- nal high groundwater occurs sometime in early July. (See Brentwood Addendum - Michael Garrity attached. ) This in mind, the ' draintile system provides approximately 6.05 feet of vertical separation between the trench bottom and the water table for well #1 at a time of year when the groundwater should be at a high. WELL * 1 ' Fxisf'in� Grouno� 1 A / 2.5 i TrernGh (3ottom g.ss 8/3/90) G r-ou►-�d wa +er h ' At a minimum, (well #6) we get 6. 98 - 2. 5 ' = 4. 48 ' from trench bottom to water hole. These results would indicate that minimum separation requirements have been met or exceeded. Mack Stiff 1 GROUNDWATER MONITORING RESULTS Project No. 90-518 DAYS DATE TIME SITE 11 SITE 12 SITE #3 SITE 14 SITE 15 SITE 16 SITE 17 SITE #8 SITE #9 ' 3.7 1 22-Mar 04:30 PM -6.20 -3.40 -2.90 -1.00 -3.00 -4.50. 4.1 39 30-Apr 09:00 AM -6.20 -3.90 -2.90 -1.80 -3.60 -4.90 5.5 56 16-May 03:00 PM -6.05 -3.53 -2.50 -1.45 -3.10 -4.55 ' 5.8 64 24-May 04:00 PM -6.20 -4.00 -3.50 -2.50 -4.00 -4.95 6.01 72 01-Jun 01:30 PM -6.35 -4.30 -3.80 -2.80 -4.20 -5.20 •5.25 9+) 08-Jun 04:00 PM -6.25 -4.30 0 -3.E5 -2.80 -4,30 -5.15 ' 6.48 91 15-Jun 03:30 PM -6.91 -5.42 -4,10 -3.05 -5.01 -6.26 6.64 102 20-Jun 02:30 PM -.5.75 -4.47 -3.33 -5.02 -6.26 5.7 104 22-Jun 10:30 AM -J.9: -4. :i -•?.75 -5.05 -6.35 a., ' 6.3 107 JUN-25-90 -5.86 -4.5 --3.4 -5.19 .6.87 109 JUN-27-90 -5.66 -454 ?.43 -5.2 6.9 110 JLRd-22-90 -5.72 -4.58 -3.44 -5.22 6.93 ill JUN-'_'9-90 -9.02 -1.4 -».72 -3.15 -..+?4 ' 7.06 114 •J1;L-02-90 -9.1 -_ -J.24 -1.03 -3.48 -•5.98 -6;9 -7.22 LJ 7.19 1l8 JUL-06-90 -9,15 a.5 .73 -2.�. -4.45 -7.9 -2.t7 -8.31 -9.19 7.33 JUL-12 -9.''25 -4.4 -._.75 -5.23 -u.94 -9.35 -9.?2 -3.48 0' 7.65 JUL-2 -9`2 -`.75 - -8.73 _3.77 7.84 iIIL =6 -3.68 _ � - „ � _., 3.•32 AU6-10 -7.13 -;.7 -4,:; -?.:y. -`_.17 -°; -;.•37 _?.25 ' l2i6 DEC-5 -ii� -•5 -S -_. ] -9.43 -i0 - .64 -10 1 DEplH TO GRC)UNDWATER LQ � I i cx'^, 10 1 � • "d 0 �-i - 18 90- 7t 0 _________________________________________________________________________________________________________________ w ----------------------------------------------------------------------------------------------------------------- n L �� 2 ---------------•. Q CL' --------------•------------------------------ ••---------------•----------------------------------------------- ------------------ -----•--•-- -•--- -----------------------------------------------•------------- Lu 0 At F= ---------------------------------------- -- -- --------------------•---------•--------------------------------- — No [^late in Well 10 12 1 ' �+: ':_ /..• ft-j-1-11-AILION �� 'E.�` .1� 8 7i _� .�* P ' :l[TO RIV.]F- _. A #3 s -___________________________________..--_--______.-______-_______-_______-_-_-_______.________-__-____-____________ C LLl _ ____.._____________._____.__-...._.-__-____-_-____-________________-___________--________-___-__---_______________ .oz 0 LY CD _2 = II _ _ I LJ — -------•-------------._-.-------......_. ....._. I No Wate in Well 12 1 a- J, C. E 3 11fIl 0 N :�� � - 518 , r TNION O.C���C11 "Of', ------------------------------------------------ Ld v --------- -----------------------------------------------=---- -...------ CD 0 - �d 2 ---------------------------------------- Lu � .... . ---------------------------------- ?Vo i•,ater in Well 1 DEW TL i ROUi-JGWATER �. 1 I _ 1 - r i CO i 1 1 DE* TO G' R OUN.-DW ATER � i co i i • i i z 1 � 1 1 ]RUIL-11ON #90- 5.11-1) Tvto.. s ':�e Tad' -j. -Jtj ,� I r __.__ .............. .......................................................... w ------..--.------------------------------------- ------------._....-----------.---_ CD ----.-----•------ ----------....__...._..----------------------------- 0 ---------------------------- ---•--...------------------.. .......... -1 (� - ---- _�_ —_-- --.— - --No u7 a e r in well --� — --�---- - �-- ------r — - -----— = �- 1C, 11 12 13 DEP H TO GPGUND'rNr,TER CO 1 � I I ! i 1 1 ' 1 I � 1 #.9(-- - 51� 8 T P � 0-r4q4­.11TO­R ]EJUL, Irl 1 , s .--------- _--.:.._•--._........_.-. ---------------------------------------------------- ------------------ w F— < n Y ------------------------------------------•....................................•--•--••----`...........__..-_......... C� F— - _ - ---------...--..........--..------------.---------------------- W n t-- --------- •----• No Wate in Well 10 i' I ' BRENTWOOD ADDENDUM - MICHAEL GARRITY 1 1 Micheal G Well #3 • 10.00- LU 9.00 8.00 7.00 a� 6.00 5.00 c� 4.00 0 }' 3.00 4 2.00 0 1 .00 0.00 Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec. Jan. Feb. Months * No Water Present G ity ichea ■ arr Well # 6 10.00 9.00................................................................................................................................................................................................................................................................ 8.00................................................................................................................................................................................................................................................................. 7.00................... ............................................................................................................................................................................................................................................ 6.00................................................... ....................I.................................................................................................................................................................................... 5.00.................................................................................... .......................................................................................................................................................................... 4.00................................................................................................................................................................................................................................................................. 0 3.00.................................................................................................................................................................................................................................................................. Q- Q) ................................................................................................................................................................................................................................................................. n 1 .00................................................................................................................................................................................................................................................................. 0.00 Mar. 4r. May June July Aug. Sep. Oct. Nov. Dec. Jan. Feb. Months No Water Present Micheal Garrity. Well #5 10.00- .... ........................................................ 9.00............................................................................................................................... ...................................................................... 8.00........................................................................................................ .............. ............ .................... .................. ......... 7.00. ................................................................................................................................................................................................................................................................. w6.00.......... ..................................................................................................................................................................................................................................................... ..................... ........................................................................................................................................................................................................................................... 5.00 . . . .. . . ...... . ... . 4.00................................. ............................................................................................................................................................................................................................ 0 3.00.................................................................... ........................................................................................................................................................................................ 2.00.................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................. 0.00 , Mar.- Apr. May June July Aug. Sep. Oct. Nov. Dec. Jan. Feb. Months No Water Present 1 Micheal Well #4 10.00 9.00 8.00 `J 7.00 a� 6.00 a� 5.00 c� 4.00 0 }' 3.00 2.00 0 1 .00 0.00 Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec. Jan. Feb. Months * No Water Present 1 Depth to Water Table (Feet) 1 CD N GJ :P Cn 0) v CO co C) 1 0 0 0 0 0 0 o a o 0 0 1 � cn 1 D 1 � 1 1 D -� o � 1 0 1 z � o D �• 1 M M ID CD 1 1 Mi cheal Garrity Well #8 10.00- 9.00.......... ..................................................................................................................................................................................................................................................... 8.00................................................. ............................................................................................................................................................................................................ U- .............................. a) 7.00.................................................. ........ ............. ........................................................................................................................................... ................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................. 4.00.................................................................... ............................................:............................................................................................................................................... 0 ............................................7-......*........................................................................................................................................................................................................ n ................................................................................................................................................................................................................................................................. n 1 .00.................................................................................................................................................................................................................................................................. .0.00 , Mar. Apr. May Ju�ne .July Aug. Sep. Oct. Nov. Dec. Jan. Feb. Months No Water Present