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'flt � by� fin.•{' ��'� ;' ,•11. .: ,<x'•1- i`� �'��yr'�i• •'Yt��: ;� '' • • r. y aid. =wm'su..--'—�__-'_�rrrr•,t.ure>Rs.aa:s:,,,rr.._- - --°•.�uwa'•-- --...>...e4+�.r.a::.u...:..i.�•,.�-., — ��'� ' STONERIDGE SUBDIVISION ' COVENANTS AND RESTRICTIONS PART I DECLARATION OF COVENANTS AND RESTRICTIONS ' This Declaration, made this day of , by Cape-France Enterprises, Inc., a Montana corporation authorized to do business in the State of Montana whose principal place of business and post office address is # 16 North 9th Avenue, Bozeman, Montana, hereinafter referred to as the "Declarant". Declarant is the owner of land in Bozeman, County of Gallatin, State of Montana, described in ' Exhibit "A" attached hereto and made a part hereof. Declarant intends to develop the land as a Planned Unit Development with commercial, light commercial, neighborhood commercial enterprises, compatible light industrial uses, multi-family residential, parks, open space and a ' variety of uses by means of a Planned Unit Development. The purpose of this declaration is to create and keep the community area desirable, attractive, beneficial and suitable in architectural design, materials and appearance; to guard against unnecessary interference with the natural beauty of the community area; and to provide an attractive entry way to the City of Bozeman for all the mutual benefit and protection of owners within the community area. ' Declarant hereby declares that all land described in Exhibit "A" shall be held, sold, conveyed, encumbered, leased, occupied and improved, subject to the Stone id e Subdivision ' Covenants meaning the limitations, covenants and restrictions set forth in this declaration, all of which are intended to enhance the desirability and attractiveness of the land. These limitations covenants and restrictions shall run with the land and shall be binding upon all person having or who acquire any right, title or interest in and to the land, and shall inure to the benefit of the Declarant, the Association and each person who becomes an owner of the land. ' ARTICLE 1 DEFINITIONS ' SECTION 1. The following words when used in this declaration or any supplemental declaration (unless the context shall prohibit) shall have the following meanings. ' a. "Architect" shall mean a person registered to practice architecture in the State of Montana. b. "Association" shall mean the Stone icf e Subdivision Community Association, its successors and assigns. C. "Board" shall mean the Board of Directors of the Association. ' PART I - COVENANTS AND RESTRICTIONS 1 1 s • 1 1 d. "Guidelines" shall mean Development Guidelines which may from time to time be 1 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 1 property. e. "Community Design Committee" also referred to as SRDC shall mean the three ' individuals whose function is the review and approve proposal for conformance to the provisions of these covenants and Development Guidelines. 1 f. "By-Laws" shall mean the by-laws of the Association. g. "Open space and Linear Trail System" shall mean all land and interest therein which ' has or may be conveyed to the Association described in Exhibit "B-1", and which allows public access, including; . 1. Public Greenway Corridor Zone. ' 2. Public Waterway & Pedestrian Trail Zone. 3. Common Open Space, Critical Lands, & Wetlands. 1 h. "Community Design Committee" also referred to as SRDC shall mean the three individuals whose function is the review and approve proposal for conformance to the ' provisions of these covenants. I. "Declarant" shall mean Cape\France Enterprises, Inc., or such other person, entity or ' corporation who Cape\France Enterprises, Inc., may be, by a recorded document, designated as the Declarant. 1 j. The term "lot" shall mean and refer to only that land (a) described in Exhibit "A" or hereafter annexed subject to the Stoner id e Subdivision, and (b) designated by the Declarant as a single family residential, multiple unit commercial or industrial lot. 1 . k. "Stone icl e Subdivision" shall include all land described in Exhibit "A", together ' with such other land as may be annexed by the Association. ' 1. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to or leasehold interest in any land which is a part of Stone idg e Subdivision, including contract purchasers, but excluding those having such interest merely as 1 security for the performance of an obligation. 1 PART I - COVENANTS AND RESTRICTIONS 2 1 • • 1 ARTICLE II LAND SUBJECT TO THIS DECLARATION SECTION 1. The land described in Exhibit "A" attached hereto shall be held, sold, conveyed, leased, encumbered, occupied and improved subject to this declaration. ' SECTION 2. The Declarant may, pursuant to the following provisions of the section, from time to time and in its sole discretion, annex to ,Stone id e Subdivision all or any part of the land described in future exhibits (not then constituting a part of,Stone id e Subdivision) ' owned by it at the time of such annexation. ' a. The annexation of such land shall be effected by Declarant having recorded a declaration describing the land to be annexed; setting forth such additional limitations, restric- tions, covenants and conditions as are applicable to such land; and declaring the land is to be held, sold, conveyed, encumbered, leased, occupied and improved subject to the ,Stonel id e Subdivision Covenants. ' b. Upon the annexation becoming effective, the land covered by such annexation shall become a part of,Stone icf e Subdivision. C. The declaration described in Section 2a above may provide for any of the following: 1 (1) The same land classifications as are provided for in Article III, or such new land classifications not then provided for in Article III, and such limitations, restrictions ' conditions and covenants with respect to use as Declarant may deem to be appropriate for the development of such land; 1 (2) A declaration of restrictions applicable exclusively to a specified area. d. No land, except that described in Exhibit "A" and except that specifically annexed as ' above provided shall be deemed subject to the Stone id e Subdivision covenants, whether or not shown on any subdivision map filed by Declarant or described or referred to in any 1 document executed or recorded by Declarant. Nothing herein or in any amendment hereto shall be deemed to be a representation, warranty or commitment that the Declarant will commit or subject to the Stone Ld e Subdivision covenants any land it may now own or hereafter PART I - COVENANTS AND RESTRICTIONS 1 3 ' acquire other than that described in Exhibit "A" or an amendment thereto. ARTICLE III ' LAND CLASSIFICATIONS AND RESTRICTIVE COVENANTS SECTION 1. All lots within ,Stone id e Subdivision P.U.D. shall be classified into the ' following uses: a. Neighborhood Commercial (B-1). The number or type of neighborhood commercial ' uses which may occur on any neighborhood commercial lot shall not exceed the number or type provided for by the Declarant or the City of Bozeman Zoning Code. Each of the lots may ' be divided or re-subdivided into lots or areas vertically as well as horizontally provided that the written consent of the Declarant to the division or re-subdivision is first obtained. Any use allowed as a permitted use or conditional use by the Bozeman Municipal Code. ' Buildings developed on B-1 zoned lots may be allowed to exceed the building square footprint limitation up to a maximum of 10,000 square feet; however, no single tenant or business shall occupy more than 6,000 square feet in first floor gross floor area, which would meet the intent ' of the B-1 district for small retail and service activities. In any site plan, the footprint of the building will be determined by compliances with area coverage standards and landscape requirements of the City of Bozeman and in accordance ' with all the requirements of this Development Manual including the Covenants and Restrictions; By-laws; and Development Guidelines; as well as the requirements of the Bozeman Municipal Code (with the exception of any area limitation) . The following lots have specific additional approval uses as follows: Lot 5. A small animal vet clinic ' Lot 6. Auto part retail ' b. Office (R-O). The number or type of office and professional office uses which may occur on any R-0 lot shall not exceed the number or type provided for by the Declarant or the City of Bozeman Zoning Code. Each of the lots may be divided or re-subdivided into lots or ' areas vertically as well as horizontally provided that the written consent of the Declarant to the division or re-subdivision is first obtained. A combination of one and two-story buildings shall be encouraged for Lots 24 through ' ,29. At least 50% of the total building footprint of any site plan will be single story. i C. Light Industrial (M-1). The number or type of light industrial uses which may occur on any light industrial (M-1) lot shall not exceed the number or type provided for by the Declarant or the City of Bozeman Zoning Code. Each of the lots may be divided or re- subdivided into lots or areas vertically as well as horizontally provided that the written consent t PART I - COVENANTS AND RESTRICTIONS ' 4 1 s � 1 d. Multi-family lot (R-3). The number of individual buildings, condominiums, duplexes 1 or apartments which may be constructed on any multiple unit lot shall not exceed 8 living units per acre. Each of such lots may be divided or re-subdivided into lots or areas vertically as ' well as horizontally, provided that the written consent of the Declarant to such division or re- subdivision is first obtained. Multi-unit and apartment units shall be allowed on Lot 48. Condominium and ' Townhouse units may be allowed on this lot, or any lots presently R.O. upon the change of zoning to R-3 and first approved by S.R.D.C., and then by the City of Bozeman. e. Future Phases of,stone id e Subdivision at the time which they are platted will ' become a part of this association. ' f. Revision to land uses permitted in each classification shall be approved by the S.R.D.C., Bozeman Planning & Bozeman City Commission. Any future zone map amendments & master plan amendments will be considered by the appropriate governing ' bodies to allow future development that is consistent with the master plan for StoneRidge P.U.D. SECTION 2. All lots within Stone id e Subdivision, except as otherwise specifically ' provided, shall be subject to the following limitations and restrictions: a. No building, fence, wall or other structure shall be constructed, erected or maintained ' on any lot or area, nor shall any addition thereto or change or alteration therein be made until the complete plans and specifications therefore, (including, but not limited to, the floor, elevation, plot and grading plans; the specifications of principal exterior materials, color schemes and the location, character and method of utilization of all utilities; landscape plans; and automobile parking provisions; outside lighting plan), have been submitted to the Community Design Committee as provided in Article IV, hereinafter referred to as the 1 "Committee". b. Each building or other structure shall be constructed, erected and maintained in strict ' accordance with the approved plans and specifications. ' C. In passing upon all such plans and specifications, the Committee shall take into consideration the suitability of the proposed building or other structure and the materials of which it is to be built to the lot upon which it is to be erected, its harmony with the 1 surroundings and the effect of the building on other structures, as planned, as viewed from PART I - COVENANTS AND RESTRICTIONS ' 5 ' adjacent or neighboring lots. The Committee hall� g g Co e s use reasonable judgment in passing upon all such plans and specifications, but shall not be liable to any person for its actions in connection ' with submitted plans and specifications, unless it be shown that the Committee acted with malice or wrongful intent. 1 d. Setbacks shall meet the requirements of the Bozeman Municipal Code and the N. ' 19th/Oak Street Corridor Master Plan with the exception that building and parking setbacks from private streets (Stoneridge Drive) will be not less than 15 feet measured from the back of the curb. This setback does not apply to internal driveways or parking access. ' e. Setbacks from steams shall be 35' as defined in the Bozeman area zoning ordinance at the time of Approval or this PUD Subdivision. ' f. Standard architectural restrictions except as otherwise approved b the Committee PP Y shall be as follows: r (1) All exterior finish materials including sidings, wainscots, and roofs, are to be approved by the S.R.D.C. (2) The roofs of principal structures constructed as office buildings, commercial ' buildings or multi-family buildings shall be covered with materials from a list of appropriate materials as may be established from time to time by the Committee. Earth tone colors are to be encouraged. Sloped roof pitches for all primary structures shall ' not exceed a maximum pitch of 8:12 or a minimum of 6:12, sloped roof pitches for all secondary structures shall be a minimum of 4:12. Shallower or steeper pitched roofs or flat roofs may be acceptable with appropriate design and review. 3 No outbuildings or sheds shall be permitted except that an outbuilding, or shed ( ) g P P g� shall be allowed for the sole purpose or storing construction materials or equipment ' during the construction phase. However, permanent structures for storage or other similar purposes may be constructed provided they are determined to be compatible with the other building(s) proposed, and are of the same construction and finish. r (4) Any residential lot, when improved, must have not less than two off street ' automobile parking spaces per living unit in a paved and curbed parking area. Special parking requirements may be established by the Committee with respect to structures to be constructed on multiple unit, neighborhood commercial and light industrial lots which exceed the requirements of the city of Bozeman if it is determined to be more acceptable for a given use. r (5) No exterior antenna or satellite receiver dish or aerial shall be erected on any PART I - COVENANTS AND RESTRICTIONS ' 6 1 lot without evaluation thorough g at on of the need. Such facilities on commercial lots will be considered on a case by case basis by the Committee. (6) The following building height restrictions, measured from the average elevation ' of the finished grade at the foundation line of the structure to the highest point of the coping of the top story in the case of a flat roof, or the deck line of a mansard roof, or the average height between the plate and ridge of a gable, hip or gambrel roof, are ' hereby imposed: Multiple building lots 38 feet ' Commercial/industrial 40 feet Multi-family residential lots 38 feet ' In any case, no building height shall exceed those specified by the Bozeman Zoning Code unless approved on the basis of appropriateness and design excellence, and/or a variance to the City of Bozeman Zoning Ordinance. (7) The Owner of each structure constructed on the lots shall maintain the structure ' in good repair at all times and shall cause all external surfaces that are stained or paint- ed to be restained or repainted at sufficient intervals as to prevent the structure from detracting from the beauty of Stone id e Subdivision. ' 8 All fencing plans shall be approved b the Committee prior to construction. No ( ) g P PP Y fencing, other than limited privacy screens, shall be allowed on a lot bordering ' on any common open area. (9) All lighting plans shall be approved by the Committee and shall be of such type ' style size and location so as to reduce unwanted glare. ' g. Landscape controls: (1) Commencing with the transfer of any land in ,S'tonel id e Subdivision from ' Declarant, the Owner shall cause all the land to be maintained in a neat appearance at all times. Grass shall be cut not less then every two weeks and trees, bushes and hedges shall be trimmed at such intervals as are necessary to maintain the attractiveness ' of Stone id e Subdivision. ' (2) Walls and fences shall be designed so as to be attractive from any viewable side. No wall, or fence may exceed eight feet in height. No fence, hedge or other continuous planting may be constructed or maintained within 20 feet of any lot ' boundary line which abuts common open area. PART I - COVENANTS AND RESTRICTIONS ' 7 (3) The aggregate of paved surfaces on any lot shall not exceed 60 percent of the portion of the lot not covered by building structures. (4) Each owner shall be responsible for weed control on his/her lot. stone id e ' Subdivision Owner Association shall be responsible for weed control and for maintenance of open space and trail system. See developmental guidelines - lot maintenance and weed control. (5) Pesticides, herbicides, fertilizers etc. if used shall be applied in strict accordance ' with the manufacturers instructions and all applicable laws and in accordance with USDA and EPA. ' (6) Boulevards. Individual lot owners shall be responsible for landscaping and maintenance of the adjacent boulevard at the time of occupancy. Refer to the D.G.L. for specific details. (7) Openspace and Trails: The Stone id e Owners Association will be ' responsible for the landscaping and maintenance of the trail system. The Declarant shall be responsible for the construction of the trail system before final plat approval. Refer to the Development Guidelines for specific details. 8 Buffer Screening Between Zoning Classifications: Individual lot owners shall be ( ) g g responsible for landscaping and maintenance of buffers between different zoning ' classifications. Refer to Section XII of the Development Guidelines for specific details. ' h. Garbage and refuse disposal. No land within Stone id e Subdivision shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All equipment for the storage or disposal for such material shall be kept in a clean and sanitary condition. ' i. Easements. Easements for the installation and maintenance of utilities and drainage g facilities are reserved to the Declarant or its assignee as shown on Exhibit "A" and appurtenant ' documents. Within these easement areas no structure, planting or other materials shall be placed or permitted or remain which may damage or interfere with the installation and maintenance of utilities or which may obstruct or retard the flow of water through drainage ' channels in the easement areas. j. Temporary structures. Except for the temporary construction facilities of Declarant, no temporary buildings, structures, outhouses, sheds, tents or trailers of any kind shall be erected, altered, placed or permitted to remain on any land in Stone id e Subdivision, except as ' provided herein. Temporary structures or trailers may be erected or placed on any land for a reasonable period time during construction for use as a construction office OR supply shelter PART I - COVENANTS AND RESTRICTIONS 8 1 ONLY. The temporary construction structures or trailers shall remain upon the land only ' during the period of construction of permanent improvements thereon and must be removed within 30 days after completion of such construction. ALL surplus materials construction must be removed within that 30 days. k. Nuisances. No noxious or offensive activity shall be carried on upon any land in ,stone id e Subdivision, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the development. ' 1. Signs. No signs, placards, or notices shall be erected, placed, maintained or permitted to remain on any part of any developed lot in ,stone id e Subdivision, except such commercial signs as have been approved by the Committee for identification of buildings, streets or areas, places of business, or other commercial uses. Signs must also be constructed to comply with the developmental guidelines and the Bozeman Sign Ordinance. ' M. Livestock and poultry. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any land in the subdivision, except that a reasonable number of cats, dogs, or other common household pets may be kept, provided, however, that they are not kept, bred, or maintained for any commercial purpose. All pets shall be on a leash at all times when off the owner's property. ' n. Automobiles boats and trailers. No boat trailer or other vehicle shall be parked on any street or road or any part of the right of way of any street or road in ,stone id e ' Subdivision at any time. Any vehicles other than automobiles and trucks or vans used by a specific business in the subdivision shall be stored within enclosed or covered parking or ' offsite. o. Snowmobiles, ATVs and motorcycles. No snowmobiles, ATVs, motorcycles or ' motorbikes shall be operated within Stone id e Subdivision except as necessary for destination uses such as in performance of work and for operation and maintenance of the ' openspace or other public or semi-public recreational purposes such as open space and trail maintenance. ' P. Fires. No open fires for the purpose of burning landscaping by-products including leaves, trimmings, and clippings or rubbish shall be allowed except burning of landscaping byproducts from the openspace at a location designated by the Board. ' Lien. Each owner rants to Declarant and there is excepted and reserved to Declarant, q� g � P a lien upon the lot of the owner to secure the faithful performance by the Owner of the ' requirements of Section Two (2) of this Article III. If any Owner shall fail to comply with Section Two (2) within 10 days after Declarant shall have deposited in the United States Postal PART I - COVENANTS AND RESTRICTIONS 9 0 0 System a notice to the Owner of the failure to comply, Declarant shall have the right to cause ' the necessary work to be done and to have a lien upon the land of the noncomplying Owner for the reasonable cost of such work plus an additional amount equal to 10% of the cost of such work. If within 30 days the noncomplying Owner does not pay to Declarant the sum secured by the lien, then Declarant may foreclose the lien in compliance with the mortgage foreclosure laws of the State of Montana for the aggregate of(1) the reasonable cost of such work (ii) a sum equal to 10% of such work, and (iii) all cost incurred by Declarant in foreclosing the lien, ' including a reasonable attorney's fee. r. Fences. The stone id e Owners Association shall share equally in the maintenance of agricultural fences of adjacent properties so long as those spaces maintain agricultural uses. ' S. Trail Easement. The trail system shall be installed by the owner within the 35 foot & 70 foot wide trail/linear park area easement as shown on Exhibit "A". The trail system will be open and used by the public to connect to other adjacent trail systems and to Rose Park. The ' 6-foot wide gravel trail and easement area shall be owned and maintained by the stone id e Owners Association. ' t. Hours of Operation. Normal hours of operation for any business will not begin prior to 7:00 a.m. nor continue later than 11:00 p.m. in areas adjacent to single-family residential ' neighborhoods. Non-business hour activities that would be determined to be offensive or disruptive such as loading and unloading, construction, or maintenance of grounds or buildings or similar activities will not allowed and will be considered a violation of these covenants. ' ARTICLE IV COMMUNITY DESIGN COMMITTEE ' SECTION 1. There shall be a Community Design Committee consisting of three members appointed by the Board, one of whom must be a representative of Cape\France Enterprises, ' Inc. or its assigns or heirs. The Board shall have the right to appoint one or more alternates for the members of the Committee, which shall have the power as voting members of the Committee in the event the members for whom they are alternates are unavailable to act as ' members of the Committee. The members of the Committee, and their alternates, shall serve until death, resignation or their removal from the Committee by the Board. SECTION 2. A majority of the Committee members in office at the time shall constitute a quorum for the transaction of business, and all action taken by the Committee at any meetings at which a quorum is present shall be a simple majority of those present. No formal meetings ' shall be required of the Committee, and any action may be taken by the Committee without a PART I - COVENANTS AND RESTRICTIONS 10 meeting by written consent signed by a majority of the Committee members. ' Upon the death, resignation or removal of a member of the Committee, the remaining member g g or members of the Committee shall designate a replacement for such member to serve until ' such time as the Board replaces such temporary successor member with a permanent successor member. ' SECTION 3. It shall be the duty of the Committee to consider and act upon proposal or plans from'time to time submitted to it pursuant to the provisions of Article III, to adopt Committee rules as provided in Section 4 of this Article IV and to perform such other duties from time to ' time delegated to it by the Stone id e Subdivision Covenants. The Committee's approval or disapproval shall'be given in writing within a reasonable period of time after complete ' submittal of plans and specifications, any interested party may demand the decision of the Committee within 30 days after the Committee's receipt of the demand, and if the Committee fails to disapprove within the 30 days, no approval shall be required. SECTION 4. Upon payment of a reasonable fee, not in excess of Twenty Dollars ($20.00), ' the Committee shall provide any Owner entitled thereto with a statement in recordable form approving any proposed or completed work of construction improvement or alteration or a statement varying the requirements of the setback provisions contained in Article IIl. SECTION 5. The Committee or any member thereof shall be not liable to the Association or to any Owner or to any other person for any damage, loss or prejudice suffered or claimed on ' account of(a) the approval of any plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, ©the development or manner of development of any land within ' Stone id e Subdivision or (d) the execution and filing of a certificate pursuant to Section 4 of this Article IV, whether or not the facts therein are correct, provided however, that such ' member has, with the actual knowledge possessed by him, acted in good faith. SECTION 6. The Declarant shall assume all duties of the Community Design Committee until ' the appointed committee members are selected. ' ARTICLE V Stone ici• e SUBDIVISION OWNERS ASSOCIATION SECTION 1. The Association is charged with the duties and empowered with the rights set ' forth herein and it's Charter and By-Laws. ' PART I - COVENANTS AND RESTRICTIONS 11 SECTION 2. Every Owner of a lot which is subject to assessment by the Association shall be i a member of the Association; provided that any such person or entity who holds such interest merely as a security for performance of any obligation shall not be a member. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to ' assessment. SECTION 3. The voting rights of the members shall be as set forth in the Charter and ' By-Laws of the Association. ' SECTION 4. The Association shall have the rights, obligation and duties, subject to the Stone id e Subdivision Covenants, to do and perform each and every one of the following for the benefit of the Owners and for the maintenance and improvement of Stone id e ' Subdivision: a. The Association shall elect a Board of Directors to govern and administer its day to day activities. The Board of Directors shall be referred to hereafter as the "Board". ' b. The election process, number of Directors and the powers and duties of the Board shall be specified in the Bylaws of the Association. ' C. The Associations shall accept all Owners as members of the Association. d. The Association shall accept title to all Open Space and Linear Trail Systems and other iland, including common open space easements, from time to time conveyed to it. The Association may also acquire and accept title to any other property, real, personal or mixed. i The Association may charge reasonable fees to the Stone idg e Subdivision and the Owners Association for use of the recreations facilities on the Open Space and Linear Trail Systems, including common open space easements, to help defray the cost of construction, repair, imaintenance, or operation of such facilities, or of other facilities owned by the Association. e. The Association shall maintain or provide for the maintenance of Open Space and ' Linear Trail Systems and improvements, including common open space easements, located on the Open Space and Linear Trail Systems. ' f. To the extent not assessed to or paid by the Owners, the Association shall pay all real property taxes and assessments levied upon any portion of the Open Space and Linear Trail Systems including common open space easements. g. Unless provided by a municipal, county or other governmental agency, and unless the cost thereof is assessed directly or indirectly against the Owners by such party, the Association may contract for, employ or provide for operation and maintenance of the common areas. iPART I - COVENANTS AND RESTRICTIONS 12 1 i ' h. The Association shall obtain and maintain in force such insurance policies as the Board may deem appropriate. ' i. The Association shall have all the powers set forth in the Stone id e Subdivision Covenants including, without limitation, the power to levy assessments, to make contracts and ' to acquire and dispose of property, and shall take such action, whether or not expressly authorized by Stone icf e Subdivision Covenants as may reasonably be necessary to enforce the Stone icf e Subdivision Covenants, limitations, covenants conditions and restrictions of ' Stone ict e Subdivision, the Stone id e Subdivision Rules and the Committee Rules. ' SECTION 5. The Association shall have all the powers set forth in the Charter and to do any and all things which may be authorized, required or permitted to be done by the Association ' under and by virtue of Stone i e Covenants. Without in any way limiting the generality of the foregoing, the Association shall have the following powers: a. The Association shall have the power and authority at any time and from time to time and without liability to any Owner for trespass, damage or otherwise, to enter upon any lot, for the purpose of maintaining and repairing any lot, if for any reason the Owner fails to ' maintain and repair the lot as required under Article III, or for the purpose of removing any improvement constructed, reconstructed, refinished, altered or maintained upon such area in violation of Article III. The Association may maintain and repair any roads, sidewalks, ' common open space, linear trail or public areas in or adjoining Stone id e Subdivision including landscaping and planting the same and repairing improvements thereon when public ' authorities, in the opinion of the Board have failed to do so in a manner befitting the standards of the community. The Association shall also have the power and authority from time to time in its own name, on its own behalf, or in the name and behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of Stone id e Subdivision Covenants, or to enforce by mandatory ' injunction or otherwise all of the provisions of the Stone id e Subdivision Covenants. b. In fulfilling any of its duties under the Stone id e Subdivision Covenants, including ' its duties for the maintenance, repair, operation or administration of the Open Space and Linear Trail Systems, and to the extent necessary by the failure of the Owners of private areas, ' or in exercising any of its rights to construct improvements of other work upon any Open Space and Linear Trail System, the Association shall have the power and authority: ' (1) To contract and pay for, or otherwise provide for, construction, maintenance and repair of all improvements upon Open Space and Linear Trail Systems on such ' PART I - COVENANTS AND RESTRICTIONS 13 terms and conditions as the Association, shall deem appropriate and to pay and ' discharge all liens arising out of any work; (2) To obtain, maintain and pay for such insurance policies or bonds as the Board may deem to be appropriate for the protection or benefit of,Stone id e Subdivision, ' the Association, the members of the Board, the members of the Committee, or the Owners; ' (3) To contract and pay for, or otherwise provide for, such utility services including, but without limitation, water, sewer, trash, electrical, telephone and gas ' services as may from time to time be required; (4) To contract and pay for, or otherwise provide for the services of architects, ' engineers, attorneys and certified public accountants or such other professional or nonprofessional services as the Board may deem necessary; ' (5) To contact and pay for, or otherwise provide for, fire, police and such other protection services as the Board deems necessary for the benefit of,Stone id e ' Subdivision, any property located with ,Stone id e Subdivision, or the Owners; ' (6) To contract and pay for, or otherwise provide for, any materials, supplies, furniture, equipment and labor to the extent the Board deems necessary, and to pay and discharge any and all liens placed upon any Open Space OR Linear Trail System due to any work done or performed by the Association in pursuit of any of its obligations and duties of maintenance, repair, operation or administration. ' C. The Board shall be required to grant and convey to any third parties easements or rights-of-way in, on, over or under any Open Space and Linear Trail System without payment to the Association when requested by Declarant. The Board shall also have the power and authority to grant and convey to any third parties, on such terms as the Board may approve, parcels or strips of land from any Open Space and Linear Trail System. ' d. The Board may from time to time employ the services of a manager of the affairs of the Association and may delegate to the manager any of its powers under the Stone id e ' Subdivision Restrictions, provided, however, the Board cannot delegate to such manager the power to execute any contract binding on the Association for a sum in excess of$1,000; nor for the performance of any work or services, which work or services are not to be completed within 60 days; nor the power to sell, convey, mortgage or encumber any property of the Association. ' e. The Board shall have the right to pay, compromise or contest any or all taxes and assessments levied against all or any part of the Open Space and Linear Trail System, or upon PART I - COVENANTS AND RESTRICTIONS 14 any personal property belonging to the Association. t SECTION 6. The Board from time to time and subject to the provisions of the StonegWidge ' Subdivision may adopt, amend and repeal rules and regulations to be known as the Stone iCf e Subdivision Rules governing: ' (1) The use of Open Space and Linear Trail Systems, including without limitation the recreational facilities; ' (2) The use of roads; ' (3) The collection and disposal of refuse; (4) The burning of open fires; and ' (5) The maintenance of range animals including horses and llamas within StoneRidge Subdivision will not be allowed. Animals being treated in ' connection with a small animal veterinary clinic will be an exception. SECTION 7. No member of the Board shall be personally liable to any Owner, guest, lessee ' or to any other persons, including the Declarant, for any error or omission of the Association, its representatives and employees, Committee or the manager, provided, however, that such member according to the actual knowledge possessed by him, acted in good faith. ' ARTICLE VI ASSESSMENTS ' SECTION 1. The Declarant for each lot owned by it within Stone id e Subdivision hereby covenants, and each Owner of any lot by acceptance of a purchase and sale agreement, deed or ' lease therefore, whether or not it shall be so expressed in any such deed, lease or any other conveyance, shall be deemed to covenant and agree to pay to the Association his proportionate share of maintenance established and collected form time to time as hereinafter provided. The term "lot" as used in this Article VI shall mean and refer to only that land (a) described in Exhibit "A" or hereafter annexed subject to the Stoner id• e Subdivision, and (b) designated by the Declarant as a commercial or industrial lot, multi-unit commercial lot or multi-unit residential lot. ' proportionatehare f the maintenance and special assessments SECTION 2. The Owner's s o p ' PART I - COVENANTS AND RESTRICTIONS 15 1 shall be assessed in the following manner: ' Each owner or member will be assessed proportionately based on the number of shares assigned to his particular lot for commercial and/or multi unit residential properties. Each multi-family lot or tract will be initially assessed on the basis of 3 shares per acre. This will continue until completion of all construction on the lot or tract. Subsequent to completion, the lot or tract will be assessed a number of shares equal to the actual number of dwellings ' constructed. Commercial lots will be assessed three shares per acre. Assessments to owners will commence immediately after the transfer of title from the Declarant to the new owner. No assessments will be made to the Declarant. The Board shall have the right to determine and refine the specifies and timing of assessments ' within the parameters of the preceding statements. SECTION 3. At least 30 days prior to the commencement of each fiscal year, the Board shall ' fix the amount of the maintenance assessment for such fiscal year and shall, at that time, prepare a roster of the lots and assessment applicable thereto. Written notice of the assessment shall be sent to every Owner subject thereto. SECTION 4. Maintenance assessments levied by the Association shall be used solely for the purpose of financing the Association functions and duties, Assessments shall include but not be limited to maintenance of fences, trails, linear park, weed control-and other improvements. ' SECTION 5. If at any time during any fiscal year, the maintenance assessment proves inadequate for any reason, including nonpayment of any Owner's share thereof, the Board may levy a further assessment in the amount of such actual or estimated inadequacy which shall be ' assessed to the Owners in the manner set forth in Section 2 of Article VI. SECTION 6. In addition to the maintenance assessment authorized above, the Association ' may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Open Space and Linear Trail System, ' including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who vote in person or by proxy at a meeting duly called for this purpose. For the purpose of this section in ' owner will be allowed a number of votes equal to the number of dwelling units assessed to his/her at the time of the proposed election. ' SECTION 7. The Board shall also levy an assessment against any Owner, as a direct result of ' PART I - COVENANTS AND RESTRICTIONS 16 whose acts or failure or refusal to act or otherwise to comply with the Stone id e Subdivision Covenants, the Stone Ld e Subdivision Rules or the Committee Rules, for monies expended by the Association in performing its functions under the Stone id e Subdivision. Such assessment shall be in the amount so expended and shall be due and payable to the Association when levied. Monies so expended shall include, without limitation, reasonable engineers' ' architects', attorneys' and accountants' fees incurred by the Association. SECTION 8. Each assessment under this Article VI shall be a separate, distinct and personal ' debt and obligation of the Owner against who it is assessed, and each Owner by acceptance of a purchase and sale agreement, deed or lease, shall be deemed to covenant and agree to pay the same to the Association. If the Owner does not pay such assessment or any installment thereof when due, the Owner shall be deemed in default and the amount of the assessment not paid, together with the amount of any subsequent default, plus interest at 12% per annum and costs, including reasonable attorney's fees, shall be and become a lien upon the lot of such Owner ' upon recordation by the Association of a notice of default. Such lien shall be subject and subordinate to the lien of any mortgage on the lot of such Owner, and to the lien of the water and sewer assessments of the nonprofit corporation operating same. A foreclosure of any such paramount lien, whether by judicial proceedings or pursuant to a power of sale contained in such mortgage, shall extinguish the lien as to payments of assessments which became due prior ' to such sale, transfer or conveyance but no such sale, transfer or conveyance shall relieve such lot or the purchaser or transferee thereof with regard to assessments thereafter becoming due. The Association assessment lien may be foreclosed through suit by the Association in like manner as a mortgage of real property, and the Association shall have power to bid on the lot at foreclosure sale and to acquire and hold, lease, mortgage or convey the lot. A suit to recover a money judgment of unpaid assessments shall be maintainable without foreclosing or waiving the lien securing the same. The foregoing remedies shall be in addition to any other remedies provided by law for the enforcement of such assessment obligation. SECTION 9. The Open Space and Linear Trail System as defined in Article I and such portions of Stone id e Subdivision as may be conveyed or dedicated to and accepted by a public utility, the State of Montana, the County of Gallatin shall be exempt from assessments. ' SECTION 10. When requested by an Owner, the Association shall execute a certificate stating the indebtedness secured by the Association lien upon the lot of the Owner, and such certificate shall be conclusive upon the Association and the Owners in favor of such persons who rely ' therein in good faith as to the amount of such indebtedness as of the date of the certificate. The Association shall be entitled to a reasonable fee as a condition to issuing the certificate. ' PART I - COVENANTS AND RESTRICTIONS 17 ARTICLE VII MISCELLANEOUS PROVISIONS SECTION 1. In addition to the rights reserved to the Declarant to modify or supplement the Stone id e Subdivision Covenants with respect to land annexed to Stone id e Subdivision, the Stone id e Subdivision Covenants, may, at any time, be amended or treplaced upon the happening of all the following events: a. The vote of Owners having not less than three-quarters (3/4) of the total votes of each ' class of Owners of lots then within Stone id e Subdivision Covenants at a meeting of the Association duly held. For the purposes of this section, an owner will be allowed a number of votes equal to the number of shares assessed to his/her lot at the time of the proposed election. ' The notice of the meeting shall state that the purpose of the meeting is to consider the amendment or repeal of the Stone id e Subdivision Covenants, giving the substance of any proposed amendments or indicating the provisions to be repealed, as the case may be; and b. The recordation of a certificate of the Secretary or an Assistant Secretary of the ' Association setting forth in full the amendment(s) to the Stone id e Subdivision so approved, including any portion or portions thereof repealed, and certifying that said amendment(s) have been approved by vote of the Owners pursuant to Section la, Article VII. SECTION 2. All the limitations, covenants, and conditions of Stone id e Subdivision tCovenants are to run with the land and shall be binding on all parties and persons claiming under them for a five (5) year period beginning at the date of filing of this document, at which time the same shall be automatically extended for successive periods of five (5) years, unless the record Owners of lots then within Stone id e Subdivision having not less than three-fourths (3/4) of the total votes record an instrument terminating the Stone id e Subdivision Covenants within 1 year prior to the commencement of any such period. Any such termination shall take effect upon expiration of the period during which it is given. SECTION 3. In addition to the remedy provided in Section 2(a) of Article III, if the Owner of any lot in Stone id e Subdivision or any part thereof or interest therein violates any provisions hereof, Declarant, the Association or the Owner of any lot or part thereof or interest therein may bring an appropriate civil action against the defaulting party in such ' PART I - COVENANTS AND RESTRICTIONS 18 proceedings or action; provided however, that Declarant or the Association shall have no duty ' under any circumstances to enforce compliance with Stone id e Subdivision Covenants. Failure by Declarant, the Association or any property Owner or Owners or their representa- tives, heirs, successors, or assigns to enforce any of the limitations, covenants, restrictions, reservations, easements, or charges herein contained shall, in no event be deemed a waiver of the right to do so thereafter, provided, however, any structure which has been completed for a period of one (1) year without any suite having been commenced concerning such structure, shall not thereafter be subject to suit of initial noncompliance with the requirements of Section 2. SECTION 4. All the limitations, covenants, conditions of and restrictions of Stone id e ' Subdivision Covenants shall be liberally construed together to promote and effectuate the fundamental concepts of Stone id e Subdivision. ' Any covenant which is included herein as a condition of the preliminary plat approval and required by the Gallatin County Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in these covenants ' and the governing body of the City of Bozeman. ' SECTION 5. In the event any limitation, covenant, restriction, or reservation of Stone id e Subdivision Covenants is held to be invalid or unenforceable in whole or in part, by any order, judgment or decree of any court, then such decision shall in no way affect the ' validity of the other limitations, covenants, restrictions or reservations therein contained, and they shall remain in full force and effect. SECTION 6. The Association shall accept as a Open Space and Linear Trail System, all land conveyed to it by the Declarant. SECTION 7. At anytime and from time to time following conveyance of Open Space and t Linear Trail System by the Declarant to the Association, the Declarant may construct, reconstruct, refinish or alter any improvement upon or make or create any excavation on or fill upon or change the natural or existing drainage of or remove or plant any trees; shrubs or ground cover upon such Open Space and Linear Trail System if the Declarant shall determine that any such work is reasonably necessary for any utility installation serving any property within Stone id e Subdivision, is reasonably necessary for the construction of any facility for use by the Owners, is desirable in order to provide or improve access to or to enhance the use and enjoyment of such Open Space and Linear Trail System or is desirable to protect, support or preserve any land which constitutes a part of Stone id e Subdivision. rPART I - COVENANTS AND RESTRICTIONS 19 1 1 SECTION 8. Any and all of the rights and powers vested in the Declarant pursuant to the ' Stone id e Subdivision Covenants may be delegated, transferred, assigned, conveyed or released by the Declarant to the Association and the Association shall accept the same effective upon the recording by the Declarant of a notice of such delegation, transfer, assignment, conveyance or release. ' SECTION 9. If at any time or from time to time all or any portion of the Open Space and Linear Trail System is taken by the right of eminent domain or by purchase in lieu of eminent domain, the entire award and compensation shall be paid the Association. No Owner shall be ' entitled to any portion of such award and no Owner shall be entitled to participate as a party or otherwise in any proceedings relating to such condemnation, such right to participation being herein reserved exclusively to the Association which shall in its name alone represent the interest of all Owners. SECTION 10. No Owner through his non-use of any Open Space and Linear Trail System, or ' by abandonment of his lot, may avoid the burdens or obligation imposed on him by the ,stone id e Subdivision. SECTION 11. Any notice or other document permitted or required by the ,stone id e Subdivision Covenants may be delivered either personally or by mail. If delivery is to be made by mail, it shall be deemed to have been delivered to the Association twenty-four (24) hours after having been deposited in the United States mail, postage prepaid, addressed to the ' Stone id e Subdivision the address designated by the Association from time to time, and shall be deemed to have been delivered to the Committee twenty-four (24) hours after having been deposited in the same manner addressed to the Committee in care of the Stone id e ' Subdivision at the latter's then current address. ' Delivery by mail shall be deemed complete to an Owner twenty-four (24) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the Owner at his address filed with the Association or the Declarant. Where there is more than one Owner of a lot, the delivery personally or by mail to any one Owner of the lot shall be effective delivery to all Owners of such lot. rIN WITNESS WHEREOF, the Declarant has executed this declaration the day and year first above written. t ' PART I - COVENANTS AND RESTRICTIONS 20 1 Cape\France Enterprises, Inc. ' Dated JOANNE L. PE ' Dated GRACE E. FRANCE STATE OF MONTANA COUNTY OF ' On this day of .20 before me, a Notary Public for the State of Montana personally appeared JoAnne L. Cape and Grace E. France, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledge to me ' that they executed the same. ' Notary Public for the State of Montana, residing at , Montana. ' My commission expires COVENANTS revised 1 1 t i i ' PART I - COVENANTS AND RESTRICTIONS 21 1 • • 1 � ,Stone i0dAe � run 1 SUBDIVISION 1 1 � Development � Manual 1 1 1 1 1 PART II ' IBVLnWS BYLAWS OF Stone id SUBDIVISION,PHASE I OWNERS ASSOCIATION ARTICLE I DEFINITIONS 1. "Association" shall mean and refer to Stondidae Subdivision,Phase I, Owners Association. 2. 'Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions, and Restrictions. 3. "Lot or Tract" shall mean and refer to any of the lots or tracts of land on the recorded Final Plat of the Properties. ' 4. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, , of the fee simple title to any lot or tract which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. ' 5. 'Declarant" shall mean and refer to Cape-France Enterprises, Inc., its successors or assigns. 6. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the office of Clerk and Recorder, County of Gallatin, Bozeman, Montana on t7. "Member" shall mean and refer to those person entitled to membership in the Association as provided in Article III. 8. 'Board of Directors of the Association" shall mean and refer to those persons who administer the Project on behalf of the Association. ' OFFICIAL tone id ARTICLE II e SUBDIVISION ASSOCIATION ADDRESS #16 North 9th Avenue Bozeman, Montana 59715 ARTICLE III MEMBERSHIP 1. Eligibili1y. Every Owner shall be a member of the Association. Membership shall be ' appurtenant to and may not be separate from Ownership of any Lot or Tract, and Ownership of a Lot or Tract shall be the sole qualification for membership. Ownership of a unit within a multi- family housing tract shall constitute one member. 2. Rights of Membership. Each member is entitled to the use and enjoyment of the tone * a Subdivision Phase I area including roads and open space in accordance with the ' Declarations of the member subdivision and these bylaws. Such rights may be delegated to and exercised by all members of his/her family who reside upon the property or in the home of any member having an interest in the commercial and industrial tracts, any tenants who reside there under a lease approved by the Board of Directors and the guests of any thereof. Voting. Voting by members of the Association upon any matter allowing or requiring a ' vote of the members shall be as follows and as described in Covenants and Restrictions Part I, Section 2: ' 1. Multi-family residential -there shall be one(1)vote per share (housing or living unit). Each multi-family lot or tract will be initially assessed three (3) shares per acre. This will continue ' until completion of all construction on the lot or tract. Subsequent to completion, the lot or tract will be assessed a number of shares equal to the actual number of dwellings constructed. ' 2. Commercial and industrial lots - there shall be three (3)votes per acres rounded to the nearest acre. ' If an Owner includes more than one person and/or entity, the vote for said member shall be cast in such a manner as the persons and/or entities constituting the same shall determine, but the decision of the Board of Directors, with regards to the authority conferred upon one or more ' Owners or other representatives by the Ownership in casting the one vote of the Ownership shall be conclusive and binding. 2 t ARTICLE IV MEETING OF MEMBERS ' 1. Annual Meetings. The annual meeting of the members shall be held at the office of the Association specified in Article H above or at any other address specified in the Notice of Meeting, on the first Monday in May of each year. ' 2. Special Meetings. Special meetings of the members for any purpose may be called at any time by the President or by any three or more directors or by the members as stated below. The ' Secretary shall call a special meeting upon written request of one-fourth of all of the votes of the entire membership. ' 3. Notice. Notice of meetings shall be given to the members by the Secretary. Notice may be given to the members either personally or by mailing a copy of the notice. Postal notices shall be mailed to the address appearing on the books of the Association. It shall be the responsibility ' of each member to register his/her address and any changes in address with the Secretary. Notice of any meeting, regular or special, shall be given not fewer than 10 nor more than 50 days in advance of the meeting and shall set fourth the purposes of the meeting, contain a list of all items ' to be voted upon by the membership, and set forth the time and location of any such meeting. Only those items listed in the notice may be voted upon by the membership at the meeting unless the membership present, at a duly constituted meeting approves by 60 percent of the eligible votes ' present at the meeting, whether in person or by proxy, to discuss and vote upon matters not con- tained in said notice. ' 4. Quorum and Proxy Voting. At any membership meeting, a quorum for the transactions of business, shall consist of at least 60% of the eligible voters either by their presence in person or by ' proxy. All proxies shall be in writing and filed with the Secretary at the commencement of the meeting. Any proxy given more than 11 months before the date of the meeting shall be void. ' 5. Procedum. The Board of Directors shall provide a procedure to validate the voting at all meetings. Unless otherwise specified in these bylaws, any matter voted upon at any membership meeting shall be approved if it receives the approval of more than 50 percent of the eligible votes in attendance at the meeting, whether in person or by proxy, so long as a quorum is present, as required by these bylaws. PART 11 -BY LAWS 3 ' ARTICLE V BOARD OF DIRECTORS ' 1. Membershipand Powers. The Association shall be governed go d by a Board of Directors in accordance with the Declarations and Bylaws. There shall be five members on the Board of Directors, one of which shall be appointed by the Declarant or its heirs and assigns. The Board of Directors shall have the following power: (a) to appoint and remove, for cause, agents and employees of the Association, prescribe their duties, fix their compensation, and require of them ' security or fidelity bonds, as it may deem expedient (nothing contained in these bylaws shall be construed to prohibit the employment of any member, officer, or director of the Association in any capacity whatsoever); (b)to publish and enforce rules and regulations governing the use of ' the member subdivisions and facilities when said rules and regulations have been properly adopted at a membership meeting; (c) to enforce the restrictive covenants and amendments of the member t subdivisions; (d)in the event any member of the Board of Directors shall be absent from three consecutive meetings of the Board of Directors, the Board may, by action taken at the meeting in which such third absence occurs, declare the office of said absent director to be vacant; and, (e)to ' collect assessments when authorized as set out below; (f)to make contracts, borrow money and engage in any other activity necessary to carry on the purposes and functions of the association. ' 2. Duties. It shall be the duty of the Board of Directors (a)to cause to be kept a full, true, and accurate record of its acts and association affairs and to present a statement thereof to the members at the annual meeting of the members or at any special meeting when requested in ' writing by one-fourth of the full membership; (b) to supervise all officers, agents, and employees of the Association, and to see that their duties are properly performed; (c) to supervise the voting procedure, as set out below, for the adoption of all regulations and assessments. 3. Adoption and Enforcement of Assessments. The Board of Directors may enforce only Y those assessments which have been properly adopted by approval of a quorum of the eligible votes present at any duly constituted meeting of the Association, whether in person or by proxy, except that an annual minimum assessment of$20.00 per lot or as specified herein shall be in effect beginning with the adoption of these bylaws. The amount of said minimum assessment may ' be changed by majority vote at any annual or special membership meeting. Once it has been determined that an assessment has been adopted, the Board of Directors shall publish and enforce ' the same and immediately proceed to make the assessments required thereby in the manner set out below. Publication shall be accomplished by mailing the adopted assessment to the membership at the last known address registered with the Secretary of the Association. Subsequent to each assessment vote, whether the proposed assessment is adopted or not, all materials submitted to the Board of Directors by those sponsoring the proposed assessment, including but not limited to, signature sheets, ballots, tally sheets,-and other records of any nature relevant to the assessment shall be retained by the Secretary of the Association. All such materials ' PART 11 -BY LAWS 4 shall be kept by the secretary for a period of not less than one year. All such materials shall be available for inspection by the members of the Association or their representatives, including their attorneys, upon written demand made to the Secretary at a time and place reasonable under the circumstances. t Nothing in these bylaws shall preclude the members of the Association from sponsoring and p p g voting on more than one proposed assessment per meeting so long as each proposed assessment ' is clearly set out in the notice of meeting. Upon adoption of an assessment against members of the Association, such assessments shall be ' made by dividing the total assessment required by the number of lots in the Association. Enforcement by the Association of any assessment shall be, but is not limited to, any of the ' following: liens, injunctive relief, or damages. Assessment liens shall be governed by the Mechanic's Lien Law-of the State of Montana, including the provisions therein providing for ' attorney fees. 4. Vacancies. Vacancies in the Board of Directors shall be filled by the affirmative vote of a ' majority of the remaining directors, though less than a quorum of the Board of Directors, and any such appointed directors shall hold office for an unexpired term of his/her predecessor in office. ' ARTICLE VI DIRECTOR MEETINGS t 1. Annual Meetings. The annual meeting for the Board of Directors shall be held immediately following adjournment of the annual membership meeting, provided that the Board of Directors may, by resolution, change the day and hour or the place of holding such regular ' meeting. 2. Notice and Waiver. No notice need be given for the annual or any regular meeting of the Board. Notice of any special meeting shall be sufficient if mailed to each director, postage paid, at his/her address as it appears on the records of the Association, at least three days before the meeting or given personally or by telephone not later than the day before the meeting. No notice need be given to any director who attends the meeting or to any director who, in writing before or after the meeting,waives such notice. 3. Special Meetings. Special meetings of the Board of Directors shall be called by the Secretary upon request by any director. The action of a majority of the Board, although not at a regularly called meeting, shall be valid and effective in all respects if the record of the meeting ' shall be assented to in writing by all members of the Board. ' 4. Quorum. At all meetings of the Board, four members of the Board of Directors shall constitute a quorum and, except as otherwise provided by law or by the bylaws, the act of a tPART H -BY LAWS 5 • 0 Association all notes, leases, mortgages, deeds, contracts, and all other written instruments ' authorized by the Board, except where the Board shall delegate the execution thereof to some other officer or agent of the Association. ' 4. Vice President and Duties. The Vice President shall perform all of the duties of the President in the event of his/her absence or disability, and when so acting shall have all of the powers and be subject to all restrictions placed upon the President. 5. Secretary and Duties. The Secretary shall act as Secretary of the Board of Directors and shall record the votes and keep the minutes of all proceedings in a book to be kept for the purpose. He/she shall sign all certificates of membership. He/she shall keep the records of the Association. He/she shall record the names and addresses of all members of the Association, shall ' see that all notices are duly given as required by the bylaws or applicable law. 6. Treasurer and Duties. The Treasurer shall receive and deposit, in bank accounts approved ' by the Board, all monies of the Association and shall disburse funds as directed by a resolution of the Board of Directors; provided, however, that a resolution of the Board of Directors shall not be necessary for the disbursements made in the ordinary course of business conducted within the ' limits of a budget adopted by the Board. The treasurer shall sign all checks and notes of the Association. ' 7. Books and Accounting. The Treasurer shall keep proper books of account and cause an annual audit of the Associations' books to be made by a certified public accountant at the comple- tion of each fiscal year if the Board of Directors so instructs. He/she shall prepare an annual t budget and annual financial statements and the budget and financial statements shall be presented to the membership at its annual meeting. ' ARTICLE IX BOOKS AND PAPERS The books, records, and papers of the Association shall, at all times during reasonable business hours, be subject to inspection by any member. 1 1 ' PART II-BY LAWS 7 ' ARTICLE X AMENDMENTS ' l. Amendments. The bylaws may be amended at a regular or special meeting of the members by a 60% vote of a quorum of the membership present in person or by proxy, and provided further that any matter stated herein which is not in accordance with the restrictive covenants may ' not be amended except as provided therein. ' Cape-France Enterprises, Inc. ' Dated ' JoAnne L. Cape Dated 1 Grace E. France STATE OF MONTANA COUNTY OF On this day of .19 before me, a Notary Public for the State of Montana personally appeared JoAnne L. Cape and Grace E. France, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledge to me that they executed the same. Notary Public for the State of Montana, residing at , Montana. ' My commission expires PART II -BY LAWS 8 1 • 1 � Stone l(gq-e -. � PUD � SUBDIVISION 1 1 � Development � Manual ' 1 1 1 1 1 ' PART II[ ' ✓DEVELOPMENT GUIDELINES t ' IX. SITE PLANNING ' General: The developer realizes that,Stone Ld e. will be a long term undertaking and that it would ' be very difficult to provide a set of architectural design guidelines describing the specific character which will be desirable and which would be appropriate for the wide range of uses and occupancies in this development. It is even more difficult to predict the changes in accepted ' architectural treatments which will evolve in this time of ever-changing technology. To fully define an architectural character may become a hindrance to the process of high quality ' development. Therefore, to that end these site Planning guidelines are intended to establish a high quality setting allowing the integration of architecture which expresses the changes in technology and architectural evolution. It will be the intention of these guidelines rather to more specifically ' control the treatment of the public areas, streetscape, pedestrian areas, and landscaping to create a setting in which a wide variety of individual buildings of high quality can exist in harmony. ' Objectives: A. Building Siting Building siting shall be responsive to existing features of terrain, drainage patterns, rock outcroppings, vegetation, views, and sun exposure. ' Landscaping and grading for any site shall interface with all adjacent properties. The Owner shall indicate the means of accomplishing this interface in his landscape plan. B. Building Height ' Objective: To maintain a reasonable, consistent and compatible height profile throughout ,Stone �d e ' Subdivision. ' Guideline: ' 1 ' The height of all buildings shall be governed b the City of Bozeman Zoning Ordinance. g g g Y Y g ' C. Building Site Coverage ' Objectives: 1. To insure that the intensity of site development is not excessive or detrimental to the perception of Stone id e Subdivision being an inviting entryway corridor. 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, visual, and recreational value of the master plan and its development concepts. ' Guideline: Site coverage shall be limited by restricting impervious surface area to a maximum as defined by ' the City of Bozeman Zoning Ordinance. D. Landscape Coverage ' Objectives: ' 1. To insure that a considerable 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 Stone Ld e Subdivision as a "park like" environment. 2. To insure that sufficient materials are utilized on a development site in order to contribute ' to the environmental 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. Guideline: 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, see Landscape Guidelines). E. Street Setback ' Objectives: 2 1. To achieve a feeling of openness along the entryway corridor and streets that reinforces the perception of stone id e Subdivision as a quality addition to the entryway corridor. 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 P g suggest a "view corridor" sensitive to both pedestrians and vehicles. ' 4. To provide for a street-side edge which will have a landscape character that will unify the P g P fY total development and be sufficiently distinctive in design to differentiate stone id e Subdivision ' from other developments. ' 5. To provide vehicular site lines which allow discrimination of one company from another. 6. To provide vehicular site lines which allow safe ingress and egress to properties and safe ' movement along roadways. Guidelines: 1. No building or parking shall be permitted to be constructed closer than 15 feet (15 ) from ' the curb of a private drive fronting property lines, 7 feet (7') on lots zoned B-1, and 20 feet (20') on lots zoned R-0 from public street fronting property lines exclusive of North 19`'Avenue. Side and rear yard setbacks shall be in accordance with requirements of the 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 the SRDC. Roof overhangs may extend a maximum of 18 inches into setback areas. If any driveways and parking areas are located 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 minimum setback lines shall be landscaped in accordance with City of Bozeman Zoning Ordinance and the comprehensive landscape plan for Stone idge Subdivision, 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 compatible with and complimentary to the landscape easements as the on-site architectural 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(40')distant tfrom 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. Private drives: ' In Phase one, private drives have been designed to more appropriately accommodate the intimate relationship between the pedestrian trails and the waterway. Because these private drives ' have a smaller setback requirement additional screening and landscaping will be required between these areas and parking or other uses. The illustration below or a similar solution acceptable to the planning staff and the review committee will be required at all these locations. ly ' F. Interior Property Line Setback (Side yard) ' Objectives: 1. To provide a definite physical separation between buildings on adjoining lots suitable for ' distinguishing separation of properties. 2. To allow companies on adjoining lots to be individually identifiable. 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 ten feet (10'). t 2. No parking, other than automobile overhangs, shall be permitted to be constructed closer than twenty-five feet (25'.) from a public street-fronting property line, fifteen feet (15') from a private drive fronting property line, or ten feet (10').from an interior property line (side yard). 3. All setback areas shall be fully landscaped in a manner both compatible with and complimentary to Stone id e Subdivision and associated landscaping easement, on-site architecture and landscape design concepts. ' G. Setback From Creeks and Drainage Objectives: 1. To provide natural appearing landscaped pedestrian corridors. ' 2. To protect the integrity of the property during storm runoff. 3. To contribute to the perception of Stone id e Subdivision as a "park-like" environment. 1 Guidelines: t1. No building, parking facility, sign, or other structure, or development shall be permitted to ' 4 r 1 r S. Private drives: In Phase one, private drives have been designed to more appropriately accommodate the ' intimate relationship between the pedestrian trails and the waterway. Because these private drives have a smaller setback requirement additional.screening and landscaping will be required between r these areas and parking or other uses. The illustration below or a similar solution acceptable to the planning staff and the review committee will be required at all these locations. i ' w V w z z L J J J )" U) zww U ul S a w w 41 U) U1 ~ L�ND3CAPC-D RETAIMNG W1 BERM W w W4LL I I CONC.WAL4�� LANDSCAPED 1 BOl.LEVARD moon� �ttIIH r i 'lll'I'1 .I`�+N-5'- 5'_6•- Z9'PRIVATE DP,IVE U111111111UH1111(1111(if!!!71 S• y-IS'SETBACI'-M JC'UTILIT7 H GCCE 35 EA3EM EI+T � PRIVATE DRI\/E STREETSGAPE r r . r r r r r r ' be constructed closer than thirtyfive feet 35' from the waterways unless approved in writing b ( ) Y PP g Y the Declarant and the City of Bozeman. 2. Any parking area that abuts the pedestrian trails and associated Waterway and Pedestrian ' Trail Zone shall be screened on the side that faces the stream. Such screening shall consist of landscaping or berming not less than thirty inches (30") in height above the surface of the parking area. 1 ' H. Parking Requirements Objective: ' 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 establishments. 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 subdivision 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 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. A minimum of one designated "handicap parking" space, twelve feet (12) in width, shall ' be provided for every 25 parking stalls. 5. Designated "cycle parking" areas should be considered for the convenience of employees ' using bicycles or motorcycles. In order to avoid the clutter of cycles parked in unplanned locations, it is recommended that planned cycle parking areas be conveniently located to ' employee entrances and be provided with racks having security locking capabilities. I. Access and Drive Locations Objectives: ' 1. To have access drives located such that vehicular traffic arriving at and leaving,b from lots, as well as traffic passing continuously on streets, flows at an optimum level of efficiently. ' S 1 2. That the continuity of street-side landscaping is minimally disrupted by the construction of ' access drives. ' 3. That utilities located in the landscape easement zone are not or are only minimally disrupted by the construction of access drives. ' 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. No curb openings are allowed along the entire length of property lines fronting on N. 19th Avenue. ' 2. Access drives should be coordinated with adjacent lots so as not to impede the efficient J P 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. ' 5. Joint access driveways centered on lot lines will be encouraged and allowed as part of the joint development of parking or vehicular access. The Owners of both lots must indicate their agreement in writing. Maintenance of common access driveways will be shared equally unless ' otherwise agreed to in writing. In the event of joint access driveways, landscaping and setbacks from other lot lines will be in accordance with the Bozeman Municipal Code. J. Sidewalks ' Objectives: ' 1. To provide a safe (separated from vehicles) all-weather efficient and aesthetically pleasing means of pedestrian circulation service 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. Guidelines: ' 6 1. City street sidewalks will be installed as each phase of Stone id e Subdivision is ' approved and developed. 2. 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. t 3. 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. ' All significant intersections between pedestrian traffic and vehicular traffic within the subdivision ................................................. ..................... ............................................................................................................................................................... .. ......................... ...... PEDESTRIAN?RAIL CONC.Y.'!.•.L:; __..............................._..........................._....... ..............;_._..---.,._:.............................................. ;....... 1 J. : ........ PRIVATE i SiMLLA T ED ' CRGSSWALV i ; ........,.. .... ......... ..... ............... : ... ..... . { J S ..: ................. .........._.........._........_.........<_..._.............................. .. -, r�:n.wa.vax.xee(h cua�e.�: l :sc:marm rm��+lM'.•• r ....":Es<ond:;:nlqd: ..y be �i'.. A✓�•t�f' •• will be treated as illustrated above. Alternate solutions which express the same character may be ' approved by the review committee and the planning staff. ' K. Storage, Service, and Loading Areas ' 7 1 M � r . 1 . ..................................................................................................................................................................................................................................................................................... ............................. ................... __ ................................. .......... .......................... ........... ............ ........ . .......,............... .......... . .............................................. ....................................................... PRIVATE C-P................................. VI i.:............ i-ANDSCAPED .......... ...... .... ............. ........... r _ _ ............ .............. -4:iDSCAPED ......... .............. ......... .............................. .............................. .................................... Section 2.2 HERRINGBONE TEMPLAT S *NOTE:DRAWINGS ARE NOT TO SCALE* Product Number: Weight: ' 11-1-120 13' 13.962m 77 Ibs 35 kgs lE Description: a Area: ' Herringbone 13'W x 61 84.483 ftl 7.849 m2 Brick Size: Stocked Item 9-3/4" x 4-7/8" 1 24.8x12.4cm Product Number: a'10-1iz" / 1.4lili m Weight: 11-1-121 1E > 39 Ibs 17.69 kgs Q � Description: E Area: �\\ Herringbone 5'W x 8'L 39.620 ftZ 3.681 nilg � " Brick Size: Stocked Item 9-3/4" x 4-7/8" ' 24.8x12.4cm `o Product Number: Weight: ' 11-1-122 10 Ibs 4.54 kgs 4'10-112" 11.486 m Description: E Area: Herringbone 5'W x 21 E� 9.901 ftz 0.920 mZ Brick Size: M Stocked Item 9-3/4" x 4-7/8" " ' 24.8x12.4cm Product Number: Weight: 11-1-123 4lbs 1.81 kgs ' Description: E 2'SAM" 0.743 m Area: Herringbone o E 4.951 ft' 0.460 m2 8 Brick Diagonal q , Stocked Item Brick Size: N ' 9-3/4" x 4-7/8" — 24.8 x 12.4 cm Product Number: Weight: ' 11-1-124 8 Ibs 3.63 kgs 3'3" / 0.991 m Description: Area: Herringbone o 9.248 ftl 0.859 mZ ' 16 Brick Diagonal Brick Size: Stocked Item 9-3/4" x 4-7/8" " ' 24.8x12.4cm Order By Phone: N.A.(800)688-5652 Visit our website:www.streetpt'int.com Order By Fax: N.A.(800)720-1481 ' IntT+001 (604)574-7510 Intl:+001 (604)574-7520 fro�s'j.;•< ',��N�y�iu.��',:°;rr,^..<ry,: ;�,zt-. � �v:.•;;�s,, ,.g? � N Z` I! E /i I '�i4xry II f li S? I %F: I i :`i�i?%z'.'3;>�;%ii';?b''fly.i'?'`•�:(. ":S.arl:2izi'': .......:.::.... .... a.s Y r l !js �- � �r �'_ r�. x � d , 5 F - �^�/ ..,..;� x / lt�L`�G� � v .�w� •"x;t� ;+may�3 � , AWN M. ME- .CS es. .p i y. YYS + D :b'iC yam(clog .ta¢ ::{;'' n'w'(:2. .k $t rjS:^ , kt'' .y, fix. •C✓U.9" ,., ,i,�,riS.'' / x "Y a��'":C�� "',•ri`l3 ::r,^,:�. '�g':.' Y's,�7 4"xa,°w''{S;^.x• »�.,�tt ��s�,..' i�f� i^, ai�i`>%"•�L°��`�'.^ .cy� :ai"',."�'nC;;"c'eS::�,:3'.aS�•e'i::,.. ��' �i. .'0+'<, 'hc'.>.�;�%' rs✓srr, � ;lye t ;�5 ' INTEGRATED PAVING CONCEPTS ZINC . #102 - 17957 - 55 Ave, Surrey, BC Canada US 6C4 Tel +001 604 574-7510 • Fax +001 604 574-7520 Tel (800) 688-5652 s Fax (800) 720-1481 • Internet info@streetgrint.com Visit our web site: www.streetprint.com I i Ow To Read The Product Catalog: 1 j Template dimensions, weight and area are provided for shipping Always quote the and project planning purposes. Product Number when Use Description placing an order. when ordering for Measurements are centerline to ' easy identification. centerline of cable material. ' Product Number: eight: i 10-1-100 �z s-��s" 13.832m 79 lbs. 35.83 kgs I ' Description: E Area: Offset Brick 12'W x 6'L 81.711 ftZ 7.591 mZ i ' Brick Size: Stocked Item 8-7/8" x 4-7/8" inches 22.5 x 12.4 cm 1 ' "Stocked items" are available for This measurement is centerline to immediate shipment. centerline. ' "Non-stocked Items" are built to order Remember to check brick size when and have a 5 business-day production ordering. time. ' Irregular brick sizes are noted. ' How To Place An Order: By Phone: By Fax: ' 1. Have your customer name, shipping 1. Include your customer name, shipping address, and delivery instructions ready. address, and delivery instructions. 2. Have the item name / number and 2. Include the product name / number and ' quantities needed ready. quantities needed. 1-800-688-5652 1-800-720-1481 +001 604 574-7510 +001 604 574-7520 ' Monday to Friday Monday to Friday ' 7:00am - 5pm PST 7:00am - 5pm PST Order will be confirmed upon placement. Picking ticket will be faxed as ' confirmation. 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. ' 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 tractors, or other motor vehicles, shall be permitted only if: ' a. The material, equipment, or objects stored outside are incidental to the activities regularly conducted on the premises. ' b. The area devoted to outside storage does not exceed fifteen percent (15%) of the gross floor area of the principal structure on the site. ' c. The area is screened from public view and harmonizes with the architecture, design, and p g appearance of neighboring structures and surroundings. d. The area is located upon the rear and/or side portions of a lot, unless otherwise approved by the Declarant. e. Outside storage areas must comply with all applicable building setbacks. ' 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 IX-H 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 ' seventy-five feet (75') 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 feet 8 ' 12' b thirt -five feet 35' . ( ) Y Y ( ) L. Refuse Collection Areas ' 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. ' Guidelines: 1. All outdoor refuse containers shall be visually screened within a durable six foot(6')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. ' 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. ' M. Screening of Exterior Mechanical Equipment ' Objective: 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. ' 9 ' 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 required screening, mechanical equipment shall be screened by ' an unobtrusive screening device that will appear as an 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 neat and compact fashion, and shall be painted ' such a color as to allow their blending with their visual background, or to match the color of pitched roofs. t5. 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. N. Screening of Exterior Electrical Equipment and Transformers r Objective: ' 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 1 and recreational amenity areas, etc.). Guidelines: ' 1. Transformers that may be visible from any primary visual exposure area shall be screened t10 ' with either lantin or a durable enclosure(configuration acceptable to Montana Power Co an . planting ( g P p Y) Where possible, it is recommended that refuse containers and transformers 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 wherever 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 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 and 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. 0. Fences and Walls ' Objectives: ' 1. To permit the installation of fences and walls within a lot for the purpose of site security, sound attenuation, 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. 4. To discourage the construction of walls and fences except as necessary to screen outside tstorage, 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 or in fronting streets. 6. To avoid visual impact on the common areas including its associated creeks, ponds, and ' landscaped user spaces. ' 11 Guidelines: 1 1. No fence or wall shall be constructed closer than fifty feet (50') from the curbline of a ' fronting street, unless approved in writing by the Declarant and the City of Bozeman. 2. No fence or wall shall exceed a height of eight feet zero inches (8'0") 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. No wall should be constructed if it faces the creeks or associated common areas. Fences that ' face the creeks and associated common areas are discouraged, but chain link fences should be allowed if approved in writing by the Declarant and if placed outside any required setback from the creeks and their common area. 5. 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. 6. Where chain link fencing is to be employed, 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.) P. Utilities and Communication Devices ' Objectives: ' 1. To have all of Stone id e visually free of unsightly overhead power and telephone lines, utility poles, and other utility and communication equipment and components. 2. To protect off-site utility systems from 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. 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 ' 12 1 i • 1 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 1 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 1 to, telephone, television, and radio should be placed on any lot so that it is not visible from five feet zero inches (5'0") above the ground or ground floor level at a distance of two hundred feet (200') in any direction. 1 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. Q.i Grading ' Objectives: 1. To encourage site design which protects buildings and business activities from damage or 1 disruption during storm conditions. 1 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. 1 3. To have site grading compliment and reinforce the overall architectural and landscape design 1 character. Guidelines: 1 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 & Rs) No construction or placement of berms, 1 landscaping, or structures shall occur in this area without written approval of SRDC and proper governmental agencies. Alteration 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 the surface area and volume remain the same or are increased. 1 13 1 1 • � 1 2. The building sites have been provided with a surface grade to the creek and pond detention 1 system. The grades on the 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 facility is required on each lot unless otherwise approved in 1 writing by the Declarant. (Specific site drainage plans shall be prepared for each individual project.) 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 1 flooding of buildings. These easements may to be obstructed by berms, structures, or unauthorized landscaping. (Specific pad elevations for each site must be approved by the project civil engineer.) 3. Exclusive of Phase I no retention/detention ponds for stormwater runoff from the streets and individual lots, shall be permitted in the designated street corridor for Catron Creek. ' Retention/Detention ponds in Phase I that encroach into the stream corridor shall be landscaped per the guidelines, outlined in Section XI- Landscape Guidelines. 1 Given that project architecture and building sites with,Stone id e will most likely be of varying types and sizes, landscaping as a design element will play the key role in creating and conveying 1 the overall character of,Stone id e as a "park like" working environment. The purpose then, of these Master Landscape Design Guidelines, is to provide design criteria which will help to insure that ,Stone icf e achieves an image that is distinctive, clearly understandable, and unified. 1 1 1 14 1 1 • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 X. ARCHITECTURAL GUIDELINES ' General: ' The developer realizes that Standidae. will be a long term undertaking and that it would be very difficult to provide a set of architectural design guidelines describing the specific character 1 which will be desirable and which would be appropriate for the wide range of uses and occupancies in this development. It is even more difficult to predict the changes in accepted architectural treatments which will evolve in this time of ever-changing technology. To fully 1 define an architectural character may become a hindrance to the process of high quality development. To that end these guidelines are intended to establish a high quality-of architectural design while allowing the flexibility to adjust and evolve with changes in technology and ' architectural evolution. It will be the intention of these guidelines rather to more specifically control the treatment of the public areas, streetscape, pedestrian areas, and landscaping to create a setting in which a wide variety of individual buildings of high quality can exist in harmony. 1 These Guidelines will be used to evaluate projects submitted for approval and will be adhered to ' as a requirement of approval for construction prior to the issuance of building permits by the City of Bozeman. ' Objectives: ' 1. To create the highest quality development possible within the subdivision and to encourage the same level of quality in adjacent and nearby developments. ' 2. To encourage high quality, contemporary architectural design of all facilities to be constructed with tone id e. ' 3. To encourage businesses located within tone id a to express themselves individually through the architectural design of their facilities and to encourage highest quality commercial, ' professional and office development Guidelines: 1. All design shall appear as an integrated part of an overall site design concept. ' 2. "Period buildings" will not be encouraged. Contemporary building forms and materials and excellence in design will be encouraged in the approval process. ' 1 ' 3. Pre-engineered metal buildings or metal clad buildings will be permitted only if designed by the project architect and only if specifically approved in writing by the Declarant, and by the ' City of Bozeman planning staff. The planning staff may also require the approval of the SRDB. 4. Design consideration must be given to: a. Relationships to open space , pedestrian circulation, waterways and landscape features on and adjacent to the site 1 b. Views of the architecture from pedestrian and vehicular perspectives C. Expressions of the facility's functional organization e. Expressions of the individual character of each business 1 f. The satisfaction of physical, psychological, social, and functional needs of facility users g. Orientation of buildings in relation to major streets and thoroughfares ' h. Vehicular vs pedestrian flows I. The character of surrounding developments j. Solar orientation, climate, and solar reflection k. Potential environmental hazards 1. Enhancement of the overall landscape M. Energy conservation through facility design 5. Consideration must be given to the incorporation of design features such as: 1 a. Landscaped entrance drives b. Enriched visitor parking areas ' C. Highlighted pedestrian areas d. Decorative plazas and walkways e. Focal site feature such as landscape areas and exterior sculptures 1 f. Enriched passive recreational areas g. Employee recreational facilities h. Accent landscaping 1 I. Accent lighting j. Atriums and interior courts ' k. Dynamic building and roof forms 1. Striking window patterns M. Light and shadow patterns n. Color accents 6. Although it is not the intention of these guidelines to establish a "unified theme", the ' following_ criteria will apply to exterior building design in terms of general qualitative considerations that will be made regardless of architectural style or character: 2 1 1 tone id a Building Design Guidelines. RoQf Forms: The entire Planned Unit Development is visible from North 19th Avenue which sets relatively high in relation to the buildings and site improvements. This being the case, the thought given to the appearance of the roof design and materials is even more important than typical. Roof forms and their relationship to landscaping, parking and driveways, wall massing and other roof forms will create a very large part of the overall impression from North 19th Avenue. With this ' in mind, the following design guidelines must be satisfied. All roof mounted equipment including, but not limited to HVAC units, vents and miscellaneous ' penetrations must be integrated into the overall roof design. No exposed mechanical equipment will be allowed if it is visible from a point 6' above finished grade of the site or North 19th Avenue from a distance of 500'. ' This document is not intended to limit roof forms with the exception that an major roof forms P Y J which are pitched and visible will be a minimum of 4:12; minor roof elements such as dormers, ' porches, or entrance covers will be a minimum of 6:12. Any flat roof will be screened from view as described for mechanical equipment above, and parapets or roof mounted screens must be integral to the architecture of the building and have materials and details which are ' complementary to the wall massing, fenestration, and overall architectural concept. :.::.:::...........:....:::.:... 1 3 .......... r � r �.. Y 'F. � ,1 •.a�Y•?.. .G•b••r.�, ..�� :�.� .�r.:Ci`IfS%'S 1IW�e =.iYYI'Sv�i AN n. . e Roof forms are specifically described in Section VM, Commercial ' r. ,. �r,.:-fir ` � �--� ` Definitions. i i i — •-;;;,,;,��.• :�i�°• .,ice•. i i::.�!� •' ;;a; ;, ................................... t ' 4 N�. :'«':.•`: :ix"S.,:Y4:.•. :�.`.'�:; aye. c.;rr�A�... y y}yc. m r.Y:;S}?;L::?v::.n ...+k'ba:. ±}::�+::;$}: ,:}:4:•iv_,.,}?{{}}}?•iS`.;�"•v..::V:jTvr.•`j,:ivv`�•}v.. ..�. .Fr`: r +�. .rr,.�".+•..a.:\a:afy:;<f:�3{•>:•::::>:;•::::}:}: {;ti::.:t:::t:::..,:....... ,\:..:}..;. / l S+"�4i f✓ f 'Y #•::.;rivh. 3%'.:�'(: n.3... :.}......:v.•rv,•r:::rv,..:::?`.'v:;:::;:.ii::::.::q.{?.r?: v�3f f yn. r. .rr....:... ..:.:::.}..:.::?';•.v•x v.::::v.v'v:'t.^_.}?•;.S:i.3;:;::a}:^:tii;•??.:::::.v.:}}}:{::::... ::..... ......... �::• r ern ...........:.:::. / ,�%3-:'Y/• nl., /:J.XIf..;�, a:}.vr?::C:••}.:•:••?�}.\•:^:..}.. .�..:.v�:::•::w:::•::::.;r:::::::-:..v::v:,::::::.:::y:::i:?i:::}?::}:•}>:v}:::w:>r>:••i:, .r: r�r! ..� .....:...;..... ,,.:vr••}•.....:v.::..........::::::::�:•::..........,....w:::..:.::•::::::::v:::::;::v.,�S:}}:S i�S'%.'•:>t:"::�'}}:y}%:}}}{;?•t /r ?n/.:fir/?/r/r' %�+%//Yll'%::S:S:'::?ic..•.:::>n•v..:...wti;:•::.v..v.n,a}..v:,...:_:• ... v}r?}}`kiv,..!r ..n..........:r..u::::.v;.,xn:•:::n•:nw::::::::::.v: v..... x...Q..iw' v /:.+r � /.../r.�i�/rrl:r.rr/r!:.rrr..,:::::.,:;• ,:,.•.,�.,•:::..... :......::�::•::...,......:................. ..............._.:}:}•:::r;.;}isa:%?:?-::?:.;:..;.;ry:ii'nr:.•' :�:;}::,,. .',r /f' .:/.i r3'r i•v h/! r rJ•.r v//. ..., v..}};ni.`:a,}...,v.:•::::....... ..:v., �+• .1 err:?.::::;??}:•i...,;.y::i•}:.,,.:.:-::•.?•::•>:;•::}%•:di:;ai??:<•iii:t;•:;•r:=;•:isi:•i::;::.;.:•:::::::.::.::::::::::::.�:::::.:�::::::.:::....... ..: ................ ...,x. .<.r�,r.r.;S.,..d, r .,✓ :r�rrr:•:r:r:::•:.,.:rr:.c}<;...::}.>.•.•n�:}.,.:.t•::M•.,.:>::.:•.�r::.�.�r.�:.�:...::.::..:.::.::.:�:: a\ ...n. a. 1.,. . - ... ...-.. :•. ............ .n..........: ::::.v;:.::::iiS:? i::4S:i:?v:;(.j::'i3$S:::S:i':..:::n.v.:':::::n:• .:•:,:}::tCr?«?}pyw.}S:}::}::L'ri:}??`,":` i::Yf +:•:.::•:. ..Crs::.... .. .... ..:`•L................ .......... w.:.v:::.;::::.�.v:;::::........, x:::::nv:.:::::nv'r•:..•�'.1. C, ,..:.::::�::.�::. ........ ...... ....-:::.::: :,:::.::::.:..::..::'nv..:..,};:::.}i!:}f^.:: :5?,?:v::::.v::•::�.::••.v::.:::..... K,•}}}i;}:....::w:;;••}:a;.ri};:::.}•{:.:,v ::.ti,.•. .. ..... ....:.;...,,:�:5:nf.:::•:•::3�::::4i:4i:`.>.>.}i:'.a:•iiS:4:an?a{44}.}\'"' ............ ........:........... .......... • .a::}:�ii........ .........::•::::. ,.::ta:a><•:::?;�:i:ii:>::i3S .� :��ti%�:�::•:� >:�33f.':: t�`v,. ! i". -• .#x'=" ?ram...::/Sri •yr,y :r ti .. "`C?.. ,i:;' �: ir."_t3j•.;..f?.,ter:}l:?.:n:•?i�f:.r6•ry(?;;:y;lr'rt,f},,: �y'i:tr: .. ':• ... .... vin:Y. :..>,..,..:: lrr, tWai Fcrnys: t Wa l forms are .3escri':)ed _n Section yTs, Commercial Definitions. In all building design, inc-ad_ng the residential ateas, elements should be introduced into large horizontal or vertical planes to create scale and prcportion which is appropriate for each individual application. Long ' flat facades, particularly in the horizontal plane, will not be acceptable. Openings in the exterior walls, including but not lirrsted to windows and doors, should enhance the appearance of the biking. Pla,_ements of openings and the Cetail at aad around openings should be an architectural ' featur::ra-:her than an afterthought. ' 27'ene!-ction Tre.?b'rrent: In ad-icon:to the.opec:ungs, texture, building units, and scale must be complimentary to the shape ' and orientaticn rf each bu_l.d_ng and on each site. 'The treatment of doors and windows must be Directional text. res in forme] concrete and masonry should create interest and variety. 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C .:r_::, ..:..C.:: � - n:<KL::�?...GitWw-;�'i:)-�...ii`^sr.... .�j:i• is ' cam• <....•.<: - :..' .• ...d�..:->,.....::� .. �s..;;.:.. ♦.. ^«�"'•�:.. ;::�q/ ::<.; R.....• �:... �i:i.:'• w;..ail!""°' -t e:%` n•^n•f t`'1.1'^ �l,•� J R ....Y '•."y,: ` �.F- .. . . '�p��.v�.=( '=`a' :�•: �TIt�eG<.'.BAtQCT.6Y��".+�:�::.^^... 'R'�. '�.•�,'-.�"aS�''�:..,.'.e;i :.??'n''•;-^any :•:• E'. .: .... •�"` - 1r^,•.,-,�,,,,.��.r ,,ins_+]o.. r^ - - �sy3� icy,_ �� .�.�cW:-x;• _ 1 0� ^'/c•r • iw:%IrY 91 t";N R.-�Z- - •� ems; .f ::i y;.�;'�•p a �; :•; I� !I- -.i 1.7? '�;.A..%.`'. j �:"r`,;.:;: � Yt..•f y ::li•.r� =:<`r'-u•yiy �• .:jr'\.:s�;�.��i'. .tip+JCC f'5.,,,, :ti'3 ' i 'j:....: :' .--��^fOL:rsi� .0... _ ... c.-....•�!i ��it:?�'%"vim-------..._- 7-777 i ' Materials: ' It is difficult to establish a list of materials that would be acceptable or unacceptable over the span of years that the development of all of the phases of Stone Ridge may require. However, selection of exterior materials should be appropriate for the scale and the type of building. For example, twood siding would not normally be acceptable on a large scale commercial building, while tilt-up concrete would not normally be the material of choice for a professional office located in a transitional area adjacent to residential. It should be noted that with a skillfully designed solution, many materials may be acceptable. Excellence of design must be demonstrated in any application before approval will be granted by the Stone Ridge Design Committee (SRDC). 1 1 r ' 9 i Y ..ywr>M ...�+ .: �1N R —•ram.. r<< ��: 'v�,.:qi<ir:L'v: .,. J. ?'NKc i .y� :�r•R((i+t fit V* C. 1 Architectural Detail: ' The degree and type of architectural detailing should be appropriate for the type of use, scale, exterior material and orientation of the building. Features such as: chimneys, porches, balconies, ' and roof dormers would be appropriate for the smaller scale professional and commercial buildings. Incorporation of rain gutters, dormers, and porticos can also enhance the smaller scale buildings which may be utilizing the gabled or hip roofs. Details on large scale and commercial buildings ' should be consistent with the exterior material,. height, color, and proportion. See Exhibits D through U in the exhibits section of this volume. ............. --------------- F4%tv.' 10 . ... --..:..� A .'..•:.:� vim`- {� > a -Y w: y .3 ay � I.r � .La.'s° ' ;� ,j .� '1 `��•� :,"rr-.; - .fit F x ' r r � . LL.,_.� �:::%'::`i [>: t.i „g c 'S:� .`t flat � r ;��.�1 x,•. I t •jam;, 'r'i't v i T 3 c w.,. j. .0 Y C 1' moo• '.:i;: �... Ll .::I:"•/`t... .. ,:7C:� .,l�.•ZS. :.5.:-" ;Z,S�!;.tL :t'.:�'.•�v. :•.�w.qj_.:'__'- - ..2 T,�•>':L>�2 1.i f,r`; •- •` '• •- •' t:i; �'q�:` «�nr.ewe ME ,or.ort,w w,ar, ,OY�sbwmlYnra UtMvr2a.wMe�w� wa�nn�wo _ d, 1R.+��:wrrwur.«na...nr n.w YwiT.' wowrmwru� .._ _._... .. .. _ 1 ' Building Color: Other than for signage, graphics and/or highlighting, no intense or bright colors will be allowed for the exteriors of any buildings. Colors utilized will be colors which are considered All major building colors will be earthtones or subdued tones. Building color should be compatible with and ' take into consideration , the colors of any/all surrounding buildings and structures. Any color proposed must be submitted with the information required described in Section VI. of these Development Guidelines and approved by the SRDC. t ' Signage: ' Signage is specifically described in Section XIH. Signage, in these Development Guidelines. ' Site Design: ' Site design requirements are extensively discussed in Section IX Site Planning in the Development Guidelines. ' 12 1 • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 XI. LANDSCAPE GUIDELINES t The developer realizes that StoneWidge will be a long term undertaking and that it ' would be very difficult to provide a set of architectural design guidelines describing the specific character which will be desirable and which would be appropriate for the wide range of uses and occupancies in this development. It is even more difficult to predict the changes in accepted ' architectural treatments which will evolve in this time of ever-changing technology. To fully define an architectural character may become a hindrance to the process of high quality development. To that end these guidelines are intended to establish a high quality of architectural ' design while allowing the flexibility to adjust and evolve with changes in technology and architectural evolution. It will be the intention of these guidelines rather to more specifically control the treatment of the public areas, street scape, pedestrian areas, and landscaping to create ' a setting in which a wide variety of individual buildings of high quality can exist in harmony. ' 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, 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 with tone id a 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 StoneWidge as a "park like" working environment. The purpose then, of these Master Landscape Design Guidelines, is to provide design criteria which ' will help to insure that tonel id e achieves an image that is distinctive, clearly understandable, and unified. ' Concept: As part of the StoneWga Master Plan, a Master Landscape Plan has been conceived to organize, unify and create a distinctive character for the whole development. The Master Landscape Plan recognizes that Stonewidae consists ' of four prominent zones, namely the Greenway Corridor, the Streetscape Zone, the Interior Zone, and the Waterway and Pedestrian Trail Zone. An understanding of the nature of these three zones is important to understanding these landscape design guidelines and their intent. A. Geenway Corridor (19th and West Oak) See 18.43 of the Bozeman Municipal Zoning Code 1 1 9TH VE.NOR i / r s GREENWAY CORR. ZONE ' o STREETSCAPEZONE WATERWAY AND PEDESTRIAN ' TRAIL ZONE INTERIOR ZONE 5TONERI®SE ' B. Streetscape Zone ' 1. Description The Streetscape Zone is one of the primary image setting zones and includes all major streets except N. 19th Avenue and Oak Street. All improvements within this zone will have a high degree of control. Attributes within this zone include: ' a. The Landscape Easement This area consists of 1) a public easement beginning at the back of the street side 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 minumum distance of twenty-five feet (25') along all arterial and ' collector roads and fifty feet (50') along the greenway corridor. 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 XI. Common elements within the public easement include sidewalks, planting, irrigation, street lighting, landscape grading, and project entries. ' Common elements within the private easements may include sidewalks, planting, irrigation, landscape grading and project entries. Signage would be permitted t provided their size, layout, and landscaping are sensitive to the landscape improvements in the public easement, and are in compliance with the current City of Bozeman sign ordinance in effect at the time of review. The following tree species are not permitted within the public street right-of-way: weeping birch, Russian olive, cottonwood, poplar, mountain ash, or any fruit-bearing trees. 1 2 1 - 1 STREET PURL IC PRIVATE VARIABLE 25' i"IIN - 50' MAX 1 b. Entry Median At the major entries to N. 19th Avenue from within the subdivision, there i.s established a ten foot (10") wide median including landscape planting and 1 irrigation. • Z 4 STREET 1 ® o b H Q ' MEDIAN Z 2. Streetscape Zone Design Concept 1 The street scape consists of the interior street system including private drives. i 1 3 1 1 � • 1 1 . ENTRANCES N.19TN:SVEMIE t � - PERIMETER CORRIDOR S�ON�I�IDC�e �aU�l�l�/ISION 1 1. Perimeter Corridors and Major Bisectors 1 There are four perimeter routes and major bisectors namely: N. 19th Avenue, Durston Road, Oak Street and Baxter Lane. Planting along these edges will be mixed rows of conifers, deciduous trees, and lawn placed in selected areas on earthen berms to create a series of mixed groves that provide the overall project with a dramatic green skyline as well as serving as buffers from winds. Entries into the development will punctuate these groves providing highlighted project ' identification. The entrance signs for S t O n e R 1 d g e will be provided along N. 19th Avenue. These entrances will be enhanced with plantings of ' flowering and evergreen trees, shrubs, ground covers, lawn, irrigation, lighting, and subtly sculptured earthen berms. All improvements, including landscaping and berming; within the public street right-of-way must be approved by the City of Bozeman. 1 INFORMAL PLANTINGS 8 LOW BERMS ALLOW FILTERED VIEWS INTO THE CENTER S 1 a VIEWS ' 4 1 1 2. Entrance Boulevards The entry medians from N. 19'' Ave. are to be planted with shrubs, evergreen ' ground cover, and flowers. All vegetation within the medians shall not exceed thirty inches (30") in height. DIM WALK PERIMETER PLANTINGS !? , ENTRY BOULEVARD r.r ' C. Interior Zone 1. Description The interior zone encompasses all exterior elements from the street sca a zone to: 1) P P building walls, 2) the landscape and waterway and pedestrian trail easement identified with the waterways, and 3) the landscape areas between adjoining buildings and open spaces not associated with the streets, landscape easements or waterways. This zone is subject to the needs of each individual tenant and thus is meant to have a greater degree of flexibility ' than the street scape zone. Common concerns within this zone include: parking lot arrangements and landscaping, site lighting, regulatory and directional signing and service ' area screening. 4 W® em&wnm �>.n.s � NU ' 0 wm w w w BUILDING w Q INTERIOR ZONE J ® 5 1 � • 2. Interior Zone Design Concept 1 The Interior Zone of S t O n e will be identified to a large degree by ' individually developed vehicular entries, parking areas, and building landscapes at street- side which should reiterate the formal boulevard-like character of the entries. However, street oriented spaces near the waterways should also be sensitive to the informal and ' naturalistic landscape character identified with the Waterway and Pedestrian Trail 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 groundcover, and lawn. In spaces visually associated with the creeks, less formal or even naturalistic patterns and arrangements may be proposed incorporating conifer and deciduous canopy trees, deciduous flowering trees, evergreen ground covers, ' flowering and deciduous shrubs, and beds of annuals/perennials and bulbs. In both cases, common concerns within this zone includes maintaining subtle light levels, restrained graphics and screening of service areas which all contribute to reinforcing the S t 0 n e R l d g e Landscape Design Concept. ' D. Waterway and Pedestrian Trail &PT) Zone 1. Description The Waterway and Pedestrian Trail Zone is a linear arrangement of introduced landscape ' elements interacting with the waterways. Common concerns within this zone include: building locations, non-interference of water flow, maintenance of critical grades associated with this corridor to insure conformance to storm drainage design parameters, directional signing, and service area screening. r--------------- WATERWAY i PEDESTRIAN TRAIL ZONE � I 35' MIN. STREAM SETBACK 1 POND / STREAM ' I BUILDING I PEDESTRIAN TRAIL 1 --J 1 6 2. Waterway and Pedestrian Trail Zone Design Concept ' Objective: ' It is intended that landscaping and related site development accomplished in areas directly adjacent to or visually associated with the W&PT Zone should recall the naturalistic and ' informal native settings that exist in the creeks, ditches, drainages, and stream valleys regionally associated with s t O n e R 1 d g 2. Interior Zone landscaping bordering the W&PT Zone should reflect this native character, thus creating a compatible transition ' between zones. 1 1 t7 ' XII INSTALLATIONAND MAINTENANCE NCE OF LANDSCAPING ' A. Assessment District Installation and Maintenance Agreement 1. The Declarant has caused to be formed' The S t O n e R i Clg e Owners Association("Association") for the purpose, among others, of maintaining the boulevard entries and the landscape easements. The landscape maintenance will be paid for through assessments made by the Association. 2. The landscaping along the public street right-of-way easements (11' for 38' wide streets and 11 1/2' for 42' wide streets) will be installed under the direction of and according to the landscape plans of the Association as approved by the City of Bozeman. The Owner or Lessee of said property has sole financial responsibility for the installation of all landscape improvements ' within the public right-of-way. The landscaping within the remaining front yard will be installed by each Owner or Lessee so as to blend with the landscaping installed in the right-of.-way easement. 1 INSTALLED PURSUANT TO PLAN OF OWNERS ASSOCIATION W I INSTALLED BY PROPERTY OWNER i VARIABLE 25-50' 3. The street landscape easement landscaping and irrigation will be installed as a continuous ' linear system. Demolition of this system at vehicular access points will be necessary during the process of the access drive installation. It is the responsibility of the property owner to maintain water flow within the irrigation system during the construction, and to reestablish the existing plantings, grading, and irrigation system altered during this process. ' 4. Specific locations or limitation of vehicular access points shall be as described in Access ' 8 1 1 and Drive Location Guidelines, Section IX-I. ' B. Maintenance of Unimproved Sites 1. Sites that are not improved or built upon 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. C. Landscape Coverage 1. A minimum of 40% of the area within the property lines shall be devoted to landscape ' materials. 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. D. Street Frontage Desiv Guidelines (See also Setback Guidelines) 1. Definition of Street Frontage a. The Street Frontage area is defined as that portion of the site which fronts the Street Landscape Easement. 1 STREET LANDSCAPE EASEMENT m•"r ,a". �A:;mss��Rs"•'u.3•""•�'"'"'"" x:� '. sr:. sss" � II :,ssss .•xs �.,.ssssl.:.•.;is w isi<<" �ss"t�'Si sits ss ss BUILDINCz s��t „s%ss.�•. MM �.. ry Nn ..r�•.�:'.,.irss 2. Specific Design Limitation Within The Street Frontage Area ' 9 1 • M 1 a. Grading., Finish grading for each side should meet the existing grade at the Street Landscape ' Easement Boundary. Transition slope in this zone should not exceed 4:1. b. Service Areas ' Service areas within this area should be enclosed with solid walls and screened with the appropriate landscape materials. SCREEN WALL ' LANDSCAPING uu ' SERVICE AREA E. Parking Areas and Accesses Surface parking areas within the Street Frontage Area 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. 1 ' � o BERMS, SHRUBS, a TREES\ FILTERED VIEWS OF PARKIN 10 a. 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 planting. Shrub size in three years ' should be 3-4 feet in height, 3 feet in 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 S t O n e R 1 d g e. Species selection is ' subject to review by the Design Review Committee. 1. Parking Lot Landscape Requirements 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 two feet (2') in height. Landscaped earth berms a maximum of four feet (4') high or any combination of earth berm and plant material that achieves a height of four feet (4') may substitute for the screen planting. ' BERM 8 LOW SHRUBS T MIN., A' MAX. BERM - 3'-O" MAX. ' SHRUBS - 4'-O" MAX. BERM a PLANTS - 4'-O" MAX. �0 4' MAX. 1 ' For every outdoor parking area that consists of fifteen (15) or more parking stalls, a minimum of 20 sq. ft of interior area shall be landscaped for every space to physibally and/or visually reduce the occurrence of large, unbroken areas of parking area. The area of this required internal landscaping shall not exceed two hundred (400) square feet in any one area, and the minimum width of such areas shall be eight feet (8'). 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 11 cover, and lawn would be appropriate. ' 2. Parking Lots Fronting N 19' Ave. 70% of all parking spaces facing N. 19' Avenue shall be screened or buffered with a ' maximum of 30% of the area allocated for drainage and/or snow removal. PEAR I - 6 i �Av K NG LO :� � N ING- N. �fiH E. N.19TW BLVD. GREENWAY LANDSCAPING n p TREES W PER PUD GUIDELINES W Z Uj �\ V , a J LANDSCAPED Y MINIMUM BERM RET.WALL I 4:1 MAX. N.19TP.GREENWAY r- ' o � �a:a.�` DRAINAGE SWALE kJ ' PARKING STALLS LANDSCAPING Oak,�' 12 ' a. 1. A minimum of 1 1/2 inch to 1 3/4" (trunk diameter) for deciduous trees or a minimum of 6'-8' feet in height for coniferous trees is required for each ten (10) 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 p g p ed parking areas sugbested to provide a minimum clear planting space equivalent to the parking area's stall width. w .- 'I TREE PER 10 N PARKING SPACES ® .�„��"'•,'�:."'s •' SIZE OF PLANTING M as „~c AREA TO SE EQUAL ® ` _ TO SIZE OF PARKING ® '' SPACE .x PLANTING AREAS ' CURE PARKING I i LOT ' B. Parking and Pedestrian Circulation 1. Parking location and layout should facilitate easy and safe pedestrian circulation. 13 ' SHOULD NOT EXCEED 4 DIRECTION OF ROWS PEDESTRIAN ' I MOVEMENT PROVIDE 4' WALKING STRIP I 4' MIN. �fM Wal_I;1NG SPACE OPTIMUM RELATIONSHIP OF PARKING I `F LOT TO PEDESTRIAN ' CIRCULATION 2. If the parking lot layout is one or two rows deep, a walking space with a minimum width of ' four feet (4') should be provided between stalls at key locations where heavy pedestrian circulation is anticipated. 3. If parking lots exceed four rows in depth, the alignment of the aisles should be in the direction of pedestrian movement. tC. Parking Lot Plant Material List 1. Single or mixed species trees and/or shrubs can be used for each parking compound. Final tplacement 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 in S t o n e R i d g e. Species selection is subject to review by the ' Design Review Committee. D. Vehicular Access Drive Design Guidelines ' 1. Location Criteria ' a. Major access drives are to be located as described in Access and Drive Location Guidelines, Section IX. 14 1 1 NEW DRIVE REPAIR EXISTING BERM 3:1 MAX. 1 b. Access should be located by the individual property owner according to City of Bozeman ' standards. c. Where new access driveways punctuate existing landscape berms, the berms should be re- graded and replaced by terms with. a 3:1 maximum slope. 2. Limited Use Area at Primary and Secondary Drives a. 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. STREET 40' MIN. j 2� \> .�% \� �/ \\\\ LIMITED USE AREA AT \\ STREET INTERSECTIONS I W NO CONSTRUCTION OR LANDSCAPING GREATER THAN 30" IN HEIGHT 15 ' b. All objects higher than 30 inches (30") above the centerline grades of the intersecting streets including, but not limited to, shrubs, trees, signs, and earth terms shall be located toutside of the limited use area. 3. Private Drives a. The limited use area at private drive street 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. STREET ' 15' CURB Y ' LIMITED USE AREA AT DRIVES H W W ' b. All objects higher than 30 inches (30") above the centerline grades of the streets in the area of the curb cut including, but not limited to shrubs, trees signs, and earth terms shall be located outside of the limited use area. ' E. Guidelines For Other Interior Property Lines and Landscape Areas ' 1. Side and Rear Yard Requirements a. A ten foot (10') minimum planting strip is to be provided continuously along and adjacent ' to all interior property lines, unless otherwise approved in writing by the Declarant. t b. All site drainage shall be directed away from the ten foot (10') zone. Drainage within the ten foot (10') zone may not flow to an adjacent property. 16 1 1 DIRECT DRAINAGE AWAY FROM Fb- 10' ZONE-= i I i 1 � . PLANTING STRIP 1 c. A maximum slope of 2:1 is allowed within the ten foot (10') planting zone. A curved transition should be provided at the top and bottom of all slopes within this zone. 1 I UNDESIRABLE GRADE CHANGE ' 2:1 MAX. SLOPE I I I i 1 DESIRED CURVED TRANSITION ' d. No walls or fences exceeding thirty inches (30") in height shall be permitted within the required ten foot (10') planting zone. Walls or fences separating adjoining parcels may ' be permitted when located at the property line. 2. Side and Rear Yard Landscape Requirements a. Either shrub and/or tree plantings as specified below should be provided within the ten foot (10') zone. Where two properties adjoin, plantings should address the combined 1 space of adjacent planting strips. In 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. 3. Plant Material Sizes - Interior Property Lines 1 a. Trees (Either/or) 1 1. Deciduous trees 1 1/2 inch to 1 3/4 inch in caliber, planted twenty feet (20') on 17 1 ' center, or a mixture thereof, located five feet (5') from the curb or two feet (2') from the property lines. ' 2. Evergreen trees six to eight feet (6'-8') in height, planted twenty feet (20') on center or a mixture thereof, located ten feet (10') from curb or five feet (5') from the property line. b. Shrubs (if used for open space reduction) Eighteen inches (18") to twenty-four inches (24") in height, planted on four feet (4') centers, located three feet (3') from the property line or three feet from the curb. c. Groundcover (If used for open space reduction) ' Twenty four inches (24") on center covering all ground surfaces. 4. Planting and Irrigation Details and Specifications ' 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 SRDC. F. Landscape Guidelines for the Waterway and Pedestrian Trail Zone (W&PT) tAll planting zones bordering the W&PT Zone should reflect the landscape character of that area. Similar plant species and design composition should be used to assure a proper transition between the Waterway and Pedestrian Trail Zone and interior properties. A ' minimum five foot (5') natural vegetative strip is required on each side of all creeks within the StoneRi dge. G. Plant Material Size - W&PT Zone Landscape Easement a. Trees Deciduous trees should have a minimum 1-1/2 inch to 1-3/4 inch caliper, planted thirty ' feet (30') on center for flowering trees; forty feet (40') on center for canopy trees. Coniferous trees should be a minimum of six feet (6') in height, planted fifty feet (50') t on center. ' b. Shrubs (if used for open space reduction) 18 1 ' 1 Shrubs should be minimum of ten inches (10") to twenty four (24") in spread and Flanted ' four feet (4') on center. ' z{ CONIFEROUS/— DECIDUOUS L G TREES, TYP. Q Uj NATIvE vEGETATION III TRAIL r 1:4 MAX.) i yl MIN.(3)DECIDUOUS TREES PER 100, 35' STREAM (eq.GREEN ASH SETBACK OR BIRCH) MIN.(2)CONIFEROUS TREES PER 100' (eq.SCOTCH PINE OR BLUE SPRUCE) �o°so 00 000 o ° PEDESTRIAN TRAIL �\ 1 j `0 °0 o o°oo c00 coo ° 1 cc coon°� c o co c °o mo ej o�e ° o00 e°8°°0�Yn ° Ct STREAM ' c. Groundcover (If used for open space reduction) Groundcover should be spaced a minimum of twenty four inches (24") on center with the ' intent of fully covering the ground surface in three years. H. Landscape scale and overall landscape design shall be developed so that one senses that new ' vegetation is integral with the mountain landscape and the inherent form, line, color, and texture of the local plant communities. (1) Plantings should be done around the building structure as well as along the lot line areas as a buffer. The plantings around the building ' shall be done in a manner to soften the building mass. Plantings shall also be done along lot 19 ' lines adjoining residential lots to provide a transition. Selected tree and shrub species should be chosen to fit the climatic and regional horticultural conditions of this area. Species ' selection is subject to review by the S t O n e R 1 d.g 2 Design 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. Ornamental plants are recommended only for locations directly adjacent to building masses or in courtyards. (2) Landscaped areas shall be a ' minimum of forty percent (40%) of the total lot area. The landscaped area shall contain a minimum of seventy five (75%) of live vegetation. 1 I. Treatment of Stormwater Ponds and Outlets. ' LANDSCAPING PER WaPT ZONE GUIDELINES Q 0 WW > z x3 ' o � I1:4 MAX7 `n 1 vARIES 6' � TRAIL 1 ' POND OUTLET STRUCTURE �l t Q LANDSCAPE ROCK GERM OR � SCATTERED TRAIL 1 ' JUNIPERS TO CONCEAL W INLET e OUTLET PIPE RIPr2AP TO t 1:4 MAX. — —— SEDIMENT STREAM TRAP i o j ^ 20 The stormwater master plan included in the planned unit development documentation (volume II describes the location of the retention areas and the method of maintaining these areas. 1 In general , these illustrations describe the developers intent to integrate these areas into the overall landscaping master plan to enhance the parklike feeling of the pedestrian trail and other open spaces ' where these occur. t = , '•<zzm:Cr ; y.'2ti, x� _ M - m .:iy s�Cs,.C ii,` ''"irss,'�• 3�;:v \� Y �t ,sr `F;z 1 7 : �' �:•.,s�.wsax"s`s.,„s'Fvi°r?Ec::sia„i ti:r,°��•:�iY:3'?:a i^:;i^a-`n^a`�\2�SEh'xz H��' .as!t3:�' `r< 'b,Si 3 -Es•S3. y � w'� t� 1'� . x2£2a � ?;. `°is�,'%E f .K ':;:^Si:.a`+, •z. t�°,' i. a,'3�'•�s"�,fS�„�-<��2°�' ��+�f>'�,tE:Faj�',a,,.u•�oi"'H'�.'L' w '.r,�,•~ `� � s��; �S3>i�z.��3•;�.£�2. s'sii .:«.;i;3.: .,,,�.2's'#� .;z�E {�#s'�n'��" 2iiai<fsh t::a'r,.z; igi="„.zf 3v,.2Y52;#.yr iX'ii:#%sr_:a�i});';F`•3z:i <^n I:. Llf�'_ .t q,•�.0 4' `t`.. .� .:sF ��E w� L•[ f s. r r�s�'S•St„. `'#'Sr r. .s, s + 7�� w 4 y6 is'R a h Simplsr` �r3•„x's sr�t z.✓wo y,z.zae rb! �e. \�S`r'• ,^�-s i Y.Y`•"h ntr �mo:'$::. } �r `..be wr.o `::•;"'�?. •�;". :."�' .c,•'- •c✓c.yf s a .Y i ro d �>y a �{"� 1\,�Ls k.� i '.¢ i �, 2'a•�..2 t- '•.s.,,�'m'.�� j w^ `k. s 'fi. 5•. ' •!. 3 s.`` .t a i \ s. 8. rt' '6 l t x .. zy a .`ls,ice"v :we,b r a 2`S ,t• ^£^/� ;.,,n�,h a �s -o �f,:F� rt z 8. &�: ax yr 1aa ,� ., g . 2\ i ii i Sf ki fi. .2 2 9 1'S 2 1,3.v� t"L k.D�a R� .,i1�- i 4� ♦��Y"`'. Re a ys s "f �z �I,..� 3- �� Zy;%�!•r?sa'� �, .,sue. .s� s 2� �� x.✓.x`R^si'isi �?"�c$�sc,^ S� xg*`r. p"✓ s,•,x�'fk._�h�m3Y .,.,i,g.�9°'.v � � •ff r A. �; h :! .. k::sn... t • v J. North I9Ih Greenway Drainage Swale. ' The treatment of the landscaping around these drainage swales will meet the requirements of these Landsape Guidelines in all respects . Areas of steep slope and areas where erosion may occur will incorporate decorative gravel or stone in a rip-rap effect where necessary complimented with the ' trrees and/or shrubbery required for the open areas in which they occur. The intent is to create a finished landscaped area which will have an attractive appearance with or without the presence of periodic storm water movement through the swale. No retention/detention ponds from storm water 21 runoff of individual lots and streets shall be permitted in the greenway corridor, exclusive of Phase I between Durston Road and the intersection of N. 22"d Avenue, and the cross section slope from the lot to the swale shall not exceed 10%. N. 19TW BLVD. { GREENWAY LANDSCAPING {{ TREES ' m PER PUD GUIDELINES G Z•%4 W / W. 1 � J 5' 51DEWALK 1 N.IgTN.GREENWAY ` 4.1 MAX. I� DRAINAGE 5WALE-15 1 I� MAX. 1 1 1 t 1, 22 0 k t / I r 60 M. I a� � I �•Y fFiA �.�. 6 y \ \ \ LOT 38 3S \ \ LOT LOT 42 I m LL µ I 1��ar4 8 \\ \ { LOT 37 LOT�6 1 \ LOT 43 " a'°•••+~. (p n \ \ PPP♦ 1 \ LOT pt.Si LOT 34 I r \ LOT 45 LOT 33 ' j g tit I ' Yw 11 SFL i +FN ' 1 - - -- _!_—__ RA7 G1R fI�� ---------------------__;_ ;; o po r------- ��ti . I t I wne,omonEr I I �Ris' I i I I I I C�, I — _ •, 1 I Y ~ I IT. r I I 70r� m CC) m 4. I Z E D G D Wm � � r� 1tFw II -< n D 0 Lr) „ m h Z: � O C730Dz 'I 1 c o -- 9F 'Fs g�oli 1 Lo 00 Z — Z Z :R: ... I 61 morn o � o � r m - L-- ------------- ---- ---- xr---=_ I I! it II7II I' 'I OES3iF'T1Ok DATE BY: pSPRINGER T'ONERIDGE SUBDIVISION CD ARCHTIBM SRO ' �rlp Sq m 20 SOUTH WALLAH AVENX M..� FFx�s�a�