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Home My WebLink About638300222630255478) 1Z=Q6f142. RAL PUD ,6T ,Huffl ie " 'Ma;h� ll Deve'lopmeat C;;tG p f >Lw aielI u Loo �+ fV O m CD -P N FBA Folders SP411.M { z t , ` FILE REVIEW SHEET ?. PLANNED UNIT DEVELOPMENT File Name: '&220 OA6AWA.Xile Number: 7J-- Qto(!- pL Reference Files: Ca , ,r_056" 7�'2 1-1 L'6!Ez 131 P-6* Date Date Done N/A Due Done By Accept for initial review letter (5 working.days after application deadlire) ❑ Adequate for continued review letter (20 working days after application deadline) ❑ DRC initial week review ❑ DRC second week review ❑ DRC final week review ❑ DRB staff report due ❑ DRIB meeting ❑ W" review—if applicable ❑ Comments from other review agencies due ❑ Prepare project map for notices ❑ Notice to applicant and adjoiners (not less than 15 or more than 45 working days ❑ before the City Commission hearingl Post notice (not less than 15 or more than 45 working days before the City ❑ Commission hearing Newspaper notice (not less than 15 or more than 45 working days before the City ❑ Commission hearing City Commssion staff report due ❑ City Commission hearing date ❑ Final approval letter to applicant ❑ Recommended Recommended Approval Recommended Date N/A Approval with Conditions Denial DRC action ❑ DRB action ❑ W. "action ❑ Approved Approved with Conditions Denied Date City Commission action Date Final Site Plan due: Date of Final Site Plan approval: Date Final Site Plan approval expires: Improvements Agreement required? ❑ Yes ❑ No Date returned: Date.financial guarantee received: I Date financial guarantee expires: Date financial guarantee released: Date Temporary Occupancy is granted: Date Final Occupancy is granted: ,j rol c,CL, Activiti.; oa tL, ol* Tiannin!z ,( ommullit milent L.leDa ment o' Ll Dltvc!Oci Name: ro eci I N Z cl&n(A-4 SL, N kt- PIA-P de No: Date Activity IStaff 1 Staff 1 Cumulative Member(s) I Hours j Hours 4 y CIT F BOZEMAN DEPTMENT OF PLANNING AND CAMUNITY DEVELOPMENT Alfred M.Stiff Professional Building phone 406-582-2260 ;;••�„ 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozemon.net g bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net December 21, 2005 Ted Mitchell Mitchell Development Group, L.L.C. P.O. Box 738 Great Falls, MT 59403 Greg Stratton Morrison-Maierle, Inc. 901 Technology Boulevard P.O. Box 1113 Bozeman, MT 59771-1230 RE: The Bozeman Gateway Subdivision P.UD. Zoning Application#Z-05217. Dear Ted and Greg, On Monday, December 12, 2005 the City Commission conditionally approved the application for a Conditional Use Permit for the Bozeman Gateway Subdivision Preliminary P.U.D. Plan to develop a mixed- use commercial, professional office and retail planned unit development on 72.2 acres legally described as Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A located in the NW '/a of Section 15,T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. i i The proposal was evaluated against the review criteria and requirements of the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The City Commission's decision was based on the fact that, with conditions, the proposal will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Unified Development Ordinance and the adopted Growth Policy. The decision of the City Commission is final. The conditions of approval are as follows: 1. The PUD shall comply with all approved conditions of the subdivision preliminary plat approval. 2. Conditional approval of the Preliminary P.U.D. Plan and final approval of the Final P.U.D. Plan for Bozeman Gateway Subdivision P.U.D. by the Planning Director is limited to the approval of the master plan and development guidelines of the Development Manual only. Approval does not exempt the applicant from compliance with all provisions of the Bozeman Municipal Code, which are applicable to this project and site plan review of individual projects within the P.U.D. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. I 3. Prior to submitting for Final Plat review and approval of the initial phase(s) for the Bozeman Gateway Subdivision P.U.D. the applicant shall obtain Final P.U.D. approval by the Planning Director. A draft planning • zoning . subdivision review • annexation historic preservation housing • grant administration •. neighborhood coordination of the revised protective covenants and restrictions for the property owner's association, preliminary draft of the Final P.U.D. Plan and Development Manual addressing all of the conditions of approval and outlined in the staff report shall be submitted for review by the City Commission, Planning Office and D.R.B. a minimum of thirty (30) days prior to submitting for final plat review and approval of the initial phase(s) of the subdivision. 4. The landscape features and trail improvements along the West Main Street entryway corridor that front onto US 191/Huffine Lane and West Garfield Street shall be installed with Phase 1 of The Bozeman Gateway Subdivision P.U.D. D. That all pedestrian/bicycle crossings and walkways with streets be given greater emphasis by using similar pavers that reflect the surface treatment of public plazas and areas of outdoor social activities. Connections between streets, off-street parking lots, and public areas should also be given attention in terms of raised walkways, pavers, pedestrian lighting and landscape features. The Final PUD Plan will contain a written narrative and detailed plan in the Development Manual.whereby the project provides a public information shelter and map display area along the West Main Street entryway corridor. This area will serve as a regional trail connection point for pedestrians and bicycles along the corridor. 6. Pathways must be maintained by the developer in conformance with the approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner's association is responsible for pathway maintenance (Section 18.50.110 ). Plans and specifications for the trail will need to be.reviewed by the . Parks Department prior to construction. A Type II Class trail is recommended along the watercourse corridor with the placement of appropriate pedestrian crossings at all intersections with interior subdivision streets. A typical cross section of the public trails, Both Type I and Type II, shall be included in the landscape guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval.. 7. Provisions for a transit stop within the interior of the PUD and an information center along the West Main Street entryway corridor shall be incorporated into the site design for review and approval with the Final PUD Plan. A written explanation, illustrations and details shall be included in the Development Manual for review and approval. 8. The public streetscape shall contain a regular spacing of boulevard trees along all streets, both public and private, in concert with landscape features and screening of off-street parking lots; primarily, areas along West Garfield Street and US Highway 191/West Main Street. All trees to be installed in the boulevards, off-street parking lots, common open space areas, public plazas and individual subdivision lots will be installed at 2-inch caliper in diameter. Street character along the West Main Street entryway corridor, Fowler Avenue and Garfield Street shall call for architectural features that suggest a presence of store fronts, plazas, fenestration treatment and architectural details that reflect the "lifestyle center" concept. The Development Manual shall contain said language to insure implementation of said streetscape features. 9. Commercial and retail drive-thrus and associated apprentices (speaker phones, signage, ATM, canopies, etc.) shall not front onto the entryway corridor or corner-side of the building and will not impact the building facade of the satellite structures along the streetscape. The Development Manual will provide a typical illustration that speaks to this provision prior to Final PUD Plan approval. 10. The Final PUD Plan and Development Manual shall discuss the treatment of street intersections that are enhanced by pedestrian-friendly entrances, plazas or design features such as benches and landscape planters. Building entrances near the sidewalk edge that contain an entry- plaza should also be Page 2 considered at the intersections of local streets with Technology Boulevard and not only in the commercial area, but also along the business park/professional office corridors. This would also apply at the corner of Fowler Avenue and West Garfield Street. If it is the decision to locate th_ grocery store at the southeast corner of West Main Street and Fowler Avenue, a building entrance and plaza must occur along the entryway corridor, preferably at the northwest corner-of the building. 11. The Development Manual and Landscape Plan shall address the treatment of drainage basins in the open space corridors with regard to placement of said facilities and outlet structures. These facilities must be properly landscaped and prevent any impact on the landscape features along these corridors. Specific landscape details will be required with the final landscape plan to demonstrate proper landscape of the facilities. The landscape guidelines .shall state that drainage basins will not eliminate the installation of landscape and landscape features as depicted on the Preliminary PUD Plan; and if so,will be replaced outside of the open space corridors. A landscape architect shall certify on the Landscape Plan that landscape features installed over or around areas that contain a drainage basin in the open space corridor will not be impacted. 12. That the landscape guidelines of the Development Manual state that the surface ponds along West Main Street are not part of the storm water facilities and will be maintained as landscape feature along the entryway corridor. Provisions will be discussed in the protective covenants and.Development Manual that will limit the fluctuation of said ponds to ensure that they remain an effective landscape feature along the entryway corridor. Should the design and installation of the surface ponds result in problems with- fluctuation :and are not considered an effective landscape element of the.entr-flay corridor, resolution of the problem shall be resolved prior to the--.filing of the final plat for the second.phase(s).of the major subdivision. 13. The water features along the West Main Street entryway corridor shall be designed as open space amenities as organic in shape and form, and lined with appropriate aquatic and wetland :features, native grasses and indigenous plants. Provisions will outlined in the Development Manual and/or protective covenants that The P.U.D. Landscape Plan shall include landscape plan of the water features for review and approval prior to Final P.U.D. Plan approval. Side slopes for the water features shall not exceed 25% slope. 14. The final Landscape Plan shall specifically address landscape details for the three open corridors, two public trails within the north off-street parking lot, and West Main Street entryway corridor. Detailed landscape plans shall also be included for the two public plazas within the interior of the lifestyle center and the small public spaces along the north/south water courses. Prior to Final PUD Plan approval the Landscape Plan shall be submitted to the Planning Office and D.R.B. for approval. . 15. The final Landscape Plan shall expand on the types of vegetation sought within the design standards and should a stronger emphasis on clustered landscape features, low-profile vegetation, native type species, vegetation along the watercourse corridors and West Main Street entrvway corridor, flowering and perennial species, and ground cover. The design standards shall specifically discourage the use of "pea" gravel or decorative 1 3/4" to 2" washed rock gravel, or less. All landscape islands that include decorative rock or gravel as a groundcover shall specify "river rock" or equal in the landscape plan. 16. That the applicant will provide surface finish elevations for all parking lots and building finished floor elevations with respect to associated watercourse features. The Development Manual and protective covenants shall state that all open space areas and associated watercourse setbacks will remain undisturbed unless otherwise approved by the Planning Office. All grade transitions between off-street Page 3 • • parking lot areas and abutting watercourse open space areas shall not exceed a maximum slope of 4:1, or 25% slope. 17. The Bozeman Design Objectives Plan states that the following elements must be achieved in order to reduce the perceived mass of a building: a change in color or change in material shall be used in each building module; a 20% change in vertical height between each module; change roof form; change in articulation. The architectural guidelines should discuss components that help to establish a human scale along the faqade, store fronts, primary entrances (i.e;, one-story elements). Expression of each floor in the external skin and use of materials should also be noted. The Development Manual will need to provide illustrations for each of these guidelines as discussed and revise any illustrations proposed in the Development Manual that do not reflect said criteria. 18. The architectural guidelines for the development suggest that the Convenience Center, Outparcels and Office-Professional areas will incorporate the architectural vocabulary of the lifestyle center. However, modifications will be required due to the significant variation in building type and scale. The Development Manual goes on to state that an exact determination of which entities will be responsible for which elements of design and construction will be determined by individual lease or sales agreements. In-lieu of this, the Development Manual shall give specific attention to each of these areas of the mixed-use development and identify what must be achieved in each of these areas to maintain the architectural integrity of the overall development theme. The Development Manual shall graphically address the presentation of building facades that face onto the public streets (i.e., West Main Street entryway corridor, Fowler Avenue and West Garfield Street) and through the use of illustrations illustrate the architectural theme sought with the "lifestyle center of the Bozeman Gateway Subdivision. This also applies as well to the professional office, business park and convenience components of the development, as well as the rear facades of both sides of the "lifestyle" center situated along Technology Boulevard. 19. The architectural guidelines of the Development Manual will be modified to state that not more than 25% of any of the building facades shall be covered with a synthetic surface. 20. The Development Manual will discuss presentation onto a street regardless if it's the main street for the lifestyle center, private street or a public street with respect to a formal entrance, store fronts, covered entrances, and public spaces. 21. Section V of the Development Manual - "Review Procedures of the Development Manual" shall be revised to clarify that the site plan review process for individual projects within the planned unit development are not an informal review by the City of Bozeman and shall instead follow the prescribed site plan review process outlined in the City of Bozeman Unified Development Ordinance. The Manual shall further note that with site plan review applications for each building project shall include in the submittal detailed elevations, floor plans, landscape plan, site plan; colored rendering, accurate color palette, and materials sample board specific to said project 22. No corporate or franchise style architecture shall be permitted in the Bozeman Gateway Subdivision and noted accordingly in the Development Manual and the protective covenants and restrictions of the property owner's association documents. 23. The general building materials theme and color palette shall be continued throughout all phases of the development. The types of cultural stone to be used throughout the project shall be reviewed and Page 4 approved by the D.R.B. and A.D.R. staff as part of the Final P.U.D. Plan and noted accordingly in the Development Manual. 24. The Development Manual shall be modified to specifically state that all roof top mechanical equipment will be properly screened through the use of proper architectural screening techniques or with parapet walls that will reach a height that is equal or greater than the top of all mechanical equipment. Any ventilation for plumbing or air exchange that is not mechanical related equipment shall be painted to match the color palette of the roof and/or architectural screening. 25. All of the buildings on the perimeter of the development shall have a second store front (double fronted design) that is oriented towards the streetscape and shall include a colonnade and a sidewalk connection to the perimeter_sidewalk/trail system. All corner buildings shall include a type of design feature directed towards the corner (a concave area or a bump-out constructed-of transparent materials) and shall be noted accordingly in the Development Manual. Any additional exhibits presented to the D.R.B. and City Commission that are found acceptable shall be included in the Development Manual. 26. The backside of the buildings shall be addressed by the continuation of similar materials on all sides of the building(s) with similar architectural features, light fixtures, materials, color palette and awnings over the doors on the rear or back elevations. 27. The development guidelines shall contain language for all store fronts:that encourages the use of dark bronze anodized, or similarly darker frames, in-lieu of the brushed stainless steel finish. 28. Sconce lights and goose neck lights (down lights only) shall be added to the larger retail buildings-(over 15,000 square feet). Exposed, unshielded neon tube lighting and continuous L.E.D. string lighting are not permitted in the planned unit development and shall be noted accordingly in the Development Manual and protective covenants of the property owner's association. The lighting guidelines may indicate that neon lighting and L.E.D. lighting may be used as a subtle lighting element under the soffits, behind the fascia or in the sign package (i.e.,backlit feature) as an indirect, obscure lighting detail. 29. The architectural guidelines of the Development Manual shall contain language that discourages the use of translucent or transparent awnings and shall instead be opaque in material through the use of fabric or metal materials only. 30. Those areas of the building facade to be finished in a synthetic material (i.e., E.F.I.S., dryvit, stucco or similar finish) shall place a strong emphasis on the treatment, color palette and variation in joint detail and pattern, relief and architectural detail,and noted accordingly in the Development Manual. 31. All crossings within the Planned Unit Development shall be constructed with scored concrete or pavers similar to the surface materials installed throughout the public outdoor public areas. The crossings shall be noted as such on the Final PUD Plan and details for the pattern(s) shall be provided in the final development guidelines. 31 Larger seating areas with planters shall be installed throughout the plazas and public areas and a typical detail of the planters included in the Development Manual. 33. The development guidelines shall indicate that no backlit cabinet type "box" signs will be permitted in each phase of the development unless a three-dimensional component is included that creates a sense of architectural relief and where no plastic, translucent or transparent face are permitted. This shall be addressed in the comprehensive signage plan for the planned unit development and shall be submitted i Page 5 r to the Planning Office prior to Final PUD approval that depicts a sign package that exhibits qualities of style, relief and compatibility. 34. A common master signage plan depicting the actual location, dimensions, height, illumination and use of materials for all freestanding signs shall be submitted for review and approval prior to Final PUD Plan approval. Both the pylon signs and monument signs shall be constructed of materials compatible with the overall building design theme for the development and illustrated accordingly in the Development Manual. All signs shall obtain a sign permit prior to construction and installation, and shall comply with the required regulatory standards set forth in the Unified Development Ordinance. The Development Manual will need to include a graphic component of the master sign plan for the entire property that reflects the theme desired with this P.U.D. This includes discussion on the position of signs as part of the overall building composition; avoid obscuring architectural details, materials, and use of color and relief, three-dimensional signage, placement of freestanding signs_along street frontages, entrances into the development, and addressing required setbacks and street vision triangles. 35. The north off-street parking lot in Phase 4 will replace two off-street parking spaces along each of the two watercourse open space corridors for the placement of an 18' by 18' public area with benches, pavers and landscape features. A typical detail of this area shall be illustrated accordingly in the Development Manual as part of the landscape guidelines and the final Landscape Plan for the development. The watercourse corridors shall have a minimum width. of not less than thirty feet, . :exclusive of the 18' by 18'public area. 36. The applicant shall implement an "Off-Street Parking Lot Implementation Plan" for each-phase of the planned unit development that ensures adequate parking facilities are available for the general.public in each phase of the P.U.D. The gross floor area of:buildings in each phase will be determined based on the ability to comply with the required minimum off-street parking.standards outlined in the Unified Development Ordinance. This will be furthei addressed during site plan review of each individual project. The applicant shall further provide a notation on the subdivision plats and in the protective covenants and Development Manual that all off-street parking areas located within the development will be held to a reciprocal shared parking easement and agreement for use by the general public. 37. All parking lot lights and internally illuminated signs shall be turned off within one hour of closing, unless otherwise approved by the Planning Director of City Commission during site plan review of each individual project within The Bozeman Gateway Subdivision P.U.D. Only security lights will be permitted to remain on throughout the night. 38. The City of Bozeman shall be party to any modifications, changes or amendments to the protective covenants and restrictions and to the Development Manual for The Bozeman Gateway Subdivision P.U.D. as it relates to the conditions of approval for the subdivision Preliminary Plat and zoning P.U.D. Preliminary Plan. 39. That the applicant submit an implementation plan for a residential component of seventy (70) or more residential dwelling units with a substantial number of dwelling units located in the core of the development, prior to review and approval of Phase ?. 40. That all site plan review applications within the subdivision will be subject to review by the Design Review Board. 41. That office buildings 3, 4, and 5 in Phase 3 be rotated to front onto Garfield Street. Page 6 42. Building heights will be permitted not to exceed a height of sixty-five (65) feet based on the merits of a residential component for the planned unit development. Said approval includes modifications by the City Commission to the Planning Board's recommended conditions #3, #36, and #38, as well as the addition of conditions #39, #40, #41, and #42 by the governing body. Staff would recommend that you schedule a meeting at your earliest convenience to discuss the details of the conditional approval and how it will effect your construction schedule. Please feel free to contact me at 582-2260 if you have any questions regarding the above comments, status of the applications or the review process in general. Sincerely, r� t Da-s.4d P.'Skelton Se � r Planner cc: Planning File No. P-05049 Zoning File No. Z-0521 Page 7 Brian Krueger From: James (Jim)A. Ullman <jullman@m-m.net> Sent: Monday, February 5, 2018 10:31 AM To: Brian Krueger Subject: Bozeman Gateway - Building Height Attachments: OriginalZoningConditions.pdf Brian, I have attached the Commission Modified Zoning Conditions from December 21, 2005. Condition #42 outlines the building height of not to exceed a height of 65 feet based on the merits of a residential component for the planned Unit Development. My understanding with planning was that when the residential implementation plan we submitted was accepted as required by condition #39, we met the merits of a residential component therefore the building heights were to not exceed 65 feet. Contact me if you have questions, Jim James (Jim) A. Ullman, PE Senior Land Development Engineer MI oil Morrison EN R Maierle moo engineers•surveyors•planners•s6em;srs 2880 Technology Blvd W(59718) P.O.Box 1113, Bozeman,MT 59771 Main:406.587.0721 1 Direct:406.922.6825 I Cell:406.599.1426 1 r MOFMSON MAIERLE,llVC. 2880 TECHNOLOGY BLVD.W. • P.O.BOX 1113 • BOZEMAN,MT 59771 ENGINEERS-SURVEYORS-PLANNERS•SCIENTISTS 406.587.0721 vwuw.m-m.net January 14, 2015 � } i�Brian Krueger, Development Review Manage 1, 9 N 2Q City of Bozeman Department of Planning an Community.Dev o'pner�j' r P.O. Box 1230 �` t� -x� rl .;, r Bozeman, MT 59771-1230 --_ Re: Bozeman Gateway PUD— Duration of Final Plan Approval iviivii* 3638.009.040.0310 Dear Brian: In a letter dated December 21, 2005 from the Department of Planning and Community Development, it states that the City Commission conditionally approved the application for a Conditional Use Permit for the Bozeman Gateway Subdivision Preliminary P.U.D. Plan on December 12, 2005. This letter outlined the zoning conditions to be addressed in the master plan and the development guidelines. Condition #2 and Condition #3 states Final P.U.D. Plan and Development Manual, addressing all conditions, must be submitted for approval by the Planning Director. Mitchell Development Group received a letter dated June 7, 2006 from the Department of Planning and Community Development approving the Development Manual and the Final P.U.D. Plan. This letter discusses approval of relaxations to the U.D.O. based on the merits of the proposal as outlined in the approved Manual. One of the relaxations approved was the Duration of Final Plan Approval. This relaxation allowed the applicant to undertake and complete the development of the approved final plan within ten (10) years from the time of final' plan approval. The understanding of extending the time frame of the Final P.U.D. Plan approval was to allow Mitchell Development Group enough time to complete the P.U.D. Plan. Due to circumstances out of Mitchell Development Group's control the P.U.D. Plan will not be complete at the end of the ten (10) years from the time of final plan approval. Mitchell Development Group would like to request an extension of the Final P.U.D. Plan as outlined in Section 38.20.060.E of the UCD. The Final P.U.D. Plan was approved as a phased P.U.D and will continue to take time to be developed according to the Final P.U.D. Plan. The following is how Bozeman Gateway P.U.D. Final Plan has addressed the seven (7) considerations as outlined in Section 38.19.120.F of the UDC. 1. During the continuing development of the Bozeman Gateway P.U.D. several modifications have been made to the development regulations to keep it compliant with new regulations. 2. Progress of the development is commencing through Site Plan approvals. 3. Existing phases of Bozeman Gateway P.U.D. are able to operate without the delayed future phases. We create solutions that build better communities. AN EMPLOYEE-OWNED COMPANY • AN EQUAL OPPORTUNITY EMPLOYER—MINORITIES/FEMALES/DISABLED/VETERANS MORRISON CJL� MAIERLE,INC. ENGINEERS•SURVEYORS•PLAN NERS•SCI ENT ISTS 4. There are no other developments dependent on any public infrastructure or private improvements to be installed with the continued development of the Bozeman Gateway P.U.D. 5. The developer has demonstrated through the continuing development of Bozeman Gateway P.U.D. that the ability to complete the project exists. 6. The overall maintenance of the site is exceptional. 7. The mitigation of any impacts identified during the prelim inary.plan review of the development have been addressed and completed with the existing phases of the project. Mitchell Development Group would like to request an additional ten (10) year extension of the Final P.U.D. Plan as approved by the Planning Director. This extension makes the expiration date of the Final P.U.D. Plan June 7, 2026. If you should have any questions don't hesitate to contact either one of us. Sincerely, Mitchell Development Group, LLC. MOMSON-MMERLE,INC. L Th o J. itchell James A. Ullman, PE ging Member Project Engineer cc: Mitchell Development Group File N:\3638\009\Dots\PUD\PUD Extension Request.docx Co OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Ub Alfred M. Stiff Professional.Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net September 12, 2007 John Davidson Jim Ullman, Morn son-Maierle, Inc Mitchell Development Group,LLC P.O. Box 1113 1315 8`''Avenue N. 901 Technology Blvd Great Falls, MT 59403 Bozeman, MT 59718 Re: Bozeman Gateway Subdivision P.U.D. #Z-05217 Angled Parking Clarification Dear John and Jim, The City of Bozeman Department of Planning and Community Development has considered your request for additional clarification on the eligibility of angled on street parking to satisfy requirements for site parking for commercial uses. Angled parking will be allowed to count towards off street parking within the Bozeman Gateway Subdivision P.U.D., subject to the following stipulations. 1. Only directly adjacent on street angled parking will be allowed to count towards a site parking calculation. The front width of the parking stall must abut the site property boundary in order to be eligible to satisfy the site's parking demand. 2. All site plan applicants within the Bozeman. Gateway should submit an informal site plan application prior to submittal of a formal preliminary site plan application. The informal application shall include a calculation of the total parking spaces required and clearly delineate all parking stalls on street and on site that will be utilized to meet the parking requirements for the proposed building or buildings. Respectfully, c Brian Krueger Associate Planner cc: Andy Epple, Planning Director Dave Skelton, Senior Planner Zoning File No. Z-05217 I planning zoning subdivision review . annexation historic preservation housing grant administration neighborhood coordination Ci F BOZEMAN • DE�TMENT OF PLANNING AND COMMUNITY.DEVELOPMENT Alfred M. Stiff Professional Building pho ne 406-582-2260 '•' 20 East Olive Street fax 406-582-2263 P.O. Box 1230 plann ing@bozemon.net Bozeman, Montana 59771-1230 vnvw.bozeman.net August 2, 2007 Mitchell Development Group, LLC P.O. Box 738 1315 8`h Avenue N. Great Falls, MT 59403 Jun Ullman Morrison-Maierle, Inc. 901 Technolo—, Blvd. J Bozeman, MT 59718 Re: The Bozeman Gateway Subdivision PUD 4Z-05217 Angled Parking Clarification The Department has reviewed your request for clarification on the eligibility of angled on street parking to satisfy requirements for site parking for commercial uses. Section 18.46.040 of the Bozeman Municipal (B.M.C.) clearly states that the number of -barking spaces required shall be "off street." Harmon Stream Boulevard, Technology Boulevard, and S. 29`h Avenue are all public streets within dedicated right-of-way. Section 18.46 of the BMC does not allow on street parking to satisfy requirements for off street parking for commercial uses and as such, no on street parking, angled or otherwise shall count towards off street parking for commercial uses. Angled parking proposed through a site plan process that is included as part of a drive aisle that is not within a street right-of-way would be considered off street parking eligible to satisfy off street parking requirements for commercial uses if designed to meet the dimensional standards of 18.46.020) BMC. Respectfully, V Brian Krueger cc: Andy Epple, Planning Director Dave Skelton, Senior Planner planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination CI OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 wvvw.bQzeman.net May 25, 2007 Ted Mitchell Jim Ullman, Morrison-Maierle, Inc Mitchell Development Group,LLC P.O. Box 1113 1315 8`h Avenue N. 901 Technology Blvd Great Falls, MT 59403 Bozeman, MT 59718. Re: Bozeman Gateway Subdivision P.U.D. #Z-05217 Development Manual Modifications Dear Ted and Jim, The City of Bozeman Department of Planning and Community Development has considered your request to modify the maximum allowable height for light standards as listed in the Development Manual for the Bozeman Gateway Subdivision P.U.D., and as a result approve said request with the following stipulations. 1. All light standards for off-street parking lots and private streets may have a mounting height of up to twenty-five (25) feet as outlined in Table 42-3 of the Unified Development Ordinance (U.D.O.). The height of the lighting support structure shall be measured from finished grade to the bottom of the luminare for said light fixture (i.e., lens cover). 2. Said light fixtures will need to still comply with the site lighting illuminance output in Table 42-5 of the U.D.O. 3. Exclusive of the increase in the allowable height for all light standards, the design standards as provided in the Development Manual (i.e., color, type, method of illumination; fixture .design) must still be implemented as approved by the City Commission. 4. Any revisions to the layout of the light standards and/or associated landscape islands within the interior of the off-street parking lot(s) will need to be reviewed and approved by the Planning Office prior to proceeding with construction and installation. Staff has determined said request is a minor modification to the Development Manual and Planned Unit Development for Bozeman Gateway Subdivision and may be approved by the Planning Director. Respectfully, David . Skelton Senior Planner DS/dps cc: Andy Epple, Planning Director r-Zoning File N Zo.-05217 planning . zoning • subdivision review annexation historic preservation housing grant administration neighborhood coordination -, CI03F BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 wvvw.bozeman.net MEMORANDUM i ----------------------------------------------------------------------------------------------------------------------------- TO: DESIGN REVIEW BOARD FROM: DAVE SKELTON, SENIOR PLANNER RE: BOZEMAN GATEWAY SUBDIVISION P.U.D. FINAL PUD PLAN REVIEW ZONING APPLICATION #Z-05217 DATE: APRIL 12, 2006 ----------------------------------------------------------------------------------------------------------------------------- Attached please find the final Development Manual for the Bozeman Gateway Subdivision P.U.D. located at the southeast corner of the intersection of Huffine Lane and Fowler Avenue, immediately south of the Gallatin Valley Mall. This manual is being delivered to you, two weeks in advance of the April 26 meeting of the D.R.B., in order to give you ample time to review the document and allow staff to list this matter on the agenda as a Consent Agenda item. The City Commission approved the Conditional Use Permit application for said project on December 12, 2005 with the following condition: "Prior to submitting for Final Plat review and approval of the initial phase(s) for the Bozeman Gateway Subdivision P.U.D. the applicant shall obtain Final P.U.D. approval by the Planning Director. A draft of the revised protective covenants and restrictions for the property owner's association, preliminary draft of the Final P.U.D. Plan and Development Manual addressing all of the conditions of approval and outlined in the staff report shall be submitted for review by the City Commission, Planning Office and D.R.B. a minimum of thirty (30) days prior to submitting for final plat review and approval of the initial phase(s) of the subdivision." Based on the above condition, both the Planning Office and D.R.B. must approve the Development Manual prior to Final P.U.D. Plan approval by the Planning Director. On February 8, 2006 the D.R.B. reviewed a preliminary draft of the Development Manual addressing the conditions of approval with the applicant. Since that meeting the applicant has updated the Manual to address those items identified during the meeting. i Staff has included with this cover memorandum a copy of the applicant's approval letter outlining all of the conditions of approval. The applicant has provided a written narrative addressing the conditions of approval and where in the Development Manual the conditions are discussed. Keep in mind that this document is a tool to review each specific development proposal within the planned unit development. It planning • zoning . subdivision review . annexation • historic preservation . housing . grant administration . neighborhood coordination The Bozeman Gateway Subdivision Planned Unit Development.-____: __ - Property Setbacks Lot Number Fronting Front Yard Side Yard Rear Yard Street Setback Setback Setback _Qjuildin / arkin lot (building/parking lot (building/parking lot 1 Fowler 10'15' 20'/20'*** 20'/20' (open s ace 2 Fowler 30720' 01/01* 10'/na 3 Fowler 30'/20' 01/01* 10'/na 4 Fowler 30'/20' 01/01* 10'/na 5 Technology 201/0' 01/0' 01/0' 6 Technology 20'/0 01/07 01/0' 7 Huffine Lane 101/0' 01/0' 0'/0' 8 Huffine Lane 101/0' 01/0' 0'/0' 9 Technology 20'/na 10'/na 10'/na 10 Lot Cl 10'/na 5'/na** Una 11 Lot C1 10'/na 5'/na** 0'/na 12 Lot C2 10'/na 5'/na** 0'/na 13 Lot C2 10'/na 5'/na** 0'/na 14 Huffine Lane 10'/na 10'/na** 25'/na 15 Huffine Lane 10'/na 10'/na** 25'/na 16 Huffine Lane 10'/na 10'/na 25'/na 17 Huffine Lane 10'/na 10'/na 0'/na 18 Lot C6 25'/na 10'/na 0'/na 19 Huffine Lane 10'/na 10'/na 0'/na 20 Lot C6 25'/na 10'/na 0'/na 21 Chronicle 15'/na 10'/na** l0ina** 22 Chronicle 15'/na 15'/na** 10'/na** 23 Technology 15'/na 10'/na** 10',na** 24 Lot C6 15'/na 10'/na** 10'/na** 25 Lot C6 15'/na 10'/na** 10'/na** 26 Lot C7 15'/na 10'/na** 10'/na** 27 Technology 15'/na 10'/na** 10'/na** 28 Technology 15'/na 0'/na** 15'/na** 29 Technology 15'/na 0'/na** 15/na** 30 Technology 15'/na 0'/na** 15'/na** 31 Technology 15'/na 0'/na** 10'/na** 32 Technology 15'/na 15'/na** 0'/na** 33 Lot C8 15'/na 15'/na** 0'/na** 34 Lot C8 15'/na 10'/na** 0'/na** 35 Lot C9 15'/na 15'/na** 0'/na** 36 Technology 15'/na 15'/na** 0'/na** 1 37 Technology 15'/na 0'/na** 15'/na** . 38 Technology 15'/na 0'/na** 10'/na** 39 Technology --1'5 Vr a- - 0'/na**_ 1-5'/na** 40 Technology 15'/na 10'/na** 15'/na** 41 Lot CI 15'/na 15'/na** 0'/na** 42 Lot C 10 15 Vna 15'/na** 0'/na** 43 Lot-C9 1-0'/na 15'/na** 0'/na** 44 Lot C11 10'/na 15'/na** 0'/na** 45- Technology 15'/na 10'/na** 20'/na** 46 Technology 15'/na 15'/na** 20'/na** 47 Lot C12 15'/na 20'/na** 20'/na** 48 Lot-C12 15'/na 20'/ria** 20'/na** 49 Chronicle 20'/na 10'/na** 25'/na** 50 Chronicle 15'/na 15'/na** 25'/na** 51 Technology 15'/na 30'/na** 10'/na** 52' -Lot 49—� 25'7na**' 10'7na** 30'%na** 53 Technology 15'/na 15'/na** 10'/na** 54. Technology 15'/na 10'/na** 10'/na** 55 Technology 15'/na 10'/na** 10'/na** 56 Lot 55 10'/na** 10'/na** 30'/na** 57 Garfield 20'/na 10'/na** 30'/na** 58 Chronicle 20'/na 30'/na** 10'/na** 59 Chronicle 20'/na 30'/na** 10'/na** 60 Lot 54 10'/na** 10'/na** 30'/na** i *Front/Side Yard Setbacks along Fowler Avenue shall be 30' to the building and 0' to the Parking Lot. **Setback between building lots is 0'. ***Lot 1 Setback along Huffine Lane is 10'/0/. Note: Setbacks shall be adjusted to include easements where applicable. HA3638\00MDOCS\PLANNED UNIT DEVELOPMENMetbacks.doc t F PRELIMINARY PLAT of LEGETHE BOZEMAN GATEWAY SUBDIVISION P.U.D. . FOUND HE .ORHEW. S DESCRIBED BEING TRACT 2A OF THE AMENDED PLAT OF WEST COLLEGE MINOR SUBDIVISION No. 195A SITUATED IN THE NWIA FOUND ON"RERAR Y7M 1 ♦ GREEN PLASTIC CAP MARKED T10M1SON-MAIERIE.INC.1445615" MARKED SECTION 14 AND THE NE1/4 SECTION 15,T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,MONTANA �^AN^OEGL�TRANS* _ OWNER PURPOSE MITCHELL DEVELOPMENT& TO CREATE 72 L01B FOR GLOM TABLE INVESTMENT,LLC COMMERCIAL USE CURVE RADIUS I LENGTH I DELTA CHORD Bw ICNOm P.S.BOX 738 CI 1500 23-W 9000' '36Y .21' GREAT FALLS,MT 59403 LINE TABLE C2 I&W 22.06' M15'39• S4 2 13 12' - ONE BFABNG LENGI'N W 1 1 1 L1 00'I 4 IS 43D.00 13.54 ,•ww S020Y51 13M \\ L2 53MION 27,61' 06 43MW 13-W 1'48'W say5wilt lam u 1 1•"-- mAcl t.61 ZONED B-2 / LI Tt 1 V aw C p 5• L LPO \ L5 12.1v C9 /J0.00' 2LM' S9' N751'LYE 2213' { 2 YAMS% y 59105 L7 LOT 6 1 �''�"yL Q 1 177ACT tlp.135 tgSf215 GGV SLINGS' ��/ / ZONED B-2 N 1 1 I EEll J14W 10.74• r9!'.a" N75• 1�. PLAZA SUB PJ7.0.p. ACs DR R�( EM1 S iMV- lNl �Sr Ilvv..,,�wII p 03 20400' 2S� ITB09� ��9Y 21W, LC TRA No• UM MINOR W'� DR' NG R // \ l9 5 1 pAR DY ryf� !I'{ AO MWN1NNl AVESpI �j4 MT 597, t2 59715 / UTIL \ Na LO 1't Y04 AN 1 719 p { %'F 0 T 59 MEN• /// EDPER YINtOR , i7 C15 t t7 y NELSON gp% y9 .I Roe EE y BOZ BpZE /� l C.D EMS PO AR NCLEN7' /W ESMT FOR SUB.No`b lsf�BOZEYAN IB C16 100007 SA91' S7a'SY 18"N .90' LED BP I II ZONEDB-2 ZONEDB-2 ZONEDB-2 UTILITIES PER \ '0 Oplt MY JD9g116 1 c,e IJrooO' n.7r elf/e' xnsrlst n.2V V NO &�"G5• _ _ __ / AREA SUMMARY I I I PER 143E ZBOST � _ _ - }" ACCESS� , - R=581 O:i•/=.- --- -._._ �. -_.. ._- ______!_____- - _= _ E100'OVERHEAD iA 27n i / / �., n\..-._ �•-� - - -- }-- _ EL.OT..-.N- 3,145.011 SaFt 72.20 ACRES la x10'CONYUNIWnON ESMT PER / O'W5VE '-�1 RW- 48z,969 SgFI 11.09 ACRES 15JS �' WEST L .AV.E- L=71.73' S75'58'35'E N89'57'37"E DOCai2w1303.(20J5373M _ �� / 8• A- .5.253 Spit 10.22 ACRES 14.2R S89'S9'-3"E US N7GHWAY i97(WEST MAIN ST.) V NO &/211 955 �� 1,399,946 Sqn 32A8 ACRES 41.5K D=O'42'26" 579'4 ACCESS 82.51' 60.3 _ G S - - AREA. 816.845 SpFt 18,75 ACRES 26OA CB_S89'S5'42"E - " �osEwia- -- - _ - u25Y �D j76i SQF( A EASEMENT -- -�♦ ,;._ _ s A9 AG - -- '-• �A6 tW3y u' n 21- LJ -tz67`----. LEGEND FIRE 0 AG - ---19501y-- N 5.2y0 SpFI IF PROPOSED WATER HYDRANT $ PROPOSED WATER VALVE ~ten 77.94' 319.15' 4fi' �� 6 0 _ 21' Oj '45 30'R MI ESMT q 1 ) 60.O,v 90 4 N89/9'43 LINE EN t" E PER MINOR PROPOSED SEWER MANHOLE I 1,\2 L-7 - 9527 CQ °� 49 3 PROPOSED STORK GRAIN MANHOLE BEAINA SEMI:NT --'1 I \ ( ". $- 1J2.OD' ^_$ j SVB.No.195 PER 15 F 2396 I :. LOT 16 30,279 SpFt LOT CS a 7600 p PROPOSED CURB INLET 11 ` 1 1 1.04 AC. I - -'� - LOT C3 a 18,281 '• - 26,946 Sg t t0' i o PROPOSED SEWER UNE - !� LOT 8 -~-� v_ 20 442 Ft $_ 0.37 \l LOT 18 0.62 AG m 4 PROPOSED WATER UNE - n S I LOT�2��' 'N 65,488 spFll I m$� o O m �� `L��Q tg pG//'^ '-� 12.409 Spil - 41 PROPOSED STORM ORAN UNE 1 N 8j 7 m - �r _ _'6- +�, _ ® DUSTING WELL 57IT?ASGpit 20 S10RN I I '61- 36.1 Fl B / ---- ---- ---- I E%15TWG SEWER MANHOLE I I E705TING RCP 1 EASMENge Ho. [ 0 EASEMENT��"------ ,S, _---- _ - -_- �93P ---- ------ SUBT LE -- EXISTING WATER UNE t /� WLVERT(TYP "�- Ir 27'PUBLI(� LESS ----- / OT 20 MINOR CNNu"'E 06'162 1 &111n1T1 ESNT • ry , --- /� I/ >� 2EY7'N 01 715 EXISTING SEWER UNE \ I �A / A 30•PJIBULKGES.S� 6.42 SpFI p BD282p M Yr 59 PROPOSED EDGE OF CAVEMEN / I N8901'SOtI /Ir VTRRY ESMT p gOZEY� PROPOSED BACK OF CURD \\ ri plg�_ 5215' LG'L` D THAL E�`8 ///- �V / 2.ONED BP '■ ��PROPOPROPOSED PHASE UNE LOT 3 ay I I J9 ^� c 61,902 SpPi�/ 10, POWER 87f Spit I `J 1.49 AC. G o IV TELEPHONE PEDESTAL �r0 �• • \�Af ESIR FOR 12 AG $ P� I I JTa �� S c• L /V LOT _ .--.- BARBED WIRE FENCE s SV SECTION UNE 1 I I - '� LG 'n/' �.84 AGFt f26,728 Spit _�/ •- TELEPHONE UNE N`yq-� DrtCHLOTS8 r� • 'Lb ( �� 1p8R6}• �7d0 OVERHEAD POWER UNE ngg d _ } 83• ELLCTHIC UNE �N BL l �' \ 14S 02B Spil .* p is"? °yCO •Gy8trE5 :� �- so p9 yg8p6' MINOR -- -- GAS NE UNE i g� �� / - 195 /,/� ' t� - - GAS UNE CaL„o c LOT%� `A `� I ( m sseaX}° CS p• _--..� -ar:ee'>`5pF} 146.133 Sgit "' y \ 1 I / LOT 32 T3p�L nK, fs �UD 0.73 ACZ -- '_ EXISTING EDGE OF PAVOAENT 1 .5 �- _ 49 ✓ - E%ISRxG BACK OF CURB AC. \ �l3.782 SpFt W �` �_�^ \ LOT I 4 tj5 H� 0.32 AG JI+ / y F 20.57 662�Fl ,-7 �� IXISDNG SIDEWALK j 48 346 SpFI / o AI8019'42 E 403.00' tp' VEGETATION AREA 3 \ 1.11 AG S L,.p. ' 4JXF 211. ro 120.00' 111.7 � - I I ExisnNG CURB INLET v E%IS NC RCP OY O 'J" b1010 I PROPOSED REALIGNMENT 1. •. T34.s �' v�+m,� �R',¢_^lQ• -� 1 _ NT LOT 51 ZONED AS 4863 r \CUL (TYFI i L- w ty�g� 6� tLI' 1 74B SgFI q IOAGT SgFI&V 9LO7�`t 86•Il j-��1.7]8 Spit 9. TY�� OF FMNERS CANAL Q RAIN RE STIR s L VM1 9 y 0 O= O 'F si42• ^ �dz7 AG 8 _L�T 50/ -ad 1:�SD A/�6 $ f i ExlsnNc wETtAxos DRAIN RETENTION m� J1' "yy 12GS9'� 120.00' If1.7 _ .y POND(TYP) ` •6' Oq - -A _ �y,.06 tf'C• T�7-- 1/'01'`b '3' N � 16.59' KV49143T 144.75'� - 1 6 AS t we-P.UBLIC ACCESS V -_ ."l� . pACC' LOT 27 LO419.443 Y� 23 Q 16.392 S 'g' 9d U jyYi �580/1'36'W T U O.JS AG �� O 0,0 0.5-A Ti•, � 611 Fl O.JS A N89M'S6T i / 7jt.7)•aF ^ 18.9 3'SpFt 11,,,,�~, F�(•9 1.1g0.JI' 1� •a L•b�9 _ LOT NUMBERS WIINNOTE PRF1'1%DENOTE Wr33 800' o YO Q AG ♦ ?nm 0 L• T� b SpE COMMON PARKING AREA LOTS AND ARE &523k E e, w 91A1' w �\- LOT 55 ,- 8 •/�\\ _ U'1 i L / ZJI S9F '� fzJ� -J"'•F. p�7 jJ0 lam• - LOT 53 Z 1P13 Fl 2052�G L ENTIRELY ENCUMBERED 8Y PUBLIC ACCESS LO 0 - q�6.37 AG V"� /" I EASEMENTS.S /1/ 7;[a D:y. L T9 7•JJ',7 �' 11.271 S. ,{N L ANAL PU LOT 38 � 31'O7• .I9 1 .1 ,0.26 AC '�' S ACCESS STRIP EXISTS ALONG 041 AC. (/ IV C L. R 17400' N89/9'13Y IJ7.IB'� N0919'ISE A I'-WIDE NO-ACCESS&PUBLIC / /� N262527F 20.47 O /1y ACCESS EASEMENT iI I / �� ) J0.]Y 0.47 pG t 28.26� ° ISS.OD' .78 ,4.00 ' FOWLER AVENUE.GARFIELD STREET.AND WEST N89N' / sbV ,48D0 '�'•( ,I315 CFI ��4 J'r(•�- - My-u Jly 1 Q Z �r • I 1 ZONED MAIN STREET. DIRECT ACCESS WTTHN THIS SUBDIVISION TO THESE LOTS it m LV 111/ o n _ , 4,081 SpFL �• 'N'78Y 7S(D• A.• F. '� ti LOT QS ts S RIGHTS-OF-WAY IS PROMIBRED EXCEPT AT 16'193 s t \ 0.94 S, 8123• �$ �' I I 3s.oJo spFt T e 15 y� r N _ '® 'FfnJ .�-,xcb7,T16. A 8. 'o�.rm .'• II' o.syAc. T 46 - _d / �-- APPROVED LOW1wxs. 1R1•CNo. T2TATyro d,TION q /$ d m� N 4rny�J,•, .® _ g _ �p� '\/ = 30.8 _L-- OT 59 - )e - LO'G56 COVENANTS 35r y AT p If,1 597,5 N I lR E N3 Y ! S7i�+ to / r•^�-`! r 0 2 7 lAC ~ I I -Lzuc,E wDiTI ' 0.80 AC. 8 28 617 E o mo Ad w 56596 SpFI I \ SUB REFER O WE FOR SETBACK UIREMENTS ON \ � /---r/ ^- •� Y ' 1 PUBLIC ACC r•T •Cy8 '7 o LOT 43 "°J._ �.� u Ji o & UlY ES N_W0E�Z MJN Y S /1160D' N � T IB 3.9DO SpFI PVC/a¢a, m FL ill. f UO EACH LOT. E W' TONED AS 7 1 .,.,, xe 31'a'E -t0'id4 '$. JJ _ -. ----- --- -J� --- ( ]o' ERS ply LOTS ARE SUBJECT TO THE FOLLOWING ` J V 1/870' +y, 2 L 42 A-(' 9: I -_--_- --_ ./- -. f& BUC PUBUC UTILITY EASEMENTS: N !I SBON'38 i y, 4803 SpFI 3.900 Spit C7 r -49' I65.fi9' ;' 1 12 ACCESS ES 118A0 ;mm // '(nJ - 10'ALONG ALL LOT LINES ADJACENT TO _ _19'13T 248,W___ _110.00-_ __ate' ___ _ ___ PUBLIC STREET&UTIL ESMI 31T.O0 PUBLIC RIGHTS-OF-WAY (GARFIEID ST.&FOWLER AVEJ- N .I /L �, N / 8 /I I -10'ALONG ALL REAR LOT LINES +. r-! .(4 J1,607$g I 33 PUBUC ACCESS. 1 I !%23 SgF /'` i 0.73 AG �iP O �, ,.35'PUBUC ACCESS. STORM DRAINAGE \ DOG 82 27251 o A j ' /047 A 1 / C '`+7'0 •,�'4 m I S70RUry FASEM E. & ul I. _ 111 / LOT 47 0 100 EASEMENT �I .• ARSTCREjp� IB 13 Y $ PER ANNEXATION I 14•yqf _ LID T v 2.69 AC. FAGREEMENT AVE.) J� . t Ac.t ''S• \� LOT CIO LOT CII •� V , - I OT Cl2 - A 0---.SLOTS � LOT ( - ISIs' u, •� 18 5 LOT $ I17,250-SSFt 1/�6.380 Spit 66,73 Sgil 4-1 11 SpFI U '� /.90-AC. Y"• /E Bt�SpFI r /.48"A -. SW49'43Y I.SS AC. ffi 7.05 AC. i) L07% 110.00 ; T 211 1 SaFI 8 N t` , N i y 1 _ O48 ACC.. 8 w I \ 1 20' FOR ACCCESS OT 48 1 J VVV _ - - - NBONAR{ "11,680 SpFt o '\ 19 STRIP n2T I 32S' \/ STRIP -z PUBUC STREET& 30'FARMERS ' BL1C-S1REE7- ---ZONECTPL-1- --- ---- EATSTING STORM � Y mv.ESMT(CARLAEID ST) ZONED AS CANAL&Pueuc i &UTIL ESMT(GARFIELD ST.) PUBLIC STREET&UTIL ESMT DRAIN RETENTION ff / \ DOC./2127249 ACCESS EASEMENT DOC./2127250 (PUBLIC 57.&FOWLER AVE.) POND(lw) STATE OF yDNMWI DOC./2127251 ENDOM(ENT AND RfSERAIY(FOUNDATION A]MORRISON907EM4N,MT 59715 °®' 1/4 SEC. SECTION TOWNSHIP RANGE 100 ( � SSE0 50 100 t4 25MAIERL 75 IN FEE )- w -rrE,LN CONTOUR NTERVAL F 1 FOOT wm on mi mavrtm-o.n xni._pm- r-T.oO m-ran PRINCIPAL MERIDIAN. MONTANA CLIENT:Mitchell Develoomenl Crouo GALLATIN COUNTY. MONTANA BASIS OF BEARING BEARINGS FOR THIS PLAT ARE BASED ON - FIELD WORK DATE:7/26/05 PLOTTED DATE: Aug/03/2005 - 11:55:59 Om DRA PLAT OF WEST COLLEGE MINOR WING NAME:w2 WE BEARINGS SHOWN ON THE AMENDED DRAWN BY: SMR SCALE: N:\36J6\Ow\ACAD\PRECUT\Box Glq Mot Plot-9.. SUBDIVISION No.195A CHECKED BY.SJM pgOJ#;3638.003 1 SHEET 2 OF 2 . 1 I i II ' � i i i CIT* BOZEMAN • DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M.Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 vwvw.bozeman.net MEMORANDUM TO: BOZEMAN CITY COMMISSION FROM: DAVE SKELTON, SENIOR PLANNER RE: BOZEMAN GATEWAY SUBDIVISION P.U.D.DEVELOPMENT MANUAL ZONING APPICATION NO. Z-05217 DATE: FEBRUARY 1,2006 ----------------------------------------------------------------------------------------------------------------------------- Attached please find the revised Development Manual for the Bozeman Gateway Subdivision P.U.D. located on West Main Street south of the Gallatin Valley Mall. A condition of C.U.P. approval by the City Commission stipulated that upon submitting an updated Development Manual to address the conditions of approval, a copy would be provided to members of the City Commission to offer comments for consideration by the Planning Staff,and Design Review Board. Prior to receiving Final P.U.D. Plan approval the Planning Staff and D.R.B. shall review and approval the Development Manual, Final Site Plan and Final Landscape Plan against the recommendations set for by the A.D.R. staff and the D.R.B., as well as the City Commission. The Design Review Board is scheduled to review the Development Manual at their next regular scheduled meeting of Wednesday, February 8, 2006. Should members of the City Commission wish to offer comments on the submittal, staff respectfully requests that you e-mail your comments to our office by no later than next Tuesday, February 7, 2006 at 5:00 P.M. Staff will forward your comments to the members of D.R.B. and discuss your points at Wednesday's meeting. This item was not intended to be a regular agenda item before the City Commission, only to allow the Commission to offer comment on the document. Please feel free to contact the Planning Office if you have any questions. DS/dps Attachments: Development Manual Applicant's Written Narrative planning • zoning • subdivision review • annexation • historic preservation . housing . grant administration • neighborhood coordination I' 1 t .M' itch e11 Development Group commercial real estate development P.O.Box 738,Great Fails,MT 59403 Ph.406-76-4400 Fax 406-761-4401 April. 5, 2006 City of Bozeman Department of Planning& Community Development 20 East Olive Street P. O. Box 1230 Bozeman, MT 59771-1230 Re: The Bozeman Gateway Subdivision PUD—Zoning application # Z-05217 Dear Sir: The enclosed Development Manual for the captioned project contains a number of illustrations of conceptual lighting and signage designs which may not specifically comply with the published City of Bozeman Unified Development Ordinance (UDO). Please be advised that all project lighting and signage shall comply with the aforementioned UDO unless a deviation and/or variance is requested and granted by the appropriate City of Bozeman governmental authority. Sincerely, Mitchell Development Group,LLC Ted Mitchell Operating Manager N'JFFJ4E LAHE� AL% , # { Lu �Cr Q Ch •GARRE-L•D-SIRE 0 ,o ar is- o iIIo :urnntgs in,nforr- ation an d ,Map D SD yFs I AV1dS10 OW aNtl NOIltlWHOdNI O N91S 1N3WONOW UOIS clod r i i tiJ `- 'r« -�.i'•f j Y f is os os «o-,e ": AVM3AVD _\' AVM3AYD � 111��aVY � iNA e Awan 010 'r:H li os et, s \ fff r^ e 6•U : S r e•-a^ a Cb ~ B ti g 5 CITOF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 ;;.. 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net June 7, 2006 Ted Mitchell Mitchell Development Group, L.L.C. P.O. Box 738 Great Falls, MT 59403 Jim Ullman Morrison-Maierle, Inc. 901 Technology Boulevard P.O. Box 1113 Bozeman, MT 59771-1230 RE: The Bozeman Gateway Subdivision P.UD. Zoning Application #Z-05217 Dear Ted and Jim, Enclosed please find three (3) signed copies of the approved Development Manual for the Bozeman Gateway Subdivision P.U.D. located south of Huffine 191/West Main Street, east of South Fowler Avenue and north of West Garfield Street. On Monday, December 12, 2005 the City Commission conditionally approved the application for a Conditional Use Permit for the Bozeman Gateway Subdivision Preliminary P.U.D. Plan to develop a mixed-use commercial, professional office and retail planned unit development on 72.2 acres legally described as Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A located in the NW '/a of Section 15,T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The approved Development Manual reflects the forty-two (42) conditions of approval set forth by the City Commission that are outlined in the approval letter dated December 21, 2005. Please keep in mind that the Development Manual is a guideline that outlines the architectural and landscape guidelines that implement the vision for the "lifestyle center" considered by the City Coinnzission. Said approval of the relaxations to the U.D.O. that were granted by the governing body is based on the merits of the proposal as outlined in the approved Manual. However, Final P.U.D. Plan approval by the Planning Director does not grant you final approval for each specific land use proposal within the development with out first considering each . project individually. Each proposal for development within the Bozeman Gateway Subdivision P.U.D. requires review against the City of Bozeman Unified Development Ordinance and Bozeman Design Objectives Plan. It will also require further review of each commercial project based on its merits, which will further evaluate the site against the Development Manual and such zoning disciplines related to signage, setbacks, screening, off- street parking, and pedestrian circulation, etc. planning • zoning . subdivision review . annexation • historic preservation • housing . grant administration . neighborhood coordination Keep in mind that you may consider modifications to the Development Manual and/or relaxations to each specific land use proposal part of the mixed-use commercial planned unit development by applying for a Conditional Use Permit, or other applicable review process. However, said revisions require a public hearing before the City Commission for approval. Please feel free to contact at the Planning Office at (406) 582-2260 if you have any questions regarding Final P.U.D. Plan approval of the Development Manual and Bozeman Gateway Subdivision P.U.D. Good fortune with the project. Sincerely, David P. Skelton Senior Planner cc: Planning File No. P-05049 Zoning File No. Z-05217 Page 2 CI00F BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planni-ig@bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net MEMORANDUM TO: BOZEMAN DESIGN REVIEW BOARD FROM: DAVE SKELTON, SENIOR PLANNER RE: BOZEMAN GATEWAY SUBDIVISION P.U.D. DEVELOPMENT MANUAL ZONING APPICATION NO. Z-05217 DATE: FEBRUARY 1, 2006 --------------------------------------------------------------------------------------------------------------------------- The Planning Office has reviewed the revised Development Manual for the Bozeman Gateway Subdivision P.U.D.; and as a result, offer the following comments for consideration. Staff finds the document acceptable with the recommended modifications or additions outlined below, realizing that each project will be considered further against the document during Site Plan Review. General: Both the Planning Office and D.R.B. must review and approve the Development Manual. A Landscape Plan and Final Site Plan will still need to be submitted for review and approval also. However, the majority of this information is included in the Manual. Final Landscape Plan: The exhibits in the Development Manual are very effect but should not be considered a substitute for the Landscape Plan for the entire development. The manual is a supplement to the Landscape Plan that contains typical details of landscape areas and features The Final Landscape Plan must identify landscape features in relation and proximity to existing power poles, property line, underground faculties, etc. The entire length of the West Main Street entryway corridor must be addressed with the Landscape Plan. The West Main Street corridor calls for informal landscape features in concert with a formal spacing of boulevard trees at one (1) tree per fifty (50) lineal feet. Screening of the off-street parking lot from the entryway corridor is minimal and requires a typical detail of how the parking lots will be screened from the corridor. This would also apply to West Garfield Street, Chronicle Lane, and Harmon Stream Boulevard. There was discussion on providing a typical landscape feature along the corridors .hat suggests the more native type species and/or more non-traditional landscape features along the water corridors, as well as the West Main Street entryway corridor. Also a typical landscape feature in the plaza areas along the watercourse that is not part of planter bed, or raised seating area, but a continuation of the same ideal along the other natural corridors. planning . zoning . subdivision review . annexation • historic preservation • housing . grant administration • neighborhood coordination Final Site Plan: I The Final Site Plan for the entire development will include the revisions discussed in the Development Manual, including placement of the information areas, bus transit stop, seating features along the corridors, landscape seating areas in the parking lot areas, Signage: There is a need for a common signage plan that depicts a specific signage theme for project identification signs related to monument and pylon signs for the project. Only one (1) project identification pylon sign per street frontage. No personal pylon signs for an anchor tenant. Chapter I Introduction: Section C (page 10) — Review of the main street corridor calls for a wider sidewalk between'the buildings and on-street parking spaces. Subdivision review discussed the sidewalk being 12-feet wide and defined as that area between the on-street parking and the required 7-foot setback from the property line for all structures. This should be included in the Development Manual to assist with defining the main street for the lifestyle center. Chapter II Site Development Standards: Section A.5 (page20) — Site maintenance and grading, particularly in open space corridors, stream corridors and entryway corridors, the minimum allowable grading for landscaped features is 4:1, or 25% slope. It should be made clear what areas may be 3:1, or 33% slope, please provide an example of j what you're talking about here. Landscaped areas are limited to 4:1, or 25% slope. See Section 15 - Grading on page 12 of staff report. Section B.Ld (page 23) — view of drive-thru facilities should also apply to Fowler Avenue and West Garfield Street. Section B.Ld (page 24) — Section 18.44.090.C.2.b(2) of the U.D.O. calls for a minimum width of 16 feet for one-way drive aisles. i Section B.4.c (page 28-29) —The exhibit on page 28 does not show sidewalks, or "walkways", on both sides of Technology Boulevard as in intersects with Fowler Avenue. If this is the main street for the "lifestyle" center sidewalks must be on both sides and is required by the U.D.O. Section B.6 - Snow Clearing (page 31) — if the plan is to have shared parking throughout the development, it is going to be impossible to oversize lots to address snow storage. Probably need language about provisions for snow removal from the site. Otherwise, this language will be an issue during site plan review for each project. Section D — Green Space (page 44) —The location of the transit stop is a workable location. The issue is having adequate width for two-way traffic and the ability to provide a pull-out area for buses. May, Page 2 or may not be an issue. The detail is good start, but better attention needs to be given to it in the Manual. Section E.1 — Site Lighting and Signage (page 49) —The second light fixture does not comply with the U.D.O. and would need a variance (i.e., exposed lens and bulb). There also is no discussion about pedestrian lighting, particularly along the trail corridors within the interior of the development (i.e., bollard lighting). Section E.La — Site Lighting and Signage (page 49) — Lighting fixtures, both street and parking lot fixtures and poles, can not exceed a height of 20 feet. Section E.Lb — Site Lighting and Signage (page 49) — Parking lot light illumination may not exceed 0.2 foot candles. Only accent lighting of building entrances may be an average of 5.0 foot candles. Section E — Site Signage (page 50) — For the record all pylon signs must be setback from the property line and not in the public right-of-way. The exhibit suggests that this is possible. Only one pylon sign is permitted on each street frontage, basically three. Exhibit on page 50 needs to identify the three signs. Nine monument signs to identify the project is not feasible, three pylon signs at the main entrances and p J pY g six monument signs at the street intersections is feasible. You will need to modify the exhibit accordingly. A common signage plan, depicting design, dimensions, height, materials and method of illumination for the pylon and monument signs must be provided. Are the signs in the exhibit on page 51 pylon signs, or monument signs? By the U.D.O. monument signs may not exceed a-zeight of 5 feet. Just need to get this squared away on what you're calling monument signs. Section E.2.9 and E.2.h — Site Lighting and Signage (page 52) — The common signage plan needs to define the design, materials dimensions, etc., etc. This could suggest that a tenant may have their own pylon sign, which is not correct. A project identification pylon sign may have tenant space on it, but tenants may not have their own pylon sign (i.e., supermarket). Replace the exhibits on page 52, or incorporate the design of the project identification signs for Bozeman Gateway to illustrate on the design mirrors the present quality and design. Section F.2.g — Utilities, Grading and Drainage (page 55) — Max slope is 4:1, or 25%, if its not hardscape. All landscape features, required yards, parking lot landscape, storm water facilities must be 25% slope. Provide an example of what you're talking about. Chapter III Landscape Design Standards: Section A—Overview (page 60) - The exhibit needs to illustrate staff s discussions with the landscape designer to include the formal spacing of boulevard trees along the entryway corridor. The Landscape Plan will reflect the same design, but expand on the landscape features in proximity to trails, ponds, over poles, and utilities. Section A—Overview (page 61)—Great detail of the landscape island in the parking area. Section B.l.m — Vegetation (page 64) — Shade trees "shall' be a minimum of 2" caliper, not "should" be of 2" caliper. Page 3 t Section C.5 and 6 — Hardscape (page 71) — Will need to verify specifications with City parks department to comply with their trail specifications. Section c.8 —Planters (page 73)—Good! Section D— Storm Water Facilities (page 75)—Good! Section E — Maintenance (page 77) — Make sure to add a section that discusses the location and placement of wells and associated mechanical equipment that are screened from the generally public and not an eyesore. Note that placement will be reviewed and approved by the Planning Office. Chapter IV Building Design Standards: Section B —Building Exterior (page 93 and 94) —There is an approved building height of up to 65 feet for the entire project, no higher. Section B — Building Exterior (page 99) — Condition #19 of the C.U.P. approval states that not more than 25% of any building facade shall be covered with a synthetic surface. Section B.g—Building Exterior (page 103) - Strike this section it does not comply with condition #29. A translucent or transparent awning does not have to be back lit to be obtrusive. The illumination from the store front could cause enough illumination in itself to be make the awning appear to "hover" at night, be obtrusive, or become a distraction. Section D.1 — Building Lighting (page 114) — This section is acceptable as long as it states that "no neon tube or LED lighting, or similar lighting, may be used unless it is used as an architectural feature as a indirect backwash to the building facade. Said lighting and fixture will not be visible from the adjoining street, or sidewalk by the pedestrian passerby." Also include the reference to exposed, unshielded lighting. Section E — Building Signage — Internally Illuminated, Fully Integrated Cabinet Signs (page 121) — Include the language required in condition #33 of C.U.P. approval that discusses three-dimensional component with a sense of architectural relief. V. Review Procedures: DA—Final Review (page 142)—Just state that applicant will submit to the City of Bozeman a site plan review application in the accordance with the COB U.D.O. for review and approval by the applicable review agency. Point being that the City of Bozeman could look at it if a variance or deviation is requested, or a modification to the PUD. DS/dps cc: Mitchell Development Group; L.L.C., 1315 8t" Avenue N., Great Falls, MT 59401 Carter& Burgess Consultants, Inc., 1420 W. Mockingbird Lane, Suite 800, Dallas, TX 75247 Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, MT 59771 Page 4 ECE � V E D MAY 2 3 2006 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT The Bozeman Gateway Subdivision P.U.D. P f Gallatin County January 2006 • 3638. 003 CIT F BOZEMAN DE TMENT OF PLANNING AND C MUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 � P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.n.et December 21; 2005 Ted Mitchell Mitchell Development Group,L.L.C. P.O. Box 738 Great Falls, MT 59403 Greg Stratton Momson-Maierle, Inc. 901 Technology Boulevard P.O. Box 1113 Bozeman, MT 59771-1230 RE: The Bozeman Gateway Subdivision P.UD. Planning Application #P-05049 Dear Ted and Greg, On Monday, December 5, 2005 the City Commission conditionally approved the subdivision of 72.2 acres into 61 commercial lots on property is legally described as Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A located in the NW 'A of Section 15, T2S, R5E, P.M.M.; City of Bozeman, Gallatin County, Montana. The proposal was evaluated against the review criteria and requirements of the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The City Commission's decision was based on the fact that, with conditions,. the proposal will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Unified Development Ordinance and the adopted Growth Policy. The decision of the City Commission is final. The conditions of approval are as follows: 1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Raised concrete medians shall be installed on Fowler Avenue with Phase I of the subdivision. 3. The private access onto Fowler between Technology Boulevard and Garfield Street shall be. right in- right out only unless a deviation is. granted by the City Engineer. This shall be controlled by not installing a break in the median on Fowler for this access. • planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination 4. All internal streets shall be privately maintained. The private.streets shall be clearly delineated on the final plat, and the provisions of 18.44.020.2 shall be complied with in regard to funding the maintenance of the streets. i 5. Several parts of section 13, Completion Time for Site Development, of the preliminary plat submittal reference "The Applicant or Site Developer". The Applicant, not the Site Developer must be responsible for all aspects of the project until such time as all of the infrastructure is in.and accepted by the City. This includes drawing of all building permits. 6. Where a path is being proposed in lieu of standard sidewalk, it must be a minimum of 1 T wide as shown in the Greater Bozeman Area Transportation Plan, unless a relaxation is granted by the City Commission. 7. Flow monitoring shall be performed after construction on 50% of the lots within the subdivisions west side sewer zone as defined in the preliminary plat submittal to determine the remaining downstream sewer capacity. Any required improvements to the downstream system shall be installed prior to issuance of any additional building permits on the lots within the west side zone. This requirement shall be null and void if the Fowler trunk main is installed from Huffine Lane to Cattail Street. 8. The covenants shall require the installation of sprinkler systems in all buildings as called for in the water system hydraulic analysis completed for the project. As an alternative, additional modeling may be performed to show that adequate fire flows exist without the installation of the sprinkler systems. 9. The water system hydraulic analysis shall be revised to only include existing maint.and those that are proposed with the project. 10. All stormwater shall first be routed though an approved means of treatment if the Stormtech System is used in lieu of detention or retention ponds. All stormwater facilities that collect runoff from public or private streets shall be installed with the infrastructure for each phase of the subdivision. 11. All improvements necessary to provide adequate level of service for the analyzed intersections must be installed with the project. 12. A one (1) wide "No Access Strip" shall be shown on the plat along the entire lot frontage of Fowler Avenue, and Huffine Lane. 13. The sidewalk adjacent to Fowler Avenue shall be 6' wide. 14. All weather access roads shall be installed to provide access to any sewer manholes that are-not located within paved areas. This shall apply to temporary situations caused by project phasing as well as permanent ones. 15. All pedestrian/bike pathways (i.e.., soft trials) proposed with the subdivision will be constructed to a Type II standard, siz feet wide, and the US 191/Huffine Lane/West Main Street pathway constructed to a Type I asphalt pathway, ten feet wide, unless otherwise approved by the Recreation and Parks . Advisory Board and the Superintendent of Parks and Public Facilities, that all pedestrian/bike pathways not located in dedicated parkland will be located in a minimum 25-foot wide public access easement, and noted accordingly on the final plat and in the property owner's association documents. A typical • cross section of the public trails, both Type I and Type II, shall be included in the landscape guidelines Page 22 0 and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval. 16. That the contractor physically installing said trail improvements shall be required to hold a pre- construction meeting with the City of Bozeman Parks Department prior to proceeding with installation of said trail improvements and provide the Planning Office with written approval by the Park and Recreation Superintendent to proceed with construction of the trail improvements, and that said provisions and trail specifications be noted accordingly in the property owner's association documents for review and approval by the Planning Office 17. No sanitary sewer and/or storm water mains will be installed within Open Space #2 and/or Open Space #6 along the entryway corridor of US 191/West Main Street or any other open space area(s) designated to satisfy the required open space points for the planned unit development. 18. No underground storm water facilities will be installed within Open Space #2 along the entryway corridor of US 191/West Main Street or any other open space area(s) designated as such to satisfy the required open space points for the planned unit development. 19. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. 20. That the applicant provides documentation prior to final plat approval of the initial phase(s) for The Bozeman Gateway Subdivision P.U.D. of receiving the applicable access/encroachment permits for Chronicle Lane onto West College Street. 21. All areas designated for use as "Common Area" owned and maintained by the property owner association shall not be referred to as lots; but as "Common Areas" and identified according as specific open space areas on the plat (i.e., Common Area 8,not Lot C8). Common areas are not subdivision lots and should not noted as such on the final plat. 22. Lot 10, 11, 12 and 13 shall be described on the final plat as four consecutive subdivision lots with adjoining side yard boundaries and the frontage of each lot extending to the right-of-way of Fowler Avenue. The final plat shall also contain a notation on said lots that no structure shaL be constructed over the public access and utility easements. 23. All subdivision lots shall have frontage onto a public street, approved public alley, or public access easement, unless a relaxation to Section 18.42.030.I "Frontage" of the U.D.O. is granted by the City Commission. 24. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash in-lieu of.water rights based on an amount determined by the Director of Public Service. 25. That the applicant modify the protective covenants of the property owner's association as outlined in the staff report and that the applicant submit a revised draft of the protective covenants for review and aapproval by the Planning Office at least thirty (30) days prior to submitting for final plat approval of the initial phase of the major subdivision. Page 0 26. All areas for the purposes of open space, storm water runoff facilities, and other common areas owned . and maintained by the property owner's association (i.e., off-street parking and open space areas) shall be identified on the final plat as "common area" and/or "common open space", and noted accordingly in the protective covenants of the property owner's association documents. The Final.Plat shall note the area designated to meet the Common Open Space requirements for The Bozeman .Gateway Subdivision P.U.D. (10.10 acres). 27. (Section 18.42.040.H) All subdivisions shall clearly delineate subdivision blocks each containing its own grouping of lot numbers. 28. (18.42.060.A.1) All easements shall be described, dimensioned and shown on the final plat in their true and correct location. 29. (18.42.060.B.1.a and 18.42.060.C.3) Building setbacks and permanent structures shall be coordinated with all provided utility easements. Utility easements greater than the required building setbacks shall be noted to that effect and placed on the final plat and/or final plan (i.e., Fowler Avenue and Garfield Street) and noted accordingly in the protective covenants. 30. (18.42.080.F) Storm .water facilities shall not occupy more -than one-third of a required front yard, including, but not limited to frontage along US 191/West Main Street. All subdivision exhibits that reference surface water ponding along the West Main entryway corridor (i.e., drainage basins, storm water runoff facilities, landscape plans, site plans, etc.) shall reflect.the same delineation boundary for said ponds, for review and approval by the Planning-Office.pnor to final plat and final plan approval. 31. A reciprocal access and parking easement shall be provided for all shared accesses and parking facilities. The easement shall state that the drive accesses and parking areas are pertrutted reciprocal use by all of the lots of the subdivision. 32. Construction fencing shall be installed along the required stream setbacks to protect water quality and the adjacent vegetation during construction. Said fencing shall be.properly staked and field verified by the Planning Office prior to final plat approval of the first phase and prior to proceeding with surface preparation and/or site construction 33. The subdivision shall comply with all approved conditions of the Planned Unit Development and the subdivision shall comply with the approved Master Plan and Development Manual Guidelines for the Planned Unit Development. 34. The recorded covenants shall indicate that the property owner's association is responsible for the maintenance of the common open space, wetlands, watercourse setback and trails. Nox=ous weeds shall be controlled as directed by the County Weed Control District and in accordance with the Montana County Noxious Weed Control Act. The property owner's association shall be responsible for the continued control of the weeds and fulfillment of the revegetation plan. 35. That prior to final plat and final plan approval the.applicant shall apply for, and receive approval of, a zone map amendment for the east 21.8 acres from `BP". (Business Park District) to "B-2" (Community Business District) and Paae 4 i N 36. The applicant shall obtain and provide the Planning Office with the applicable access permits) from the Montana Department of Transportation for the access onto US 191/West Main Street from Harmon • Street Boulevard and Chronicle Drive and shall comply with all requirements of the permit. 37. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. 38. A minimum 5-foot wide boulevard sidewalk with a 5 '/2 foot wide boulevard shall be constructed along the north side of Garfield Street with a right-of-way of adequate width to be one (1) on the inside edge of the boulevard sidewalk and noted accordingly on the final plat. A typical right-of-way illustrating the boulevard sidewalk in relationship to the right-of-way shall be submitted with the final plat application for review by the Planning Office. 39. That the applicant submit with the application for Final Plat review and approval of The Bozeman Gateway Subdivision P.U.D., a written narrative stating how each of the conditions of Preliminary Plat approval and code provisions outlined in the staff report have been met or satisfactorily addressed. The Findings of Fact and Order will be drafted and signed by the City Commission no later that thirty (30) days from the decision of the City Commission. Said conditions of approval include mod-fications by the City Commission to staff recommendations, as well as the addition of conditions by.the governing body. Staff would recommend that you schedule a meeting.to discuss the details of the conditional approval and how it will effect your construction schedule. Please feel free to contact me at 582-2260 if you have any questions regarding the above comments, status of the applications or the review process in general. Sincerely, 1 David P. Skelton S k nior Planner cc: Planning File No. P-05049 . Zoning File No. Z-05217 Page 5 Se Bozeman Gateway Subdivision P.G. APPROVAL CONDITIONS 1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Response: Applicant Agrees. 2. Raised concrete medians shall be installed on Fowler Avenue with Phase I of the subdivision. Response: Applicant Agrees. 3. The private access onto Fowler between Technology Boulevard and Garfield Street shall be right in- right out only unless a deviation is granted by the City Engineer. This shall be controlled by not installing a break in the median on Fowler for this access. Response: The private access onto Fowler between Technology Boulevard and Garfield Street has been review by the City Engineer to • provide a 3/4 movement at this location. A deviation was granted and the correspondence is located under tab 3 of this document. 4. All internal streets shall be privately maintained. The private streets shall be clearly delineated on the final plat, and the provisions of 18.44.020.2 shall be complied with in regard to funding the maintenance of the streets. i Response: Internal streets will be privately maintained. Right of Way will be dedicated on the Final Plat for Technology Blvd., Harmon Stream Blvd., Fowler Avenue and Garfield Street. 5. Several parts of section 13, Completion Time for Site Development, of the preliminary plat submittal reference "The Applicant or Site Developer". The Applicant, not the Site Developer must be responsible for all aspects of the project until such time as all of the infrastructure is in and accepted by the City. This includes drawing of all building permits. Response: Applicant Agrees. 6. Where a path is being proposed in lieu of standard sidewalk, it must be a minimum of 10' wide as shown in the Greater Bozeman Area Transportation • Plan, unless a relaxation is granted by the City Commission. Page 1 of 8 �e Bozeman Gateway Subdivision P.O Response: The path through the open space along U.S. Highway 191 • (West Main) is planned to be a 10 foot Type I asphalt trail. The path along the west side of Fowler Avenue is being proposed to a 10 foot concrete trail in lieu of a standard sidewalk and asphalt trail. All other trails through interior open space corridors are planned to be 6 feet wide and meet City of Bozeman Standards for Type 11 trails as provided in condition 15. 7. Flow monitoring shall be performed after construction on 50% of the lots within the subdivisions west side sewer zone as defined in the preliminary plat submittal to determine the remaining downstream sewer capacity. Any required improvements to the downstream system shall be installed prior to issuance of any additional building permits on the lots within the west side zone. This requirement shall be null and void if the Fowler trunk main is installed from Huffine Lane to Cattail Street. Response: Applicant Agrees. 8. The covenants shall require the installation of sprinkler systems in all buildings as called for in the water system hydraulic analysis completed for the project. As an alternative, additional modeling may be performed to show that adequate fire flows exist without the installation of the sprinkler systems. • Response: Applicant Agrees. A revised hydraulic analysis will be submitted to City Engineering prior to the submittal of the infrastructure plans. 9. The water system hydraulic analysis shall be revised to only include existing mains and those that are proposed with the project. Response: A revised hydraulic analysis will be provided to the City Engineering Department, for their review, prior to the submittal of the Infrastructure Improvement Plans. 10. All storm water shall first be routed through an approved means of treatment if the Stormtech System is used in lieu of detention or retention ponds. All storm water facilities that collect runoff from the public or private streets shall be installed with the infrastructure for each phase of the subdivision. Response: Applicant Agrees to provide storm treatment systems prior to any storm ware runoff entering the Storm Tech Systems. 11. All improvements necessary to provide adequate level of service for the analyzed intersections must be installed with the project. Response: Applicant Agrees. Page 2 of 8 e Bozeman Gateway Subdivision P.1. 12. A one (1) wide "No Access Strip" shall be shown on the plat along, with the entire lot frontage.of Fowler Avenue, and Huffine Lane. Response: Applicant Agrees and a note is shown on the Plat. Provisions are made to allow the access directly across from Technology Boulevard and one, 1/4 access between Garfield Street and Technology Boulevard off of Fowler. 13. The sidewalk adjacent to Fowler Avenue shall be 6' wide. Response: Applicant Agrees. 14. All weather access roads shall be installed to provide access to any sewer manholes that are not located within paved areas. This shall apply to temporary situations caused by project phasing as well as permanent ones. Response: Applicant Agrees. 15. All pedestrian/bike pathways (i.e., soft trails) proposed with the subdivision will be constructed to a Type II standard, six feet wide, and the US 191/Huffine Lane/West Main Street pathway constructed to a Type I asphalt pathway, ten feet wide, .unless otherwise approved by the Recreation and Parks Advisory Board and the Superintendent of Parks and Public Facilities, that all pedestrianibike pathways not located in dedicated parkland will be located in a minimum 25-foot wide public access easement, and noted accordingly on the final plat and in the property owner's association documents. A typical cross section of the public trails, both Type I and Type II, shall be included in the landscape guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval. Response: Applicant Agrees. A note is shown on the plat. Details are included in the Development Manual located in. Section III . (Landscaping Design Standards) Part C. (Hardscape) Paragraphs five (5) and six (6). See pages 71 and 72 of the Development Manual located under tab 15 of this document. 16. That the contractor physically installing said trail improvements shall be required to hold a preconstruction meeting with the City of Bozeman Parks Department prior to proceeding with installation of said trail improvements and provide the Planning Office with written approval by the Park and Recreation Superintendent to proceed with construction of the trail improvements, and that said provisions and trail specifications be noted accordingly in the property owner's association documents for review and approval by the Planning Office. Response: Applicant Agrees. Page 3 of 8 fie Bozeman Gateway Subdivision P.O. 17. No sanitary sewer and/or storm water mains will be installed within Open Space #2 and/or Open Space #6 along the entryway corridor of US 191/West Main Street or any other open space area(s) designated as such to satisfy the required open space points for the planned unit development. Response: Applicant Agrees. 18. No underground storm water facilities will be installed within Open Space #2 along the entryway corridor of US 191/West Main Street or any other open space area(s) designated as such to satisfy the required open space points for the planned unit development. Response: Applicant Agrees. 19. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. Response: Condition number 19 has been completed. Approval letters are located under tab number 19 of this document. 20. That the applicant provides documentation prior to final plat approval of the initial phase(s) for The Bozeman Gateway Subdivision P.U.D. of receiving the applicable access/encroachment permits for Chronicle Lane onto West College Street. Response: In discussions with the City Engineering Department no access/encroachment permit is required for Chronicle Lane onto West College Street. 21. All areas designated for use as "Common Areas" owned and maintained by the property owner association shall not be referred to as lots, but as "Common Areas" and identified according as specific open space areas on the plat (i.e. Common Area 8, not Lot C8). Common areas are not subdivision lots and should not be noted as such on the final plat. Response: This change has been made on the Final Plat. 22. Lot 10, 11, 12 and 13 shall be described on the final plat as four consecutive" subdivision lots with adjoining side yard boundaries and the frontage of each lot extending to the right-of-way of Fowler Avenue. The final plat shall also contain a notation on said lots that no structure shall be constructed over the public access and utility easements. Page 4 of 8 Oe Bozeman Gateway Subdivision P.O. Response: Preliminary Plat Lots 10, 11, 12 and 13 are shown on the Final Plat as Lots 1, 2, 3 and 4 of Block 5, as required by condition #27. The lots are now shown to extend to the right-of-way of Fowler Avenue and a note has been placed on the plat stating that no structure shall be constructed over the easement. 23. All subdivision lots shall have frontage onto a public street, approved public alley, or public access easement, unless a relaxation to Section 18.42.030.I "Frontage"of the U.D.O. is granted by the City Commission. Response: Access will be provided as illustrated on the Preliminary Plat. 24. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount determined by the Director of Public Service. Response: Cash in-lieu shall be paid as determined by the Director of Public Service prior to Final Plat review and approval for each phase. 25. That the applicant modify the protective covenants of the property owner's association as outlined in the staff report and that the applicant submit a revised draft of the protective covenants for review and approval by the Planning Office at least thirty (30) days prior to submitting for final plat approval of the initial phase of the major subdivision. Response: Applicant has submitted a revised draft of the protective covenants to the Planning Office for review and approval thirty (30) days prior to the initial phase Final Plat submittal. 26. All areas for the purposes of open space, storm water runoff facilities, and other common areas owned and maintained by the property owner's association (i.e., off-street parking and open space areas) shall be identified on the final plat as "common area" and/or "common open space", and noted accordingly in the protective covenants of the property owner's association documents. The Final Plat shall note the area designated to meet the Common Open Space requirements for The Bozeman Gateway Subdivision P.U.D. (10.10 acres). Response: Applicant Agrees and modifications are made to the Final Plat. The Open Space area as designated to meet the Common Open • Space requirements for the Bozeman Gateway Subdivision is noted as 8.51 acres with Phase 1 and the remaining 1.59 acres will be noted on Phase 4 Final Plat. Page 5 of 8 *Bozeman Gateway Subdivision P.O. 27. (Section 18.42.040H) All Subdivisions shall clearly delineate subdivision blocks each containing its own grouping of lot numbers. Response: Has been indicated on the Final Plat. 28. (18.42.060.A.1) All easements shall be described, dimensioned and shown on the final plat in their true and correct location. Response: Has been indicated on the Final Plat. 29. (18.42.060.B.la and 18.42.060.C.3) Building setbacks and permanent structures shall be coordinated with all provided utility easements. Utility easement greater than the required building setbacks shall be noted to that effect and placed on the final plat and/or final plan (i.e., Fowler Avenue and Garfield Street) and noted accordingly in the protective covenants. Response: A note has been added to the Final Plat. 30. (18.42.080.F) Storm water facilities shall not occupy more than one-third of a required front yard, including, but not limited to frontage along US 191/West Main Street. All subdivision exhibits that reference surface water ponding along the West Main entryway corridor (i.e., drainage basins, storm water • runoff facilities, landscape plans, site plans, etc.) shall reflect the same delineation boundary for said pond, for review and approval by the Planning Office prior to final plan and final plan approval. Response: Applicant Agrees. 31. A reciprocal access and parking easement shall be provided for all shared accesses and parking facilities. The easement shall state that the drive accesses and parking areas are permitted reciprocal use by all of the lets of the subdivision. Response: A note has been added to the Final Plat. 32. Construction fencing shall be installed along the required stream, setbacks to protect water quality and the adjacent vegetation during construction. Said fencing shall be properly staked and verified by the Planning Office prior to final plat approval of the first phase and prior to proceeding with surface preparation and/or site construction. Response: Applicant Agrees. 33. The subdivision shall comply with all approved conditions of the Planned Unit Development and the subdivision shall comply with the approved Master Plan and Development Manual Guideline for the Planned Unit Development. Page 6 of 8 Bozeman Gateway Subdivision P.O. Response: Applicant Agrees. • 34. The recorded covenants shall indicate that the property owner's association is responsible for the maintenance of the common open space, wetlands, watercourse setback and trails. Noxious weeds shall be controlled as directed by the County Weed Control District and in accordance with the Montana County Noxious Weed Control Act. The property owner's association shall be responsible for the continued control of the weeds and fulfillment of the revegetation plan. Response: Applicant Agrees. 35. That prior to final plat and final plan approval the applicant shall apply for, and receive approval of, a zone map amendment for the east 21.8 acres from "BP" (Business Park District)to `B-2" (Community Business District) Response: Zone Map Amendment has been submitted and approved by the City Commission. 36. The applicant shall obtain and provide the Planning Office with the applicable access permit(s) from the Montana Department of Transportation for the access onto US 191/West Main Street from Harmon Street Boulevard and Chronicle Drive and shall comply with all requirements of the permit. • Response: Access Permits are included under tab 36 of this document Chronicle Drive does not access US 191/West Main. 37. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation_ All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. Response: Condition number 37 has been completed. Approval letters are located under tab number 19 and 37 of this document. 38. A minimum 5-foot wide boulevard sidewalk with a 5 %2 foot wide boulevard shall be constructed along the north side of Garfield Street with a right-of-way of adequate width to be one (1) on the inside edge of the boulevard sidewalk and noted accordingly on the final plat. A typical right-of-way illustrating the boulevard sidewalk in relationship to the right-of-way shall be submitted with the final plat application for review by the Planning Office. Response: A 34 foot right-of-way is being dedicated for the north portion of Garfield Street to accommodate this condition. A copy of the typical section for Garfield Street is located under tab 38 of this document. Page 1 of 8 Bozeman Gateway Subdivision A. 39. That the applicant submit with the application for Final Plat review and • approval of The Bozeman Gateway Subdivision P.U.D., a written narrative stating how each of the conditions of Preliminary Plat approval and code provisions outlined in the staff report have been met or satisfactorily addressed. Response: This document fulfills this condition. • Page 8 of 8 • • • � ' I • • 1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. The applicant is advised that . unmet code provisions, or code provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Response: Applicant Agrees. • • • • ■ 2 • • • 2. Raised concrete medians shall be installed on Fowler Avenue with Phase I of the subdivision. Response: Applicant Agrees. • • • i i I I • 3. The private access onto Fowler between Technology Boulevard and Garfield Street shall be right in- right out only unless a deviation is granted by the City Engineer. This shall be controlled by not installing a break in the median on Fowler for this access. Response: The private access onto Fowler between Technology Boulevard and Garfield Street has been review by the City Engineer to provide a 1/4 movement at this location. A deviation was granted and the correspondence is located under tab 3 of this document. • • Pagel of 2 Jim Ullman - RE: Bozeman Gateway- Private Access onto FowlerbetweenTechnology Blvd. and Garfield St. •From: 'Bob Murray" <BMurray@BOZEMAN.NET> To: "Jim Ullman" <jullman@m-m.net> Date: 3/1/2006 11:23 AM Subject: RE: Bozeman Gateway- Private Access onto FowlerbetweenTechnology Blvd. and Garfield St. The deviation is approved. -----Original Message----- From: Jim Ullman [mailto:juliman@m-m.net] Sent: Wednesday, March 01, 2006 10:58 AM To: Bob Murray Subject: RE: Bozeman Gateway - Private Access onto FowlerbetweenTechnology Blvd. and Garfield St. Bob, Attached is the modified exhibit showning a storage length of 50 feet. I used a WB-62 truck to simulate a left turning movement off a Technology Blvd. onto Fowler. The other choice was to move the private access 10 feet to the south. I tried to keep the access centered as best as I can between Technology Blvd and Garfield Street. I-think this works. Jim • >>> "Bob Murray" <BMurray@BOZEMAN.NET> 3/1/2006 8:26:47 AM >>> Jim, the 2"d to the last paragraph states"for turning DVHs less then 60 vph, a minimum storage length of 50 feet be provided". The drawing shows there is only a 40' turn bay provided for the northbound left into lot 1. -----Original Message----- From: Jim Ullman [mailto:juliman@m-m.net] Sent: Tuesday, February 28, 2006 4:33 PM To: Bob Murray Subject: Bozeman Gateway - Private Access onto Fowler betweenTechnology Blvd. and Garfield St. Bob, The Mitchell Development Group has asked me to submit to you for approval, a request for deviation from Condition of Approval #3 of the Planning Application # P-05049. 3. The private access onto Fowler between Technology Boulevard and Garfield Street shall be right in - right out only unless a deviation is granted by the City Engineer. This shall be controlled by not installing a break.in the median on Fowler for this access. Attached is an exhibit showing location and a design to allow left in, yet restricting left out movements. Also attached is a letter from Jeff Key (Robert Peccia &Associates) substantiating the request for the access to be a three quarter movement access. Jeff Key was the engineer who provided the original traffic analysis for the entire project. • If you have any questions or need any more information, don't hesitate to contact me. file://C:\Documents and Settings\jullman\Local Settings\Temp\XPGrpWise\4423B2BCmmiboz_... 4/19/2006 Page 2 of 2 .James (Jim) A. Ullman P.E. Morrison-Maierle, Inc. • 901 Technology Blvd. Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.587.1176 iullman@m-m.net • • file://C:\Documents and Settings\jullman\Local Settings\TempWGrpWise\4423B2BCmmiboz_... 4/19/2006 � � 4 �- • • • 4. All internal streets shall be privately maintained. The private streets shall be clearly delineated on the final plat, and the provisions of 18.44.020.2 shall be complied with in regard to funding the maintenance of the streets. Response: Internal streets will be privately maintained. Right of Way Will be dedicated on the Final Plat for Technology Blvd., Harmon Stream Blvd., Fowler Avenue and Garfield Street. • • • • • � 5 • 5. , Several parts of section 13, Completion Time for Site Development, of the preliminary plat submittal reference "The Applicant or Site Developer". The Applicant, not the Site Developer must be responsible for all aspects of the project until such time as all of the infrastructure is in and accepted by the City. This includes drawing of all building permits. Response: Applicant Agrees. • � � 6 6. Where a.path is being proposed in lieu of standard sidewalk, it must be a minimum of 10' wide as shown in the Greater Bozeman Area Transportation Plan,unless a relaxation is granted by the City Commission. Response: The path through the open space along U.S. Highway 191 (West Main) is planned to be a 10 foot Type 1 asphalt trail. The path along the west side of Fowler Avenue is being proposed to a 10 foot concrete trail in lieu of a standard sidewalk and asphalt trail. All other trails through interior open space corridors are planned to be 6 feet wide and meet City of Bozeman Standards for Type 11 trails as provided in condition 15. • • 7. Flow monitoring shall be performed after construction on 50% of the lots within the subdivisions west side sewer zone as defined in the preliminary plat submittal to determine the remaining downstream sewer capacity. Any required improvements to the downstream system shall be installed prior to issuance of any additional building permits on the lots within the west side zone. This requirement shall be null and void if the Fowler trunk main is installed from Huffine Lane to Cattail Street. Response: Applicant Agrees. • • • • • • ■ 8: 0 • • 8. The covenants shall require the installation of sprinkler systems in all buildings as called for in the water system hydraulic analysis completed for the project. As an alternative, additional modeling may be performed to show that adequate fire flows exist without the installation of the sprinkler systems. Response: Applicant Agrees. A revised hydraulic analysis will be submitted to City Engineering prior to the submittal of the infrastructure plans. • • • • y • 0 9. The water system hydraulic analysis shall be revised to only include existing • mains and those that are proposed with the project. Response: A revised hydraulic analysis will be provided to the City Engineering Department, for their review, prior to the submittal of the Infrastructure Improvement Plans. • • • • • C� '° • • 10. All storm water shall first be routed through an approved means of treatment if the Stormtech System is used in lieu of detention or retention ponds. All storm water facilities that collect runoff from the public or private streets shall be installed with the infrastructure for each phase of the subdivision. Response: Applicant Agrees to provide storm treatment systems prior to any storm ware runoff entering the Storm Tech Systems. • • • • • C " • 11. All improvements necessary to provide adequate level of service for the analyzed intersections must be installed with the project. Response: Applicant Agrees. • • � • • • � �2 • • 12. A one (1) wide "No Access Strip" shall be shown on the plat along with the entire lot frontage of Fowler Avenue, and Huffine Lane. Response: Applicant Agrees and a note is shown on the Plat. Provisions are made to allow the access directly across from Technology Boulevard and one, 3/4 access between Garfield Street and Technology Boulevard off of Fowler. • • r � 13 �. 13. The sidewalk adjacent to Fowler Avenue shall be 6' wide. Response: Applicant Agrees. • • • 14. All weather access roads shall be installed to provide access to any sewer manholes that are not located within paved areas. This shall apply to temporary situations caused by project phasing as well as permanent ones. Response: Applicant Agrees. • i • • • 15. 0 • • 15. All pedestrian/bike pathways (i.e., soft trails) proposed with the subdivision will be constructed to a Type II standard, six feet wide, and the US 191/Huffine Lane/West Main Street pathway constructed to a Type I asphalt pathway, ten feet wide, unless otherwise approved by the Recreation and Parks Advisory Board and the Superintendent of Parks and Public Facilities, that all pedestrian/bike pathways not located in dedicated parkland will be located in a minimum 25-foot wide public access easement, and 'noted accordingly on the final plat and in the property owner's association documents. Atypical cross section of the public .trails, both Type I and Type II, shall be included in the landscape guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval. Response: Applicant Agrees. A note is shown on the plat. Details are .included in the Development Manual located in Section III (Landscaping Design Standards) Part C. (Hardscape) Paragraphs five (5) and six (6). See pages 71 and 72 of the Development Manual located under tab 15 of this document. • 0I. Landscape Design Standalls p 9 cB 71 C. Hardscape. S. Asphalt Trails (Type I) 10.-0• , 25"thickness asphalt paving as Der NIPNlS�,whh,Clty oT a. The main trails in The Bozeman Gateway develop- =enlanRlodtations ment located along Huffine Lane will be "Hard Trails" a�, r constructed to a Type I standards. - wj b. Asphalt trails are 10 feet in width with a 1 foot gravel 9 depth,,-1fLnainuscrushetlbase course,compact to 95%proctci density boarder along each edge. Excavation for trail must Compact subgrade Io 95%proctor density, be a minimum of 12.5 inches. Subgrade for asphalt excavate flshgrada slope away lromtrai shall be compacted to 95% proctor density, with a 1- 1/2 inch minus crushed gravel base (minimum 9 inch --Aspha t Trail Section depth). i c. Asphalt surfacing should be a minimum 2.5 inches in depth and sealed within one year of placement. Slope and cross-slope on all asphalt trails will be de- signed to meet ADA standards. 4"to 6,1d. of 3W minus d. Asphalt trail must support a minimum of 12,500 m %`*2%q pounds. I y a�� 1! _..""ter arw ron surtace to prLkte was. 6. Gravel Trails (Type II) y rrpaction arM form a smooth sLrtace seal 1Indistwbed SWVrade;6US compacted to 953b proctor density a. Trails in lower-traff.ic areas in this development will T. be a "Soft trail" constructed to a Type II standard. Grav I Trail Section This compacted gravel trail will meet ADA guidelines, as well as support bike and pedestrian traffic: b. Construction of gravel trails is less obtrusive to the existing surroundings, which is important when deal- ing with sensitive areas, such as the. wetlands pres- ent in this site. c. As per the City of Bozeman specifications, gravel trails in open spaces will be 6 feet wide. The pro- posed trails in the open spaces meet this minimum width, allowing enough space for two pedestrians to walk side by side. -- =-- ----- - III. Lai dscape Design Standards C. Hardscape .t -- - -� d. Gravel will be 3/8 inch minus crushed stone with a 20 percent clay binder and with a depth of 4 to 6 inches. — } e. The trail will have a crown to provide adequate drain- age off the path, but slope must comply with ADA P � P P Y standards. It should then be rolled and compacted ;.. : to a 95 percent density. Weed management will be necessary on gravel trails. r oar . r z-o 3-- ,, Asphalt Trail (Type I) -It � Gravel Trail (Type II) E 7. Plaza Space a. Plaza spaces will be a hardscape area, often with ' seating, public art, or planting beds. For aesthetic value, it is suggested that all hardscape plazas have a component of a colored, textured concrete mate- -- rial. � 16 �� • 16. That the contractor physically installing said trail improvements shall be required to hold a preconstruction meeting with the City of Bozeman Parks Department prior to proceeding with installation of said trail improvements and provide the Planning Office with written approval by the Park and Recreation Superintendent to proceed with construction of the trail improvements, and that said provisions and trail specifications be noted accordingly in the property owner's association documents for review and approval by the Planning Office. Response: Applicant Agrees. • • Ago • 17. No sanitary sewer and/or storm water mains will be installed within Open Space #2 and/or Open Space #6 along the entryway corridor of US 191/West Main Street or any other open space area(s) designated as such to satisfy the required open space points for the planned unit development. Response: Applicant Agrees. • • 18. No underground storm water facilities will be installed within Open Space #2 • along the entryway corridor of US 191/West Main Street or any other open space area(s) designated as such to satisfy the required open space points for the planned unit development. Response: Applicant Agrees. • • � • 19 • • 19. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. Response: Condition number 19 has been completed. Approval letters are located under tab number 19 of this document. • page l. ofl Schell Development 1-ram, "Martin, Dan"<dmartina@state.mt.us> To: "Ebert, Jeff'<jebert@state.mt.us>; "'Debbie Arkell"'<darkef QBOZEMAN.NET>; <mkchell dev@sofast.net> Cc: "Skinner, Jim"<jskinner@state.mt.us>; "Martin, Dan" <dmartin@state.mt.us> Semi . Thursday, July 01,20D41:19 PM Attach: MDT SOZEMAN MITCHELL DEVELOPMENT 6-17-04.DOC Subject: DRAFT MOU MDT/CnY OF BOZEMAN/MiTCHELL DEVELOPMENT GROUP forthe proposed Bozeman Gateway Development Jeff, Debbie and John, Attached is a first draft of an MOU between the MDT, City of Bozeman and the Mitchell Development folks for the proposed Bozeman Gateway Development. Please consider this MOU a starting point and we can each revise as necessary so it will work for everyone, Proposed changes can be sent anytinne. Thanks Dan Martin < DT BOZEMAN MITCHELL DEVELOPMENT 6-17-04.DOC>.> 7/2/2004 • Montana Department cfTransportation David A. Gait;nirecioi �.r��v wolf 2701 Prospect Avenue Judy Martz,Governor.. PO Box 201001 Helen Wr 59620-1001 July 1, 2004 Jeff Ivey, P.E. Robert Peccia and Associates 825 Custer Avenue Helena, Montana 59601 Subject Huffine Lane/Fowler Traffic Signal Warrant Study -..Bozeman Attached is a copy of the Montana Department of Transportation's.Traffic Safety Engineer's concurrence with the proposed traffic-.signal control at the intersection of Huffine Lane and Fowler Avenue iri Bozeman, 7f you have any questions please contact me at (40.6) 444-6303. Dan Martin, Planner Program & Policy Analysis Bureau Rail, Transit and Planning Division copies, Jeff Ebert, P.E., Butte District Administrator Sandra Straehl, Rail, Transit and Planning Division Adn;'strator Danielle Bolan, P.E.,Traffic Engineer Ross Gammon, Maintenance Chief, MDT Bozeman Area John Davidson, Mitchell Development Group LLC Program&Policy Anaivsis Bureau Rail,7rans.'t and Planning Division Phone: (406)44; 3423 An Eoual UpportunRy EmPlover TTY: (800)33E-7692 Fox., (406)444-7571 Web Pgge: www.mdt:Kste.m(.us MASTER FILE COPY Montana Department of Transportation _Z0.,; .»&h PD Box 20.1001 Helena,MT 59620-1001 RECEIVED . Memorandum JUN 3 U 2004 To: Duane E. Williams, P.E. TRANSPORTATION PLANNING Traffic Safety Engineer From: � �Danielle C. Bolan,P.E. Traffic Engineer Date: June 24,2004 Subject: Traffic Signal Warrant Study Mitchell Development Huffine Lane (P-50) &Fowler Avenue -Bozeman .A,warrant study for traffic signal control has been completed as a.result of anticipated • increases in.traffic volume at the intersection of Huffine Lane and Fowler Avenue due to anticipated development west of Bozeman in Gallatin County..As part of the Systems Impact Analysis Process (SLAP), we required the developer to submit a traffic signal warrant.study. The warrant study has determined that the site is warranted and justified for installation of traffic signal control at this location. Data used in this study includes current•traffic volurnes(2003), and the capacity of the intersection. .According to the Manual on Uniform Traffic Control Devices-Millennium Edition (M=D), at.an intersection such as this, traffic signal control may be considered if any of the.eight traffic signal warrants is satisfied. The following is a summary of the . consultants report. Based on the information in the traffic signal warrant analysis report, Warrant. 3 (Feak Flour) is satisfied for two hours without the additional site generated traffic. The fulfillment-of the minimum requirement qualifies this intersection for consideration.of traffic signal control. It is the City of Bozeman's desire to connect Garfield from South 19`h Avenue to Fowler Avenue. With the anticipated increased traffic at Fowler due to this connection, it is our opinion•that this intersection will satisfy the traffic signal warrants beyond the minimum Peal;Hour Warrant as described above, and the need for traffic signal control will be fully justified at this location. • A capacity analysis for a two-Way stop control was completed. The analysis in.dicLtes that the existing southbound leg of Fowler Avenue operates at a LOS "F" with significant delay. in both the AM and PM peak hours. Furthermore capacity analysis with two-way stop.control indicates that at full build-out (2007) the Fowler Avenue northbound and nouthbound approaches will both operate at a LOS "F" for both AM and PM peak hours. The consultant's capacity analysis for this intersection`vvith traffic signal control wouldo •operate at a LOS "B" in both the AM and PM peak hours. The intersection was analyzed as a four phase fully actuated traffic signal control. o��vever vve recomrrindtat,,tkxis intersection be operated with t�vo,phase;semiractuated ,contrQli-With ozie phase for the'east;Nvest rriovements'and:one phase foz a e.north-sauih : oyests;::lletector loops should be placed on the side street (riorth-south approaches). Attached is a copy of the consultant's warrant study. Based.on our review of the consultant's analysis, the intersection of Huffuie Late (P-50) and Fowler Avenue is a good candidate for the installation of traffic signal control..We recommend the installation of a semi-actuated traffic signal control. •_ 1 Concur Date U �� Duane E.Williams,P.E. Traffic Safety Engineer DCB:SB:TRAF SIG WARRANT MEMO cc: w/o attachment J. Ebert-Butte D. A. A. Levens - Traffic �' S. Brelin—Traffic U/�A*�c�'F !Skinner-Planning /17U r K5 f 4. -- C-Y c./a(e c�s/ lq#ocko l� File � • • Zo: • • 0 • 20.. That the applicant provides documentation prior to final plat approval of the initial phase(s) for The Bozeman Gateway Subdivision P.U.D. of receiving the applicable access/encroachment permits for Chronicle Lane onto West College Street. Response: In discussions with the City Engineering Department no access/encroachment permit is required for Chronicle Lane onto West College Street. • • • 21. All areas designated for use as "Common Areas" owned and maintained by the property owner association shall not be referred to as lots, but as "Common Areas" and identified according as specific open space areas on the plat (i.e. Common Area 8, not Lot C8). Common areas are not subdivision lots and should not be noted as such on the final plat. Response: This change has been made on the Final Plat. • • • • • � 2� • • • 22. Lot 10, 11, 12 and 13 shall be described on the final plat as four consecutive subdivision lots with adjoining side yard boundaries and the frontage of each lot extending to the right-of-way of Fowler Avenue. The final plat shall also contain a notation on said lots that no structure shall be constructed over the public access and utility easements. Response: Preliminary Plat Lots 10, 11, 12 and 13 are shown on the Final Plat as Lots 1, 2, 3 and 4 of Block 5, as required by condition #27. The lots are now shown to extend to the right-of-way of Fowler Avenue and a note has been placed on the plat stating that no structure shall be constructed over the easement. � � 23 • 23. All subdivision lots shall have frontage onto a public street, approved public alley, or public access easement, unless a relaxation to Section 18.42.030.I "Frontage" of the U.D.O. is granted by the City Commission. Response: Access will be provided as illustrated on the Preliminary Plat. • • • • . 24 y I i i • • 24. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount determined by the Director of Public Service. Response: Cash in-lieu shall be paid as determined by the Director of Public Service prior to Final Plat review and approval for each phase. • • • • i I 25�: . � . 25. That the applicant modify the protective covenants of the property owner's • association as outlined in the staff report and that the applicant submit a revised draft of the protective covenants for review and approval by the Planning Office at least thirty (30) days prior to submitting for final plat approval of the initial phase of the major subdivision. Response: Applicant has submitted a revised draft of the protective covenants to the Planning Office for review and approval thirty (30) days prior to the initial phase Final Plat submittal. • • 0 0 Page 1 of 1 Jim Ullman - Bozeman Gateway •-rom: Jim Ullman . To: mitchell_dev@sofast.net Date: 1/24/2006 4:54 PM Subject: Bozeman Gateway CC: eric.bell@c-b.com Guys, The Development Manual, the Declaration and the narrative response to the Zoning Conditions was submitted to City Planning and Mr. Dave Skelton at 3:30 PM today. I wanted to thank everyone for their hard work and help to make this happen. I believe I have joined a very good team and feel comfortable in making the Bozeman Gateway Project a reality. Thanks, James (Jim) A. Ullman P.E. Morrison-Maierle, Inc. 901 Technology Blvd. Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.587.1176 •iullman@m-m.net • file://C:\Documents and Settings\jullman\Local Settings\Temp\XPGrpWise\441EE1C4mmiboz_d... 5/22/2006 i • • DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS BOZEMAN GATEWAY THIS DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS ("Declaration") is made as of the day of , 2006, by MITCHELL DEVELOPMENT GROUP, LLC, a Montana limited liability company('Declarant"). RECITALS A. Declarant is the owner of the real property located in the City of Bozeman("City"), County of Gallatin ("County"), State of Montana("State"), described in Exhibit"A" which is attached to this Declaration("Entire Property") and shown on the map which is attached to this Declaration as Exhibit "B" ("Parcel Map"). B. Declarant desires to develop and operate the Entire Property as a mixed use development which may consist of retail, commercial, office,hotel, residential and related facilities ("Project") and, therefore, wishes to establish certain easements, covenants and restrictions on the Entire Property and/or portions of the Entire Property. It is currently anticipated that the Project will be consist of at least five (5)phases ("Phase" or"Phases") as shown on the Phasing Exhibit attached hereto as Exhibit "C" ("Phasing Plan"). It is currently anticipated that(a) Phase 1 will be developed as a convenience shopping center, (b) Phase 2 will be developed as pad sites, (c)Phase 3 will be developed as commercial office, (d)Phase 4 will be • developed as a lifestyle center; and(e) Phase 5 will be developed as an office complex;all as generally shown on the Site Plan (defined later). In addition to the foregoing Phases, the Project also consists of the roads located within the Project as shown on the Parcel Map ("Project Roads").and the Open Space Parcels shown on the Parcel Map ("Open Space"). Declarant shall have the ability to change the boundaries of the Phases and the property located therein and the layout of improvements thereon and the uses therein in accordance with the terms and conditions of this Declaration. C. In connection with the development of the Project or thereafter, Declarant may further subdivide, sell, convey, lease or hypothecate all or portions of the Entire Property. NOW, THEREFORE, in recognition that for the optimum development and operation of the Project as an integrated project, it is necessary that Declarant establish certain covenants running with the land respecting certain matters, including but not limited to matters re_ating to the construction and maintenance of facilities on, and the use and restrictions on the use of, the Entire Property. Declarant declares that all Persons who acquire or occupy portions of the Entire Property shall take subject to this Declaration in order that all development on the Entire Property and the operation of the Project will be in conformity with this.Declaration. Notwithstanding a conflict between the terms of this Declaration and the provisions of a particular agreement such as a tenant lease or other occupancy agreement between an Owner and its Occupant, (i) as among the Owners and their respective successors and assigns, this Declaration shall control over such an agreement, and(ii) all Occupants shall be bound by the • terms of Articles I, III, IV, V, VI and XI of this Declaration and the Rules and Regulations, if • any, attached to this Declaration, except to the extent that the provisions contained in such Articles and Rules and Regulations indicate that the terms of an Occupant's lease may control. In all other respects, the terms of an Occupant's lease shall control over any conflicting provision of this Declaration. ARTICLE I DEFINITIONS 1.01 Assessment Lien. "Assessment Lien" is a lien placed on a defaulting Owner's Parcel for sums owing to Declarant under the provisions of this Declaration. 1.02 Benefitted Parcel. "Benefitted Parcel" is any Parcel benefitted by an easement, covenant, condition or restriction made or suffered by an Owner by the terms of this Declaration. Any such benefit shall run with the land in favor of the Owner(s) of the Benefitted Parcel(s), and shall be enforceable as an appurtenant easement, covenant running with the land, and/or as an equitable servitude. 1.03 Building. "Building" or "Buildings" is any building located in an area of the Entire Property designated on the Site Plan as Building Area. 1.04 Building Area. "Building Area" is any portion of the Project within "building limit lines," as shown on the Site Plan. Building Area represents the only area within which Buildings • are permitted. The precise location of any Building within its Building Area is subject to Declarant's prior approval. The proposed locations of Buildings within their respective Building Areas are depicted on the Site Plan; however,the precise configuration of the Buildings is subject to change within the pertinent Building Area. Vertical improvements, other than pylon signs, monument signs and trash enclosures, may be located only in a Building Area. Building canopies and other architectural treatments, loading docks and ramps, staging, storage and Outside Sales Areas, and "drive-thru" areas may be located outside Building Areas if approved by Declarant or if shown on the Site Plan as lying outside the Building Area. 1.05 Burdened Parcel. "Burdened Parcel" is any Parcel subject to and burdened by an easement, covenant, condition or restriction made or suffered by an Owner by the terms of this Declaration. Any such burden shall run with the land and bind all Owner(s) of the Burdened Parcel(s) and shall be enforceable as an appurtenant easement, covenant running with the land and/or equitable servitude. 1.06 Common Area. "Common Area" is that portion of the Project intended for the nonexclusive use by all Owners, Occupants and Permittees, and shall include all areas of the Project, together with the Open Space and the Common Area Improvements constructed on the Entire Property, other than(i) any area designated on the Site Plan as Building Area and/or actually occupied by building improvements and(ii) any loading dock, ramp, storage or staging area or "drive-thru" area utilized by a single Occupant. Following the development of a Building • 2 • within its Building Area, the portion of such Building Area not actually used for vertical improvements or for a loading dock,ramp, storage or staging area, or "drive-thru" area approved by Declarant shall be improved as and shall be deemed a part of the Common Area. All non- Building Areas on a Parcel (excluding any loading dock, ramp, storage or staging area,utilized by a single Occupant) shall be improved as,and shall be deemed to be, Common Area for purposes of this Declaration. 1.07 Common Area Maintenance Costs. "Common Area Maintenance Costs" are all expenditures,costs,premiums and expenses incurred by Declarant during any given accounting period for maintenance, lighting and security;repair, or replacement of the Common Area, including,but not limited to, those items listed in Section 7.03. 1.08 Common Area Improvements. "Common Area Improvements" are the improvements depicted on the Site P,ldh as within the Common Area and the common utility lines and systems to be constructed(or caused to be constructed)by Declarant, all directional Pr j signs� ect identification signs including pylon or monument signs (excluding, however, any._.r portion of�such-signage that relates to a particular Occupant), Parking Areas,streams,-ponds, bridges, curbs, sidewalks, bike and walking paths, and any landscaped are(Mitchell within the Common Area plus any other common facilities in and/or under the Project. Myri�PO 1 qJ► \ 'ham 1.09 Declarant. "Declarant" means not only Mitchell Developmep, LLC,but shall also be deemed to include its successors and assigns (as designated • Development Group, LLC). 1.10 Default Rate. "Default Rate" is the lower of fifteen percent or a rate equal to six percent(6%) in excess of the base rate on corporate loans posted by at least seventy-five percent of the nation's thirty largest Banks, as published by the Wall Street Journal. 1.11 Development Manual. "Development Manual" means The Development Manual of Bozeman Gateway prepared by Developer and approved by the City in connection with its approval of the Project(as the same may be amended, supplemented or modified by the Developer and the City from time to time). A copy of the Development Manual is available at the offices of Developer and the City Planning Department. 1.12 Entire Property. "Entire Property" is the real property described in Exhibit "A" and any real property which may subsequently be made subject to this Declaration by amendment of this Declaration. This term is sometimes used interchangeably with the term "Project." 1.13 Environmental Laws. "Environmental Laws" are all present and future federal, state or local laws, ordinances, rules,regulations, decisions and other, requirements of governmental authorities relating to the environment or to any Hazardous Material, including the following federal laws, as they may have been amended from time to time: The Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and • 3 • Reauthorization Act of 1986, the Resource Conservation and Recovery Act, the Hazardous Materials Transportation Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, equivalent Montana statutes, and regulations adopted, published and/or promulgated pursuant to those laws. 1.14 Floor Area. "Floor Area" is the aggregate number of square feet of'floor space, from time to time, of all floors in any structure, whether roofed or not,whether or not actually occupied, including basement areas, subterranean areas, mezzanines and upper-story floors (except as provided below)measured from the exterior faces or the exterior lines of the exterior walls (including basement walls) or, in those instances where a common wall exists, measured from the mid-point of any such common wall which an Occupant shares with another Occupant. The term "Floor Area" shall not include any of the following: (a) the upper levels of any multi-deck stock areas created for convenience to increase the usability of space for stock purposes; (b)areas,whether physically separated or whether otherwise required by building codes, which are used exclusively to house building operating equipment not belonging to an Occupant and not exclusively serving a specific Occupant's premises such as building mechanical, electrical, telephone, telecommunications, and HVAC equipment; (c) all service areas, truck loading areas, truck parking, turn around and dock areas • and ramps and any"drive-thru" areas; (d) all Common Areas; and (e) a Project management office. Within thirty(30) days of opening any business within a Building constructed on its Parcel such Owner's architect shall certify to Declarant the amount of Floor Area applicable to each Building on its Parcel. In addition, before the scheduled opening date of such business within the Owner's Building and within ninety(90) days after the actual date of opening of such business, the Project Architect shall have the right to enter the Building for the purpose of measuring the Floor Area of the Building. A copy of the Floor Area calculation shall be provided to both Declarant and Owner. If the Floor Area measurement obtained by the Owner is more than two percent (2%) less than the Project Architect's measurement,the Owner may elect to dispute the Project Architect's statement of Floor Area by providing Declarant written notice of such deviation and providing Declarant with a copy of the Owner's lower Floor Area measurement certified by the Owner's architect or engineer. If such a dispute arises,Declarant and the Owner or their representatives shall meet and use their good faith efforts to agree on the proper measure of Floor Area for purposes of this Declaration. If such an agreement is not reached within thirty (30)days of the Owner's election to dispute the Project Architect's measurements, this matter shall be subject to arbitration by a neutral architect or engineer selected by the Declarant and the • 4 • Owner; provided, however, that if either party refuses to reasonably cooperate with the selection of an arbitrator, or the commencement and the completion of the arbitration, the Floor Area measurement of the other party shall govern for purposes of this Declaration. All Floor Area measurements shall be made in conformity with the foregoing definition of Floor Area. If any Owner causes an as-built survey to be prepared with respect to any portion of the Project, such Owner shall furnish a copy of the survey to Declarant. During any period of rebuilding, repairing, replacement, or reconstruction of a Building, the Floor Area of that Building shall be deemed to be the same as existed immediately prior to that period. Upon completion of the rebuilding, repairing,replacement, or reconstruction,the Owner upon whose Parcel the Building is located shall cause a new determination of Floor Area for the Building to be made in the manner described above, and the determination shall be provided to Declarant. 1.15 Grantee. "Grantee" is any Owner(including Declarant) of a Benefitted Parcel in which Parcel's favor a Grantor has reserved or granted any easement, covenant, condition, or restriction, whether by a separate grant or conveyance or by virtue of taking title subject to this Declaration. 1.16 Grantor. "Grantor" is any Owner(including Declarant) of a Burdened Parcel that is subject to any easement, covenant, condition, or restriction reserved or granted, whether by a separate grant or conveyance or by virtue of taking title subject to this Declaration. • 1.17 Hazardous Material. "Hazardous Material" shall mean materials and substances defined as "hazardous substances," "hazardous materials ""hazardous waste," "toxic substances," including,asbestos,polychlorinated biphenyls,petroleum(or petroleum fuel products), hydrocarbonic substances, and constituents of any of the foregoing, or other similar designations under any Environmental Laws or any regulations promulgated thereunder; and further, any substance or material which because of toxicity, corrosivity,reactivity, ignitability, carcinogenicity, magnification or concentration within biologic chains presents a demonstrated threat to biologic processes when discharged into the environment. 1.18 Lot. See Section 1.23 below. 1.19 Mortgage and Mortgagee. The term "Mortgage"means (a) any mortgage, trust indenture, deed of trust, or contract for deed on the interest, whether fee or leasehold, of an Owner in a Parcel and, to the extent applicable, a "sale and leaseback" or "assignment and subleaseback" transaction entered into for financing purposes. "Mortgagee" shall mean a mortgagee under a mortgage,the trustee and the beneficiary under a trust indenture or deed of trust, or the seller under a contract for deed, and to the extent applicable, a fee owner or lessor or sublessor of any Parcel which is the subject of a lease under which any Owner becomes a lessee in a so-called "sale and leaseback" or"assignment and subleaseback" transaction entered into for financing purposes. • 5 • 1.20 Occupant. "Occupant" shall mean any Person from time to time entitled to the use and occupancy of any portion of a Building in the Project under an ownership right or any lease, sublease, license, concession or other similar agreement. 1.21 Outside Sales Area. "Outside Sales Area" means any area used by an Occupant for temporary or permanent sales, display, customer service or seating and/or storage purposes, including but not limited to patio areas, which areas are located outside of the structure of that Occupant's Building. As set forth in Section 6.03, Outside Sales Areas are subject to Declarant's approval. 1.22 Owner. "Owner" is the Person who owns the fee interest in a Parcel,unless the Parcel is subject to a contract or contracts for deed, in which case the "Owner" is the buyer under the most recent contract for deed. The identity of the Owner will be determined from the Official Records of the County, as of the date of the exercise of powers or rights or the performance by such Owner of obligations created by this Declaration. Such reference shall include any Person designated in writing by the Owner to act in the manner and at the time provided herein with complete authority and in the place of such Owner in the matter for which action is taken,powers exercised, or performance required,provided such written authority shall be recorded in the Official Records of the County Recorder, and provided further that: (i)If the whole of the interest of any Owner in and to the Parcel in which such Owner has an interest is assigned, transferred, or conveyed, provided such Owner does not retain any • beneficial interest other than under the terms of a contract for deed, trust indenture, deed of trust, or mortgage or without simultaneously acquiring a new interest by way of leasehold, life estate or other possessory interest, then the powers conferred upon such Owner shall be deemed assigned, transferred or conveyed and the obligations assumed with its interest; (ii) If the whole of the interest of an Owner in and to the Parcel in which it has a present interest is assigned, transferred or conveyed,but a new interest is created in such Owner simultaneously with the assignment, transfer or conveyance of such interest by way of leasehold or similar possessory arrangement, or in the event such Owner shall convey its interest in said Parcel or any part thereof by mortgage, trust indenture, deed of trust, or other security instrument as security for indebtedness, then none of the powers or obligations conferred upon such Owner shall be assigned, transferred, conveyed or released, but all of the powers and obligations referred to.in this Declaration shall remain in such Owner so long as it retains any possessory interest in and to said Parcel other.than as a beneficiary under the terms of a deed of trust or mortgage. In the event the interest of such Owners referred to in this subparagraph (ii) shall cease and terminate, then upon such termination the powers and/or obligations of such Owner shall otherwise vest in accordance with the other provisions of this Section; and (iii)If an Owner transfers its present interest in its Parcel or a portion of that interest in such a manner as to vest its interest in its Parcel in more than one Person, then not less than fifty- one percent(51 %)in interest of the transferees shall designate one of their number to act on • 6 • i • behalf of all of the transferees in the exercise of the powers granted to the Owner under this Declaration. So long as the designation remains in effect, the designee shall be an Owner under this Declaration and shall have the power to bind such Parcel and such transferees, and such transferees shall not be deemed to be Owners. Any such designation must be in writing and served upon the other Owners hereto by registered or certified mail; and must be recorded in the Official Records of the County. In the absence of such written designation with respect to the exercise of the powers vested by this instrument, the acts of the Persons constituting the Owner whose interest is so divided shall be binding upon all Persons having an interest in such.Parcel until such time as written notice of such designation is given and recorded in the Officiai Records of the County. 1.23 Parcel. The terms "Parcel" and "Lot" are used interchangeably in this Declaration. A "Parcel" or"Lot" is any of the lots or tracts which comprise the Entire Property until such time as one or more of such lots or tracts are re-subdivided into a different configuration of legal lots, or a new legal lot is added to the Entire Property, or one or more of the existing lots or tracts are modified. Effective upon any such change or addition, "Lot(s)" or "Parcel(s)" shall mean the legal lots comprising the Entire Property. 1.24 Parcel Map. "Parcel Map" is the map of the Entire Property which is attached to this Declaration as Exhibit "B". 1.25 Parking Areas. "Parking Areas" are all vehicular parking spaces, driveways, and • loading areas, and includes the areas shown as "Parking Areas" on the Site Plan plus any Building Area not used for Building improvements and designated as Parking Area by Declarant. 1.26 Permittees. "Permittees" shall mean the Owners and all Occupants and their respective officers, directors, employees, agents, contractors, customers, vendors, supplies, visitors, invitees, licensees and concessionaires insofar as their activities relate to the intended use of the Project. Among others, Persons engaging in the following activities on the Common Area will not be considered to be Permittees, except to the extent such activity is protected under the United States Constitution or the State Constitution as a free speech activity: (i) Exhibiting any placard, sign or notice; (ii) Distributing any circular, handbill, placard, or booklet; (iii) Soliciting membership or contributions in or for any organization; (iv) Parading,picketing or demonstrating; or (v) Failing to follow regulations relating to the use of the Project. 1.27 Person. "Person" or"Persons" is any individual,partnership, firm, association,joint venture, corporation, limited liability company; or any other form of entity. • 7 ! i . • 1.28 Project. "Project" shall mean the mixed use development and related Common Area on the Entire Property. This term is sometimes used interchangeably with the term "Entire Property." 1.29 Project Architect. "Project Architect" is the licensed architect designated from time to time by Declarant to render advice and to make judgments respecting the design of the Project. Initially, the Project Architect is [Carter Burgess]. 1.30 Rules and.Regulations. "Rules and Regulations" are.those rules and regulations adopted by Declarant from time to time,pertaining to the operation and use of the Common Area by all Owners, Occupants, and Permittees. 1.31 Site Plan. "Site Plan" is the Site Plan attached to this Declaration as Exhibit"D" and incorporated by this reference, as it may be amended from time to time by Declarant. ARTICLE II CONSTRUCTION OBLIGATIONS 2.01 Construction of Common Area Improvements. Declarant shall construct, or cause to be constructed, the Common Area Improvements on each Phase in conjunction with and as necessary to service the Building construction on such Phase. It is anticipated that in connection with the sale and conveyance of any Parcel within the Project upon which Common Area • Improvements have not been constructed, that Declarant and the purchaser of such Parcel shall enter into a development(or similar) agreement that will address and allocate the responsibility for the construction and payment of Common Area Improvements on and/or servicing such Parcel. 2.02 Construction of Buildings. In order to maintain an architecturally compatible Project, the initial construction of all Buildings in the Project(and any subsequent additions, alterations, exterior remodeling, or reconstruction of Buildings in the Project) shall be performed only in accordance with approved plans for the work as provided in this Declaration, and in conformance with the Development Manual and the "Conditions of Approval" given to the overall project. Prior to commencing such work, each constructing Owner shall submit to Declarant detailed plans and specifications as to the exterior of the Building including artist exterior renderings, exterior elevations, descriptions of colors and materials to be used, layouts and descriptions of exterior landscaping, exterior wall configurations, door and storefront configurations, canopies and overhangs, column locations, lighting fixtures, proposed roof plans, all surface drainage features, if any, and exterior sign dimensions, colors, treatments and locations. Declarant shall either reasonably approve, disapprove, or make recommendations for change in such plans within thirty(30) days of receipt of the plans. After any disapproval or recommendation for change, the constructing Owner shall consult with Declarant to establish approved plans for the exterior portion of the proposed work. If the Owner and Declarant disagree after consultation, Declarant's decision shall be final. Approval of such plans by the • 8 • Declarant shall not constitute assumption of responsibility for the accuracy, sufficiency,or appropriateness of the plans,nor shall approval constitute a representation or warranty that the plans comply with applicable laws. No material deviation shall be made from the approved plans without the prior written approval of the Declarant. 2.03 General Construction Requirements. (a) Building Area. All Buildings to be constructed by Owners may be located only within the Building Areas designated on the Site Plan for those Buildings and if a maximum floor area designation for any Building is shown on the Site Plan or imposed by Article V of this Declaration, the designation shall not be exceeded. (b) Compliance With Laws. All construction activities performed by an Owner within the Project shall be performed in accordance with the terms and conditions of this Declaration, the requirements and standards of the Development Manual, and in compliance with all laws, rules, regulations, orders and ordinances of the city, county, state, and federal governments, or any department or agency thereof, affecting improvements constructed within the Project. (c) Interference. The construction activities of an Owner shall not: (i) cause any unreasonable increase in the cost of constructing improvements upon another Owner's Parcel; • (ii)unreasonably interfere with construction work being performed on any other part of the Entire Property; (iii)unreasonably interfere with the use, occupancy, or enjoyment of any part of the remainder of the Entire Property by any other Owner, its occupants, or its Permittees; (iv) cause any other Owner to be in violation of any law,rule, regulation,order, or ordinance of the City, County, State or federal government, or any department or agency of those governments. (d)General Construction Indemnity. Each Owner shall defend, indemnify and hold harmless each other Owner from all claims, actions and proceedings and costs incurred in connection therewith (including reasonable attorneys' fees and costs of suit)resulting from any accident, injury, loss, or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from the performance of any construction activities perfbrmed or authorized by such indemnifying Owner. Any damage occurring to any portion of the Project as a result of such construction work shall be the responsibility of the Owner performing such construction work or causing such construction work to be performed and shall be repaired by such Owner, at such Owner's sole cost and expense, to the same condition as existed immediately prior to such work promptly upon the completion of such construction work. • 9 0 • (e) Staging Storage and Access Points. Prior to constructing,reconstructing, remodeling, or enlarging a Building on its Parcel, an Owner shall give Declarant at least thirty(30) days prior notice of the proposed location of any temporary staging and storage area. All storage of materials and the parking of construction vehicles, including vehicles of workers, shall occur on the portions of the Parking Area which are on or adjacent to the constructing Owner's Parcel, and which will not unreasonably interfere with access between that Parcel, the other areas of the Project, and the public streets or roadways adjacent to the Project. All laborers, suppliers, contractors and others connected with such construction activities shall use only the access points located upon the constructing Owner's Parcel unless that Parcel has no access points to a public street, in which case such Persons shall only use the access points approved by Declarant. If substantial work is to be performed, the constructing Owner shall fence off the temporary staging and storage area. Upon completion of the work, the constructing Owner shall restore the affected Common Area to a condition at least equal to that existing prior to commencement of the work. (f)Temporary License. Each Owner and its contractors,materialmen, and laborers shall have a temporary license for such access and passage over and across the Common Area as shall be reasonably necessary to construct and/or maintain improvements on the Parcel of such Owner; provided,however, that this license shall be in effect only during periods when actual construction and/or maintenance is being performed, and provided further that the use of this license shall not be exercised so as to unreasonably interfere with the use and/or operation of the Common Area by others. Any Owner availing itself of the temporary license shall promptly pay all costs and expenses associated with such work, shall diligently complete such work as quickly • as possible, and shall promptly clean the area and restore the affected portion of the Common Area to a condition which is equal to or better than the condition which existed prior to the commencement of such work. (g) Construction Barricades. Construction of a Building within any Building Area within one hundred eighty feet(180') of a Building that is open for business shall be screened from view by a barrier or fence of a type and height approved by Declarant until completion of the construction in each case. 2.04 Construction Along Common Boundary Line. Any Owner constructing,repairing, or restoring a Building along a common property line between Parcels shall do so in a manner that does not result in damage to the improvements in place on the adjoining Parcel, and if applicable shall further undertake and assume at its sole cost the obligation of completing,repairing, reconstructing, and maintaining the nominal attachment(flashing and seal) of its Building to that of the Building on the other Parcel, it being the intent of Declarant to establish and maintain in these situations the appearance of one continuous building complex. 2.05 Mechanic's or Construction Lien. If, because of any act or omission (or alleged act or omission) of any Owner or its Occupant, or a contractor, employee or agent of either, any mechanic's or construction lien is filed with respect to any portion of the Project(whether or not such lien is valid or enforceable as such), the Owner shall cause the lien to be discharged of • 10 • record, or bonded, with respect to all portions of the Project not owned by that Owner, within thirty(30) days after it was filed; and the Owner shall indemnify and save harmless all Owners, all ground and underlying lessors, and all Mortgagees with respect to any portion of the Project against and from all costs, liabilities, suits,penalties, claims, and demands, including reasonable attorneys'fees resulting therefrom. If the Owner fails to comply with these requirements, any other Owner shall have the option of discharging or bonding any such lien, and if such option is exercised, the Owner which has the obligation under this Section to cause the discharge of the lien shall reimburse the Owner who discharged or bonded the lien for all costs, expenses, and other sums of money(including reasonable attorneys'fees) incurred in connection with the lien promptly upon demand, and the Owner which discharged or bonded the lien shall have all rights with respect to the amounts owed to it, including but not limited to its rights under Article XH of this Declaration. ARTICLE III SIGNS 3.01 Signs.No exterior identification signs shall be allowed within the Project except as permitted by (i)the City and any applicable City ordinances or Project specific requirements, and/or • (ii) at the discretion or judgment of the Declarant or the Project Architect. ARTICLE IV EASEMENTS 4.01 Ingress, Egress and Parking. (a)Declarant reserves for itself and grants to each Owner, for the benefit of each Parcel (the Benefitted Parcel) and its Occupants, a nonexclusive easement on, over and through the Parking Area(the Burdened Parcel) for (i) vehicular access, ingress and egress by Permittees from public streets at the location of the curb cuts shown on the Site Plan,passage of Permittees'vehicles over established circulation elements, and parking of Permittees'vehicles within designated parking stalls, and (ii)pedestrian access,ingress, egress,and passage by Permittees. Each future Owner,by taking title to its Parcel subject to this Declaration, shall be deemec to have granted such easement with respect to the Parking Area on its Parcel to all other Owners and their Occupants. Such easement rights shall exist only during the term of this Declaration and shall be subject to the following reservations as well as other provisions contained in this Declaration: • 11 • (b)Except for situations specifically provided for in the following subparagraphs, no fence or other barrier which would unreasonably prevent or obstruct the passage of pedestrian or vehicular travel for the purposes permitted by this Declaration shall be erected or permitted within or across the easement areas;provided, however,that the foregoing provisions shall not prohibit the installation of (i) convenience facilities (such as mailboxes,public telephones,benches, or public transportation shelters); (ii)photo kiosks, flower stands,'or other retail uses which occupy less than two hundred(200) square feet each, and in the aggregate not more than six hundred(600) square feet, so long as the retail use is approved by Declarant in its sole and absolute discretion and is permitted by the City and is not prohibited by the Owner of the Parcel on which the retail use is erected or permitted or any lease between the Owner of that Parcel and a tenant of the Owner; (iii) landscaping, beams or planters; (iv) limited curbing and other forms of traffic controls; or (v) Outside Sales Areas permitted by Declarant pursuant to Section 6.03. • (c)In connection with any construction,reconstruction, repair or maintenance on its Parcel, each Owner reserves the right to create a temporary staging and/or storage area in the Parking Area on or adjacent to its Parcel at a location which will not unreasonably interfere with access between its Parcel, the other areas of the Project, and the public streets or roadways adjacent to the Project. (d) Declarant reserves the right to close off a portion of the Common Area for such minimal, reasonable period of time as may be legally necessary, in the opinion of its counsel, to prevent the acquisition of prescriptive rights by anyone; provided, however, that Declarant shall exercise reasonable efforts to coordinate the closing with each affected Owner to minimize any interference in the passage of pedestrians or vehicles. (e)Declarant reserves the right at any time and from time to time to exclude and restrain, or allow others to exclude or restrain, any Person who is not a Permittee from using the Common Area to the extent that such action can be lawfully taken. Specific areas within the Common Area to be used for motor vehicle parking purposes by employees of occupants of the Project may be designated from time to time by Declarant. In the event employee parking areas are designated as provided herein, employees of the Owners and Occupants of the Project shall use only those portions of the Common Area designated for such employee motor vehicle parking purposes. The authority herein granted shall be exercised in such manner as not to discriminate against any Owner or commercial establishment in the Project. • 12 • 4.02 Utilities. (a) Declarant reserves for itself and grants to each Owner for the benefit of each Parcel (the Benefitted Parcel) and its Occupants a nonexclusive easement in, to, over,under, along, and across those portions of the Common Area(the Burdened Parcel)necessary for the installation, use,maintenance, relocation, and removal of utility lines or systems, including but not limited to sanitary sewers, storm drains, water(fire and domestic), gas, electrical, telephone, and communication lines. Each Owner, by taking title to its Parcel subject to this Declaration, shall be deemed to have granted such easement with respect to the Common Area on its Parcel to all other Owners and their Occupants, if any. This easement shall continue for the term of this Declaration and for so long afterwards as the easement is utilized for the above-described purposes. Except with respect to ground mounted electrical transformers at the rear of a Building or as may be necessary during periods of construction, repair, or temporary service, all utilities shall be underground, unless required to be above ground by the utility providing the service, and to the extent practical shall be located along the perimeter of the Parcel and shall otherwise be located as to not unreasonably interfere with the use and enjoyment of the Parcel by the Owners or their Occupants. Prior to utilizing the easement and exercising the rights granted in this Section, the Grantee shall first provide the Grantor and Declarant with a written statement describing the need for such easement and shall identify the proposed location of the utility line. Any Owner installing utilities pursuant to the provisions of this subparagraph shall pay all costs and expenses with respect to installing the utilities, and shall cause all work in connection with the installation(including general clean-up and proper surface and/or subsurface restoration) to • be completed as quickly as possible and in a manner so as to minimize interference with the use of the Common Area. The Grantee benefitting from a utility easement across another Owner's Parcel shall indemnify and hold harmless the Grantor from and against all demands, damage, claims, loss, liability, or expense in connection with the use, installation,maintenance and removal of the utility line. If any Owner elects to install common utilities, all costs and expenses of the common utilities may be set forth in a separate agreement between those cooperating Owners. (b) The initial location and width of any utility shall be subject to the prior written approval of the Grantor, which approval will not be unreasonably withheld. The easement area shall be no larger than whatever is necessary to reasonably satisfy the utility company for a public utility, or five feet(5') on each side of the centerline as to a private line. Upon request, the Grantee shall provide the Grantor with a copy of an as-built survey showing the location of the utility. The Grantor shall have the right at any time to relocate a utility line upon thirty(30) days' prior written notice to the Grantee,provided that the relocation: (i) shall not interfere with or diminish the utility services to the Grantee; (ii) shall not reduce or unreasonably impair the usefulness or function of the utility; is 13 iii hall• ( ) s be performed without cost or expense to the Grantee; (iv) shall be completed using materials and design standards which equal or exceed those originally used;. (v) shall have been approved by the utility company and the appropriate governmental or quasi-governmental agencies having jurisdiction over the utility; and (vi) shall not unreasonably interfere with the Occupant's use of the Grantee's Parcel. Documentation of the relocated easement area shall be prepared at the Grantor's expense and shall be accomplished as soon as possible. The Grantee shall have the right to require an as-built survey of the relocated utility to be delivered to it at the Grantor's expense. (c) The Owners shall each, to the extent necessary and to the extent the same shall not result in the loss of compensation otherwise obtainable from condemnation,join in the execution of such instruments as may be required in order to effectuate the installation(subject to the restrictions contained in this Declaration) for the sole benefit of the Project or the Owners' Parcels of public utilities and similar easements under and across portions of their respective Parcels. • 4.03 Construction, Maintenance, and Reconstruction. (a)In order to accommodate any footings, foundations, columns, or walls which may be constructed or reconstructed immediately adjacent to a common boundary line and which may overlap that common boundary line, each Owner shall grant and,by taking title to its Parcel subject to this Declaration shall be deemed to have granted, to each adjacent Owner a nonexclusive easement in, to, over,under, and across that portion of its Parcel adjacent to the common boundary line in space not there-to-fore occupied by any then existing structure for the construction, maintenance, and replacement of subterranean footings to a maximum distance of five feet(5') onto the Grantor's Parcel and for the construction, replacement and maintenance of foundations, columns, or walls to a maximum distance of six inches (6") onto the Grantor's Parcel. The grant of easement shall include the reasonable right of access necessary to exercise and enjoy the grant. The.easement shall continue in effect for the term of this Declaration and thereafter so long as the building utilizing the easement area exists (including a reasonable period to permit reconstruction or replacement of the building if it is destroyed, damaged, or demolished) and shall include the reasonable right of access necessary to exercise and enjoy the grant. (b) Prior to utilizing the easement right set forth in subparagraph (a) above, the Grantee shall advise the grantor Owner of its intention to use the easement, shall provide plans and specifications and proposed construction techniques for the improvements to be located within • 14 • the easement area, and shall give the Grantor an opportunity to commence any construction activities which that Owner contemplates undertaking at approximately the same time to the end that each Owner involved shall be able to utilize subterranean construction techniques which will permit the placement above ground of a building on each Parcel immediately adjacent to the common boundary line. If a common subterranean construction element is used.by the Owners, it is specifically understood that each shall assume and pay its reasonable share of the cost and expense of the initial construction, and so long as both Owners are benefitting from the common element, subsequent maintenance of the common element. If any Building utilizing a common subterranean element is destroyed and not replaced or is removed, the common subterranean construction element shall be left in place for the benefit of any Building utilizing the same element located on the adjoining Parcel. 4.04 Surface Drainage Easement. Declarant reserves for itself and grants to each existing and future Owner for the benefit of each Parcel (the Benefitted Parcel) a nonexclusive easement for surface drainage over the Common Area(the Burdened Parcel) through the drainage patterns and systems as are established from time to time within the Common Area of the Project. To the extent an Owner's Parcel includes Common Area,nothing in this Declaration shall prevent an Owner from relocating the drainage patterns and systems established upon that Owner's Parcel, provided the Owner first provides Declarant with plans respecting the relocation and the relocation does not unreasonably interfere with the drainage of other Parcels within the Project nor interfere with the orderly discharge of water by means of the drainage patterns and systems. • By taking title subject to this Declaration, each Owner shall be deemed to have joined in.his grant of easement. 4.05 Restriction on Grant of Easements. No Owner shall grant any easements over any land within the Project for the benefit of any land outside the Project; provided, however, that this Section shall not prohibit the granting or dedicating of utility easements by an Owner on its Parcel to governmental or quasi-governmental authorities or to public utilities. 4.06 Term and Limitation of Easements, Covenants and Conditions. The easements referred to in Sections 4.01, 4.02, 4.03, 4.04 and 4.05 shall continue in favor of the respective Grantees for the term of this Declaration and for so long afterwards as each of the Grantees shall continuously utilize the easements. 4.07 Benefit and Burden to Run with the Land. The easements granted by this Article IV and all other covenants, conditions, and restrictions contained in this Declaration shall be deemed and construed to be covenants running with the land, which are for the benefit of the Benefitted Parcel of the Grantee, which Parcel shall be the dominant estate, and which burden the Pa cel on which such easement is located or as to which such covenant is appurtenant, which shall be the servient estate. • 15 • 0 • ARTICLE V PROJECT DEVELOPMENT RESTRICTIONS 5.01 General Restrictions. (a)No improvements may be built or maintained in the Common Area of the Project other than(i)parking spaces, driveways,walking and bike paths, walkways, sidewalks,curbs, loading docks and ramps, service areas, trash receptacles, lights, signs,ponds, streams,bridges, landscaping, and convenience facilities (such as mailboxes,public telephones,benches or public transportation shelters), and improvements normally found in parking areas of commercial developments, and(ii)photo kiosks, flower stands, or other retail improvements which occupy less than two hundred(200) square feet each, and in the aggregate not more than six hundred (600) square feet(provided,however, such kiosk, stand or other retail improvement is approved by Declarant in its sole and absolute discretion and is permitted by the City and is not prohibited by the Owner of the subject Parcel nor by any lease between the Owner of the subject Parcel and a tenant of such Owner). (b)As to the areas designated on the Site Plan as 'Building Area," the Owner of those Building Areas shall be permitted to construct on those Building Areas, or cause to be constructed on those Building Areas, such buildings or structures, in the locations and with the heights,exterior configurations, and designs as Declarant shall approve, so long as such improvements • (i) do not violate City imposed parking requirements for the Project, (ii)are built in accordance with all set-back, zoning and other ordinances of the City, and.. (iii) do not exceed the maximum square footages as designated on the Site Plan and/or set forth in this Declaration(see Section 2.03) and the Development Manual. (c)Notwithstanding anything to the contrary contained in this Declaration, each Owner and Occupant, by taking title subject to this Declaration, hereby approves of the processing and recording by Declarant of, and agrees to execute and acknowledge, an amendment to the Parcel Map ("Amended Parcel Map")to reflect any changes or modifications to the Parcel Map which do not materially and adversely affect the use or development of the Parcel(s) of the Owner or directly or indirectly impose on the Owner or Occupants any greater obligations than those previously agreed to by the Owner or Occupants. Each Owner agrees to execute and acknowledge an amendment to this Declaration, and each Occupant agrees to execute and acknowledge a subordination to this Declaration, as so amended, provided that the amendment reflects only the changes required for this Declaration to be consistent with the Amended Parcel Map. • 16 • (d) The Site Plan sets forth Declarant's present intentions with regard to the location, configuration and massing of improvements on the Entire Property. Declarant and/or the assignee shall have the absolute right to make or approve such revisions or modifications to the Site Plan as it may deem necessary or desirable from time to time, subject to all of the provisions of this Declaration and the requirements of all applicable governmental laws, ordinances, rules and regulations including, without limitation, local zoning ordinances and building codes. Such revisions and modifications may include, without limitation,the addition or relocation of Project Roads. Except to the extent Declarant has agreed to greater restrictions in any lease with an Occupant or in any written agreement with another Owner, Declarant may make changes in the Site Plan provided that (i) access to then-existing Buildings is not impaired by the changes, (ii) the principal means of ingress and egress to the Project is not materially altered, and (iii) Declarant complies with all applicable City parking requirements and in all events, complies with Section 5.02(a)below. (e) At such time as Declarant requests, each Owner shall execute an amendment to this Declaration to replace the Site Plan with an "as-built" Site Plaii.("Amended Site Plan")to reflect the location and/or relocation of any of the Buildings, the reconfiguration of the Common Area • or any of the Parcels, and the improvements constructed on the Parcels. Except to the extent that . an Occupant's lease conditions or limits its willingness to subordinate its lease to an Amended Site Plan, at such time as Declarant requests, each Occupant shall execute a subordination to an Amended Site Plan. 5.02 Parking Standards. (a)Declarant agrees that the Parking Areas will always contain at least that number of parking spaces for automobiles, and driveways and footways incidental to the parking spaces, as is necessary to comply with all City requirements, and that the Parking Areas will contain)at least that number of parking spaces within the Project as is necessary to comply with all City requirements. (b)All persons shall use the.available Parking Area in accordance with the applicable requirements of this Declaration and all reasonable rules and regulations which Declarant shall adopt from time to time. (c)No person shall have an exclusive right to use.any portion of the Parking Area unless Declarant has approved of such exclusive use in its sole discretion. Unless required by law or approved by Declarant and the Owners of the Parcels affected thereby,no charge of any type shall be collected from any Permittees for parking, or the right to park vehicles in any portion of • 17 • the Parking Area, except reimbursement of Common Area Maintenance Costs as may be provided in this Declaration or in any agreement with any Occupant. (d) Each Owner shall cause the employees of all Occupants of its Parcel to park their automobiles in the applicable employee parking areas designated by Declarant. 5.03 Obstructions. Except as specifically depicted on the Site Plan or as may be approved in writing by the Declarant, no fence, division,partition, rail, or obstruction of any type or kind shall ever be placed, kept, permitted, or maintained between the Parcels or between any subsequent division of the Parcels or upon or along any of the common property lines of any portion thereof except within the confines of the Building Area, and except as may be required at any time and from time to time in connection with the construction,maintenance, and repair of the Common Area or construction within a Building Area(see Section 2.03(f) and (h)). 5.04 Grading. Any regrading of a Parcel shall require the prior written approval of Declarant, which approval shall not be unreasonably withheld or delayed. ARTICLE VI USE RESTRICTIONS 6.01 Use in General. The types of uses permitted in the Project shall be of a mixed use, commercial and/or retail nature found in first class developments of similar size and type in • similarly situated metropolitan areas. Such uses may include, supermarkets, drug stores, hardware stores, apparel stores, other general mercantile businesses, financial institutions, brokerage offices,real estate services, travel agencies, insurance agencies,movie theaters, restaurants, general office, medical, dental, and gaming as well as a hotel operation. j6.02 Generally Prohibited Uses. No use or operation will be made, conducted or permitted on or with respect to all or any part of the Project,which use or operation is obnoxious to, or out of harmony with, the development or operation of a first-class shopping center, and/or lifestyle center, and/or office complex and/or hotel, including but not limited to, the following: (a)Any public or private nuisance. (b) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness,.or loudness. (c)Any smell that is offensive or objectionable due to its nature or intensity. (d) Any excessive quantity of dust, dirt, or fly ash; provided however, this prohibition shall not preclude the sale of soils, fertilizers, or other garden materials or building materials in containers if incident to the operation of a home improvement or other similar store. • 18 I • (e)Any fire, explosion, or other damaging or dangerous hazard,including the storage, display, or sale of explosives or fireworks. (0 Any assembly, manufacture, distillation,refining, smelting, agriculture, or mining operations. (g) Any mobile home or trailer court,junkyard, stock yard, or animal raising. Notwithstanding the foregoing, pet shops shall be permitted within the Project. (h)Any drilling for and/or removal of subsurface substances. (i)Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for that purpose. 0)Any automobile body and fender repair work, except within those Parcels to be designed specifically for such use and referred to in an amendment to these covenants. (k) Any flea market or swap meet, "second hand"or"surplus" store(excluding national or regional operators such as "Goodwill"). (1)Any store in which a substantial portion of the inventory consists of pornography, sexual products, and similar "adult" goods,publications,movies, or-videos. • Declarant reserves the right to modify, amend, delete from or add to any of the foregoing list of restricted or prohibited uses and operations from time to time, and such modification, amendment, deletion or addition shall be effective as if set forth above. Declarant further reserves the right to grant exclusive or restricted uses of the Entire Property or any portions thereof from time to time for the benefit of any one or more Owners or Occupants, and each Owner and Occupant of an affected portion of the Entire Property shall thereafter hold and occupy its Parcel subject to such exclusive or restrictive use. 6.03 Noninterference With Common Area. The Common Area is intended for the nonexclusive use by the Occupants and Permittees of the Project. Except for any Outside Sales Area approved by Declarant in writing and any kiosk, stand or other retail improvements permitted by Section 5.01 (a), in order to provide for the orderly development and operation of the Project,no Occupant shall be entitled to the use of any Outside Sales Area, and no Occupant shall display, store, or sell any merchandise or place portable signs or other objects outsid,z:the defined exterior walls, roof, and permanent doorways of its Building. Declarant's approval of an Occupant's use of Outside Sales Area may be conditioned upon such Occupant's assumption of Common Area Maintenance Costs or maintenance duties related to that use. 6.04 Rules and Regulations. In the operation of the Common Area, Declarant from time to time may adopt reasonable Rules and Regulations pertaining to the use of the Common.Area • 19 • by the Permittees of the Project and employee parking; provided that all such Rules and Regulations and other matters affecting the users of the Common Area(a) will apply equally and without discrimination to all Permittees, (b) comply with City ordinances, and (c) are otherwise consistent with this Declaration. The adoption of such Rules and Regulations any amendment of such Rules and Regulations shall not be deemed to be, nor shall it require, an amendment to this Declaration. 6.05 Deliveries and Exterior.Maintenance Work.No deliveries of merchandise or other supplies shall be made, and no maintenance work or repair(except in the event of an emergency) on the exterior of any Building shall be performed between the hours of 10:00 p.m. and 7:00 a.m. each day. 6.06 Additional Use Restrictions and Requirements. In connection with Declarant's transfer or conveyance of a Parcel, Declarant reserves the right to impose such additional restrictions on operation or use requirements on the transferred Parcel or the Parcels Declarant continues to own, which restrictions are consistent and not in conflict with Declarant's then- existing agreements, as may be agreed to by Declarant and the subject Owner. ARTICLE VII MAINTENANCE AND REPAIR 7.01 Utilities. • (a) Declarant shall replace,repair and maintain, or cause to be replaced, repaired and maintained, in a first-class condition all common utility lines and systems located on the Common Area,unless the same are dedicated to and accepted by a public or quasi-public utility or authority or are maintained by a utility company. Such costs of replacement, repair and maintenance, to the extent such costs are not covered by insurance proceeds, are to be included in Common Area Maintenance Costs, as discussed in Section 7.03. (b) Each Owner shall replace, repair, and maintain in first-class condition all utility facilities, lines, and systems located on its Parcel that serve only its Parcel unless the same are dedicated to and accepted by a public or quasi-public utility or authority or are maintained by a utility company. (c)Any Owner who is the Grantee of a utility easement referred to in Section 4.02 (exclusive of an easement in which common utility lines and systems are located, which shall be maintained as part of the Common Area), shall maintain and repair at its cost any facilities installed pursuant to that easement which exclusively serve the Grantee's Parcel unless the facilities are granted or dedicated to and accepted by a utility or a governmental agency acceptable to the Grantor which agrees to maintain and replace the facilities. Any maintenance and repair of non-dedicated utilities located on the Grantor's Parcel shall be performed only after two (2)weeks'notice to the Grantor(except in an emergency the work may be initiated with • 20 • reasonable notice) and shall be done after normal business hours whenever possible and shall otherwise be performed in such a manner as to cause as little disturbance in the use of the Grantor's Parcel as is practicable under the circumstances. Any Grantee performing or causing to be performed such maintenance or repair shall pay all expenses associated with the maintenance and repair, will diligently complete such work as quickly as possible, and will promptly clean the area and restore the affected portion of the Common Area to a condition equal to or better than the condition which existed prior to the commencement of the work. 7.02 Common Area Maintenance Obligation. (a)From and after the date upon which the Common Area or a functional portion of the Common Area of the Project is substantially completed, Declarant shall maintain the Common Area or cause it to be maintained, in good order, condition, and repair. Declarant shall have the right, from time to time, to select another person or persons to maintain the Common Area(or portions thereof) and delegate Declarant's obligations with respect to the Common Area(or portions thereof)to such person(s). Declarant may hire companies affiliated with it to perform the maintenance and operation of the Common Area,but only if the rates charged by such companies are competitive with those of other companies furnishing similar services in the Bozeman, Montana area. In addition to the foregoing, and notwithstanding anything to the contrary contained herein, Declarant shall have the right, from time to time, to segregate the Common Area maintenance obligations hereunder(and associated Common Area Maintenance Costs)into one or more Phases, and in connection therewith to assign and transfer its obligations with respect to • such Common Area to one or more of the Owners within such Phase(s). In such event, such Owner or Owners shall maintain the Common Area within such Phase(s), or cause it to be maintained, in accordance with the standards and requirements set forth herein, and the Common Area Maintenance Costs incurred by such Owner(s) shall be allocated among and paid by the Owners within such Phase(s) in the manner provided in this Declaration. In such event, such Owners' share of Common Area Maintenance Costs to be paid to Declarant as provided below shall be their share of those Common Area Maintenance Costs that generally benefit the Project (or multiple Phases within the Project including such Owner's Phase); including, insurance premiums (unless specifically approved otherwise by Declarant in writing), maintenance, replacement and operation of Project Roads, common utility lines, Open Space and Open mace landscaping, walking and bike trails, bridges,ponds and streams;but specifically excluding; maintenance, replacement and operation of Parking Areas„landscaped areas outside of Open Space, dock, service and loading areas and sidewalks adjacent to buildings. Notwithstanding the foregoing or anything to the contrary contained herein, the Common Area of Phase 5 shall be maintained and operated separately from the balance of the Project and the Common Area Maintenance Costs associated with such maintenance shall be accounted for and billed separately from the Common Area Maintenance Costs for the balance of the Project. The Owner(s)of the Parcels within Phase 5 shall have no obligation to pay for any portion of Common Area Maintenance Costs applicable to any other Phase in the Project. Similarly, the Owner(s) of Parcels within the other Phases of the Project(i.e., all Phases, excluding Phase 5) • 21 • shall have no obligation to pay for any portion of Common Area Maintenance Costs applicable to Phase 5. (b) The minimum standard of maintenance for the Common Area Improvements shall be comparable to the standard of maintenance followed in other first-class commercial and/or retail developments of comparable size in the Bozeman, Montana area and in any event in compliance with all applicable governmental laws, rules, regulations, orders, and ordinances, City and County Noxious Weed Management Plan, and the provisions of this Declaration. All Common Area Improvements shall be repaired or replaced with materials at least equal to the,quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony and integration of the Project as a whole. In any event, the maintenance and repair obligation shall include but not be limited to the following: (i)Drive and Parking Areas. Maintaining all paved surfaces and curbs in a smooth and evenly covered condition, which maintenance work shall include, without limitation, cleaning, sweeping, snow removal,re-striping,repairing, resealing, and resurfacing. (For the purposes of this Section, an overlay of the Parking Area shall be considered a repair or maintenance item.) (ii) Debris and Refuse. Periodic removal of all papers, debris, filth,refuse, ice and snow, including sweeping to the extent necessary to keep the Common Area in a first- class, clean, and orderly condition. All sweeping shall be at appropriate intervals during such times as shall not interfere with•the conduct of business or use of the Common Area by persons intending to conduct business with Occupants of the Project. (iii) Signs and Markers. Placing, cleaning, keeping in repair,replacing, and repainting any appropriate directional signs or markers, including any handicapped parking signs, and any Project identification signage (excluding, however, any Occupant ! ... signage). (iv)Lighting. Operating(except after-hours lighting requirements - see Section 7.06), keeping in repair, cleaning, and replacing when necessary such Common Area lighting facilities as may be reasonably required, including all lighting necessary or appropriate for Common Area security. (v) Landscaped Areas. Cleaning and maintaining (including any requirement as may be imposed by the City to maintain landscape or to remove debris) all landscaped areas, landscaping, and planters adjacent to exterior walls of buildings, repairing automatic sprinkler systems or water lines in the Common Area, irrigating, weeding, pruning, fertilizing, and replacing shrubs and other landscaping as necessary; provided, however, that if any Owner requires or installs "special" landscaping(i.e. beyond the standard landscaping requirements for the remainder of the Project) the maintenance and cost of such special landscaping shall be borne solely by such Owner without cost or • 22 • expense to the other Owners and shall not be included in Common Area Maintenance Costs. (vi)Utilities. To the extent the same have not been dedicated to the public or any public or private utility, maintaining, cleaning, and repairing any and all common storm drains, utility lines, sewers, and other utility systems and services located in the Common Area which are necessary for the operation of the Common Area, and the maintenance and replacement of the trunk line portion of utility lines serving the Building Areas. (vii) Obstructions. Keeping the Common Area free from any obstructions including those caused by the sale or display of merchandise not otherwise permitted by this Declaration,unless the obstruction is permitted under the provisions of this Declaration. (viii) Sidewalks. Cleaning(including washing and/or steam cleaning), maintenance, and repair of all sidewalks, including those.adjacent and contiguous to Buildings located within the Project. Sidewalks shall be cleaned at appropriate intervals during such time as shall not interfere with the conduct of business or use of the Common Area. Notwithstanding the foregoing, any Occupant which is permitted by Declarant or by the terms of this Declaration to use any portion of the Common Area or the sidewalk areas adjacent to its Building for staging, storage, sales,promotional, marketing, customer service, or seating purposes shall keep that area in'a neat and clean condition • free of refuse and shall be responsible for any increase in Declarant's cost of maintaining the Common Area as a result of such activities. (ix) Security Personnel. Providing professional security personnel for the Common Area, if reasonably required. (x)Traffic. Supervision of traffic at entrances and exits to the Project and within the Project as conditions reasonably require in order to maintain an orderly and proper traffic flow. Notwithstanding anything to the contrary, each Owner shall maintain and repair, at its sole cost, in a clean, sightly and safe condition all of the following relating to its Parcel: any exterior shipping/receiving dock area, any"drive-thrus"approved by Declarant as herein provided, any truck ramp or truck parking area, any refuse, compactor or dumpster area, and any separate utility lines or any lateral utility lines extending to and from common trunk lines. 7.03 Common Area Maintenance Costs. Common Area Maintenance Costs shall include, without limitation, all expenditures, costs, premiums, and expenses for the following: • 23 . • (a) casualty and public liability insurance for the Common Area and improvements located on the Common Area, in the amounts and types set forth in Article X below, and payment of any deductible amount in the event of a claim; (b) repairs for any damage to the Common Area including, without limitation, the common utility lines and systems, to the extent that those costs are not covered by insurance proceeds; (c) all general maintenance and repairs with respect to the Common Area, whether required by the enactment or operation of law, or otherwise, including, without limitation, painting, re-striping, resurfacing, cleaning, sweeping, snow removal, and janitorial services; (d)maintenance,repair, and replacement as required, of the Common Area including, without limitation, the common utility lines and systems, and Parking Areas; provided, however, that if Declarant establishes reserves in anticipation of the replacement of Common Area -Improvements, the aggregate amount of the reserves with respect to that particular replacement item shall be applied by Declarant against the cost of replacing that item, at the time the item is replaced; (e) operation, maintenance and repair of the Project identification monument signs and pylon signs (if any);provided,however, if a monument or pylon sign also identifies specific Occupants, the portion of the operation and maintenance costs proportional to those Occupants' • share of the sign area shall be paid by those Occupants and shall not be a Common Area Maintenance Cost; (f)maintenance and repair of light standards, all plantings, sprinkler systems,ponds, streams, bridges,walking and bike paths, landscaping, directional signs and other markers, and parking bumpers; (g)providing common rubbish receptacles (including gates and enclosures) and r.-moval service only for Permittees of the Project; (h) storage space for Common Area maintenance equipment and supplies; (i) expenses for personnel to implement such services including, if Declarant in its sole judgment deems them reasonably necessary, the cost of security guards; 0) operation, maintenance, repair, and/or installation of any fire protection systems, security alarm systems, lighting systems, storm drainage systems, electrical systems, and any other utility systems serving the Common Area; • 24 • (k)payroll, payroll taxes, health, and workers' compensation insurance applicable to employees providing the aforementioned services rendered in connection with the Common Area; (1) all real estate taxes and assessments levied or assessed against the Common Area or the Common Area Improvements; (m)any public utility or governmental charges, surcharges, and any other costs levied, assessed,or imposed pursuant to assessment districts, laws, statutes, regulations, codes,and ordinances promulgated under or created by any governmental or quasi-governmental authority in connection with the development of the Project or the use of the Common Area; (n) necessary tools and supplies; (o) depreciation on maintenance and operating machinery and equipment(if owned)and rental paid for such machinery and equipment(if rented); provided, however, that if Declarant depreciates any particular machine or piece of equipment or establishes reserves in anticipation of the replacement of that machine or piece of equipment, the aggregate amount of the depreciation and reserves with respect to that particular machine or piece of equipment shall be applied by Declarant against the cost of replacing that machine and/or piece of equipment, at the time the machine or piece of equipment is replaced; • (p) other costs and fees necessary or beneficial, in Declarant's sole judgment, for the maintenance and operation of the Common Area, including the cost of enforcing the terms of this Declaration applicable to the Common Area; and (q) an allowance or fee for supervision of the Common Area in an amount equal to 15% of the total of all Common Area Maintenance Costs exclusive of this supervision allowance or fee. Declarant shall have the right to establish appropriate reserves for the payment of certain Common Area Maintenance Costs ems., repaving, restriping, replacing lighting and lighting facilities, equipment replacement, etc.) as it deems appropriate and the funding of such reserves shall be included in Common Area Maintenance Costs. To the extent feasible, as determined by Declarant in Declarant's sole discretion, from an accounting and operational perspective, as determined by Declarant in Declarant's sole discretion, Declarant shall attempt to separately account for Common Area Maintenance Costs on a Phase-by-Phase basis. 7.04 Payment of Common Area Maintenance Costs. Common Area Maintenance Costs shall not include any costs of the initial construction of the Common Area Improvements. After • 25 I 0 • the initial construction of the Common Area Improvements, the Common Area Maintenance Costs shall be paid to Declarant by each other Owner as follows: (a)Each other Owner shall pay to Declarant, on the first day of each calendar month, an amount reasonably estimated by Declarant to be one twelfth(1/12) of that Owner's share of the annual Common Area Maintenance Costs (which estimate, except for the first calendar year, shall be based on the prior year's expenses and reasonably anticipated changes in cost). An Owner's share of Common Area Maintenance Costs during any applicable monthly, quarterly or annual accounting period shall be the total Common Area Maintenance Costs incurred during that period multiplied by the quotient arrived at by dividing the number of square feet of Floor Area located on that Owner's Parcel by the total number of square feet of Floor Area which has been completed in the Project. This estimated monthly charge may be adjusted by Declarant at the end of any calendar quarter on the basis of Declarant's experience and reasonably anticipated costs. (b) Within a reasonable time following the end of each calendar year, Declarant shall furnish to each Owner a statement covering the calendar year just expired showing the total of the Common Area Maintenance Costs, the amount of each Owner's share of the Common Area Maintenance Costs for that calendar year, and the payments made by each Owner with respect to that calendar year as set forth in subparagraph(a) above. Owners shall have the right to audit any such statements in accordance with subparagraph (e)below. If an Owner's share of the Common Area Maintenance Costs exceeds that Owner's payments, the Owner shall pay to Declarant the • deficiency within ten(10) days after receipt of the statement. If the payments exceed that Owner's share of the Common Area Maintenance Costs, the Owner shall be entitled to offset the excess against the next payments which become due to Declarant as set forth in subparagraph (a) above. (c) Payment of any Common Area Maintenance Costs owed to Declarant under this Declaration which is more than ten(10) days past due shall be subject to a late payment penalty of fifteen percent(15%). In addition, for as long as the amounts owed to Declarant remain unpaid, those unpaid amounts shall bear interest at the Default Rate. Each Owner acknowledges that the late payment of any monthly installment will cause Declarant to incur certain costs and expenses not otherwise contemplated, the exact amount of which is extremely difficult and impractical to fix. Those costs and expenses will include, without limitation, administrative and collection costs, processing and accounting expenses, and other costs and expenses necessary and incidental to those costs and expenses. It is, therefore, agreed that this late charge represents a reasonable estimate of those costs and expenses and is fair compensation to Declarant for its loss suffered by the Owner's nonpayment. The late charge provisions contained in this Section are in addition to and do not diminish or represent a substitute for any or all of Declarant's other rights to enforce the provisions of this Declaration. (d)Within sixty(60) days after receipt of any Common Area Expense statement, any Owner may audit that statement. If it is determined as a result of an audit that the auditing Owner has paid in excess of the amount required pursuant to this Declaration, then the overpayment • 26 • shall be credited toward the next installment that would otherwise be due from the Owner. In addition, if the Owner paid more than five percent(5%)over the amount that the Owner should have paid(as determined by the approved audit), then the Declarant shall pay all of the auditing Owner's reasonable costs and expenses connected with the audit. (e) Notwithstanding anything contained in this Declaration to the contrary and without in any way modifying or limiting an Owner's obligations under this Declaration, each Owner may enter into agreements with its Occupants pursuant to which the Occupants are obligated to reimburse the Owner for some or all Common Area Maintenance Costs allocable to the Parcel and/or other expenses related to the operation and maintenance of the Common Area on terms which are more or less favorable than the terms of this Declaration with respect to that Owner's payment of its share of Common Area Maintenance Costs. Ifthe agreement is entered into on less favorable terms, subject to the immediately following sentence, the Owner will make up the shortfall. Likewise, in connection with the transfer or conveyance of a Parcel, Declarant may enter into an agreement with the respective Owner pursuant to which the Owner is obligated to reimburse Declarant for some or all Common Area Maintenance Costs allocable to the subject Parcel and/or other expenses related to the operation and maintenance of the Common Area on terms which are more or less favorable than the terms of this Declaration with respect to that Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, Declarant shall assume the shortfall. 7.05 Building Improvements. After completion of construction on its Parcel, each Owner or its Occupant shall, at its sole cost and expense,maintain and keep its Building and building improvements(including loading docks, service areas, "drive-thrus" and the like), if any, located on its Parcel in first-class, good, clean condition and state of repair, in compliance with all governmental laws, rules,regulations, orders, and ordinances exercising jurisdiction over them, and in compliance with the-provisions of this Declaration. Each Owner or its Occupant shall store all trash and garbage in adequate containers, in areas designated or approved by Declarant, and will arrange for regular removal of the trash or garbage. If an Owner or its Occupant fails to comply with Section 7.05, then Declarant shall have the right to give the defaulting Owner written notice of the default, specifying the particulars of the default. If the Owner which receives the notice fails to cure the default within thirty(30)days after its receipt of the notice, or if the nature of the default is such that it cannot be reasonably cured within a thirty (30) day period and the Owner does not commence to cure the default within the thirty(30) day period and thereafter diligently pursue the cure to completion, then Declarant may cure the default and then bill the defaulting Owner for the expense incurred. If the defaulting Owner does not pay the bill within fifteen (15)days, Declarant shall have all rights with respect to the bill as are provided for in Article XII. 7.06 After-Hours Lighting. If any Occupant's use of its Parcel requires Common Area lighting one half hour beyond the normal hours of the Project(as reasonably determined by Declarant), that Occupant shall be responsible for the cost of operating the Common Area • 27 .0 • • lighting on its Parcel and any other Parcel which it elects to have lighted after the normal hours, and the expense shall not be a Common Area Maintenance Cost. ARTICLE VIII DAMAGE TO IMPROVEMENTS 8.01 Restoration of Common Area. If any of the Common Area Improvements are damaged or destroyed, whether insured or uninsured, Declarant shall restore,repair, or rebuild those Common Area Improvements with all due diligence as nearly as possible to at least as good a condition as they were in immediately prior to the damage or destruction. Any cost of the restoration, repair, or rebuilding which is not reimbursed by insurance shall be a Common Area Maintenance Cost. 8.02 Restoration of Buildings. If the Building(s)on an Owner's Parcel are damaged or destroyed, that Owner may, but shall not be obligated by this Declaration to,restore and reconstruct those Building(s) within the final configuration of the Building Areas within that Owner's Parcel. If an Owner elects to reconstruct the Building(s) on its Parcel, those Buildings shall be restored to a condition as good as immediately prior to the damage or destruction, and all restoration and reconstruction shall be performed in accordance with the following requirements,. as those requirements are applicable to the restoration and reconstruction: (a)No restoration or reconstruction work shall be commenced unless the Owner desiring • to perform the work has in each instance complied with the appropriate provisions of Article H with respect to plan approval. (b)All restoration and reconstruction work shall be performed in a good and workmanlike manner and shall conform to and comply with: (i)The plans and specifications approved pursuant to Article II; (ii) All applicable requirements of laws, codes, regulations and rules; and (iii)All applicable requirements of this Declaration. (c)All restoration and reconstruction work shall be completed with due diligence and at the sole cost and expense of the Owner performing the work. 8.03 Clearing of Premises. Whenever an Owner elects not to restore, repair or rebuild a Building that has been damaged or destroyed, that Owner, at its sole cost and expense, shall raze the Building, or the parts of the Building which has been damaged or destroyed, shall clear the premises of all debris, and all areas not restored to their original use shall, at the expense of the Owner, be leveled, cleared, and improved with, at the option of the Owner, either landscaping or parking area, of like standard and design as the Common Area of the Project. Although no • 28 0 • • transfer of ownership shall be deemed to have occurred as a result of the Owner's election not to restore its Building if the area is converted to landscaped area or Parking Area, the area shall be treated as Common Area and shall be maintained and insured by Declarant as Common Area; however, the Owner shall reimburse Declarant for the maintenance and insurance costs which are fairly allocated to the area and those costs shall not be Common Area Maintenance Costs. ARTICLE IX EMINENT DOMAIN 9.01 Eminent Domain. If any part of the Project, including the Common Area, shall be taken by eminent domain or any other similar authority of law, the entire award for value of the land and improvements so taken shall belong to the Owner whose property was so taken or its Occupants, as their interests may appear or as the Owner and Occupants have agreed to in the Occupant's lease, and the other Owner(s) shall not claim any portion of the award by virtue of any interests created by this Declaration. However, the other Owner(s)may file a claim with the condemning authority over and above the value of the property so taken to the extent of any damage suffered by those Owner(s)resulting from the severance of the area taken. The Owner whose property was condemned shall promptly repair and restore in accordance with this Declaration the remaining portion of its Parcel as nearly as practicable to the condition existing just prior to the condemnation without contribution from the other Owner(s). ARTICLE X • TAXES AND INSURANCE 10.01 Realty Taxes and Assessments. In addition to each Owner's payment of its share of real estate taxes and assessments on the Common Area as provided in Article VII, each Owner shall pay, or cause to be paid by that Owner's Occupants when due, all real estate taxes and assessments which may be levied, assessed, or charged by any public authority against that Owner's Parcel, the improvements on that Parcel, or any other part of that Parcel. If an Owner shall deem any real estate tax or assessment(including the rate thereof or the assessed valuation of the property) to be excessive or illegal, that Owner shall have the right, at its own costs and expense, to contest the tax or assessment by appropriate proceedings, and nothing contained in this Section shall require the Owner to pay the real estate tax or assessment as long as (a)no other Owner's Parcel would be immediately affected by the failure to pay(or bond)the tax or assessment; and(b) the amount or validity of the tax or assessment shall be contested in good faith. If the failure to pay(or bond) the tax or assessment would affect another Owner's Parcel, that other Owner shall have the right to pay the tax and shall have a lien on the nonpaying Owner's Parcel for the amount so paid until reimbursed for the payment. The lien shall be subject to and junior to, and shall in no way impair or defeat the interest, lien, or charge of any Mortgagee or Occupant. 10.02 Indemnification. Declarant or any other person who operates and maintains the Common Area shall indemnify, defend, and save the other Owners harmless from and against • 29 i 0 • any and all demands, liability, damage, expense, cause of action, suit, claims, and judgments, including reasonable attorneys' fees, arising from injury or death to person or damage to property that occurs as a result of that person's operation and maintenance of the Common Area except to the extent that the injury, death, or damage is caused by the indemnified Owner's negligence or willful act or omission. In addition, each Owner shall indemnify, defend, and save the other Owners harmless from and against any and all demands, liability, damages, expenses, causes of action, suits, claims, and judgments, including reasonable attorney's fees, arising from injury or death to person or damage to property that occurs as a result of the use or operation of the indemnifying Owner's Parcel, except to the extent that the injury, death or damage is caused by the indemnified Owner's negligence or willful act or omission;provided, however, indemnification under this sentence shall not be required where the claim or loss underlying an indemnitee's request for indemnity is (i)required to be indemnified against pursuant to the immediately preceding sentence, (ii) is insured against by the insurance required to be maintained by the Declarant covering the Common Area in accordance with Section 10.4, or(iii) is insured against by the insurance required to be maintained by the indemnfee with respect to the use and operation of the Buildings on the indemnitee's Parcel in accordance with Section 10.04. 10.03 Casualty Insurance and Restoration. (a)Declarant;as respects the improvements on its Parcels and as respects all of be Common Area Improvements, will carry or cause to be carried, casualty insurance ir an amount equal to 90% of the full replacement cost(exclusive of the cost of excavation, foundations and • footings) of those buildings and improvements for the risks covered within the classification of "all-risk" coverage, excluding coverage against earthquake and flood unless the cost of the that coverage is, in Declarant's business judgment, economically reasonable. The insurance shall be carried with a financially responsible insurance company or companies. (b) Each other Owner, as respects the building improvements on its Parcel (excluding Common Area Improvements on its Parcel), will carry or cause to be carried "all-risk" casualty insurance, excluding coverage against earthquake and flood unless the cost of the same is, in the Owner's business judgment,reasonably exercised, economically reasonable. The insurance shall be in an amount equal to 90% of the full replacement cost(exclusive of the cost of excavation, foundations and footings of the Building). The insurance shall be carried with a financially responsible insurance company or companies. The insurance shall contain a provision that it may not be canceled,reduced or materially amended without at least thirty(30) days written notice being given by the insurer to the Declarant. To the extent Declarant is causing the insurance to be carried by an Occupant who has ground leased premises in the Project and who has developed its Building substantially at its own cost and expense, Declarant may agree to a reduced insurance obligation for that Occupant near the end of that Occupant's lease term. 10.04 Owners' Liability Insurance. Each Owner shall, severally, at all times during the term of this Declaration,maintain or cause to be maintained by its Occupant in full force and effect a comprehensive occurrence public liability insurance policy covering the use and • 30 operation of Buildings and other structures if applicable) on its Parcel and as to Declarant • p g ( PP ) ( , covering the use and operation of all of the Common Area), with a financially responsible insurance company or companies, including coverage for any accident resulting in bodily injury to or death of any person and consequential damages arising therefrom, and comprehensive property damage insurance, each in an amount not less than $3,000,000 per occurrence or, as to an Occupant of a Declarant owned Parcel and as to an Owner other than Declarant, such lesser amount as may be agreed to by Declarant. Declarant's public liability policy with respect to the Common Area shall name each other Owner as an additional named insured and each public liability policy with respect to the use and operation of the Buildings on an Owner's Parcel shall name Declarant and each other Owner as an additional named insured. Declarant's public liability policy with respect to the Common Area and each Owner's public liability policy with respect to the Buildings on its Parcel shall also include a contractual liability endorsement in an amount not less than the amount of the above-described comprehensive public liability policy to insure their respective indemnities set forth in Section 10.02. Each Owner shall furnish to each other Owner which requests proof of insurance in writing, evidence that the insurance referred to in this Section is in full force and effect and that the premiums for the policy have been paid. The insurance shall provide that it may not be canceled, reduced below the required minimum or materially amended without at least thirty(30)days prior written notice being given by the insurer to Declarant. 10.05 Blanket Insurance. Any insurance required to be carried pursuant to this Article may be carried under a policy or policies covering other liabilities and locations of an Owner; • provided,however, that the policy or polices must apply to the properties required to be insured by this Article in an amount not less than the amount of insurance required to be carried by the Owner with respect to the Parcel, pursuant to this Article. 10.06 Release and Waiver of Subrogation. Each Owner hereby releases and waives for itself, and to the extent legally possible for it to do so, on behalf of its insurer, each of the other Owners from any liability for any loss or damage to its property located upon the Project,which loss or damage is of the type covered by the "all-risk" casualty insurance described in this Article X, irrespective of any negligence on the part of the other Owner which may have contributed to or caused such loss. Each Owner covenants that it will, if generally available in the insurance industry, obtain for the benefit of the other Owners an express waiver of any right of subrogation which the insurer of that Owner may acquire against the other Owner by virtue of the payment of any such loss covered by the insurance. If any Owner is by law, statute, or governmental regulation unable to obtain a waiver of the right of subrogation for the benefit of another Owner, then, during any period of time when a waiver of subrogation is unobtainable,the Owner shall be deemed not to have released any surrogated claim of its insurance carrier against the other Owner, and during the same period of time the other Owner shall be deemed not to have released the Owner who has been unable to obtain a waiver of subrogation from any claims they or their insurance carriers may assert which otherwise would have been released pursuant to this Section. • 31 • ARTICLE XI ENVIRONMENTAL MATTERS 11.01 Duties of Owners. Except as provided in Section 11.03,neither Owners nor Occupants shall release, generate, treat,use, store, dump, transport, handle, or dispose of any Hazardous Material within the Parcels or otherwise permit the presence of any Hazardous Material on,under, or about the Parcels or transport any Hazardous Material to or from the Parcels. Any such use, handling or storage permitted under Section 11.03 shall be in accordance with all Environmental Laws and all other applicable laws, ordinances,rules, and regulations now or hereafter promulgated by any governmental authority having jurisdiction thereof. Neither Owners nor Occupants shall install, operate or maintain any above, below, or at grade tank, sump,pit, or other storage or treatment vessel or device on or about the Parcels with the exception of gasoline, diesel and/or oil underground storage tanks or other storage devices or containers utilized in connection with an automobile gasoline and/or service station provided that such use is permitted in the Project, and further provided that the operator of the'service station has obtained Declarant's consent to the underground storage tanks or other storage devices or containers pursuant to the last paragraph of Section 11.03 of this Declaration. 11.02 Specific Construction Materials. No Owner or Occupant shall introduce, or permit any other Person to introduce, any friable asbestos, radioactive material,urea formaldehyde foam insulation;or devices containing polychlorinated biphenyls (PCBs) into any portion of the Project.' • 11.03 Permitted Use, Storage,Handling, and Disposal of Hazardous Materials. Notwithstanding anything contained in Section 11.01 to the contrary, incident to the normal operation of motor vehicles within the Parking Areas, the Owners and their Occupants and Permittees may utilize gasoline and petroleum products used to fuel and/or lubricate motor vehicles. In addition, notwithstanding anything contained in Section 11.01 to the contrary, the Owners or their Occupants may utilize cleaning products and sell and otherwise merchandise products,which may contain Hazardous Materials, so long as those products are commonly utilized for maintenance purposes or merchandised in other first-class shopping centers, and so long as those products are safely handled and stored in compliance with applicable laws. An Owner or its Occupants may also use other Hazardous Materials in connection with its use of its Parcel if the Owner has received Declarant's prior consent to the use. Declarant shall not unreasonably withhold or delay its consent provided(i) the Owner or Occupant demonstrates to Declarant's reasonable satisfaction that the Hazardous Materials (a) are necessary or useful to the Owner's or Occupant's business, (b)will be monitored,used, stored, handled, and disposed of in compliance with all Environmental Laws, (c)will not endanger any persons or property, (d) are consistent with and normally found in first-class retail establishments, and(e)will not invalidate or limit the coverage or increase the premiums of any insurance policy effecting or covering the Building, the Parcel, or the Project; (ii) such use is not prohibited by Article VI of this Declaration; (iii) the Owner or Occupant provides Declarant with such security as may be • 32 • reasonably required by Declarant; and(iv) the Owner or Occupant satisfies any other requirements Declarant may reasonably impose with respect to the Owner's or Occupant's use of the Hazardous Materials. ARTICLE XII LIENS 12.01 Assessment Lien. If any sum of money payable by any Owner pursuant to any provision of this Declaration to any other Owner is not paid when due, and after the defaulting Owner has been notified in writing of the default and the expiration of any applicable grace period set forth in this Declaration, or a reasonable period of time not to exceed thirty(30)days if there is no express grace period, the Person to whom the sums are owing shall have the right to record, in the office where documents are to be recorded, a notice of Assessment Lien("Notice of Assessment Lien")which shall set forth the then delinquent amount owed by the defaulting Owner pertaining to any Parcel(including, if applicable, interest at the Default Rate)and a legal description of the Parcel within the Project owned by that defaulting Owner. Upon recordation of a Notice of Assessment Lien, the then delinquent amount owed by the Owner together with interest on that amount, shall constitute an Assessment Lien upon the property within the Project described in the Notice of Assessment Lien which is owned or was previously owned by the defaulting Owner. If the amount secured by an Assessment Lien is not paid in full within ten (10) days after a Notice of Assessment Lien has'been recorded, and the Owner has been provided with a copy of the recorded Notice of Assessment Lien, the Person to whom the amounts are awed • may enforce payment of the assessment or other amount due, or enforce the Assessment Lien against the property of the delinquent Owner, by foreclosing the Assessment Lien against the delinquent Owners Parcel in accordance with the laws relating to the foreclosure of realty mortgages (including the right to recover any deficiency), either judicially or non judicially under a power of sale, such power being hereby granted to Declarant as a mortgagee. 12.02 Assessments as Personal Obligations. Each amount due by an Owner pursuant to any provision of this Declaration, together with interest at the Default Rate, costs and attorneys' fees, shall be the personal obligation of the defaulting Owner, but the personal obligation of the Owner shall not be deemed to discharge or limit the lien on the land of any Assessment Lien encumbering the property of the Owner within the Project.No Owner shall avoid liability for payment of any amount due under this Declaration which fell due while that Person was the Owner by nonuse of the Common Area or by transfer or abandonment of the Owner's property. If any property within the Project as to which a Notice of Assessment Lien has been recorded pursuant to Section 12.01 is sold, conveyed or otherwise transferred in whole or in part,by the Owner of that Parcel,the property shall remain subject and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien. 12.03 Superiority of Assessment Lien. The Assessment Lien provided for above shall be superior to any and all other charges, liens and encumbrances which hereafter in any manner may arise or be imposed upon any portion of the Project, regardless of the order of filing of any of the • 33 • foregoing;provided,however, that the Assessment Lien shall in all events be subject and subordinate to: (a) Liens for taxes and other public charges which by applicable law are expressly made superior to the lien of the Assessment Lien; (b) Any mortgages, trust indentures, deeds of trust, or security instruments of any kind recorded in the office of the County clerk and recorder prior to the date of recordation of a Notice of Assessment Lien; provided, however, that all liens recorded subsequent to the recordation of a Notice of Assessment Lien shall be junior and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien; and (c) The rights of any and all Occupants occupying any portion of the Project under written leases,whether the lease at issue was dated and/or recorded before or after the Assessment Lien at issue. If an Owner is delinquent in paying any amounts due under this Declaration, and as a result of the delinquency a Notice of Assessment Lien is recorded as provided in this Declaration, the Person recording the Notice of Assessment Lien may record subsequent Notices of Assessment Lien as to any amounts owed by that Owner to the same person which become delinquent after the recordation of the initial Notice of Assessment Lien, and the priority of the . Assessment Lien as to any amounts thereafter becoming delinquent shall be fixed as of the date • of recordation of the initial Notice of Assessment Lien,but only if the initial Notice of Assessment Lien has not been discharged. A person may prosecute a single Assessment Lien foreclosure action as to amounts delinquent at the time a Notice of Assessment Lien is recorded and as to amounts thereafter becoming delinquent,up to and including the time a final judgment is rendered in the action. 12.04 Release of Assessment Lien. Within 10 days after the curing of any default for which a Notice of Assessment Lien was recorded, the Person who recorded the Notice of Assessment Lien shall record an appropriate release of any Notice of Assessment Lien upon payment by the defaulting Owner of a reasonable fee, to be determined by the person recording the Notice of Assessment Lien, to cover the costs of preparing and recording the release, together with the payment of such other costs, including, without limitation, reasonable legal fees, court costs, interest, and fees, as that Person shall have incurred in connection the Assessment Lien. Any Assessment Lien relative to which suit has not been filed and a lis pendens recorded in the records of Gallatin County, Montana within one(1)year after the date of the recordation of the Assessment Lien, shall automatically be rendered null,void and of no further force or effect. The foregoing nullification of any Assessment Lien shall be self-operative and shall not require the execution or recordation of any further documents. 12.05 Litigation of Assessment Lien. Notwithstanding any provision contained in this Declaration, any Owner shall have the right to contest, in a court of competent jurisdiction, the • 34 i I • 0 • recordation of any Notice of Assessment Lien against the property within the Project owned or occupied by that Owner on the basis that the recordation of the Notice of Assessment Lien or the amounts claimed to be delinquent in the Notice of Assessment Lien are incorrect or improper under the provisions of this Declaration. The prevailing party in the action shall be entitled to recover from the other party or parties its reasonable attorneys' fees incurred in connection with the action. ARTICLE XIII RESALE RESTRICTIONS 13.01 Right of First Refusal. The Declarant will have a right of first refusal, on the terms and conditions set forth in this Article,with respect to each Parcel in the Project. The right of first refusal will be binding on all Parcels and all Owners throughout the term of this Declaration. 13.02 Negotiation Before Marketing. If an Owner wishes to attempt to sell its Parcel, then before attempting to market the Parcel or solicit offers to purchase the Parcel, the Owner will inform the Declarant in writing of the Owner's intent to sell the Parcel, and will then enter into good faith negotiations for sale of the Parcel to the Declarant on mutually acceptable terms and conditions. If despite such good faith negotiations the Owner and the Declarant cannot reach a mutually acceptable agreement under which the Owner will sell the Parcel to the Declarant, then the Owner may attempt to market the Parcel,to third parties, subject to the requirements of this Article. • 13.03 Notice of Intent to Sell. No Owner will have the right to sell or otherwise transfer its Parcel to any person other than the Declarant unless and until the Owner has complied with the following requirements: (i) If the Owner enters into a good faith, bonafide contract to sell or otherwise transfer its Parcel to a person other than the Declarant,then the Owner must promptly deliver a complete copy of the sale contract, or a complete summary of the terms of any oral sale contract, to the Declarant, together with a written notice advising the Declarant that unless the Declarant exercisds the right of first refusal granted by this agreement within ten(10)business days, then the Owner intends to sell or transfer the Parcel to the third party in accordance with the terms of the sale contract attached to the notice. The written notice described in this paragraph is referred to in this Article as a "Notice of Intent to Sell." (ii) Upon receipt of a Notice of Intent to Sell and a copy of a sale contract, the Declarant will have a period of ten(10) business days in which to advise the Owner in writing that the Declarant intends to purchase the Parcel from the Owner on terms and conditions identical to those set forth in the sale contract attached to the Notice of Intent to Sell. • 35 • (iii) If within ten(10) business days after receipt of a Notice of Intent to Sell, the Declarant delivers a written notice to the Owner stating that the Declarant has elected to purchase the Parcel on the terms and conditions set forth in the sale contract attached to the Notice of Intent to Sell, then the Owner will transfer good and marketable title to the Parcel to the Declarant on those terms and conditions. (iv) If the Owner does not receive a written notice stating that the Declarant has elected to purchase the Parcel within ten(10) business days after the Declarant receives a Notice of Intent to Sell, or the Declarant notifies the Owner in writing that the Declarant has decided not to exercise the right of first refusal provided for in this Article, or the Declarant fails to purchase the Parcel on the terms and conditions set forth in the sale contract attached to the Notice of Intent to Sell, then the Owner may sell the Parcel to the third parry on the terms and conditions set forth in the sale contract.attached to the Notice of Intent to Sell. 13.04 Transfers Exempt From Right of First Refusal. (a)The Owner will not be required to comply with the requirements of this Article, and the Declarant will not have the right to exercise the remedies provided for in this Article, in the following situations: (i) Transfers involving only the Owner. If the Owner consists of two or more individuals and/or entities, and any of those individuals or entities sells that party's interest in the Parcel to one or more of the other individuals and/or entities which • comprise the Owner. (ii) Death. If the Owner is an individual, and the Parcel is transferred upon the death of the Owner to a third party by action of law or through probate proceedings. (iii)Divorce. If the Owner's interest in the Parcel is transferred to the Owner's spouse in the course of divorce proceedings. (iv) Foreclosure. The Parcel is transferred to a third party by foreclosure proceedings,by trustee's sale or other non judicial foreclosure proceedings, by forfeiture of the Owner's rights under a contract for deed, or by deed in lieu of foreclosure. (v) Execution of judgment. The Parcel is transferred to a third party at sheriffs sale in connection with the execution of a judgment which has attached to the Parcel. (vi) Bankruptcy or regulatory proceedings. The Parcel is transferred to a third party in connection with bankruptcy proceedings or any regulatory receivership, conservatorship or liquidation proceedings involving the Owner. (vii) Gifts. The Parcel, or any interest in the Parcel, is transferred to a third party without consideration, or for less than full consideration, as a gift. I • 36 • 0 . 13.05 Effect of Failure to Comply with this Article. If a Parcel or any interest in a Parcel is transferred to any person without satisfying the requirements of this Article, or on terms other than those set forth in a Notice of Intent to Sell, then the Declarant will be entitled to purchase the Parcel from the transferee at any time within two (2)years after the Declarant receives actual knowledge of the transfer or the violation of the requirements of this Article for the amount that the transferee paid for the Parcel. The Declarant will not waive its rights under this Article, or be estopped from exercising its rights under this Article, as a result of any delay in exercising those rights after a transfer which violates this Article. ARTICLE XIV MISCELLANEOUS 14.01 Notices. Any notice,payment, demand, offer, or communication required or permitted to be given by any provision of this Declaration shall be deemed to have been sufficiently given or served for all purposes if personally delivered, sent by registered or certified mail, postage and charges prepaid, or by Federal Express or other reputable overnight courier or delivery service, addressed as follows: To Declarant: Mitchell Development Group, LLC P. O. Box 738 Great Falls, MT 59403 Attention: Theodore J. Mitchell • Any such notice shall be deemed to be given(i) on the date of personal service upon the p P person to whom the notice is addressed or if such person is not available the date such notice is left at the address of the person to whom it is directed, (ii) three(3) days after the date the notice is deposited with the United'States Post Office,provided it is sent prepaid, registered or certified mail, return receipt requested, and(iii) on the date the notice is delivered by a reputable professional courier service(including Federal Express, Express Mail, UPS, or similar operation) to the address of the person to whom it is directed,provided it is sent prepaid. 14.02 Binding Effect. All of the limitations, covenants, conditions, easements,and restrictions contained in this Declaration shall attach to and run with each Parcel and shall benefit or be binding upon the successors and assigns of the respective Owners. This Declaration and all the terms,covenants, and conditions contained in it shall be enforceable as equitable servitudes in favor of all or any portion of the Parcels. 14.03 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Declaration shall entitle any Owner to cancel, rescind, or otherwise terminate this Declaration, and such limitations shall not affect in any manner any of the rights or remedies which the Owners may have by reason of any breach of this Declaration. • 37 • 14.04 Legal Action. If any of the Owners breaches any provision of this Declaration, then any other Owner may institute legal action against the defaulting Owner for specific performance, injunction, declaratory relief, damages, or any other remedy provided by law. In addition to the recovery of any amounts expended on behalf of the defaulting Owner, the prevailing Owner shall be entitled to recover from the losing Owner such amount as the court may adjudge to be reasonable attorneys'fees. 14.05 Breach - Effect on Mortgagee and Right to Cure. Breach of any of the covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien of anv Mortgage made in good faith,but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any Owner of any portion of the Project who acquires title by foreclosure,by trustee's sale, or by deed in lieu of foreclosure or trustee's sale; provided, however,that any such Owner who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale shall take title free of any liens created or provided for under this Declaration, though otherwise subject to the provisions of this Declaration. Notwithstanding any other provision in this Declaration for notices of default, the Mortgagee of any Owner in default under this Declaration shall be entitled to notice of the default, in the same manner that other notices are required to be given under this Declaration;provided, however, that the Mortgagee shall have, prior to the time of the default,notified the Owner giving the notice of default of the Mortgagee's interest and mailing.address. If any notice is given of the default of an Owner and the defaulting Owner has failed to cure or commence to cure that default as provided in this Declaration, then the Owner giving the notice of default covenants to give the Mortgagee(which • has previously given the notice described above to the Owner)under any Mortgage affecting the Parcel of the defaulting Owner an additional notice given in the manner provided above, that the defaulting Owner has failed to cure the default and the Mortgagee shall have thirty(30)days after the additional notice to cure the default, or, if the default cannot be cured within thirty(30) days, diligently to commence curing within such time and diligently pursue such cure to completion within a reasonable time after the notice of default. The giving of any notice of default or the failure to deliver a copy of the notice to any Mortgagee will not create any liability on the part of the Owner which declares a default. 14.06 Effect on Third Parties. Except for Section 13.05 which is for the benefit of Mortgagees, the rights, privileges, or immunities conferred under this Declaration are for the benefit of the Owners and not for any third party. 14.07 No Partnership. Neither this Declaration nor any acts of the Owners shall be deemed or construed by the parties to this Declaration, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between any of the Owners to this Declaration. 14.08 Modification. Except as otherwise provided in this Declaration, this Declaration may be amended and/or supplemented by a writing signed by Declarant and by the Owner(s)to be bound by the terms and provisions of such amendment or supplement and consented to by the • 38 0 • Mortgagee(s) of the affected Parcels,without the consent of any other Persons or Occupants; provided that Declarant shall have the right to (i) locate with specificity any of the easements created pursuant to Section 4.02, (ii)revise the Site Plan (as provided in Section 5.01), (iii) subject any other land presently outside of the Entire Property to the provisions of this Declaration,by recording with the County Recorder an amendment to this Declaration executed only by Declarant, without the consent of any other Owner or Occupant, and/or(iv)modify the requirements of this Declaration as it pertains to any Parcel without the consent of any Person other than the affected Owner. If a request to change or alter this Declaration is made by any"institutional lender," as defined in this Section, proposing to extend credit to be secured by a first trust indenture, first deed of trust, or first mortgage on the interest of any Owner within the Project, in order to (i) clarify the rights of that lender under this Declaration and/or(ii) otherwise better secure to the lender its ability to protect its security, consent to the changes or alteration of this Declaration shall not be unreasonably withheld by any Owner or other person or entity whose consent or approval of the changes or alteration is required by this Declaration. The term "institutional lender," as used in this Section shall be deemed to mean any bank, savings or building and loan association, trust, or other similar institutional type of lender(including loan service correspondent companies designated by any such lender). 14.09 Severability. If any term, covenant, condition,provision, or agreement contained in this Declaration is held to be invalid,void, or otherwise unenforceable, by any court of • competent jurisdiction, the holding shall in noway affect the validity of enforceability of any other term, covenant, condition,provision, or agreement contained in this Declaration. 14.10 Governing Law. This Declaration and the obligations of the Owners under this Declaration shall be interpreted, construed, and enforced in accordance with the laws of the State of Montana. 14.11 Terminology. Captions. All personal pronouns used in this Declaration, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural and vice versa. Article and Section titles or captions contained in this Declaration are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Declaration or any provisions of this Declaration. The Exhibits attached hereto are incorporated herein by this reference. 14.12 Consent. In any instance in which any Owner shall be requested to consent to or approve of any matter with respect to which consent or approval is required by any of the provisions of this Declaration, the consent or approval or disapproval shall be given in writing. 14.13 Estoppel Certificate. Each Owner severally covenants that upon written request of any other Owner it will issue to the other Owner or to any prospective Mortgagee or purchaser of the other Owner's Parcel an Estoppel Certificate stating: (a) whether the Owner to whom the • 39 • request has been directed knows of any default under this Declaration and if there are known defaults specifying.the nature of those defaults; (b) whether to its knowledge this Declaration has been assigned, modified, or amended in any way(and if it has, then stating the nature of the modifications or amendments); and(c)whether to the Owner's knowledge this Declaration as of that date is in full force and effect. 14.14 Not a Public Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of the Project to the general public or for the general public or for any public purpose whatsoever, it being the intention of Declarant that this Declaration shall be strictly limited to and for the purposes expressed in this Declaration. 14.15 Release. If an Owner sells, transfers, or assigns its entire Parcel or its interest in its Parcel, it shall, except as provided in this Declaration, be released from its unaccrued obligations under this Declaration from and after the date of the sale, transfer or assignment. It shall be a condition precedent to the release and discharge of any Grantor or assignor Owner from its unaccrued obligations under this Declaration that the following conditions are satisfied: (a)the Grantor or assignor shall give notice to the Declarant of the sale, transfer, conveyance, or assignment prior to the filing for record of the instrument effecting the same, (b) the Grantor or assignor shall pay all monetary sums then owed under the terms of this Declaration, and (c)the transferee shall execute and deliver to the Declarant a written statement in recordable form in which: (i) the.name and address of the transferee shall be disclosed; and(ii)the transferee shall acknowledge its obligation under this Declaration and agree to be bound by this Declaration and • perform all obligations under this Declaration in accordance with the provisions of this- Declaration. Failure to deliver this written statement shall not affect the running of any covenants contained in this Declaration with the land,however, it shall constitute a default by the transferee. In addition to those rights set forth elsewhere in this Declaration, Declarant shall have the right, from time to time, to transfer or assign some or all of its rights and obligations hereunder to (i) any successor or assign who has or takes title to any portion of the Entire Property for The purpose of development and/or resale in the ordinary course of business, or(ii) an association of Owners established and formed for the purpose of assuming and performing the rights and obligations of Declarant hereunder; and in each case as so designated as "Declarant"in a recorded instrument executed by the immediately preceding Declarant. In such event, such immediately preceding Declarant shall be released of all unaccrued liabilities and obligations so transferred or assigned. Anything in this Section to the contrary notwithstanding, it is expressly understood and agreed that no sale,transfer, or assignment or written acknowledgment by the transferee of its obligations under this Declaration shall effectuate a release of its transferor with respect to obligations which accrued prior to the transfer. • 40 • 14.16 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 14.17 Excuse for Nonperformance. Each Owner shall be excused from performing any obligation or undertaking provided in this Declaration, except any obligation to pay any sums of money under the applicable provisions of this Declaration(unless the payment is conditioned upon performance of any obligation or undertaking excused by this Section), if and so long as the performance of the obligation is prevented or delayed, or hindered by act of God, fire, earthquake, floods, explosion, actions of the elements,war, invasion, insurrection, not, mob violence, sabotage, inability to procure or general shortage of labor, equipment facilities, materials, or supplies in the ordinary course on the open market, failure of normal transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of governmental agencies, approvals, or permits despite the exercise of due diligence and best efforts by an Owner or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of the Owner, other than the lack of or inability to obtain funds. 14.18 Duration. This Declaration and each term, easement, covenant, restriction, and undertaking of this Declaration will remain in effect for a term of sixty(60)years from the its recordation date and will automatically be renewed for successive ten(10) year periods unless the Owners owning two-thirds or more of the land comprising the Project elect in writing not to so renew. 14.19 Waiver of Default. No waiver of any default by any Owner shall be implied from • any omission by any other Owner to take any action in respect of the default if the default continues or is repeated. No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in the express waiver. One or more written waivers of any default in the performance of any term,provision, or covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent default in the performance of the same term,provision, or covenant or any other term,provision, or covenant contained in this Declaration. The consent or approval by any Owner to or of any act or request by any other Owner requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any Owner by this Declaration shall be deemed to be cumulative and no one of such rights and remedies shall be exclusive of any of the others, or if any other right or remedy at law or in equity which any Owner might otherwise have by virtue of a default under this Declaration, and the exercise of one right or remedy by any Owner shall not impair the Owner's standing to exercise any other right or remedy. 14.20 Common Ownership. The ownership of all Parcels in the Project by the same Person shall not result in the termination of this Declaration. • 41 EXECUTED as of the date first written above. MITCHELL DEVELOPMENT GROUP, LLC, a Montana limited liability company By Name: Theodore J. Mitchell Its: Operating Manager [ADD ACKNOWLEDGMENT] List of Exhibits: Exhibit"A" - Legal Description Exhibit`B" - Parcel Map Exhibit"C" - Phasing Plan Exhibit"D"' - Site Plan • • 42 � � ::26;: • • • 26. All areas for the purposes of open space, storm water runoff facilities, and other common areas owned and maintained by the property owner's association (i.e., off-street parking and open space areas) shall be identified on the final plat as "common area" and/or "common open space", and noted accordingly in the protective covenants of the property owner's association documents. The Final Plat shall note the area designated to meet the Common Open Space requirements for The Bozeman Gateway Subdivision P.U.D. (10.10 acres). Response: Applicant Agrees and modifications are made to the-Final Plat. The Open Space area as designated to meet the Common Open Space requirements for the Bozeman Gateway Subdivision is noted as 8.51 acres with Phase 1 and the remaining 1.59 acres will be noted on Phase 4 Final Plat. • • 27 • I I • • 27. (Section 18.42.040H) All Subdivisions shall clearly delineate subdivision blocks each containing its own grouping of lot numbers. Response: Has been indicated on the Final Plat. • • • • • C28 • 28. (1 8.42.060.A.1) All easements shall be described, dimensioned and shown on the final plat in their true and correct location. Response: Has been indicated on the Final Plat. • • 29. (18.42.060.B.1a and 18.42.060.C.3) Building setbacks and permanent structures shall be coordinated with all provided utility easements. Utility easement greater than the required building setbacks shall be noted to that effect and placed on the final plat and/or final plan (i.e., Fowler Avenue and Garfield Street) and noted accordingly in the protective covenants. Response: A note has been added to the Final Plat. • • • • • �, �o • 30. (18.42.080.F) Storm water facilities shall not occupy more than one-third of a • required front yard, including, but not limited to frontage along US 191/West Main Street. All subdivision exhibits that reference surface water ponding along the West Main entryway corridor (i.e., drainage basins, storm water runoff facilities, landscape plans, site plans, etc.) shall reflect the same delineation boundary for said pond, for review and approval by the Planning Office prior to final plan and final plan approval. Response: Applicant Agrees. • . I i i - • 31., • 31. A reciprocal access and parking easement shall be provided for all shared accesses and parking facilities. The easement shall state that the drive accesses and parking areas are permitted reciprocal use by all of the lots of the subdivision. Response: A note has been added to the Final Plat. I I i i • i i i I I 32 i • 32. Construction fencing shall be installed along the required stream, setbacks to protect water quality and the adjacent vegetation during construction. Said fencing shall be properly staked and verified by the Planning Office prior to final plat approval of the first phase and prior to proceeding with surface preparation and/or site construction. Response: Applicant Agrees. • I • • I i I I I 33 • 33. The subdivision shall comply with .all approved conditions of the Planned Unit Development and the subdivision shall comply with the approved Master Plan and Development Manual Guideline for the Planned Unit Development. Response: Applicant Agrees. • • • • C '° ! • • 34. The recorded covenants shall indicate that the property owner's association is responsible for the maintenance of the common open space, wetlands; watercourse setback and trails. Noxious weeds shall be controlled as directed by the County Weed Control District and in accordance with the Montana County Noxious Weed Control Act. The property owner's association shall be responsible for the continued control of the weeds and fulfillment of the revegetation plan. Response: Applicant Agrees. • • • • • C ,5 • • 35. That prior to final .plat and final plan approval the applicant shall apply for, and receive approval of, a zone map amendment for the east 21.8 acres from "BP" (Business Park District) to `B-2" (Community Business District) Response: Zone Map Amendment has been submitted and approved by the City Commission. • • • 36 • i • 36. The applicant shall obtain and provide the Planning Office with the applicable access permit(s) from the Montana Department of Transportation for the access onto US 191/West Main Street from Harmon Street Boulevard and Chronicle Drive and shall comply with all requirements of the permit. Response: Access Permits are included under tab 36 of this document Chronicle Drive does not access US 191/West Main. • • Montana Department of TranS,00rtation Jim Lynch, Director serving you with Piidf Brian Schweitzer, Governor • Bozeman Area Office 907 N Rouse Avenue PO Box 11 10 " Bozeman, MT 59771-1110 June 30, 2005 The Bozeman Gateway C/O Greg Stratton, P.E. Moirison Maierle, Inc. P.O. Box 1113 Bozeman, MT 59771 Subject: Driveway Approach Application and Permit Route: P-50 Mileposts 86.79 & 86.96 Fowler Ave. & Harmon Stream Blvd. Attached is an approved copy of your Driveway Approach Applications. Please read the application carefully to ensure the work is done according to the approved plans including any attached special provisions. Before construction, contact Mark Petersen at 556-7400(7:00 AM - 3:30 PM) and advise him of your work schedule. At that time he will give you authorization to proceed with the work and make arrangements for inspection of the completed work. Your • application will not become a permit until the work has been accepted and the permit form signed by the department inspector. You have until July 1, 2006 to complete the work in accordance with the attached plans and specifications. After this date, the application will expire if the approach has not been completed, inspected, and accepted or a time extension granted. If you have any questions, please contact this office. I > � ��. Ross Gammon Bozeman Maintenance Chief RG:RJB c: Sectionman Area File City of Bozeman • An Equal Opportunity Employer Phone: (406)586-9562 Try: (800)335-7592 Far.: (406)586-5202 Web Page: www.mdt.state.mt.us i 1W NITCE 112-A Stock No. 11-26-91 3255-1195 State ol'lllontana-Department of Transportation Bozenjan, Montana 59771.-1110 Driveway Approach Application And Permit ---To be filled in by Department of Transportation Personnel--- F.A .Route No. P—s U Approach Station(s) 217 r 10 .District ZROT No. IVLilepost County Al-L�a--r1nJ Project s`i"f P So -A Drainage As Determined 133, Dept. Of Transportation: Type size Len h Approach Recommended by Date A15&ach Appl cation Date District Traffic Engineer Approved by or Traffic Unit District Engineer Applicant (Proper(y 01vner) Name: Mitchell Development Group, LLC Phone: 406 - 761-4400 Address: P.O. Box 738 Great Falls MT 59403 herein termed the applicant, requests permission to construct approach (es) described and shown on attached plot plan or plan and profile and hereby made a part of this application. Please indicate if permits or approaches are required from units of government other than the.Department of Transportation. Write the number of permits required in the box: ❑ Federal Government ❑ State ❑ County ❑X City ❑ N/A Private: X Public: Use of Properly or Facility: access to Bozeman Gateway commercial complex (Residence,Trailer Court, Gas Station,Field Access,Type of Business, etc.) Location: City or Town: Bozeman, MT (if rural -direction&approx. distance from nearest city or town) Street Name, if any: Hannon Stream Boulevard RoadwaY Or Highway: Sight Distance: Left 1000+ ft Right 1000+ ft Sun-facing: Asphalt Width: 79 ft Approach: Estimated number of trips per clay: 2,000 ADT (approximate) Width: 56 ft [Tare: 50 ft/ 93 ft Side of Roadway: S (N,E,S,MT) Drainage: See above as determined by.Department of Transportation. Instruction Concerning Use Of This norm Applicant will complete and deliver-this form in duplicate to the Disd'ict Engineer serving the area in which the Approach Permit is requested. The District.Engineer, in conjunction with [lie District Traffic Engineer, is delegated authority to approve curb cuts, public and private approaches serving businesses, residence and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas, usually urban situations, the District Engineer and District Traffic Engineer can request the IVlanager, Traffic Unit in Helena for additional technical assistance. If this is necessary, the approach should be scaled onto existing plan and profile sheets showing the highway right of Avay and sent to Helena. I � NITCE 1 12-A Slow;No. 11-26-91 3215-1195 ---Approach Permit--- Subject to[he following terms and conditions,the permit applied for upon the reverse side hereof, is hereb� granted: Terra This permit shall be in full once and effect from the date hereof until revoked as herein provid d. 2. Rental. Rental shall be n A 3. Revocation. This permit may Ve revoked by State upon giving thirty(30)days notice to Permittee by ordinary mail,directed to the address shown in the application Hereto attached,but the Stale reserves Ilse right I revoke this permit without giving said notice in the event Permittee breaks any of the conditions or terms set orth herein. 4. Commencement Of Work. No work shall be commenced until Permittee notifies the District Engine r,shown in application,when he proposes to continence work. 5. Changes in Highway. if the State changes the highway or there are other changes to adjoining sheet',alleys,etc. which necessitate alterations in structures or installations installed under this pennit,Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate agreement. 6. Stale Saved Harmless From Claims. In accepting[his permit the Permiltee,its/his successors or assigns,agree to protect the Stale and save it harmless fiom.all claims,actions or damage of every kind and descriptitn which may accrue to,or be suffered by,any person or persons,corporations or property by reason of the perf rmance of improper occupancy of said highway right of way,and in case any suit or action is brought against the Slate and arising our of,or by reason of,any of the above causes,the Pennittee, its/his successors or assigns,wiyI upon notice to Whim of the commencement of such a action,defend the same at its/his sole cost and expensi and satisfy any judgment.which may be rendered against the State in any such suit or action. 7. Protection Of Traffic. Insofar as the interests of the Stale and the traveling public are concerned,all `work performed under this permit shall be done under the supervision of the District Engineer of the Depart l ent of Transportation and his authorized representatives,and he/they shall indicate barriers to be erected,Ihellighling thereof at night,placing of flagmen and watchmen,manner in which traffic is to be Handled,and shall ppecify to Permillee how road surface is to be replaced if it is disturbed during operations,bill said supervision shall in no way operate to relieve or discharge Permittee from any of the obligations assumed by acceptance of th permil, and especially those set forth under Section 6 thereof, 8. Highway Drainage. If the work done under this pennit interferes in any way wish the drainage of Ihe�Stale Highway effected,Permiltee shall,at its/his own expense,make such provisions as the Stale may dire( to take care of said drainage. 9. Rubbish And Debris. Upon completion of work contemplated under this permit,all rubbish and debt s shall be immediately removed and [he roadway and the roadside Zell in a neat and presentable condition satisfy Icily to the Slate. 10. Work To Be Supervised By Stale. All work contemplated under this permit shall be done under the upervision of and to the satisfaction of the authorized representative of(he State,and the Stale hereby reserves Ill right to order the change of location or removal of any structure or installation authorized by this permit at an) time,said changes or removal to be made at the sole expense of the permillee. 1 1. Stale's Right Not To Be Interfered "'ilh. All such changes,reconstructing or relocation shall be do ie by Permit-tee,in such a manner as will cause[he least interference with any of the State's work,and the State shall in no xvise be liable for any damage to[he Permitlee by reason of any such work by the State, its agents,contractors or representatives,or by the exercise of any rights by the State upon the highways by the installations dr slruclures placed under this permil. 12. Removal Of Installations Or Structures. Unless waived by the Slate,upon lermination of this permi ,the Permit-tee shall rentove the installations or structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the samer under this permit,reasonable and ordinary we and teal- and damage by the elements,or by circumstances over which the Permittee has no control,excepted. 13. Maintenance At Expense Of Permittee. Permittee shall maintain,at its/his sole expense[he installations and structures for which this permit is granted,in a condition satisfactory to the State. 14. Slate Not Liable For Damage To Installations. In accepting this permit the Permittee agrees that ally d mage or injury done to said installations or structures by a contractor working for the State,or by any Slate eml loyee engaged in construction,alleration ,repair,maintenance or improvement of[he Slate I lighway,shall b at the sole expense of the Permillee. 15. Slate To Be Reimbursed For Repairing Roadway. Upon being billed therefore Permillee agrees to I romptly reimburse State for any expense incurred in repairing surface or roadway due to settlement at inslallati n,or for any other damage to roadway as a result of[he work performed under this permit. 16. Other Conditions And/Or Remarks a. All approach side slopes will be constructed on not less(hall 6 to I slope,unless otherwise approve(. b. No private signs or devices etc. will be constructed or installed within the Ilighway Right of Way lit tits. c. This permit is valid only if approach construction is completed within_months from date of issue.I d. Ut)IL.D A,S PEI; P -AJS APPf-O\1FA C17(Ejj Dated at _•2O 2 e {wt,Q��/>�, Alontana,lhis day of� 20 The Undersigned,the"Permittee"mentioned in the foregoing Department 0f T onsporlaftcin instrument,hereby accepts this permit,togelher with all of the term Ifc-conditions set f rill Cher in. By District Engineer Compleled approach inspecte by: Permittee Date One copy of permil to District Engineer for file "title One copy of permit to Applicant • I I I tit) Occupancy Agroelnoltl or P611111l will CO approvai.l brill ALL of Ilia cond)tluits of Ilia Chocldlsl have booll sallsfied. The neettracy of life (nlorrlfolloll Is Ilia Bolo rosponslhlllly of Ilia applicant. ENVIRONMENTAL CI ECKLIST FOR ENCROACHMENTS AUTHORIZED IN RIGI IT OF WAY Pr '1 No.; N/A ID: N/A Dualdtialloll: N/A t-t osed ltlslallatlon Dale: Summer/Fall 2005 Milepost (Sta(lon) 3 17+ 1 3 . 1.8 to Milepost (Slallon) U1111ly1OmorNamo; City of Bozeman Aildross: P .O. Box 1230 ; Bozeman, MT 59771 Type of Proposed Occupancy: access to Bozeman Gateway Commercial Complex IMPACTS ON 711E PHYSICAL LidVII101INW-11T (70 BE COMPLETED BY ANI'1_ICANT) lyall Polellual 1111 cis and hil11palloii Measmes )Use allachmenis If necessUr Resource MillpallmiNeastires for Yes No (lame 1 Ihrouph 5 1. (ides Ilse proposed acllon Ilave an kffpaet on ally cidtural iesoulc07 19001on 100-1111PAI 2. Does the ptollosed action Itava an Impact on waist quality? ' U 9 3 Does Ilse proposed prolecl[lave lrlipacts to wattands7 ' E] 3a• 0.1%0 anawor IQ ntimber 3 Is yes, is a C1liali Water Act ' 404 pe+nill (—t 111011zalioll rol(1111ed? L�J Is (here docum0111e11 culiltovelsy on envkonnlenlal gr0nnds7 11:01 I_ 4. Ins(ance, leas Ilia appllcanl ecalved a jolter or patllton (loin all envlron1110n1ai organlzallon?) tines 1110 proposed prolecl Ilivolvo hazardous wash ello(s17 i• 19upo11und,spIlls,ilodelplolnld 51010(10 larks,Bic.) �J Are Itme ally recorded occurrences,alidfor clltical liatillal for l oderally- actIvlly� n ff f_ �' lnealeed or Endauered species In Ilia vICInI1y of Ilia proposed 1�I tx . cll Is Ilia proposed inslallallun a 110111011 of a prolecl which ulny requlle ulller povenunolslal peilnlls,licenses,ansanlenls,e1c.7 11 Ilia nnswol is _ "yes," ploase descilho In 1lolall file fill) exlonl of 1110 project and any olller IIutn+lls,IIcaIIsaS,0a5o1,1101115,etc•,wjsICII rt+ay ba noc0ssaly for 1110 nllllly to aclpilie. (Ilse alloclimews as iiocossalv.) Does Ilse proposed acllon eellnal�►enlly Impact Ilse lralispollalloll _ tlolwolli In tariffs of Incruased baffle voltnlies, Increased welght or 1_1 �fXl hlciessod delays on slate roadways? !?eon II+O prtiliosod acllon have pelm1peitl Inlpacis on olhar IDitlta of FXI hanspoilallon(fall,liaitsll or all movomwas)? 1 II answer to 2 or 3 Is"yes,"please see Ilia Flve Calogoilus of hlllluallon on page 2 of Ihls form In older to address n1111pallon areasures. • lnW—STD:nWU:20A 3/8/2003—f•ADT Pnvkonmenlal Checklist—Page 1 ;I i � 'I1). Maflnllndo and sl(IIIIIIccttice cif poloiMal Impacts: To be co.piple foil by applicant. ��,�,� � Sr• I Chuddlal prepared by: xc Appllca [ 74IIla ^' Vale Ravlewed far caniplolelteee by: MD4A34e4tIa4-l+oliresti Ut1Iva 1'IIIe Lain Approved by: Envlrolmiental Services Title Dale (witott Items 1, 2, 3, 4, 5, 6 or 7 are chocked "Yes") Trafisporldfloii Planlilnn I TIN Data (when Items B or 9 are checked "Yes") A. The npplicnn( shall Complete 111p clIOCIMs( Indicanntl n "Yoe" or "No" for each ((Bill, exct)pt rtmiber '10 Which itiay re(plllt'0 a tiarra(IVa Ie61101180. [A. Whott ,t "Yes" is Indicated oil ally ►►umber of Items 'I Hiiot►tjh 9, file appllcan( Imist explain the impacts, 1, 11d for Items '1 (hrokig t 5 any appropt tale n►M[Iallott measures that will lie lalceit. Ilse M(acitntenls If recess• Ilse applicant chucks "i o " aml Ilse I�Islrlc:I feels Iliero may he potential Impacts, Ilia Enviromiie ilal C I must lie Iorwardod to ElIVIIOI►Itteltlal Services. C. II ►t "yos" Is chocked 111 Item 6 please provide Inlornialloti nanlln(I II►o pailict►lar speclo(s) and Ilse Italure of Ilia occ►I►rence, I.e. within Ilia project limits and possibly cap.iable of boln(I directly Impacted by the pro jeci; or, In Ilia vlcinlly of the prolocl area only." D. It [Ito apiplicant checks "Yes" (or any one Item, (he occupancy adreomeltl or piermit aloud wills Iho' checkllsl and (Ito applicanl's midila(lon proposal shall be sttbtttitiod to MDT Environmental Services. . E. When the ti►l►Ilcanl chocks a "Yes" Item, the applicant calmot i o attlhorized to procoecl Willi Ibo proposo►I work until Envilonmental Services andlor"rrat►spor(a(lon Plarnlnfi, as appropriate, reviews (Ito infortttntlolt and slUits (Ile checklist. F. Applicant will obtalt► all necessary permits or au(borizatlons from other on(Ifles with Jtnlsdlc(loli prior (o Itoflbinlnil lrstalla(lon of IIIe stllllec( utlllly. The 1=1vo Calo f(ol los of Mill(lallon Under 1110 CEQ 1100111allolts ► Avoldin(i Ilia Impact by not laidnil coilaln action or parls of art acllon ► Mlnhnizin(i Impacts by Ilntillli(i tho de{iron or ina(iuliudo of the action and Its Implamonlalloll ♦ IRocIllyln(I ilia Impact by ropaltlnfl, rolinbllitallnfi, or roatoilitfl Ilia afloclod mivIronn►enl ♦ HoduclnSl or olln►Ir►ailn(I il►o Impacl oval- Ilnie by proso►-vatfolt and mahitonanco dui-Inu flit) life of the action ► Comp►ensnihiil for the Impiticl by replacinu or pirovldIIIJj subs(Itule resources or onvlronmon(s • ):1RW-S I D,nW11:20A 310/2003-fAI)T Emit umttenlal Chackllst-Page 2 NITCE 1 12-A Stock No. II-26-91 3255-1195 State of Aloutana-Department of Transportation Bozeman, Montana 59771-11.10 Driveway Approach Application Aud Permit ---To be filled in by Department of Transportation Personnel--- F.A Route No. P:s-U Approach Station(s) �-?Z),+ o c, District To ,,—sr✓ No. a Milepost R(, .7—! County t,A t_t_A r t 0 Project _7 P P so Drainage As Determined By Dept. Of Transportation: Type size Len t T s T C I7I0 C Approach Reconuuended by Date Appi act pp ation D a4e District Traffic Engineer Approved by or Traffic Unit District Engineer Applicant (Property Owner) Name: City of Bozeman Phone: (406) 582-2280 Address: P.O. Box]230; Bozeman MT 59771 herein termed the applicant, requests permission to construct approach (es) described and shown on attached plot plan or plan and profile and Hereby made a part of(his application. • Please indicate if permits or approaches are required from units of government other than the Department of Transportation. Write the number of permits required in the box: ❑ Federal Government ❑ Stale ❑ County © City ❑ N/A Private: Public: X Use.of Property or Facility: Extension of City Minor Arterial Street System (Residence,Trailer Court,Gas Station, Field Access,Type of Business, etc.) Location: City or Town: Bozeman, NIT (if riiral -direction & approx.distance fi-om nearest city or town) Street Name, if an),: Fowler Road Roadway Or highway: Sight Distance: Left 1000+ ft Right 1000+ ft Surfacing: As shalt Width: 79 ft Approach: Estimated number of trips per day: 5,000 ADT (approximate) Width: 71 ft Flare: 40 ft /64 ft Side of Roadway: S Drainage: See above as determined by Department of Transportation. Instruction Concerning Use Of This Form ,applicant will complete and deliver this form in duplicate to the District Engineer serving the area in which the Approach Permit is requested. The District Engineer, in conjunction with the District Traffic Engineer, is delegated all to approve curb cuts, public and private approaches serving businesses, residence and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. hi congested areas, usually urban situations, the District Engineer and District Traffic Engineer can request (fie Manager, Traffic Unit in Helena for additional technical assistance. if this is necessary,the approach should be scaled onto existing plan and profile sheets showing the highway right of way and sent to Helena. NITCE 112-A Stock No. II-26-91 3255-1195 ---Approach Permit--- • Subject to the following terms and conditions,the permit applied for upon the reverse side hereof,is hereby granted: I. 'fern( This permit shall be in full force and effect from the date hereof until revoked as herein provided. 2. Rental. Rental shall be 3. Revocation. This permit may be revoked by Slate upon giving thirty(30)days notice to Permittee by ordinary mail,directed to the address shown in the application hereto attached,but the State reserves the right to revoke this permit without.giving said notice in the event Pennittee breaks any of the conditions or terms set forth herein. 4'. Commencement Of Work. No work shall be commenced until Pennittee notifies the District Engineer,shown in application,when he proposes to commence work. 5. Changes in highway. If the State changes the highway or there are other changes to adjoining streets,alleys,etc. which necessitate alterations in structures or installations installed under this pennit,Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate agreement. 6. Stale Saved Harmless front Claims. In accepting this pennit the Permittee,its/his successors or assigns,agree to protect the State and save it harniless from all claims,actions or damage of every kind and description which m5y accrue to,or be suffered by,any person or persons,corporations or property by reason of the perforniance of improper occupancy of said highway right of way,and in case any suit or action is brought against the State and arising our of,or by reason of,any of the above causes,the Permittee,its/his successors or assigns,will upon notice to it/him of the commencement of such a action,defend the same at its/his sole cost and expense and satisfy anyjudgment which may be rendered against the State in any such suit or action. 7. Proleclion Of Traflic. Insofar as the interests of the Slate and the traveling public are concerned,all work performed under this permit shall be done under the supervision of the District Engineer of the Department of Transportation and his authorized representatives,and he/they shall indicate barriers to be erected,the lighting thereof at night,placing of flagmen and watchmen,manner in which traffic is to he handled,and shall specify to Permittee how road surface is to be replaced if it is disturbed during operations,but said supervision shall in no way operate to relieve or discharge Permittee from any of the obligations assumed by acceptance of this permit, and especially those set forth under Section 6 thereof. 8. Highway Drainage. If the work done under this permit interferes in any way with'the drainage of the State I lighway effected, Perntillee shall,at its/his own expense,make such provisions as the State tnay direct to take • care of said drainage. 9. Rubbish And Debris. Upon completion of work contemplated under this pennit,all rubbish and debris shall be immediately removed and the roadway and the roadside left in a neat and presentable condition satisfactory to the State. 10. Work To Be Supervised By Stale. All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized representative of the State,and[lie State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this permit at any time,said changes or removal to be made at file sole expense of the pennittee. 11. StatCs Right Not To Be Interfered 1Vith. All such changes,reconstructing or relocation shall be done by Pennit-tee, in such a manner as will cause the least interference with any of the State's work,and the State shall in no wise be liable for any damage to the Permittee by reason of any such work by the State, its agents,contractors or representatives,or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit. 12. Removal Of Installations Or Sn-nctures. Unless waived by the State,upon termination of this permit,the Permit-lee shall remove the installations or structures contemplated by this permit and restore the premises to the condition existing at the lime of entering upon the same under this pennit,reasonable and ordinary wear and tear and damage by the elements,or by circumstances over which the Permittee has no control,excepted. 13. Maintenance At Expense Of Permittee. Permittee shall maintain,at its/his sole expense the installations and structures for which this permit is granted, in a condition satisfactory to the State. 14. State Not Liable For Damage To Installations. In accepting this pennit the Permittee agrees that any damage or injury clone to said installations or structures by a contractor working for the State,or by any State employee engaged in construction,alteration,repair,maintenance or improvement of the Stale I lighway,shall be at the sole expense of the Permittee. 15. State To lie Reimbursed for Repairing Roadway. Upon being billed therefore Permittee agrees to promptly reimburse State for any expense incurred in repairing surface or roadway due to settlement at installation,or for any other damage to roadway as a result of the work performed under this permit. 16. Other Conditions And/Or Remarks a. All approach side slopes will be constructed on not less than 6to I slope,unless otherwise approved. b. No private signs or devices etc. will be constructed or installed within the Highway Right of Way limits. • c. This permit is valid only if approach construction is completed within_months from date of issue. d. 1?01LA A& 46(t ?CA J-C A k01EP 0�71v,- Dated at Montana,this day of 20 The undersigned,the"Permittee"mentioned in the foregoing Department Of Transportation instrument,hereby accepts this permit,together with all of the terms and conditions set forth therein. By District Engineer Completed approach inspected by: r Permittee Date One copy of permit to District Engineer for file Title One copy of permit to Applicant flo 0molrallcy A(Irertmellt or Varlllll will Uo approval brill ALL of Iho condllloils of 1110 chocllllst h avo taeoll sa111111 id. Tha ncetlracy of 1110 1100( alloll Is the solo rospolls11tlllly 911110 applicant. ENVIRONMENTAL CIIECKLIST FOR ENCROWIMENTS AUTHORIZED IN RIGIIT OF WAY r :1 Mo.: `NZA ID: 1\1-/z1 Des11d11allon: NSA prohnsed 111slaUalloll Date: Summer/Fall 2005 Milepost (Slallorl) 309-1-009 . 75 to M)Ioposl (Statlon) I.11111lylownorNanlo: City , of Bozeman Addross: P.O. Box 1230 ; Bozeman, MT 59771 Typo of Proposed Occupancy: Extension of City Alain Arterial Street IMPACTS old TI IE I'IIYSICAL ENVIRONMENT (TO BE COMPLETED BY APPLICANT) (Y/l!(Po10r111al bnpacls end Mllluallon Measures (Use ailachnlenls It Ilecessely) liesource — -- --- Wilpallon Measures for Yes Ile _ halals 111110110115 noes the ptoposed action havo an Impact on ally cullmat iosowce7 �` �l (9ocllon 100-14111,A) I `` )) 2. Does file proposed aclloll have nil.Impact on water tluallly7.' 3 Does the proposer)prolocl hava Impacts to wellands7 '. IA e LAJ ln. Abe anawor to number 3 Is yes, Is a Gran Walor Act ' 4114 110111111 �Ihotlznllon required? Is (here docunl0nled conhavoisy on emlionmenlal 0rounds7 1Fpr I. Inslallco, has Iho oppllcaitl recolvod a loiter or primlon heat all elivhonn+enlal or0an1za110117) Does Ilia proposed project Involve Itazardritis wns(d etle(sl? El �X 13upolluml,spills,undor0roullif slora(le larks, etc.) Are Ihero any recorded occur+onces,andlor cilllcal habitat for rodcially- listed 1lltoalenod or EndanOeted Species Ill the viclnlry of ilia proposed I_I F,XI activity? Is ilia proposod Irtslallallon a palllon of a prolucl which luny ratluho — ulhur 1lovatnawnlol puinina,Ilcuttsos,onsontonls,olc.7 it Iho nriswoi Is "yes," ploaso dasctiho In dulall Ilia [till oxlenl of the project anti any Other ponuils,Ilcons0s,aasenlatits,etc.,whlctl Islay ha noceSsaly(el the ulNiiy to ac(Iuho. 111so alla clime lit s as nocossary.) Does Ilia proposed, action pg!!!!ane!illy lnillact Ilia Iransporlallon nalwolk In farms of hlcroased Irnlflc volinnes, Incleased welullt of � UZ1 Increasod delays on slale roadways'? _` Moos (I10 proposed acllon have petq►p11ef1( Impacts Oil other 101111s of 1 d,Xl hanspoilation(rall,hanslt.or air movoniellls)? LJ Ir answer to 2 at 3 Is "yes,"ploaso see Ilia Five Calogoiles of MIHOallon on pans 2 of this loan In older to address 111111pallon treasures.. :111W—STD:IIW0:20A 316/2003—MOT Elwlia1 menlal Checkllet—Page 1 -10. MRUIIIlude and slgnlflcanco df l otonllal Impacts: To ho completed.by applicant. Chockllsl prepared hy: _ Appl nl llli�— Dale Reviewed for compleleness l,y: MH{=fllattl�t-tia1iFefa n t a I I v a Title Date Approved by: Envlronnl dill ai Services Title Dale (when Items 1, 2, 3, A, 5, 6 or 7 are checked "Yes") Transporldllon Planning I Title Data (when Items 8 or 9 are checked "Yes") 'r A. Tho appllcanl shall Corllplolo lip CIIOCIOIet I1WIC01lnl1 a "Yes" or "No" for each Ilene, oxcopl numhOr 10 Welch may re(pilro a narraflve toaponso. B. Whon a "Yes" Is Imdlcalod on any mi mber of Items I Ihroii& 9,Ilia applicant imisl explain the Impacts, an I for Ilomis 'I 1hrotielh 5 any approprlale miligallon measures that will he takeii. Uso allaclmmenls If necessib" Ilia appllcanl checks "No," and Ilia District tools there may he polemtial Impacts, Ilia Environmental C111 imtisl ho forwarded to Envlronlmenlal Services. C. 11 .1 "yas" Is cher.lcecl In Iloni fi please provido I►formallom naming Ilia liartictilar speclo(s) and Ilia riahlro of Iho occurrence, 1.0. within the proJecl limps and possibly capable of bolml dlreclly Impacted by Ilia proJacl; or, In Iho vicinity of 1110 proJact area only." D. If the aplllcanl checks "Yos" for any one Item, llto occtilmicy agreomenl or permit along Willi Ilia checklist and II0 applicant's n1111gallon proposal shall ba stll.imuied to MDT Envl-onnienlal Services. E. Whe1i Ilia applicant checks a "Yes" Ilo1m, Ilia appllcanl caiimol bo atilhoilzed to procood with Ilia proposed work Until Envlon►1lenlal Set-VICeS andlorTraiisporlallon Plarmiing, as appropi Into, reviews Ilia Informallon and signs Ilia checilllsl. F. Applicant will obtain all necessary p0rnlils or a1.1111orizallons from 011101- entitles will Jtn-Isdiclloll prior to beginning Inslallallon of the subJect tillllly. The Flvo Cetollorlos of Mltlgallon Under [lie CEq Regulallons 1 Avoldlntl Ilia Impact by not laklnll coi lahi acllon or parts of an acilorn r MI11n11zing Impacts by Uniting file degree or magnitude of Ilia action and Its Implemenlalion • Roclllyhill the Impact by ropalrinll, rohahllllalhi0, or rostorinij Ilia affected onvirmimont Reclmcing or olliminallnl) lba Impact over time by preservation and imalitenance clril-lou 1110 Ilia of Ilia acllon 1 Cormporlsallrlg for Ilia Impact by replacing or prdvldlnll smhslltule resorircos or enviror1r11anls • 3/6/2003—F:IDT Environmental Checkllel—Page 2 • 37. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the znalyzed intersections must be installed with the project. Response: Condition number 37 has been completed. Approval letters are located under tab number 19 and 37 of this document. I • • i • Page 1. of 1 MAchell Develo� meet from: "Martin, Dan"<dmartin a@state.mt.us> To; "Ebert, Jeff'<jebert@state.mt.us>;"'Debbie Arkell"'<darkell OZENfAN.NET>; <mitc6ll_dev c�Qi svfast.net> Cc: "Skinner, Jim"<jskinner.@state.mt.us>; "Martin, Dan" <dmartin@state.mt.us> Sent Thursday,July 01,20D4 1:19 PM Much: MDT BOZEMAN MITCHELL DEVELOPMENT 6-17-04.DOC Subject: DRAFT MOU MDT/CITY OF BOZEMAN/MITCHELL DEVELOPMENT GROUP forthe proposed Bozeman Gateway Development Jeff, Debbie and John, Attached is a first.draft of an MOU between the MDT, City of Bozeman and the Mitchell Development folks for the proposed Bozeman Gateway Development. Please consider this MOU a starting point and we can each revise as., necessary so it will work for everyone. Proposed changes can be'sent anytime. Thanks Dan.Martin <<MDT BOZEMAN MITCHELL DEVELOPMENT 6-17-04.DOC» 7/2/2004 Montana Department of Transportation David A. Galt,Direcior 2701 Prospect Avenue Judy Martz,Goveina.. PO Box 201001 Helena MT 59620-1001 July 1, 2004 Jeff Key, P.E. Robert Peccia and Associates 825 Custer Avenue Helena, Montana 59601 Subject:Huffine Laae/Fowler Traffic Signal 'Warrant Study -.Bozeman Attached is a copy of the Montana Department of Transportation's.TraEfic Safety Engineer's concurrence with the proposed tra£ic.signal conitolat the intersection of.HufSne Lane and Fowler Avenue in Bozeman. If you have any questions lease contact me at 4066 444-6303. Y P C ) 10 Dan Marti�n, Planner Program & Policy Analysis Bureau Rai]., Transit and Planning Division copies, Jeff Ebert, P.E., Butte District Administrator Sandra Straehl, Rail, Transit and Planning Division Administrator. Danielle Bolan, P.E.,Traffic Engineer Ross Gammon, Maintenance Chief, MDT Bozeman Area John Davidson, Mitchell Development Group L-LC Program&Policy Analysis Bureau An Equal Opportunld Employes Rail,Trarsit and Planning Division Phone: (406)444-3423 77Y. (800)336-7592 Fax: (400)444-7671 Web Apge: www.mdt:sfate.mf.us MASTER FILE COPY Montana Department of Transportation .W.,WW••M Po Box 20.1001 Helen, MT 59620-1001 RECEIVED Memorandum JUN To: Duane E. Williams, P.E. TRANSPORTATION PLANNING Traffic Safety Engineer From: ��Danielle C. Bolan,P.E. Traffic Engineer Date: June 24, 2004 Subject: Traffic Signal Warrant Study Mitchell Development Huffine Lane (P-SO) &Fowler Avenue -Bozeman A warrant study for traffic signal control has been completed as a result of anticipated • increases in.traffic volume at the intersection of Huffine Lane and Fowler Avenue due to anticipated development west of Bozeman in Gallatin County..As part of the Sys:ems Impact Analysis Process (SIAP), we required the developer. to submit a traffic signal warrant.study. The warrant study has determined that the site is warranted and justified for installation of traffic signal control at this location. Data used in this study includes current'traffic volurnes(2003), and the capacity of the intersection. According to the Manual on Uniform Traffic Control Devices-Millennium Edition (MUTCD), at.an intersection such as this, traffic signal control may be considered if any of the.eight traffic signal warrants is satisfied. The following is a summary of the . consultants'report. Based on.the information in the traffic signal warrant analysis report, Warrant.3 (Peak- Hour) is satisfied for two hours without the additional site generated traffic. The fulfillment-of the minimum requirement qualifies this intersection for consideration.of traffic signal control. It is the City of Bozeman's desire to connect Garfield from South 19`h Avenue to Fowler Avenue. With the anticipated increased traffic at Fowler due to this connection, it is our opinion.that this intersection will satisfy the traffic signal warrants beyond the minimum Peak Hour Warrant as described above, and the need for traffic signal control will be fully -justified at this location. A capacity analysis for a two-way stop control was completed. The analysis indicates that the existing southbound leg of Fowler Avenue operates at a LOS "F" with significant delay. in both the AM and PM peak hours. Furthermore capacity analysis with two-way stop.control indicates that at full build-out (2007)the Fowler Avenue northbound and southbound approaches will both operate at a LOS "F" for both AM and PM peak hours. The consultant's capacity analysis for this intersection'with traffic signal control woul& -operate at a LOS "B" in both the AM and PM peak hours. The intersection was analyzed as a four phase fully actuated traffic signal control.. however vcre recommend.t �t t -..,.intersection be o crated-with two ha,e.serninactuated " ..,..,...,i, ;�� P P - :.control;v�ith ozie phase for the'efili"est niovements'and one-pha:se-fozah.e north.-south :" oyenants;`.3Jetector loops should be placed on the side street (riarth-south approaches). Attached is a copy of the consultant's warrant study. Based.on our review of the consultant's analysis, the intersection.of Huffine Lane (P-50) and Fowler Avenue is a good candidate for the installation of traffic signal control..We recommend the installation of a semi-actuated traffic signal control. • I Concur Date (% Duane E. Williams,P.E. Traffic Safety Engineer DCB:SB:TRAF SIG WARRANT MEMO cc: w/o attachment J. Ebert-Butte D. A. A. Levens - Traffic S. Brelin—Traffic Skinner-Planning /17��S f i:�-- 4�'zs c./a/1�' �.�s fry c�/ �c%►ir,�/I� File • • • • • - � 38 : 38. A minimum 5-foot wide boulevard sidewalk with a 5 '/2 foot wide boulevard • shall be constructed along the north side of Garfield Street with a right-of-way of adequate width to be one (1) on the inside edge of the boulevard sidewalk and noted accordingly on the final plat. A typical right-of-way illustrating the boulevard sidewalk in relationship to the right-of-way shall be submitted with the final plat application for review by the Planning Office. Response: A 34 foot right-of-way is being dedicated for the north portion of Garfield Street to accommodate this condition. A copy of the typical section for Garfield Street is located under tab 38 of this document. • SOUTHERN 14.5' OF STREET SECTION WILL NOT BE CONSTRUCTED ON MSU PROPERTY. o NORTH I SOUTH 3 o✓ 0 66.5' ROW 45' 5' 10 TBC — TBC 10 5' 1 5' C.O.B. 5.5' BIKE DRIVING 1 12' DOUBLE _1,—DRIVING BIKE 4' C.O.B. 1 STD. SDW BLVD LANE LEFT TURN LANE LANE BLVD STD. SDW MPX 3 C.O.B. STD. C.O.B. STD.CURB AND 2' BREAK CURB AND 2 2.00� GUTTER 3.00% POINT 3�7- GUTTER 2.00% ' g 1 3' TYP - 12" OF 1.5"— . MINUS BASECOURSE 2" LIFT ASPHALT 2" LIFT ASPHALT TOPSOIL AND OVERBURDEN MATERIALS SHALL BE REMOVED TO NATIVE GRAVEL MATERIAL BELOW FINISHED CENTERLINE GRADE TO SUBGRADE. PIT RUN THICKNESS SHALL BE FROM EXISTING GRAVEL MATERIAL TO TOP OF SUB—BASE GRAVEL. THE MINIMUM PIT RUN THICKNESS SHALL BE 15 INCHES. MORRISON Bozeman Gateway NIAIERLE _ Garfield Street N 9m 1110.901 I.M*v MA e—N.IMI•�(1.)Y7-.1 T-(.)11/_II76 Cross Section CLIENT:MITCHELL DEVELOPMENT CO. FIELD WORK! DATE:5/12/05 PLOTTED DATE: May/15/2006 — 04:12:41 pm DRAWN BY: SMR SCALE:1"=300' DRAWING NAME: M:\3638\003\ACAD\E%NIBITS—PPtot\GARFlELD SECT10N.dwg CHECKED BY-GJS PROJ :3638.003 1 SHEET OF 1 PLOTTED er:nno en �� t .• I } " 39 � - r 0 • 39. That the applicant submit with the application for Final Plat review and approval of The Bozeman Gateway Subdivision P.U.D., a written narrative stating how each of the conditions of Preliminary Plat approval and code provisions outlined in the staff report have been met or satisfactorily addressed. Response: This document fulfills this condition. • Memorandum COA7WJ 1VT"L Date: August 22, 2006 To: Andrew Epple—City of Bozeman Planning Director David Skelton—Senior Planner From: Mitchell Development Group, LLC—Ted Mitchell Subject: Residential Implementation Plan—Bozeman Gateway Subdivision P.U.D. Southeast Comer Huffine& Fowler Avenue—Bozeman, MT. CC: Chris Kukulski, City Manager The Bozeman Gateway Subdivision P.U.D. encompasses a 72.2 acre parcel at the above location all of which is zoned B-2 Community Business District. The Bozeman Zoning Code states that"the intent of the B-2 district is to provide for a broad range of retail and service functions oriented to major arterial streets". Additionally, this particular zoning district allows for the incorporation of a residential element. Accordingly, we are pleased to present the residential component herewith and excited about the possible opportunity to include residential units into the project. The conceptual residential component for the Gateway project would be comprised of two (2) separate elements within the core of the development as illustrated on the enclosed plans, aerials and elevations. They are as follows: 1.) Apartment and/or condominiums above the first floor of the "Life Style" Center adjacent the southern edge of Technology Boulevard. 2.) Two (2) multi-storied residential structures situated along the northern perimeter of Garfield Street. The apartment and/or condominium units within the Life Style portion of the project would conceivably be made up of a second (2nd) story (or possibly a 3rd) above the first floor retail uses. Mitchell Development Group, LLC (MDG) estimates that there would 1 total 25—30 units per floor ranging from 750— 850 square feet. Of importance is that the apartments or condos would be contingent upon the construction and occupancy of the retail portion of the Life Style Center. The illustration enclosed is similar to a rendering we previously displayed. We have always desired to include residences above the Life Style Center. The original version has been modified by adding balconies. Regarding the two (2) multi-storied residential facilities, enclosed are conceptual drawings of a potential site configuration, building elevations and unit floor plans along with a decked parking structure. Each facility would offer 1st floor covered parking along with six (6) additional floors with approximately 72 residential units ranging from 1,000 to 3,380 square feet. Construction timing is obviously contingent upon market demand, among other things. We ask that you retain this information on file in confidence due to its conceptual nature. This submittal satisfies the requirement of disputed condition#39 from the December 12, 2005 Bozeman City Commission meeting concerning the Conditional Use Permit for the Bozeman Gateway Subdivision Preliminary P.U.D. Plan. Said condition reads as follows: "That the applicant submit an implementation plan for a residential component of seventy (70) or more residential dwelling units with a substantial number of dwelling units located in the core of the development prior to review and approval of Phase 2." As noted above, MDG disputes the content of condition #39 as set out in our formal written response to the Bozeman Gateway Subdivision P.U.D. zoning conditions. The actual Bozeman City Commission motion eliminated any project phasing restriction issue and instead addressed a height relaxation request. With this submittal MDG does in no way withdraw its dispute of condition#39. Thank you for your attention to this matter. 2 ,. _ •.['r ifs .. �, f '�`'('�{�� i s t ` f; IlSTU _ yy— `i `r � Qf IF J• � W 00 a1r 'ti.w r W rw i(.' 1 4--�---� . .I! � �� III W a � f- _ ♦ 6 � � � I NO em 00 Al104 a 71 t1 •, � W 1 111i � t , g l6�-g ill' � a�'`�tK'' .. r {� ��•ar�,•. {r r l: � �, � ,fir ,� �, � � a•�- �� , 9 Ali3OP u UJ 0 I AK kliw 5111 1 Able • ilia � 04 r , AM' 1 71: AM% fAT a W y i'�ii: � Q �j• N � co mi d II 1- 01, a. i Ik _ . � f t �. uj CE Li LU 11�711i'flli'lII� 0 " AKr•L w 11 1I r� s 10 M.. Y Oil y � 1 !� vi toco LLJ LU ■ .1� �'� ��; >S /ice• Of � � 1) _.1 .NN . `{ ,i � 1 �1- ,a -_ '1r '+� � 1 ,•+may , u.djia- 1' -45 fill LU Mi Opt vy- FD Afl !. / "ego fr ' ,. Wit'' `�� .,,:'I is��_ �" .�,�'�: �- � •: . NN IL 90 r lr v -- I _ . ;` ~+�' - � ! I�,� ��=-'ram � �• ,'�jL so to th �' �' :tee�•, �'•1 � '�' �� ti h _ *•• !Jl� P ,1L ems ' 1 i JCL ..t.: r�{ aLl 72 z3 r « r7 0 � to It Z'L s tZ 7 ti to a z *Wf 7 s r 1 IIIT I.O..-J&- 1 Z-c > CA-5 Pc I�z f9e< x X , E� 116 '24 lip d 1 1 00, �7 r �i fr 1 �r s 'S V, r+ YIN ka L— . �fq# g � 3 �E S• t Off-" 8 io�„� �r Ob9 � , st i s i �` �' s� � 'r"' �' ram► '�► 4V .r t� � a ow d. . ...._........_..-----.._......... __� 1.M a tch rl, ell Development Croup commercial real estate development May 23,2007 Dave Skelton,Senior Planner City of Bozeman 20 East Olive Street P.O.Box 1.230 Bozeman,MT 59771 Re:Development Manual—The Bozeman Gateway Bozeman,Montana Dear Dave: Since approval by the Design Review Board and the Bozeman Director of Planning on May 19, 2006, we have relied on the Development Manual. to guide both tenants and owners at the Bozeman Gateway in meeting required City and Developer design.standards.Our dilemma is that the Unified Development Ordinance (UDO) has been amended, which. has created some contradictions between it and the.Development Manual. Rather than make numerous specific text changes in the body of the Development Manual, we shall add the.following language to Page One: The Development Manual for the Bozeman Gateway shall be utilized as a general guideline for building, landscape and site design. In the event of any conflict between the Development Manual and the City of Bozeman Unified Development Ordinance(UDO), the UDO shall govern. Unless we hear otherwise from you, the above addition to the Development Manual shaJJ be incorporated by the end of May,2007. Thank.you for your consideration. Sincerely, Mitchell Development Group,LLC 4— Ted J.Mitchell Operating Manager cc:.lohn Davison Jim Ullman Mitchell Development Group, LLC-P.O. Box 738, Great Falls, MT 59403 (406) 761-4400 DESIGN REVIEW BOARD WEDNESDAY,FEBRUARY 8,2006 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Dawn Smith called the meeting to order at 5:32 p.m. and directed the secretary to record the attendance. Members Present Staff Present Bill Rea David Skelton, Senior Planner Elissa Zavora Susan Kozub, Associate Planner Dawn Smith Jami Morris, Associate Planner Scott Hedglin Tara Hastie, Recording Secretary Michael Pentecost Brian Krueger Mel Howe Christopher Livingston Steve Kirchhoff Visitors Present Ron Fiscus Ted Mitchell Jim Ullman John Davidson Allison Adams ITEM 2. MINUTES OF JANUARY 25, 2005 Chairperson Dawn Smith called for corrections or additions to the minutes of January 25, 2006. MOTION: Mr. Hedglin moved, Mr. Rea seconded, to approve the minutes as presented. The motion carried 7-0. ITEM 3. DISCUSSION ITEM A. * Planning Staff liaison to the DRB—Susan Kozub. Chairperson Smith stated Mr. Hedglin had only agreed to be Co-Vice Chairperson and asked him if he would be willing to be Vice Chairperson as Mr. Carpenter had resigned from the DRB to be a member of the City Planning Board. Mr. Hedglin agreed to be Vice Chairperson if a Co-Vice Chairperson would be elected at a future meeting. Chairperson Smith asked Liaison Kozub to explain the checklist for submittal materials. Liaison Kozub explained the Site Plan checklist and requested the DRB make suggestions to ensure the submittal of complete applications. Mr. Rea asked if any projects had been reviewed by the DRB that were not sufficient but had been submitted with the checklist completed. Liaison Kozub cited the Gallatin Center, Lot 12 application that had needed to be reviewed twice. Chairperson Smith asked for topics for Liaison Kozub to look in to for the City of Bozeman Design Review Board Minutes—February 8,2006 1 board. Mr. Rea suggested Staff figure out a strategy to make the DRB the "bad guys" as far as the conditioning of projects. Liaison Kozub responded Staff was always looking for ways to make the DRB appear as the bad guys (jokingly, of course). Mr. Pentecost stated it was difficult for him to make architectural recommendations without color renderings for materials and elevations. Mr. Krueger stated the checklist already required the submittal of tkiose materials and added that a Staff Report often held references to revisions that the Board did not see as they had received the original submittal in packets. Liaison Kozub responded the initially submitted materials were given to Boards and Commissions and the applicant would need to be made aware that the late revisions would not be seen by those entities. Chairperson Smith stated she would like to see more Informal applications to help reduce the number of pending issues brought up at the time of the formal review. Liaison Kozub stated a possibility would be Staff recommending DRB review to the applicants on Informal Applications. Liaison Kozub added that the by-laws would need to be updated at a later date. She stated the format of the meetings might need to be reworked and recommended the board members attend Planning Board, Zoning Commission, or City Commission meetings to see the method by which they are run. ITEM 4. CONSENT ITEM A. Rib Crib CUP/COA #Z-05295 (Morris) 1921 West Oak Street * A Conditional Use Permit with a Certificate of Appropriateness to allow the construction of a restaurant with on-premise sale and consumption of alcohol within Stoneridge Square PUD. MOTION: Mr. Hedglin moved to remove the item from the consent agenda. The motion died. The project was approved as presented. ITEM 5. PROJECT REVIEW A. Bozeman Gateway PUD Prel. Plan #Z-05217 (Skelton) Southwest of the intersection of College Street and Huffine Lane * A Planned Unit Development Preliminary Plan Application to allow a 72.2 acre, mixed-use development with BP (Business Park District) and B-2 (Community Business District) zoning designations. Ted Mitchell, Jim Ullman, and John Davidson joined the DRB. Senior Planner David Skelton presented the Staff Report noting the project had received Preliminary Plat approval. He stated the anchor tenant (supermarket)would be reviewed by the DRB. He stated the issues that would need to be addressed would be highlighted at this meeting. He stated the development guidelines document was good as a whole, but there would need to be more detail on the proposed information centers and the transit stops. He stated the review would become more involved during individual Site Plan review and suggested more detail to see how those areas would actually function. He stated the development manual was not a substitute for a Final Site Plan or Final PUD Plan. He stated the proposed residential component was not part of the development manual and would need to be addressed. City of Bozeman Design Review Board Minutes—February 8,2006 2 Mr. Hedglin stated there were a lot more illustrations in the development manual,but he did not see trash enclosure or screening illustrations and asked if the development manual would need to include those things. Mr. Ullman stated the illustrations were in there and directed the DRB to the correct page. Mr. Krueger stated he was unclear on how this development manual and the Design Objectives Plan would work together, or not. Planner Skelton responded the development manual would be the hierarchy of the Design Objectives Plan with both documents working in conjunction and giving more specific detail for the property as a whole. Mr. Krueger stated that on page 94 there were two edits that called out the Design Objectives Plan requirements and he was uncertain whether or not the development manual would be specific enough. Planner Skelton responded there would have to be a formal application submitted to modify any of the development manual guidelines. Mr. Krueger suggested clarifying the wording to include illustration of 25% vertical change in grade. Planner Skelton responded the wording could be modified to complete the sentence instead of referring to the Design Objectives Plan. Mr. Hedglin asked if Mr.Krueger's concern was that the development guidelines would negate the Design Objectives Plan. Mr. Krueger responded that his concern was primarily that the Design Objectives Plan was subject to change. Chairperson Smith asked if the responses given to the DRB were Planner Skelton's responses. Planner Skelton responded they were not his responses and he had done an individual review on how the conditions of approval had been met. He'stated the demands for the development manuals had been increased. Mr. Ullman stated that on page 2 of Planner Skelton's Staff Report the discussion about the 3:1 slope and 4:1 slope would be a concern as there were instances when an elevation would cross several contour lines and a 3:1 slope would work better. He stated a 4:1 slope would-be fine around watercourses and the applicant would add language to the development guidelines to reflect those slope figures. Mr. Ullman stated there was a super-elevation along Fowler Avenue's slope which pushed the elevation to such a degree that a 4:1 slope would be very difficult and added that the 25% slope could be maintained in the open spaces. Mr. Mitchell added that 95% of the site would have a 4:1 slope. Mr. Ullman stated the drive-through facilities had not been planned along Fowler Avenue and Garfield Street. Planner Skelton responded he was thinking of drive-up windows (pharmacy) when he wrote the condition. Mr. Ullman stated it should not apply as Garfield Street had been designated a local street. Mr. Mitchell added that the U.D.O. contained no information prohibiting a drive-through along Garfield Street. Planner Skelton responded that Garfield Street appeared to be more of a defunct collector street due to its proximity to the college and some of the arterial streets. Chairperson Smith asked if drive- throughs for restaurants needed to be located at an intersection. Planner Skelton responded it would depend on the design of the site. Mr. Mitchell stated he would prefer not to have more restrictions placed on the project if the requirements of the U.D.O. had been met. Planner Skelton responded the spirit of the condition was to prevent franchise architecture of the drive- throughs. Mr. Ullman added that the design of the drive-through would be reviewed at individual Site Plan review. Planner Skelton stated that any applicant could request modification to the development guidelines to include a drive-through. Mr. Mitchell stated the mention of sidewalks in the Staff Report was primarily for those along the perimeter and they would be wider than normal sidewalks. Planner Skelton pointed out a City of Bozeman Design Review Board Minutes-February 8,2006 3 section of sidewalk incorrectly depicted on the site plan. Mr. Ullman responded the correction would be made, the sidewalk would be as required, and the section had mistakenly been missed. Mr. Mitchell stated the complete removal of snow from the site would be difficult and could be dealt with by providing on-site storage areas. Planner Skelton responded the snow removal could be dealt with on a tenant to tenant basis. Mr. Ullman stated the site lighting requirements along trail corridors on the interior of the development had been met. Planner Skelton stated that the off-street parking would not require lighting and added it might not be an issue. Mr. Mitchell responded there would be lights peppered throughout the open space corridor and there would be parking lot lights. Ms. Zavora asked if the lights would be on both sides of the open space corridor. Mr. Mitchell responded there would be. Mr. Ullman stated the height of the lighting fixtures was allowed to be 25 feet according to the U.D.O. and asked if Bridger Peaks had taller lights. Planner Skelton stated the Gallatin Valley Mall and Wa1Mart were the only ones with taller lights. Ms. Zavora asked why they would need taller light poles. Mr. Mitchell responded the illumination area would increase with the height and fewer poles could be used to cover the same area. Planner Skelton asked which lights would be used in the parking lot. Mr. Mitchell responded he would prefer to follow the letter of the U.D.O. and would use the shorter light poles and required fixtures. Mr. Mitchell asked how tall the pylon sign could be. Planner Skelton responded it could be five feet tall. Mr. Mitchell stated the condition regarding pylon and monument signage had been addressed as the applicant would require a common signage plan. Mr. Ullman stated he saw'no difference between what they were proposing and some of Bozeman's existing signage. Planner Skelton responded the sign in question appeared to be a monument sign. Mr. Rea asked if a certain sign would be counted as one sign or two. Planner Skelton responded the sign in question would be considered two separate signs and added that only one pylon sign would be permitted along each street frontage. Mr. Mitchell stated the tenants and the Board would like whatever sign design he came up with and suggested he would bring a sketch to illustrate the design. Mr. Howe suggested a person depicted on the sign sketch to demonstrate scaling. Mr. Mitchell stated he wanted three signs along Huffine Lane and three signs along Garfield Street. Planner Skelton responded monument signs could be used in those locations. Mr. Mitchell stated there would be smaller monument signs that would be directional. Mr. Rea asked for clarification of the sizes of the signs. Mr. Ullman stated the landscaper had discussed the landscape plan with Planner Skelton. Planner Skelton responded the landscaper would provide typical details of a smaller scale and added that typical details of the landscaping at the front of the development would need to be provided as well. Mr. Ullman stated the building height of up to 65 feet could be higher if there was a residential component to the development. Planner Skelton responded the conditions included nothing taller than 65 feet at this point and the development guidelines could be modified at such a time as a residential component entered the proposal. Mr. Mitchell asked the definition of a fagade with relation to no more than 25% of the fagade being a synthetic material. Mr. Pentecost responded the fagade was each outside wall of the structure as a whole. Planner Skelton stated the cultured stone detail seemed to meet the requirement. Mr. Mitchell stated the Hilton Garden Inn had been granted close to 65% synthetic material and he wanted his proposal treated in the same manner. Planner Skelton responded the City of Bozeman Design Review Board Minutes-February 8,2006 4 granted relaxations provided a need for the applicant to make allowances for a better looking development. He added that the 25% figure referred to the fronts of buildings and suggested articulation could be integrated. Planner Skelton stated neon lighting was becoming an issue in the city of Bozeman causing contention regarding whether or not it is being used properly as an architectural feature. He stated he had discussed with Staff the possibility of neon lighting and its use had been recommended against. Mr. Mitchell stated he would prefer to stay in conformance with the U.D.O. as opposed to seeking a relaxation from the code and suggested a tenant could individually request neon lighting at Site Plan review. Chairperson Smith asked if the requested signage and light heights would require the applicant to request a relaxation from the U.D.O. Planner Skelton responded they would. Mr. Mitchell responded there were no formal requests for relaxations at this time. Mr. Pentecost asked Mr. Mitchell to address the drive-through issues with regard to why he would want to have drive-throughs located where Staff would not be supportive of them. Mr. Mitchell responded he was not proposing drive-throughs along Fowler Avenue and College Street,but had only intended the project not be unnecessarily conditioned. Mr. Pentecost asked if it would place an undue burden on the designer of the drive-through to find a method by which it could be placed along the rear of the structure. Mr. Mitchell responded that some of the locations could pose difficulties to the designer of the drive-through. Mr. Pentecost stated that less than 25% of the fagade could be E.F.I.S. and suggested cultured stone could be used. Mr. Mitchell responded he thought of synthetic material as E.F.I.S. and a stone-type project would become too bulky near the top of the structure..Mr. Pentecost asked for clarification between metal with a patina being allowable and corrugated metal being disallowed in the development manual. Mr. Mitchell responded that he did not want to see corrugated siding. Mr. Pentecost suggested clarification of the development guidelines to specify the locations of use for the corrugated siding and the patina metal. Mr. Pentecost asked Mr. Mitchell to discuss the residential component of the development. Mr. Mitchell stated the cinema would be relocated and there was a possibility of incorporating a single-level parking structure with storefronts. He stated there would be two residential towers and a common lobby area and added that the residential might spill over into the second level of the main shopping area if there was a market for it. Mr. Rea asked what Mr. Mitchell considered his primary entrance. Mr. Mitchell responded there would be a couple primary entrances,but the main one would be along Huffine Lane near the open space corridor. Mr. Rea asked Mr. Mitchell which side of a structure would be considered the"front" of the building. Mr. Mitchell illustrated the fronts of the structures on the color rendering. Mr. Rea asked if there was a typo in the development manual on page 99 that stated "ten gauge"corrugated metal. Mr. Mitchell responded he would look into it. Mr. Howe asked if the walkways would be on a 25% slope. Planner Skelton responded the silt fences would prevent a lot of the grading. Mr. Mitchell responded there would be a 4:1 (25%) slope for the walkways. Mr. Howe asked why it was an issue to place a transit stop at the end of the roadway. Planner Skelton responded the intensity of the intersection was difficult to gauge so he had left the condition open to accommodate the traffic flow and signalization; he added there may need to be a pullout or something in proximity of the boulevard. Mr. Howe stated the City of Bozeman Design Review Board Minutes—February 8,2006 5 snow storage areas were generally delineated on submittals and wondered what the applicant would do to resolve that issue; he suggested the applicant bring a plan depicting the locations of snow storage areas. Mr. Howe asked the difference between a pylon sign and a monument sign. Planner Skelton explained. Mr. Howe asked where the residential structures would be located. Mr. Mitchell illustrated those locations on the color rendering and reiterated that the location of the residential component had not been firmly decided at this time. Mr. Howe stated that virtually every material on structures nowadays was a synthetic material and suggested being specific that the use of Stucco or E.F.I.S. would be acceptable. He stated the proposed residential towers would be placing the plaza area in perpetual shade. Mr. Krueger asked if retaining walls and terracing could resolve some of the grading issues on the site. Mr. Ullman responded those options had been considered,but would not work in most areas due to the upkeep of the landscaped areas. Planner Skelton stated he was concerned with the grade slope more than anything and the 25% slope would put the tenants into a position to �. entertain retaining walls or terraces if they could achieve them. Ms. Zavora asked what the signage would represent. Mr. Mitchell responded the signs would primarily depict the development and secondarily depict the major tenants within the development. Chairperson Smith asked where on his site he would consider the end of the Entryway Overlay District. .Mr. Mitchell responded roughly-150 to 200 feet from the curb of Huffine Lane. Planner Skelton responded the entire project was in the Entryway. Mr. Howe stated the quirement was in the U.D.O. Chairperson Smith stated it was a trick question. Planner Skelton stated they wou d need four things: a common signage plan; the Stucco, E.F.I.S.,Drivit, and no specific Mr. Hedglin stated he agreed with the use of retaining walls or terraces, he agreed with the 4:1 slope, he was mixed on the snow removal situation due to heavy equipment movement for n�1 removal, he thought the pedestrian lighting should maintain an acceptable foot candle level with parking lot lighting bleeding off,he agreed with the comprehensive signage plan, and he stated a synthetic stone above the pedestrian level would be acceptable with a natural or high quality synthetic stone at pedestrian level. ck o Mr. Rea stated he agreed regarding the comprehensive signage plan, he would be supportive of the rendering on page 51 depicting duel architectural features but would not be comfortable having nine of those signs scattered along Huffine Lane and College Street, he thought the building materials issue could be as simple as on page 99 striking the phrase"everything after 25%" as the fronts and rears of structures were hard to define at times and suggested the wording "Stucco or E.F.I.S."instead, he would be supportive of the corrugated metal and supportive of changing the wording so as not to exclude siding materials like wood and copper that would fade with age and sunlight, he appreciated the aesthetics of the lighting proposed but was supportive of dark sky compliance, and added that there was not a higher standard being held to the project but he hoped there would be a higher standard achieved. Mr. Pentecost stated he commended the applicant on the arrangement of the proposal, he supported the common signage plan but thought one sign would be sufficient to direct people to the development, he was torn on the Stucco/E.F.I.S. issue as it was used all over the world and City of Bozeman Design Review Board Minutes-February 8,2006 6 • 0 he would not suggest using Drivit, the transit stop was in its planning stage and he thought that seven generations from now there could be a lot of public transportation and was supportive of planning the transit stops for the future, he agreed with Mr. Rea regarding the use of corrugated metal as it was a real material (steel) and cheap, he agreed with allowing the use of wood, and he stated the requested relaxations for the development of the PUD demanded offsets in the form of a higher level design requirement. Mr. Krueger stated he had asked which components of the PUD were offsetting the requested relaxations, or benefits above and beyond, but he had never lost sight of the many requested relaxations and flexibility due to the community, he was generally supportive of Planner Skelton's comments in the Staff Report, he would encourage retaining walls and terraces, he was not supportive of drive-throughs fronting on Garfield Street or Fowler Avenue, he liked the location of the transit stop but thought it may need to be enlarged, he supported a signage plan and encouraged one high quality sign on Huffine Lane instead of nine smaller signs, he was supportive of monument signs as they could be made to be extremely helpful, he encouraged the applicant to do a tiered materials list with specific definition and direction, and he was not supportive of neon lighting and preferred to see it restricted to the requirements of the UDO. Ms. Zavora stated she would be alright with the proposed 3:1 slope if the rest of the areas that would need it would be properly defined; though she thought landscaping might alleviate some of those issues as well, she would not support drive-throughs on Garfield Street or Fowler Avenue, she would like to see pullouts arranged for transit stops especially if there was to be a residential component to the site, she supported the common signage plan and having one main entrance sign and agreed with Mr. Rea's sign comments, she was supportive of the proposed residential aspect of the development, and stated the "suggestions" and "considerations" for areas of landscaping should be "requirements"instead.: Chairperson Smith stated she supported all of Staff recommendations with an amendment to section E1 that a light does not need to be installed on the pedestrian path, she was not supportive of anything above the allowable amount of signage, she would not be supportive of the proposed neon lighting, she thought that#31 in the development guidelines regarding a sidewalk crossing a parking lot entryway should include a scored pattern continued throughout the development, she would like to see internally illuminated signs included with the parking lot lighting to be turned off within one hour of closing, she thought that the project as a whole was in the Entryway Corridor Overlay and it was not presumptive to request features above and beyond the requirements, and she would support Staff s wording regarding drive-throughs facing an Entryway Corridor. Planner Skelton added that it would not limit tenants from proposing a drive-through on another street. Mr. Krueger suggested removing the Design Objectives Plan language from the development guidelines. Mr. Rea stated he was glad the applicant was bringing the project to the Board and was appreciative of the applicant's attitude, approach, and candor with the proposal. Mr. Mitchell stated the offsets for the requested relaxations had been met and he appreciated the Board's patience and input and agreed with everything commented on by the DRB and Staff with the exception of two items; the request for the drive-through locations along Garfield Street and that there would need to be more than one sign. Planner Skelton and the DRB responded City of Bozeman Design Review Board Minutes-February 8,2006 7 v 0 that there could be more than one sign as long as there was only one pylon sign along each street frontage. Mr. Pentecost suggested centering the language regarding the drive-through locations on being based on design merit and not disallowed altogether. Mr. Mitchell and Mr. Ullman concurred with Mr. Pentecost. The DRB agreed to add language to the design guidelines to include that it would be allowable for drive-throughs to be proposed along Garfield Street and Fowler Avenue with their approval by the DRB being based on design merit at individual Site Plan review. ITEM 6. PUBLIC COMMENT—(15 —20 minutes) {Limited to any public matter,within the jurisdiction of the Design Review Board, not on this agenda. Three-minute time limit per speaker.} There was no public available for comment at this time. ITEM 7. ADJOURNMENT There being no further comments from the DRB, the meeting was adjourned at 8:27 p.m. Dawn Smith, Chairperson City of Bozeman Design Review Board City of Bozeman Design Review Board Minutes-February 8,2006 8 P� UNIVERSE COLLECTION ® QQ0 UCM UCS UCM UCM UCM ( �UCL J HEAD LUM SR LUM LUM 0 WND LUMINOUS STR STR ANG SKB BEL ANG HOOD WMA17 PCVS PMS PMR SLAT [SLA17(.5 ARM • PR3-3R8 C4P-14 DB3-4R16,BBS4-24 15-5R20, BC6-5 POLE ARCHITECTURAL AREA LIGHTING 20 U C M U N I : E R S E C O L E C T 1 O N 65) a0@&@M mama 0 H2 TYPE 2 REFLECTOR WND 4 WINDOWS ANG ANGLED SHADE Cast frame with a diffused 1-113 TYPE 3 REFLECTOR acrylic lens H4 TYPE 4 REFLECTOR YIIH5 TYPE 5 REFLECTOR 1:111 --- ---- -- - Reflector with cast door and 8.75"/225MM DIAMETER 20"/508MM DIAMETER standard sag glass lens 4.17"/105MM HIGH 6.5"/165MM HIGH SR SOLID RINGS BEL BELL SHADE OPTIONS FOR REFLECTOR OPTICS Cast rings with a diffused FTG FLAT GLASS LENS acrylic lens — - FLD FLAT GLASS WITH 12"/305MM DIAMETER LDL FINISH 4.4"/11OMM HIGH 24"/61OMM DIAMETER 8"/205MM HIGH HSS HOUSE SIDE SHIELD factory installed (not for Type 5) VSL VERTICAL SLOTS RCK ROCK GUARD factory i' FLR FLARED SHADE installed (not for PMR option) Cast frame with a diffused \ acrylic lens 8.75"/225MM DIAMETER 4.17"/105MM HIGH 22"/560MM DIAMETER 6"/1 50MM HIGH OAL OPAL ACRYLIC LENS LUM LUMINOUS RINGS STR STRAIGHT SHADE Edge lit acrylic rings 8"/205MIM DIAMETER with a diffused inner acrylic lens 24"/610MM DIAMETER 9"/230MM) HIGH 127305MM DIAMETER 4.5"/115MM HIGH MAXIMUM 100 WATTS HID 4.4'/11 OMM HIGH LUMINOUS RING COLORS GR3 TYPE 3 GLASS REFRACTOR An internal lens can be added for color SKB SKIRTED BELL SHADE' on the ring edges when illuminated. GR5 TYPE 5 GLASS REFRACTOR BL BLUE RD RED 1, GRN GREEN MG MAGENTA I ` 24"/61OMM DIAMETER Glass Refractor 11.75°/300MM HIGH 6.5°/165MM DIAMETER 671501'AM HIGH ARCHITECTURAL AREA LIGHTING 32 POLE MOUNTED A*,MS 101IVERSE COLLECTION ® 41.0 in 1040 mm 41.0 in 14 0 0 mu Li LLJ 30.0 in 60.0 in 970 mm 1525 mm SLA 16 Slips over 4" pole. SLA 16-2 Twin arms, slips over 4" pole. Weight: 18 lbs. EPA: 2.88 Weight: 28 lbs. EPA: 4.38 40.0 in/1015mm 46.5 in/1180mm* 40.0 in/1015mm 46.5 in/1180mm* i Li 26.0 in/660mm 52.0 in/1320mm Li 34.0 in/864mm* 68.-0 in/1727mm* SLA 17 Slips over 4" pole. Weight: 18 lbs. EPA: 1.50 SLA 17-2 Twin arms, slips over 4" pole. Weight: 24 lbs. EPA: 2.05 '*SLA 17(5) Slips over 5" pole. Weight: 24 lbs. EPA: 2.20 *SLA 17(5)-2 Twin arms, slips over 5" pole. Weight: 33 lbs. EPA: 2.90 28.0 in 28.0 in 710 mm, 710 mm I 30.0 in 31.0 in 787 mm 762 mm SLA 18 Slips over 4" pole. SLA 18-2 Twin arms, slips over 4" pole. Weight: 12lbs. EPA: .85 Weight: 22 lbs. EPA: 1.59 43 ARCHITECTURAL AREA LIGHTING UNIVERSE COLLECT *@ ROUNOALUMINUM POLES AAL poles feature American made heat 3" Round Aluminum Pole for UCS only strengthened A356 aluminum castings CATALOG NO. WIND SPEED j and 6061 T-6 aluminum extrusions. BASE POLE-WALL WT OAH 85 90 100 110 120 130 140 _150_j The hand holes on the four and five PR3 3R8-125 15 8'/2.4M 11.9 10.5 8.3 6.7 5.5 4.5 3.7 3.1 inch poles are reinforced for maximum PR3 3R10-125 18 1073.1M 8.9 7.8 6.1 4.8 3.8 3.1 2.5 2.0 strength to withstand loads from lumi- Bolt circle: 7"/180MM BASE DIAMETER: 9"/230MM BOLTS 3/4" X 24" (19MM X 610MM) naires, arms and banners. Bolt projection: 3.50"/89MM The load values are based on the AASHTO wind load standards. The wind 4" Round Aluminum Pole speeds are based on 3 second gust I CATALOG NO. WIND SPEED 1 speeds (MPH). LBASE POLE-WALL WT OAH 85 90 100 110 120 130 140 150 PR4 4R10-125 25 10'/3.1M 19.4 17.1 13.5 10.8 8.9 7.4 6.3 5.5 PR4 4R12-125 29 12'/3.7M 15.3 13.4 10.5 8.3 6.7 5.6 4.7 4.0 PR4 4R14-125 33 1474.3m 12.3 10.7 8.2 6.3 5.0 4.1 3.4 2.9 PR4 4R16-125 36 1674.9M 10.0 8.6 6.4 4.8 3.6 2.9 2.4 2.0 PR4 4R10-226 39 1073.1M 23.8 21.0 16.7 13.5 11.1 9.3 8.0 6.9 OAH PR4 4R12-226 47 12'/3.7M 19.2 16.9 13.3 10.6 8.6 7.2 6.1 5.3 PR4 4R14-226 52 1474.3M 15.9 13.9 10.8 8.4 6.8 5.6 4.7 4.0 2 x 4 inch PR4 4R16-226 58 1674.9M 12.4 12.3 9.4 7.3 5.7 4.7 4.0 3.3 reinforced hand hole PR4 4R18-226 64 18'/4.9M 11.7 10.0 7.5 5.6 4.3 3.5 2.9 2.4 PR4&PR5 no hand hole PR4 4R20-226 70 20'/6.1M 9.5 8.1 5.9 4.2 3.1 2.4 1.9 1.6 available on Bolt circle: T7180MM; BASE DIAMETER: 9"/230MM BOLTS 3/4" X 24" (19MM X 61 OMM) the PR3 Bolt projection: 3.75"/95MM 12 305 mm 5" Round Aluminum Pole -- I CATALOG NO. -- f -- -- WIND SPEED R I bolt projection _,_ BASE POLE-WALL WT OAH 85 90 100 110 120 130 140 150T� __...� _____ PR5 5R14-188 67 14'/4.3rn 32.3 28.5 22.7 18.6 15.5 13.1 1'1.2 9.6 pp ji I PR5 5R16-188 74 1674.9M 27.3 23.9 19.0 15.5 12.8 10.8 9.2 7.9 grout under PR5 5R18-188 81 1875.5M 22.8 19.8 15.6 12.7 10.5 8.8 7.4 6.4 entire base _ PR5 5R20-188 87 20'/6.2M 18.9 16.4 12.8 10.3 8.5 7.0 5.9 5.0 bolt circle: (�'� �'0, PR5 5R22-188 93 2276.8m 15.8 13.5 10.4 8.3 6.8 5.6 4.7 3.9 900 apart PR5 5R24-188 99 24'/7.4M 13.1 11.1 8.4 6.6 5.3 4.3 3.6 3.0 90°apart �� / PR5 5R25-188 102 2577.7M 11.9 10.0 7.5 5.9 4.7 3.8 3.1 2.5 PR5 5R14-250 82 1474.3m 35.7 31.5 25.2 20.6 17.2 14.5 12.4 10.7 WARNING:Fixture must be grounded in PR5 5R16-250 91 1674.9M 30.5 26.8 21.3 17.4 14.5 12.2 10.4 9.0 accordance with local codes or the National Electric Code. Failure to do so may result in PR5 5R18-250 99 18'/5.5M 25.8 22.5 17.8 14.5 12.0 10.1 8.6 7.3 serious personal injury. CAUTION:Poles should never be erected PR5 5R20-250 108 2076.2M 21.8 18.9 14.8 12.0 9.9 8.3 7.0 6.0 without the luminaire installed. Warranty is PR5 5R22-250 117 2276.8M 18.5 15.9 12.4 9.9 8.11 6.7 5.7 4.8 voided if the pole is erected without the luminaire. PR5 5R24-250 126 2477.4M 15.7 13.4 10.3 8.2 6.6 5.5 4.5 3.8 Decorative poles are found on page 48-49 PR5 5R25-250 131 2577.7M 14.5 12.3 9.3 7.4 6.0 4.9 4.0 3.4 NOTE:Adequate drainage must be provided Bolt circle: 10"/255mm Base diameter: 12.5"/320MM in concrete foundation or in the grout. Bolts: 3/4" X 24" (19MM X 610MM) Bolt projection: 4.75"120MM ARCHITECTURAL AREA LIGHTING 46 DECORATIVE BAS*COVERS * IVERSE COLLECTION ® Two piece base covers are cast #356 aluminum that fit over standard 4" (102mm) or 5" (125mm) round poles. Covers are attached with stainless steel hardware. Consult your AAL catalog for complete details on round poles. i BC5 BC6 BC7 BC8 14" X 24" 17" X 13" 18" X 30" 12" X 36" 355 X 610MM 430 x 330MM 460 x 760MM 305 x 915MM TWO PIECE TWO PIECE TWO PIECE TWO PIECE FOR A 4" OR 5" POLE FOR A 4" OR 5" POLE FOR A 4" OR 5" POLE FOR A 4" POLE ACCESSORIES RBC _ PCA-C PCR _ Cast aluminum receptacle housing, Rotatable photocell housing. The pho- Low profile twist lock photocell recepta- integrally welded to the pole. includes a tocell can be aimed away from stray cle with cast pole cap top. Secures to NEC approved clear cover. Does not light sources for an accurate setting. the top of the pole with three stainless include a receptacle or internal wiring. The photocell is also shielded from light steel set screws. Can also be used on emissions from the fixture. the top of the SLA4, SLA16 and SLA20 The housing slips over a 4"/100mm arms. Photocell t;y others. RBC Q o.d. pole. a fixture or arm slips over the 4"/100mm o.d. tenon. Includes an internal twist lock receptacle, and an access cover with integral lens. Adds 4.5"/113mm to the overall height of the 2.50 in assembly. Photocell by others. 64 mm hand O 3.25 in hole 83 mm AD5 This adapter is to be used only with top of pole standard AAL arms and post top mount standard { fixtures that slip ever a 4" od pole. 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'73r ,1 Nr.... ilfi!;+,fi;-. E W d(tT JI;.QI.M. i?:.1 .,Y, p a ,�� . 111_0-aL,a .6=.,._a ,� y I.E. .. z � Pt L °.r•.s.1..�;l..;''i.;.:au,1zi.*!h!:.!.3�l,>'J._u°*;uia:<'.,:l',dIe M1,»;°1,»3I1t'IaA�!1;v:1d=.f"I!>;„F�2.,.r..,-v3.zk-.td9 rl».r^',� yj1 i, �...s 1,. HANOVER MUNICH HANOVER COPENHAGEN S,gpq.b,Oallaxttiousina Sia9�� ritNe. with Fla 1 sc enc �4q� _ EL� .RLORS+I.Qb4 51]1PJQQpttOt1 �� 5b91i _Q011121.g. Ballast ballast : U�CO7d i ` Housing Housing f01yRs -' to°w irw 4Rtion 5hl lion J2Is�oRuan 16°h rrh ..A:D i6 hA& EW657 EM17ST EH16ST GCF GCF HaifSFheLe GCF 10. t' 13'w 27-w ,6; 22'w TW 26.5'h4 -h n xr 26 2.5"h y a RT FT ACHS EC13RT EC13RT EC13RT EC13RT 22.5'w 25'w Sag Glass 28'w ACS ACS 2DS ACS 1DS ACS 2DD 22.5-h 23'h 22.5°h EH22ST EM2SST GCSG EH22ST GCF GCF GCFID5 Catalog# Wattage/Lamp Lens Type Distribution Voltage Finish Options 5oM MED Hanover and Munich onN Hanover and RT 7oM MED Metal Glass,Clear Flat Munich on N 120 AN BK Black D-j Single Decorative Shield EH16 RT t 7oM MED Halide 2.08 R,D Dark Bronze 2DS' Double Decorative Shield GCSG Glass,Clear Sag 5R2 s EH16FT - ACHS Acrylic,Clear Half Sphere 5R' z<}o ANDG Dark Green 2DD Double Decorative Disc EM17RT 17SMMED ACD Aaylic,Clear Drop Globe SR4SC 2,,,� ANVG Verde Green EM17ST 35S MED SR4 W' 347 ANPP Prime Painted EM17FT Co2whpgea only 480, CM Custom Match 7 EC13RT 0S MED High SRSS TB' CS Custom Select 05 MED Pressure PCS Polycarb,Clear Smooth toOSMED Sodium ACS Acrylic,Clear Smooth Cooenhooen RALcolors 1505 MED M�e R5 175M MOG Metal EH2xRT 25oM MOG Halide EH2zFT 400M'MOG NOTES: EM25RT 1.MultiLtap Ballast(120,208,240,277v)and 480v.For wattages under70S or 70M contact ASL for ova lability. 15oS MOG High 2.SR4W only ova0able for EM125 or EM22. EM25ST 3.Reflectors designed for 400M,ED28 lamp or 400S,E78 lamp. 1505 MOG Pressure q iDS only available with the Hanover and Copenhagen series. EM25FT 4005'MOG Sodium 5.2DS and 200 only available with the Copenhagen series. LUMINAIRES Luminaires are cast aluminum. Reflectors are anodized screws for easy relamping. aluminum. Reflectors for the Hanover and Munich series are For all luminaires the ballast and socket assembly shall be fur- segmented for superior uniformity and control,available in S' nished with a quick disconnect plug and mount on a removable distributions with cutoff classifications. All hardware is stain- ballast plate. Luminaires are furnished with an H.I.D.ballast less steel. and socket assembly. Luminaires shall be UL and CUL listed For Hanover and Munich,the globe is gasketed and mounted and labeled as suitable for wet locations. on an aluminum ring which is hinged to the skirt and furnished For detailed luminaire specifications,see the specification pages with a captive screw for easy relamping. The reflector shall pivot in the Eurotique binder catalog. and be secured with a captive screw for easy access to the ballast plate. For Copenhagen,the globe is gasketed and mounted on FINISH an aluminum ring which is fastened to keyhole slots with(3) All products are finished with a premium Polyester Powder coating. For finish'specifications and color options, see Finish section in the binder catalogs or contact ASL. Architectural Lighting .. .,:s....._,1:�.._c.....0. •_..._..___.......z'F.�................a..v.._=.._.....!.,_._...fi,..4',..z._...._. v... ...,.v...-.oXra:e:::c»:k:...z._.......».!'.r::::--_:::: ..»:_._,.. Cv_...., _ 1;'f., ir::+ �I_._...,. 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A y - IEUROTMF ARMS SPECIFICATIONS EAC Series • 4 dia. Arms CONSTRUCTION & Wall Bracket The arms and wall bracket shall be one-piece construction. The round tubing arms shall be welded to a cen- ter spool and :)lumbizer housing. For the wall bracket,the arm shall be welded to a flat wall plate. All weld- ing shall be per ANSI/AWS D1.2. All welders shall Decertified. B MATERIALS Bracket --� racket 5"Wall Mounting The finials,plumb housing and swivel Plate nipple shall b-2 cast aluminum. The 20$$„ arm,center spool,arm spools, bars 2,g" and wall bracket mounting plate shall J be aluminum. All hardware shall be L stainless steel. All exterior hardware shall be tamper resistant. INSTALLATION ao.88" I The arms shall slip-fit a 3.375"O.D. (6)1/2"0 Holes x 11"post top tenon and attach with(8)socket set screws. Matching Eurotique poles shall be 4"diameter - 18 5" or 4"/6.63"diameter. The center fin- ial and arm finial shall be removable. � .5" The wall bracket shall have six 1/2" EAC4WB dia.holes fo-mounting to the wall. (Bracket mounting hardware fur- nished by others. 2"x 3"vertical junction box:recommended) [loth arms and wall bracket shall have .75"NPT swivel nipples for luminaire mounting. Optional twist-lock photocontrol 4'0 installed at'_enter spool top instead 4" of finial. Furfinish specifications and color 43.5" options,see"Finish"section in catalog. M.75"Swivell iNipple for Lurninalre 18,5 Mountinngg ORDERING INFORMATION ' Choose the boktace catalog nomenclature that best suits your needs and write it on the appropriate line. Example: EAC4/1 ANBK PER PE1 EAC4/1 series Finish' �cJ EAC4WB one ANBK Black EAC4/1 one ANDB Dark Bronze EAC4/2 two ANDG Dark Green e er prninotres ANVG Verde Green reamed A �IatCM CMch Cs cutonseiecl RALaobs Options' PER NEMA Twist-Lock Receptacle only PE1 NEMP.Twhf4xkPtgioconlrol12=.240V PE3 NEMA Twist-Lock Photocontrol347V PE4 NEMA Twist-Lock Photocontrol 480V PE7 NEMA Twist-Lock Photocontrol277V NOTES., 1.ForBnlsh specificotions and color options, see Finish°secfl In catalog. 2 Twht-Lock Photocontranol not avollable with wdl bracket. �— 40- —� ANTIQUE Street Lamps EAC4/2 An�'AcultVftndsCompany 2011-8 W.Rundberg Ln.•Austin,TX 78758 Ph(512)977.8444-Fax(512)977-9622 www.antiquestreetlamps.com L' 'j EA-5 JOB: URM ROSAUER'S BOZEMAN TYPE: S2-5 CATALOG#:EH16ST 150M MED GCF'SR5S 277 ANDB 1 IDS EAC4/2-EPAX 18 S4 ANDB ,:. <.a,»,.,. ,x..-..r,v,_,r _;:<:�rSAp%,5;:%ii=!;- - s ..n.. .a ....:....... .... .... .. :,.»W ni. ry -...n....?....e..,...v:Y:3i.:,.r............ ,,,..... ....i......_._..5'k...:. x..::r;...... -"A a, u... ....»�. .3r. 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DQUI111 Singli Double Nnusing Horsing .,:x' rative Decorative A ;.: 5 Pitaa Sblet4nption D1xoRtinn 16'w - 1TYJ Iirr 20'w 16 n 1rh 16'h EH16ST EM17ST ACD EH16ST GCF GCF Haltsphe_re GCF IDS �a ` 13'w 27'w 22"w. 27'w �;°" RT FT ACHS 26.5 h 26.5'h 26.Sh >r 26.5 h EC13RT EC13RT EC13RT EC13RT 22.5xw 25•w Sag-Ow 28-w ACS ACS 2DS ACS 1DS ACS 2DD 22.5'h 23'h {"'y�ra,::.. 22.5•h EH22ST EM25ST GCSG EH22ST GCF GCF GCF IDS Catalog# Wattage/Lamp Lens Type Distribution Voltage Finish Options 5oM MED HanoYBc and Munch oNv tjpnover and EH16RT 70M MED Metal t Glass,Clear Flat Muntrah onN 120 ANBK [clack R5 Single Decorative Shield 1ooM MED .Halide GCSG Glass,Clear Sag SR2 208 GM Dark Bronze 2DS' Double Decorative Shield s EH16FT ACHS Acrylic,Clear Half Sphere 'SR3 24o AND'G Dark Green 2DD Double Decorative Disc EM17RT 175MMED ACID Acrylic,Clear Drop Globe SR4.SC ANVG Verde Green EM17ST SR W' 347 ANPP Prime Painted EM17FT 35S MED Copenhagen only 4 48o' CM Custom Match EC13RT 50S MED High S . 70S MED Pressure PCS Polycarb,Clear Smooth TB' CS Custom Select 1ooS MED Sodium ACS Acrylic,Clear Smooth Cooenhooen RAL colors 15oS MED MtY R5 175M MOG Metal EH22RT 250M MOG Halide EHzzSf 400W MOG NOTS: EM25RT 1.Multi-fop Ballast(120.208,240,277v)and 460v.For warcages under 70S or 70M conractASt for avano /ity. 15oS MOG High 2.SR4W only ovollobte for EIM25 or EIH22. EM25ST 250S MOG Pressure 3.Reflectors designed for 400M,ED281omp or 400S,E78/amp. EM25FT 400S'MOG Sodium' 4.IDS only available with the Hanover and Copenhagen series. 5.2DS and 2DD ony ovalloVe with the Copenhagen series. LUMINAIRES Luminaires are cast aluminum. Reflectors are anodized screws for easy relamping. aluminum. Reflectors for the Hanover and Munich series are For all luminaires the ballast and socket assembly shall be fur- segmented for superior uniformity and control,available in 5 nished with a quick disconnect plug and mount on a removable distributions with cutoff classifications. All hardware is stain- ballast plate. Luminaires are furnished with an H.I.D.ballast less steel, and socket assembly. Luminaires shall be UL and CUL listed For Hanover and Munich,the globe is gasketed and mounted and labeled as suitable for wet locations. on an aluminum ring which is hinged to the skirt and furnished For detailed luminaire specifications,see the specification pages with a captive screw for easy relamping. The reflector shall pivot in the Eurotique binder catalog. and be secured with a.captive screw for easy access to the ballast plate. For Copenhagen,the globe is gasketed and mounted on FINISH an aluminum ring which is fastened to keyhole slots with(3) All products are finished with a premium Polyester Powder coating. For finish'specifications and color options,see Finish 1E�I1��E1[C��11 lE�' section in the binder catalogs or contact ASL. 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Double IlallaSC ; < rat�v �oraii� Decorative 1-J13usiag tinllsing s"�st��ar' Shiel apSioen ShLeLd.s>�uDn .Di�.�Rtion 16'w 17W e,�j '':vxr 20"w 16 n 17•1, ACD 16'h EH165T EM17ST EH165T GCF GCF daltSRheCe GCF D-5 ' xk:y7. 13'w 27'w .h 71'w t i,�~ 271v §' 26.5'h 26.5'h26.5-h 26.5'h RT FT ACHS EC13RT EC13RT EC13RT EC13RT 22.5'w 25'w Sag Glass 28•w ACS ACS 2D5 ACS 1DS ACS 2DD 22.5'h 23xh `fit ., 22.5'h EH22ST EM25ST GCSG EH22ST GCF GCF GCFiD� Catalog u Wattage/Lamp Lens Type Distribution Voltage Finish Options 5oM MED Hanover and Munich oil H9D2Wr and Munlr_h only 120 ANBK Black 1D:5 Single Decorative Shield EH16RT 70M MED Metal .:CF Glass,Clear Flat 208 DN Q Dark Bronze 2DS' Double Decorative Shield E �6 1ooM MED Halide GCSG Glass,Clear Sag SR2 s 5oM lV1'ED 240 ANDG Dark Green 2DD Double Decorative Disc EH16FT ACHS Acrylic,Clear Half Sphere 3 EM17RT 75 ANVG Verde Green 1 M MED ACD Acrylic,OearDropGlobe SR45C EM17ST SR41N: 347 ANPP Prime Painted EM17FT 35S MED Coaerthogen onN 480' CM Custom Match EC13RT 50S MED High 51155. -TB' CS Custom Select 70S MED Pressure PCS Polycarb,Clear Smooth Sodium Cooenhooen RAL colors 1ooS MED ACS Avylic,C7earSrnooth 15oS MED W& R5 EH22RT 175M MOG Metal _ 25oM MOG Halide EH 400M'MOG NOTES: EM25RT 1.Muld-top Ballast(120,208.240.277v)and 480v.For wattages under 705 or 70M contact ASL for ovatldblllty. 1so5 MOG High 2.SR4W on4,available tot ETM25 or EM22. EM25ST 250S MOG Pressure 3.Refiectors designed for 400M ED28lomp or400S,E78lamp. 4.iDS only available with the Hanover and Copenhagen seder. EM25FT 40OsMOG Sodium 5.2DS and 2DD only ovallable with the Copenhagen series. LUMINAIRES Luminaires are cast aluminum. Reflectors are anodized screws for easy relamping. ' aluminum. Reflectors for the Hanover and Munich series are For all luminaires the ballast and socket assembly shall be-fur- segmented for superior uniformity and control,available in 5 niched with a quick disconnect plug and mount on a removable distributions with cutoff classifications. All hardware is stain- ballast plate. Luminaires are furnished with an H.I.D.ballast less steel. and socket assembly. Luminaires shall be UL and CUL listed For Hanover and Munich,the globe is gasketed and mounted and labeled as suitable for wet locations. on an aluminum ring which is hinged to the skirt and furnished For detailed luminaire specifications,see the specification pages with a captive screw for easy relamping. The reflector shall pivot in the Eurotique binder catalog. . and be secured with a captive screw for easy access to the ballast plate. For Copenhagen,the globe is gasketed and mounted on FINISH an aluminum ring which is fastened to keyhole slots with(3) All products are finished with a premium Polyester Powder coating. For finish specifications and color options,see Finish IEUROT110U iE\R) section in the binder catalogs or contact ASL. 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I Z� -zr� vK� FS�fc✓12�s ISvZ�;Hcvf MLUN'N]S_: SYR.10S. Mounting variations • Down light ' 1 EN SR 9 W1280 W1280L With 3 cast aluminum louvers L91/2" 17. W1280L W1280 Note:2lamos are reouired for each luminaire Light source selection:. (Lamps by others) Photometry: ❑ 2M50 ❑2H35 ❑ 2P50 Four Lamps A21 ❑ 2M70 ❑2H50 2P70. ❑ F418 [3A150 Separate I.E.S.Formatted data is available. ❑ PM100 [32H70 0 P100 ❑ F426 PAR38 Lamp ❑ 2M150 ❑2H100 ❑ 2P175 ❑ F432 ❑ PS75 ❑ 2M175 ❑2H150 2 lamps up ❑ PS100 Max.weight:40 lbs. 1/2" 2 lamps down ❑ PS150 Installation:Mounts over a standard 4" -_ T octagonal electrical box with'3 1/2"c/c �" PAR 38 Lamp adjustability:358 Deg.Rotation X 30 Deg.From vertical mounting holes. a 7 (by others). Additional separate mounting holes LIVoltage: are provided with wall plate. J ❑120 V Standard ctory prewired U_5 1/2". ❑208 V-240 V( 7 V To be specified with catalog number. Certification •. .. selected suffix to catalog number UL Wet Location 1- Pure copper free cast aluminum housing,designed to accommodate various lamp sources,wattageti and installation conditions. (356 Cast aluminum alloy with a copper content of less than 0.1%) QRS as SU up PH1 -120V FS Quartz restrike DC Bayonet SDdown PH2-P77/347V In line fuse 2- Pulse rated porcelain socket where applicable. standby lamp kit socket for external Lamps and Photoelectric cell Protection max.100w DC emergency power.wattage can be 3- One-piece molded silicone lens trim gasket. bayonet type max.I20V A OOW combined for up Note: and down 4- High power factor ballast for H.I.D.or electronic ballast for Options OS 8 lighting.Specify .compact fluorescent sources. QRS.are wired to corresponding activate down suffix and 5- Hea wall prismatic tempered lass lens for point sources light only. selected source vy P P 9 P with catalog and clear tempered glass lens for adjustable PAR lamps. number. Cast aluminum lens trim. Ex.: Flush mount Up light clear lens to reduce accumulation of debris. W1280SUP100-SDM150 6- Semi-specular aluminum reflector with C.F.and H.I.D.sources. 7- Copper free heavy.cast aluminum ballast housing designed to provide heat dissipation and easy access for maintenance. Luminaires may be altered for improvements or discontinued without prior notice Catalog ordering information 8- All stainless steel hardware. W1280 -2P100 - GRT -277 -FS. Base Light Color Voltage Options . model source (Refer to (If other general listing) than 120V) LUMINIS[USA]-3555 NW 53rd Court,Fort Lauderdale,FL.33309 Tel:954.71.4155 .Fax:954.717.4157 Web:www.luminis.com LUMINIS[Canada]-87 C Brunswick D.D.O.Q.C.Canada H9B 2J5. January 2003 Ask t { REV.06/04 C")11116'1: 'S�O-E,D.",,,l:,7P.�M,,HPC , sP�c SHEETRV7-60 IF Metai Halide 'Cylind rin, CAT NO: OM670ED17PMHSC-CSFF-U �' Y [�O::JECT. UR M -R OSAURE'S BOZEMAN ;PROpUCT INFQRMATION - Apow;bn tiods htness Ender for use with efficient metal halide lam PENUAM SURFACE WALL " g cy lamps,Provides broad,uniform light ,... distribution for general illumination of areas such as lobbies,reception areas,schools,transportation terminols,.ban6,malls and offices. Specifications. 1.Housing-Aluminum cylinder with cost aluminum top and bottom ring on pendant and wall units, ,2,Installation,-Top•plate assembly,mounts..directly to outlef.box.Anchor holes_ore provided,Socket and ballast are riiounied-to top plate and are,accessible I servic,ing by; ~ removal of screws secured to housing.Junction box'Wifh S Wt IP.S stud.required. 36 Reflectors ,Precision spun 050 ofummum one'piece reflector,self'flonged with cleat specw i , far lovi iridescent{lniih.Tha reflector isscrew.mounted ftir-�losihve attachment to`�e,s8nb91 , assembly Polished flat flange matches reflector fimsh 5 (127mm) " 4.Ballast Encased and potted,core and coil,High'power(odor,constpnt' 14 7/8' ' VAft a auto transformer-with a minimum stating 1emPerature of 207, Standard ballast is 1207277 dual.top,60 hertz.For°remote operoi.on,volt (378mm) ages.other than 120.or`�77br 50-FiZ operation cnnsulf factory •5.Socket Medium base,4:kv pulse cared porcelain socketvvifh 204a;C rated,leads ,. §.:Optional Fa"sing-Add FZ120 for 120 volt,F277 for,277 volt or, 6' FZ347 for 347 volt. -p52mml- " 1.Ali-mng Cdnopy-Die cast aluminum free moving and•;self aligning . oui.4. x cover. Attaches'to 3 1/4">or 4'octagon outlet box(by olh 7.7/16' _ � 4.3/16' ersl:Allows for up ta.45"adjuslability,for use,AAsloped ceilings or (189mm) 1tObmm) seismic requirements.Add AC2 for two aligning canopies-one ' L. mounted to ouflet boX,rind one mounted b fixture. / 21° t 8.U.L Listed.-for use in damp(ocations.l.B.E.W:union (533mm) l r; made: ' t°" Canadian Specifications may vary.from these shown', consultGanadion Division. t(, 14-7/8' 14-7/8' I �+ ( ) I s 378mm 37 mm) ' t 1152mm)- r ' 1 7-7/16' _ 7-7/I6' _ (189mm) 1189mm) h { 1., ,r 1. ! 1 � ' CATALOG SYSTEM AND OPTIONS EXAMPLE OF COMPLETE CATALOG NUMBER: OM6150ED17PMHPC•CSFF-U I .', OMEGA Lamp lamp Product Reflector Frame Supply Aptr (by others) Type Family Finish' Options Voltage t I OM6 70ED17P MH SC - CSFF - U 150ED17P MH SC Surface Cylinder CSFF Clear Specular FZ120 Fusing U 120/277 100 ED17P Mehl Halide WC Wall Cylinder CSSFF Clear Semi-Specular FZ277 Fusing 3 347 70ED17P PC Pendant Cylinder" HZFF Haze FZ347 Fusing SO ED17P GSFF Champagne Gold Specular AC2 2 Aligning f x � 150 PAR38 PWFF Pewter Finish Canopies 100 AAR38 l FIVE yF4R 70 PAR30 V�az7anty 'Consult factory for other finishes. "Stem length is 22".Consult factory for other lengths. .OMEGA LIGHTING carlaDii►N clvisiOnt 776 South Green St.,Tupelo,MS 38804 189 Bullock Drive,Markham,Ontario,Canada L3P 1 W4 omega Ighthg.c L a H T N G Phone 662.842.7212 FAX 662.841.5501 Phone 905294.9570 FAX 800.268.0003 t4 1 REV.06/04 SPEC SHEET# .RV 7-60 .ir q ii0(SCR$ 10 @URVEi a� !' RtiYc(� FyF�@�ENTSIOS iT�UlhATdON^I Y lIMl��lo&ViG� zlNllS76Li� POtf3 �C � �atF{', C� NAtfG9Vl>liYMFsTNUD� tt y"w•a.5'ti�Y.L1}t;GIW�,�°.�".5�`.rEki'ei S�.,t�,5'i sa1,l !:'fin r�a"r' rN•< ! CAImeA FOOF Ellecti',e Floor Cava y Reflectance 0.20 MIGP s M o' M so• wABens RC 80 70 50 Clear S ecular Reflector LIG}f N 90 0 0 RW 50 30 50 30 50 30 p N��A�iJGrfiAA ' " 85 .0 0 0 0 :8 58 57 57 55 55 Report Number: 20598 ,E CEUNG 75 4 3 216 1 ES 54 54 53 52 51 lec+rr• MW oweca n Lamp: .(1) 100WMH Wr! waTCArmrs in.at.l. �r.. 65 7 . 6 246 2 51 48 50 47 48 46 Total Lumens: 8000 MIND''$ 181.4;,Q,'4 o ss 16 11 3n 3 47 45 46 45 46 44 l 4 44 41 44 40 42 40 Fixture Efficiency: = 49.b°� 976 45 403 458 9741 5 40 39 40 38 40 38 60 8 IES File: F20598.IES 1.2a°Yl 11�a8�5a 35 1443 1430 b 39 35 38 35 38 34 S�MH Ratio = 0.7, 0.7ial4ar� 41 510 15 325 721 3693 7 36 34 35 33. 35 33 Beam An le:.47.59 8 34 30 34 30 34 30 9 ;;i b� 30.1 l ' 5 4950 4872 9 32 28 32 28 32 28 pl��l aim.! 0 5488 5488 10 30 28 29 28 29 27 . '01SiRIB'TIO1$CClll ?' ; COEFGFIC1kEaTSQF�l1TIUZA�IO hoto�tnc Data + ,n CArm9A .. FAT, EHedive Floor C.aviy ReAectonm 0.20 a DEGEES Mo• MW .Aeons RC 80 70 50 Clear Specular Reflector SfIG TNGS;'?'� r 90 0 0 Report Number: 21404 RW 50 30 50 30 50 30 E OC•A � o 0 0 0 93 93 91 91 87 87 � �� CEUN• Mud a irxf f'". 75 2 2 124 1 89 87 87 85 84 83 KBGLamp: 1OOW MH PAR38 Flood Sri F=CANa� l,1-N1 65 12 la a92 2 sa 82 83 81 so 79 Total Lumens: 8000 ie s,, 6422t �Q,&9x n a 55 50 45 1325 3 80 78 79 77 77 75 ssr: m 45 98 141 2704 4 77 74 76 73 75 72 Fixture Efficiency: = 78.5% �� U5.A 3�a1'� . 1 5 74 71 74 70 72 70. IES File: F21404.IES � � 35 307 324 1 ark}215 3 6 72 68 71 68 70 67 S/MH Ratio = 0.5, 0.5 [✓ 146.9 ��6 '` 8766 9897 7 69 66 69 65 68 65 Beam Angle: 29.36 :z;. 8 67 64 67 63 66 63 lnlb 106.E 71r 5 1875519405 9. 65 62 65 61 64 bl un�+! 0 19428 19428 10 63 60 63 60 62 59 v , 'Readings at working plane,2'6"above floor.Beam Angle and Diameter Cutoff at 50%of max. To convert values for optional reflector colors,multiply by: Candlepower Coefficients used at effective reflectances of.. 70%Ceiling, 50%Walls, 20%Floor Gold.90 Bronze .82 Pewter .87 Additional photometric test files are available C omegalighting.com OMEGA LIGHTING: CANADIAN DIVISION: 776 South Green St.,Tupelo,MS 38804 189 Bullock Drive,Markham,Ontario,Canada L3P 1 W4 L G H T N G Phone 662.842.7212 FAX 662.841.5501. 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I 3 _. .J. a1tx,.. ...�...."..�.,a..e:�:, HANOVEK MUNICH HANOVER COPENHAGEN Sln�o,oShhBillast.tiausiag_ 4iass Lens 1� Fluted RLo�Cilal2e option Double SiMIAL Doubk dd st. Pedliase: v5vzs-'... ''% rN£. CaX1Ye. i_,f�rAt.Va_ Housing Bausim pro 9-s ;, Shietd_opsian S..'e. ptton D1scoQtian 16"w .. 1TW wx' 20-w 16"h in A 'ACD 16"h EH16ST EM17ST EH16ST GCF GCF HdifSRhece GCF 1U � T"h 5 25'W A *1n261.5"h 26.7 6.2 6.7 RT FT ACHS EC13RT E0311T EC13RT EC13RT 22.5"w 25"w 5a9 Glass 28"w ACS ACS 2DS ACS iDS ACS 2DD 22.5 h 23'h r ;,. 22.5'h EH22ST EM25Sr GCSG EH22ST GCF GCF GCF IDS. Catalog# Wattage/Lamp Lens Type Distribution Voltage. Finish Options 5oM MED Hanover and Munich only Hanover and oM MED Munich only 120 ANBK Black Single Decorative Shield EH16RT 7 Metal Glass,Clear Flat 208 .D Dark Bronze 2DS' Double Decorative Shield 1oOM MED Halide GCSG Glass,Clear Sag SR2 EHi6FT 0; 240 ANDG Dark Green 2DD' Double Decorative Disc ACHS Acrylic,Clear Half Sphere 6 3. 175M MED EM17RT ACID Acrylic,Clear Drop Globe SR4SC ANVG Verde Green EM17ST 35S MED SR4W' 347 ANPP Prime Painted EM17FT Cooenhagen only 480' CM Custom Match EC13RT 50 MED High SR55 TB' CS Custom Select 70 5 MED Pressure PCS Polycarb,Clear Smooth 10oSMEDSodium ACS Acrylic,rylic,ClearSmooth Co enh_ocen RAL colors 15oS MED PaLv R5 175M MOG Metal EH22RT 2SoM MOG Halide EH22ST 400W MOG EH22F NOTES: T 1.Multi-lop Ballast(120,208,240,277v)and 480v.For wattages under70S or70M contact ASL for availability. EM25RT 15oS MOG High 2.SR4W only available for EIM25 or EfH22. EM25ST J.Reflectors designed for400K ED28lomp or400S E18lomp. 2505 MOG Pressure 4. iDS only available with the Hanover and Copenhagen series. EM25FT 4.00S'MOG Sodium 5.20S and 2DD only available with the Copenhagen series. LUMINAIRES Luminaires are cast aluminum. Reflectors are anodized screws for easy relamping. aluminum. Reflectors for the Hanover and Munich series are For all luminaires the ballast and socket assembly shall be fur- segmented for superior uniformity and control,available in 5 nished with a quick disconnect plug and mount on a removable distributions with cutoff classifications. All hardware is stain- ballast plate. Luminaires are furnished with an H.I.D.ballast less steel, and socket assembly. Luminaires shall be UL and CUL listed For Hanover and Munich,the globe is gasketed and mounted and labeled as suitable for wet locations. on an aluminum ring which is hinged to the skirt and furnished For detailed luminaire specifications,see the specification pages with a captive screw for easy relamping. The reflector shall pivot in the Eurotique binder catalog. and be secured with a captive screw for easy access to the ballast plate. For Copenhagen,the globe is gasketed and mounted on FINISH an aluminum ring which is fastened to keyhole slots with(3) All products are finished with a premium Polyester Powder coating. For finish specifications and color options,see Finish � section in the binder catalogs or contact ASL: lE�.l(1�O�[�1(Q�I(lE Architectural Lighting - ....,,a:r:,:!i:::.::»::»:::::.: •::::::,,:rizii??ii!Fi�iii3=;ii?iL .. .. n .....:. ...... ....r£_r.,»z ... ...rr:...,.x...i......_................................:......u..r..,a:..............r................_...x...,..,...I..._.............,.....,..,x.............:....:.......»........v............................,.... .......,..:....,....i:..,..:r..r2..:::_..:L...x:::r:,z::::::..,:..................., ,..u:..n...........::n:........,b............ ... .3,. �..»..._R..,........R.....::............... ._...._._.............._..,..............................r...?..........x..............xx...............k...,.......................:..............:...,»......._....:::.:..........,........_........,,.................... ..x5,::::::: ...r..,.,.:x:::::::n�_.........._:.x....._,..r..........,:...r.:.........: ,..a........, ,.._................»........x...v,_......k.v..:....x,..v..z.v.v_......<.......,..,»z...............,?...._..._......................x.x............_....v...,....}..z......v... zx...... ::::::::::::»!:: .........L.v....,...iv,...._:. ..... .. ......_..;....::::::::::::_;..;.v.........v.v....,v....,...:v.,.z,...;.,.,.,»I,..,....,..n .is.__v......._.....:...r....................... .. ......... 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Catalog Number fALI V,47 0/�ARL/".TONG® VGR4 42TRT 277 DDBT Notes Type FEATURES & SPECIFICATIONS URM-ROSAUER'SBOZEMAN E-D INTENDED USE Architectural low-profile luminaire provides general illuminationfor exteriororinterior Rough Service Fixture applications.Ideal for rough service(vandal resistant)applicationswhere safetyand security are concerns. ATTRIBUTES Designed to complement building architecture and to endure extreme environmental conditions and physical abuse. VGR4 CONSTRUCTION Bezel—One-piece,marine grade die-cast aluminum,low copper alloy.1<1%copper),.125 inchthick Encloses lens and secures to housing with stainless steel Tarx@TIO setscrews. (two included)or optional stainless steel tamper-resistant screws(see Options). Backplate—Corrosion resistant 16 gauge steel,post-painted in black polyester powder coatand has a keyhole mounting detail. Gasket—Polycarbonate perimeter lens gasketis one-piece silicone'o*ring,mechanically COMPACT FLUORESCENT held in lens channel.Glass:Perimeter lens gasket is closed-cell silicone.Pad mounting Round Single Grille gasket is closed-cell neopren that seals backplate to mounting surface.Gaskets help 9 cushion impact shock Ceiling/Wall Mounted FINISH Standard finish is textured polyester powder coat in white,black or bronze.Optional CmA7rMWAft%F architectural colors available(see Options). OPTICAL SYSTEM Lens-polycarbonate—Translucentwhite,injection molded,W.stabilized lens is.125 inch thick Smooth exterior allows for easy cleaning,and interior pattern diffuses light for even surface illumination. Lens-glass Tempered borosilicate lens,.250 inch thick,has smooth exterior for easy cleaning and textured interior. _ Reflector—Internal reflector is semi-specular aluminum,with high-reflectance white powder coat perimeter for maximum light output Lamp positioning assures uniform ` brightness and illumination. ELECTRICAL SYSTEM '1 Ballast-Class P,Electronic,High Power Factor multi-vohwith starting temperature of-5°F J-20*C).Exception is 13TT electromagnetic ballast normal power factor,120V only, \ Socket-High-temperature the rmoplastic with lamp retention clip. / Lamp-35Klamp(s)included unless specifiedL/LP. \ _ INSTALLATION I q 1' Unit may be ceiling orwall mounted.For maximum vandal resistance,use four hole 13.7-(34.8) mounting pattern.For installation on irregular or uneven surfaces,caulk/sealant may be required fora more poshve seal. All dimensions are inches(centimeters). LISTING UL listed to US and Canadian safety Standards(see Options). NOM certified(see Options).Ul Listed for 225°C ambient and wet locations.IP65rated. Specifications subject to change without notice. ORDERING INFORMATION Example:VGR4 42TRT MVOLT DBLB TRS LPI Choose the boldface catalog nomenclature that best suits your needs and write it on the appropriate line. Order accessories as separate catalog number. VGR4 42TRT 277 DDBT Series Wattage Lens Voltage Paint Finishes' Options Lampe VGR4 13TT One 13W twin-tube lamp' (blank) 120 Standard Textured Colors: Shipped installed in fixture LPI Lamp(s) 2113TT Two 13W twin-tube lamps' Polycarbonate 277 OWHG White DS Dual switching included 13DTT One 13W double twin-tube lamp L 347 DBLB Black GLR Internal fast-blow,fusing' (standard) Borosilicate L/LP Less lamp(s) 2l13DTT Two 13W double twin-tube lamps glass MVOLT' DDBT Dark Bronze GMF Internal slow-blow fusing' 18DTT One 18W double twin-tube lamp DNAT Natural Aluminum NLCF Compact fluorescent 2/18OTT Two 18W double twin-tube lamps DSST Sandstone night-light(SW Max.)'A8 260TT One 26W double twin-tube lamp Optional Textured Colors: TRS Tamper-res scant screws' 71l6DTT Two 26W double twin-tuba lamps CSA Listed and labeled to comply 26TRT One 26W triple-tube lamp DBNH Bronze with Canadian safety 2/26TRT.Two 26W triple-tube lamps DSPD DarkGray standards 32TRT One 32W triple-tube lamp DSPE Green NOM NOM Certified 42TRT One 42W triple-tube lamp DSPF Rust DSPG Dark Red NOTES: DSPH Light Red 1 120V only. Accessories DSPJ Light Gray 2 Multi-volt electronic ballast(for OTT and TRT lamps)capable of Order as separate catalog numbers. operating on any line voltage between 120 and 277 volt 3 For additional colors,refer to Architectural Paint brochure. RK1T10DRV Tore TX10 screwdriver,for use with Gateway set screws. 4 Must specify voltage.Notavailable with MVOLT. RK1 T20BIT Hex-base driver bit,Torx TX20,for tamper-resistant 5 Maximum wattage lamppoovided. screws with center reject pin. 6 Option available for single lamp units only. RK1 720DRV Torx TX20 screwdriver for use with tamper-resistant 7 T-20 screws with center reject pin. screws with center reject pin. B Lamp(s)included unless ULP is specified. Outdoor and Special Environments Sheet 4:VGR4F_O BM_2006 Catalog Number kfA Llnm,O/V/ L/G/5IT/NG® WFL3 200M RW 277 SCWA DDB. Notes Type FEATURES & SPECIFICATIONS URM-ROSAUER'S BOZEMAN E-F INTENDED USE For building- and wall-mounted applications. Architectural Wall-Mounted Lighting CONSTRUCTION Extruded aluminum body with cast end caps is mounted,with 1/4' bolts,to WFL3 formed steel wall bracket Housing body rotates to allow for variable aiming. It Standard finish is dark bronze (DOB) corrosion-resistant polyester powder. Other architectural colors available. Cast aluminum frame is hinged and se- cured by stainless steel fasteners. Closed-cell silicone gasket prevents the penetration.of dust and moisture. OPTICAL SYSTEM METAL HALIDE Centered optics with anodized, aluminum reflectors: segmented, specular 200-40OW or hammertone finish. Clear, impact-resistant, tempered glass lens. No HIGH PRESSURESODIUM silkscreen on FT optic. 250-400W ELECTRICAL SYSTEM Constant-wattage autotransformer ballast, copper-wound and 100% fac- torytested. Horizontal, mogul-base porcelain socket with copper alloy, Standard dimensions nickel-plated screw shell and center contact. 4KV pulse rated. UL listed EPA:2.0 ft2(.19 ml) ' 660W,60OV. Length:21.5(54.6) { a o. OH INSTALLATION Depth:8-3/4(22.3) Mounting plate includes provision for attachment independent of junction Overall Height: 14-3/4(37.5) ............ ........ box. Optional backbox wall mounting available for surface.conduit applica Max.Weight 44(19.9 kg) `��"`-"� - - " w. ....., lions. Mounts either ens-up or lens-down I LISTINGS All dimensions are inches (centimeters) —� UL listed for wet locations. Listed and labeled to comply with US and Cana- F— unless otherwise specified. L dian safety standards (see Options). IP65 rated in accordance with IEC standard 529. ORDERING INFORMATION Example:WFL3 400M GZ 120 SF LPI Choose the boldface catalog nomenclature that best suits your needs and write it on the appropriate line.Order accessories as separate catalog numbers(shipped separately). WFL3 200M RW 277 SCWA DDB Series WattageF Distribution Voltage Options WFL3 Metal halide SP Spot 120 Shipped installed in fixture Architectural colors 200MI HPN Narrow asymmetric 2081 SF Single fuse(120,277,347V, (powder finish)' 25OM2 HPM Medium asymmetric 2404 n/a with TB) Standard colors 320MI HPW Wide asymmetric Y77 OF Double fuse(208,240,48OV, DDB Dark bronze 350MI RN Narrow symmetric 347 n/a with TB) (standard) 400M2 RM Medium symmetric 4805 LPI Lamp included as standard DWH White High pressure LILP Less lamp sodium RW Wide symmetric Tge DBL Black 250S GZ Wall grazing CR Enhanced corrosion- Classic colors FT Forward throw'. resistance DMB Medium 4005 CSA Listed and labeled to bronze comply with Canadian Standards DNA Natural PE Photoelectric cel'-button aluminum type(n/a with TB) DSS Sandstone (IRS Quartz restrikes DGC Charcoal gray EC Emeregency Circuit DTG Tennis green SCWA Super CWA Pulse Start DBR Bright red Ballast' DSB Steel blue LC90 Lock at 90° for full cutoff ,$bjppg� separatelve BBW Backbox wall mounting UV Upper visor NOTES: EV Eggcrate visor (track) 1 Optional multi-tap ballast(120,208,240,277V)In Canada 120,277,347V;ships as 120/347. FV Full visor 2 May be ordered as an accessory.Door frame must be factory drilled. BV Bottom visor 3 Additional architectural colors available;see paint brochure (Form No.794.3). WG Wire guard 4 May be ordered with SCWA. BD Barn door 5 Must be ordered with SCWA. HLV Horizontal louver (black) 6 Consult factory for availability in Canada. VLV Vertical louver (black) 7 10OW max;(IRS can not be used with 48OV. 8 No silkscreen on lens. BVG Bubble vandal guard 9 Not available with high pressure sodium. Outdoor Sheet#:WFL3-M-S BM-110 • i CM6-M35/50/70/100 Catalog Number: CM6-M 100-V65B 6" Open Metal Halide Downlight Type: E-G 00 Project: URM -ROSAURE'S BOZEMAN Description Six inch vertical lamp HID downlight.Rated for use with 35,50,70 acd 100 watt metal halide lamps and high pressure sodium.Wide variety of trim options. pyi Features •Adjustable socket cup. •Pre-Installed quick connectors. r- •Easy,snap fit installation. " ' �? •cUL listed for damp locations and through branch circuit wiring. •Variety of trim options. •Detachable ballast tray for easy maintenance. CATALOG SYSTEM AND OPTIONS SAMPLE CATALOG NUMBER: CM6-M50-V65 Emergency Plaster Frame Electrical System Fuse tion' O tim Trims(choose one) V65BP Black Baffle,C73 Prismatic Len? CM6 - M 100 - V65 B V65BF Black Baffle,Fresnel Lens° V65B lov.•Irrid.Refl.,Block Baffle V63 Gold Reflector V65BE Low Irrid.ReA.,Black Baffle,Emer. CDM35/PAR30 FS2 Ee V63SL Gold Reflector,Self Lipped V65WB Low Irrid.Refl.,White Baffle CDM35/PAR20(open rated) FS3 EmergencyV63E Gold Reflector,Emergency V65WBE low laid.Refl.,While Baffle,Emer FS4 Restrike V64 Black Reflector 6 M502 VbSWBC White Baffle Clear lens Insert a FS6 V64SL Black Reflector,Self Lipped V65WBF White Baffle Fresnel Lens Insert° MP50/C/U/MED (open rated) V64E Black Reflector,Emergency M702 F58 r9 cY V65WBP White BafAe,C73 Prismatic Len? V65 low Inidescent Reflector MP70/C/U/MED (open rated) VW63 Gold Reflector,Single Wall Wash M100 rootnoms: V65SL low Irridescent,Self Lipped VWD63 Gold Reflector,Double Wall Wash 1.HID hoe kin depending an Manage. V65E Low Irridescent,Emergency VW65 Low Irides.ReA.,Single Wall Wash MP100/C/U/MED(open rated) 2.Use open roWmdure lam on . 9 H50 3.Profecied lamp required. b V66 White Reflector V65C Clear Cone,Clear lens Insert° W50/D/MED 4.For use with emergerk�.tom ocfian only. V66SL White Reflector,Self Lipped V65F Clear Cone,Fresnel Lens Insert° H70 SERRae�gtewctnormvsrhae'E added to ntegd V66E White Reflector,Emergency V65P Gear Cone,C73 Prismatic Lens6 W70/D/MED 6.uL Ustr,d wet Location V67 Wheat Reflector V66C White Splay,Clear lens Insert° General Notes: V67SL Wheat Reflector,Self LInserts H 100 See Fuse IGt Chart io determine the correct Fuca V67E Wheat Reflector,Eme a V66F White Splay Fresnel lens 6 W 100/D/MED kit For your application. V65BC Black Baffle,Clear Lens InZrio V66P White Splay,C73 Prismatic Lens VWD65 Clear Refl.,Double Wall Wash FRAME Two L-brackets hold the ballast tray in place along the grooves to reduce aperture glare-Non-reflective matte 1.Metal Plaster Frame-22 gauge die stamped metal edge of the plaster tray. black or white painted finishes. frame with flanged edges to provide a smooth handling 2.Socket-Medium base screw porcelain socket rated 3.lenses-Tempered clear,C73 Prismatic,or Fresnel surface.The frame can be easilyconverted in the field to for 650W,250V maximum. glass lenses.lenses are easily removable From below the 4"and 8"aperture sizes with interchangeable aperture 3.Socket Cup-The socket cup attaches to the trim with- ceiling for relamping. rings.Frames can be installed before lamp source or out tools and incorporates a socket scale to provide for 4.Installation-Capri One trims attach directly to the wattage has been determined. uniform socket positioning. Frame via expandable torsion springs. Note:Suitable for installation in environmental air-hon- A.Junction Box-Plaster frame integrated 47 cu.in.junc- 5.Lensed Trims are cUL Listed wet location rated. dling ceilings. tion box with four 1/2"and two 1"knockouts.Electrical 2.Mounting-Adjustable spring steel butterfly brackets connections are made through a single junction box ACCESSORIES accommodate CH24 or CH48 channel bar hangers,BH3 door,which allows all electrical systems to snap into (fir separcrtely) flat bar hangers,or 1/2"EMT conduit.Frame can be place on the Frame.All electrical systems come standard 27"Flat Bar Hangers.............................................BH3 supported with aircraft cable where required.Ballast with pre-installed quick connectors for fast and easy 26"C-Channel Bar Hangers................................CH24 trays attach via two butterfly nuts.Frame can be support- electrical connections. 50"C-Channel Bar Hangers................................CH48 ed with aircraft cable where required. 5.cUL Listed-cUL approved for damp location and through branch circuit wiring with up to 8#12 AWG ELECTRICAL SYSTEM conductors.Lens trims are cUL Listed for wet location. 1.Ballast-Systems come equipped with standard FUSE KITS 120/277V,1.25/0.55 starling amps,60 Hertz,-20"F TRIMS minimum starting temperature(120/347V ballast 1.Reflector-Precision spun.050 aluminum.Removable Capri One H•I•D, Vohage available as an option),dual to ,high power factor polycarbonate trim ring is standard. Watt. FJedrical System 120V 277V 347V magnetic ballasts.Ballasts attach to an adjustable ballast 2 Baffle-Precision spun.040 aluminum with deep 35 M35 FS4 FS2 tray that straddles the bar hangers for greater stability. - g 50 H50 F54 F52 - M/ML50 FS4 FS2 - DIMENSIONS 70 H70 FS6 FS2 - H70C - - FS2 M/M170 FS4 FS2 r M/M170C - - FS2 100 H100 FS6 FS4 10" H100C - - FS4 (254 cam) 15" `' — 7) M/M000 FS6 FS4 - (381 cam) (241r/mm) ' /= M/MLIWC - - FS4 s (13 cam) 150 H150 FS8 FS4 6h" _ - (165 mm) H150C - - FS4 m 7° M/ML150 FSB FS4 - 18 (178 mm) (484 cam) 175 M ML175 F58 FS3 FS3 7 3/4" 250 H250 FSB FS3 FS3 (197 mml M/ML250 FSB FS3 FS3 REV. 09/05 CAPCaD 776 S LIGuth Greta THOMAS LIGHTING C Markham, CO3-3 776 South Green St.,Tupelo,MS 38604 189 Bullock Drive,Markham,Ontario,Canada UP 1 W4 Phone 662.842.7212 FAX 662.841.5501 Phone 905.294.9570 FAX 800.268.0003 L G H T N G www.caprilighting.com www.thomoslightingconado.com 6"TRIMS n4 � i i >p � � z.._-• �--, �is � ,� - r, V65 Clear Reflector V63 Gold Reflector V64 Black Reflector V66 White Reflector V67 Wheat Reflector V65SL Clear Reflector, V63SL Gold Reflector, V64SL Black Reflector, V66SL White Reflector, V675L Wheat Reflector, Self-Flanged' Emergency Sel4longed' Se16Fkonged' Self-Flanged' _ rttttttt�tt�� `"� vx`<•<:��= `.. �,elt°i", .�- tl "+wc,R�y.,,,,, '4�i _""rx' ��'' ,M,,16 .s.. r V65B Clear Reflector, V65WB Clear Reflector, White Baffle,Glass lens Insert Black Baffle,Glass Lens Insert White Splay,Glass lens Insert Black Baffle White Baffle V65WBC Clear lens V65BC Clear Lens V66C Clear Lens V65VM Fresnel Lens V65BF Fresnel Lens V66F Fresnel lens AQ* V65WBP C73 Prismatic Lets V65BP C73 Prismatic Lens V66P C73 Prismatic lens 4:> 1 t , 4:: 0 Clear Cane,Glass lens Insert VW65 Clear Reflector VWD65 Clear Reflector, VW63 Gold Reflector, VWD63 Gold Reflector, V65C Clear Lens Single Wall Wash Double Wall Wash Single Wall Wash Double Wall Wash V65F Fresnel Lens V65P C73 Prismatic Lens PHOTOMEfRICS CM6-M35-V65 Lamp:(1)CDM35/PAR30 Beam Angle:50° 6"H.I.D.35W Meld Halide Damllght,Clear Reflector IES Spacing Criteria:.5 Efficiency:95.9% Candlepower Curve Candlepower Summary Coefficients of Utilization Conversion Factors Zone Degree 0'Candelas Ceiling Cavity Reflectance 90.............................0 80 50 10 For average footconde calculations. 85.............................0 Wall Reflectance Multiply fookandles by conversion 85. 80.............................0 Room 50 30 10 50 30 10 50 30 10 factor. 1000 75.............................0 Cavity Ratio CU for Floor Cavity Reflectance.20% 75° 70.............................0 0 119 119 119 111 111 111 102 102 102 Trim Conversion 2000 - 65.............................0 1 113 111 109 107 106 1 O4 100 99 99 Cahloa# Factor 60.............................0 3000 65° 55.............................0 2 107 lOd 101 102 100 98 97 95 94 V61 .93 50 21 3 102 99 96 99 96 94 94 92 91 V64 .87 4000 45............................58 4 98 94 91 95 92 89 91 89 87 V66 .69 55° 40............................94 5 94 90 86 91 88 85 88 86 84 V67, .89 5000 35...........................167 6 91 87 83 89 85 83 86 84 82 30...........................366 7 88 83 80 86 82 80 84 81 79 6000 25...........................904 8 84 80 77 83 79 77 81 78 76 9 81 77 74 80 76 74 78 75 73 7000 20..........................A033 10 78 74 71 77 73 70 75 72 70 8000 10..........................7198 These coefficients were computed b the zonol-cavity method,I.E.S.recom- 5° 15° 25° 35° 5...........................7198 P Y ty 0...........................7122 mended practice,and prepared from the candlepower distribution data in photometric test no.2082 CM6-M70-V62 Lamp:(1)MP70/C/U/MED Beam Angle:94° 6"H.I.D.70W Metal Halide Downlight,Clear Reflector IES Spacing Criteria: 1.2 Lamp Position:Lamp in number 3 position Efficiency:58.6% Candlepower Curve Candlepower Summary Coefficients of Utilization Conversion Factors Zone Degree 0°Candelas Ceiling Cavity Reflectance 90.............................0 80 50 10 For ayssage laotca dle calculations. 85.............................0 Wall Reflectance Multiply fookandles by conversion 80.............................0 Room 50 30 10 50 30 10 50 30 10 851 75.............................0 Cavity Ratio CU for Floor Cav ty Reflectance.20% 300 70.............................0 0 70 70 70 65 65 65 60 60 60 Trim Convenion 75° 65.............................5 1 64 63 61 61 60 59 57 56 55 Catalog# Factor B00 - 60............................Al 55...........................139 2 60 57 55 57 55 53 53 52 51 V63 .93 900 65° 50 ...363 3 55 52 50 53 50 48 50 48 47 V64 .8787 45...........................584 4 51 48 45 49 46 44 47 45 43 V66 .69 1200 55° 40...........................760 5 47 43 Al 45 42 40 43 Al 39 V67 .89 IOA86 44 d0 37 42 39 37 Al 38 36 1500 35..........................1590 7 40 36 34 39 36 33 38 35 33 30..........................2075 8 37 33 30 36 33 30 35 32 30 1800 20'"......•."'."•"""'�75 9 34 30 27 33 29 27 32 29 27 2100 15..........................2060 45° 20..........................2 10 31 27 25 30 27 24 29 26 24 60 10..........................1842 2400 5...........................I62A These coefficients were computed by the zonal-cavity method,I.E.S.recom- 5° 15° 25° 35° 0...........................1711 mended Practice,and prepared from the candlepower distribution data in photometric test no.2045 Capri Lighting reserves the right to make changes without notice.02005 CO3-3 CAPRI LIGHTING: THOMAS LIGHTING CANADA: 776 South Green St.,Tupelo,MS 38804 189 Bullock Drive,Markham,Ontario,Canada UP I W4 c`' :3r Phone 662.842.7212 FAX 662.841.5501 Phone 905.294.9570 FAX 800.268.0003 www.copritighting.com www.thomaslightingcanodo.com L G H T N G Catalog Number fA L/THON/�/GHT/NG0 WSR 70M WT 277 DDBT Notes Type FEATURES & SPECIFICATIONS URM-ROSOAUER'SBOZEMAN E-H INTENDED USE— For building- and wall-mounted applications. CONSTRUCTION— Rugged, die-cast, single-piece aluminum housing. Die- Decorative Well-Mounted Lighting cast door frame has a 1/8" thick tempered glass lens. Door frame is fully, gasketed with one-piece solid silicone. FINISH— Standard finish is new textured dark bronze (DDBT) corrosion resistant polyester powder finish, with other architectural colors available. OPTICAL SYSTEM— Segmented reflectors for superior uniformity and con- trol. Reflectors are interchangeable. Three full cutoff downlight distributions available:FT(forward throw), MD (medium throw) and WT(wide throw). Four uplight distributions available: FTU (forward throw, 10% up), MDU (medium METAL HALIDE throw, 10% up), WTU (wide throw, 10% up) and MOU5 (up/down medium 5OW-175W throw, 50% up 50% down). zii ELECTRICAL SYSTEM—5OW-15OW utilizes a high reactance, high power fac— tor ballast 35S utilizes a reactance high power factor ballast 175W utilizes a 35W-150W constant-wattage auto transformer ballast Quick disconnect,plug easily dis- connects reflector from ballast. Ballasts are copper-wound and 100% factory-tested. Porcelain, medium-base socket with copper alloy, nickel- Specifications plated screw shell and center contact UL listed 660W,600V 4KV pulse rated. INSTALLATION — Universal mounting mechanism with integral mounting Length: 18.0(45:7) support allows fixture to hinge down. Bubble level provides correct align- Depth:9.0(22.8) ment with every installation. Overall Height:7.25(18.4) LISTING — UL Listed (standard). CSA Certified (see Options). Suitable for Max.Weight:30 Ibs(13.6 kg) wet locations (damp location listed in lens-up orientation). WLU option of- fers wet location listing in up orientation(see Options).IP65 rated. All dimensions are inches(centimeters)unless otherwise specified. ORDERING INFORMATION Example:WSR 175M FT 120 SF LPI D►uAT Choose the boldface catalog nomenclature that best suits your needs and write it on the appropriate line. WSR 70M _ WT 277 DDBT Series Wattage/source Distribution Voltage Options WSR High pressure sodium Downlight distributions 120 Shipped installed in fixture Shipped separately 35S' FT Forward throw 2082 SF Single fuse(120,277,347V, WSBBW Surface-mounted 50S MD Medium throw Y401 n/a TB) back box 70S (coated lamp std.) Y77 OF Double fuse (208,240V,n/a UT5 Uptilt 5 degrees logs WT Wide throw 347 TB or TBV) WSRWG Wire guard' a EC Emergency circuit (25W WSRVG Vandal guard' 150S Up/down distributions TB max 120V, incandescent Architectural colors" FTU Forward throw TBV' lamp included)5 Standard textured colors Metal halide with 10% uplight DC12 Emergency circuit 12 volt 50M MDU Medium throw with (35W lamp included std.)' DDBT Dark bronze (std.) 70M 10% uplight 2DC12 Emergency circuit 12 volt DSST Sandstone lo0M (coated lamp std.) (2,35W lamps included)' DNAT Natural aluminum WTU Wide throw with DC2012 Emergency circuit 12 volt DWHG White 150M 10% uplight 120W lamp included)' DBLB Black 175M MDUS Up/down medium 2DC2012 Emergency circuit 12 volt Optional textured colors throw with 50% (2, 20W lamps included)' DBNH Bronze uplight&50% QRS Quartz restrike system downlight (coated (100W max 120V,quartz DSPD Dark gray lamp std.) lamp not included)' DSPJ Light gray CR Enhanced corrosion DSPE Green resistance DSPG Dark red CRT Non-stick protective DSPF Rust coating (black only) DSPH Red PE Photoelectric cell-button Striping NOTES:oVonly. type (n/a TB/TBV)' SDDB Dark bronze 1 Consult facto for availability WLU Wet location door for up SDWH White factory ty in Canada. orientation 3 Optional multi-tap ballast(120,208,240,277V);(120,277,347VinCanada). IBS Internal backlight shield' SDBL Black 4 Optional penta-tap ballast(120,208,240,277,480V;not available in Canada).175W DFL Diffusing lens SDNA Natural aluminum metal halide only. LPI Lamp included (std.) SDTG Tennis green 5 Not available with QRS. L/LPSDBR Bright red 6 Not available with SF,OF or QRS. CSA Less lamp SDBUA Dark blue CSA CSA Certified 7 Not available with EC. SDGYM Gray 8 Must be ordered with fixture;cannot be field installed. UCS Uplight component shield'' SDYLB Yellow 9 Not available with medium throw[MD)distribution. 10 Used with FTU and WTU distributions to conceal internal electrical components. 11 Additional architectural colors available;see www.lithonia.com for more information. Outdoor Sheet# WSR-M-S BM - 120 MASTERS , uabtfns Systems' MA-S-200-PSMV-DA-MT-WHT DIMENSIONS Side 10 23"Square Sf " El- Bottom ORDERING INFORMATION Select appropriate choice from each column to formulate order code.Refer to example below. Luminalre Distribution Lamp Light Source Lens Line z Luminalre Options Prefix Wattage Voltage Finish MA S—Symmetrical 175 SMH—Super Metal Halide DA—Dropped Prismatic 480V BRZ—Bronze LL—Less Lamp XL—High 250 175,250,400 Watt Acrylic MT—Multi Tapa BLK—Black RECI20V—Recessed Kits Performance 400 MH—Metal Halide 73—C73 Diffused Flat TT-Tri-Tap WHIT—White REC208V—Recessed Kits Symmetrical 175,250,400 Watt Tempered Glass' REC240V—Recessed Kits HPS—High Pressure Sodium F—Flat Clear REC277V—Recessed Kits 250,400 Watt Tempered Glass' SO—Stand-By Quartz Fj EXAMPLE OF A TYPICAL ORDER FMA S 400 SMH DA MT WHT REC120V 1- The C73 Diffused Flat Tempered Glass and Clear Flat Tempered Glass are required for indoor use. 2- For international voltages,consult factory. 3- MT—Multi Tap is shipped standard unless otherwise specified.Multi Tap consists of 120V,208V,240V,and 277V. Multi Tap is pre-wired for 277V. Alternate voltages will require field re-wiring. 4- Tri-Tap is shipped standard for C-UL applications. Tri-Tap consists of 120V,277V,and 347V. Tri-Tap is pre-wired for 347V. Altemate voltages will require field re-wiring. 5- Thermal Protector is furnished as standard with recessed fixture option. SLOPE SURFACE ADAPTOR — SSA ACCESSORY ORDERING INFORMATION (Accessories are field installed) 4-12 Slope-18 1/20 3-12 Slope-140 Description Order Number SSA—Slope Surface Adaptor 52152CLR 0 0 FK120V-Single Fusing FK120V 0 o FK277V-Single Fusing FK277V DFK208,240V-Double Fusing DFK208,240V DFK480V-Double Fusing DFK480V FK347V-Single Fusing FK347V L 4 6 I I 1 ` J CITY OF BOZEMAN ` REPRINT * CUSTOMER RECEIPT *** Oper: PROFCASH Type: EP Drawer: 1 DOA: 2/24/06 01 Receipt no: 113514 t1 Description Quantityy Amount PO PLANNED UNIT DEVELOPMENTS t 1.00 $500.00 MITCHELL DEVELOPMENT GP Tender detail CK CHECK 1909 $500.00 Total tendered $500.00 Total payment $500:00 Trans date: 3/08/06 Time: 11:25:24 THANK YOU! ODMORMSON ❑❑ MMERLE,INC. LETTER OF TRANSMITTAL An Employee-Owned Company 901 Technology Blvd. Date: March 8, 2006 P.O. Box 1113 Bozeman, MT 59771 V Job No.: 3638.003 Phone: (406) 587-0721 FAX: (406) 587-5238 Attention: Dave Skelton DEPARTN ENT OF PLANNING AND CO!:71"'NIT Y DEVELOPMENT RE: The Bozeman Gateway------- Development Review Application TO: Dave Skelton City of Bozeman Planning Department P.O. Box 1230 Bozeman, MT 59771-1230 We are sending you the following items: ® Attached ❑ Under separate cover via ❑ Shop Drawings ❑ Prints El Plans El Specifications ❑ Change Order ❑ Copy of Letter ❑ Contract Documents ❑ Pay Request ❑ Addendum ® Other: Copies Date No. . Description 1 3-06-06 Development Review Application 1 3-06-06 Site Plan Check List 1 3-06-06 Planned Unit Development Check List 1 3-06-06 Review Fee Check in the amount of$500 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ No exceptions taken ❑ Submit specified item ® For your use ❑ Make corrections noted ❑ Prints returned after loan to us ❑ As requested ❑ Revise and resubmit ❑ For your files ❑ For review and comments ❑ Rejected ❑ REMARKS: Dave, attached is the Development Review Application for a PUD and the Fee required for review. If you should have any questions don't hesitate to contact me or Ted Mitchell. Copy to: File i Signed: If enclosures are not as noted, please advise. J _ 0 • CITY OF BOZEMAN q, DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 . . 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman,Montana 59771-1230 wwmbozema .net IFECIEUVIE11 DEVELOPMENT REVIEW APPLICATION n1 MAR 0 8 2006 1.Name of Project/Development: THE BOZEMAN GATEWAY SUBDIVISION P DEPARTMENT AN 2. Property Owner Information: Name: Mitchell Development Group,LLC E-mail Address: mitchell_dev@sofast.net Mailing Address: c/o Ted Mitchell,P. O. Box 738,Great Falls,MT 59403 Phone: 406-761-4400 FAX: 406-761-4401 3.Applicant Information: Name: Mitchell Development Group,LLC E-mail Address: mitchell—dev@sofast.net Mailing Address: c/o Ted Mitchell,P.O.Box 738,Great Falls,MT 59403 Phone: 406-761-4400 FAX: 406-761-4401 4.Representative Information: { Name: Morrison-Maierle,Inc E-mail Address: ullman@m-m.net Mailing Address: c/o Jim Ullman,P. O.Box 1113,Bozeman,MT 59771 Phone: 406-587-0721 FAX: 406-587-1176 5. Legal Description: Tract 2A of the amended plat of West College Minor Subdivision,No. 195-A 6. Street Address: see# 5 above 7. Project Description: Mixed-used,planned unit development 8.Zoning Designation(s): B-2 9. Current Land Use(s): Vacant 10. Bozeman 2020 Community Plan Designation: Community Commercial Page 1 Appropriate Review Fee Submitted ❑ 11. Gross Area: Acres: 72.2 Square Feet: 3,145,011 12.Net Area: Acres: 50.9 Square Feet: 2,216,789 13. Is the Subject Site Within an Overlay District? Yes,answer question 13a ❑ No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑✓ Entryway Corridor 14.Will this application require a deviation(s)? ❑ Yes Q No 15.Application Type (please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ✓❑Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑ D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑ G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑X.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K.Conditional Use Permit ❑Z. Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper no-smaller than 8/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s)and the property owner(s)(if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I (We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: Date: Applicant's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked"No"or"N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following: Design Review Board(DRB)Site Plan Review Thresholds Yes No 1. 20 or more dwelling units in a multiple household structure or structures ❑ 0 2. 30,000 or more square feet of office space, retail commercial space, service commercial space or ✓❑ ❑ industrial space 3• More than two buildings on one site for permitted office uses, permitted retail commercial uses, ❑ ✓❑ permitted service commercial uses,permitted industrial uses or permitted combinations of uses 4• 20,000 or more square feet of exterior storage of materials or goods ❑ ✓❑ 5. Parking for more than 60 vehicles ✓❑ ❑ B. General Information. The following information shall be provided for site plan review: General Information Yes No N/A 1• Location map,including area within one-half mile of the site ❑✓ ❑ ❑ 2. List of names and addresses of property owners according to Chapter 18.76,BMC (Noticing) ❑ ❑ ❑ 3• A construction route map shall be provided showing how materials and heavy equipment will ❑ ❑ ✓❑ travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety 4• Boundary line of property with dimensions Q ❑ ❑ 5. Date of plan preparation and changes ❑✓ ❑ ❑ 6• North point indicator ✓❑ ❑ ❑ 7. Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet 0 ❑ ❑ 8• Parcel size(s)in gross acres and square feet ❑✓ ❑ ❑ 9• Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), ❑✓ ❑ ❑ with a breakdown by land use 10. Location,percentage of parcel(s)and total site,and square footage for the following: a. Existing and proposed buildings and structures ✓❑ ❑ ❑ b. Driveway and parking Q ❑ ❑ C. Open space and/or landscaped area,recreational use areas,public and semipublic land, Q ❑ ❑ parks,school sites,etc. d. Public street right-of-way Q ❑ ❑ 11. Total number, type and density per type of dwelling units, and total net and gross residential ❑ ❑ ✓❑ density and density per residential parcel 12. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, ❑Q ❑ ❑ compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of employee and non-employee parking spaces, existing and proposed, and total square footage of each Page 3 (Site Plan Checklist—Prepared 12/05/03;revised 9/22/04) General Information,continued Yes No N/A 13. The information required by Section 18.78.0601, BMC (Streets, Roads and Alleys), unless 0 ❑ ❑ such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed,or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application 14. Description and mapping of soils existing on the site, accompanied by analysis as to the ❑✓ ❑ ❑ suitability of such soils for the intended construction and proposed landscaping 15. Building design information(on-site): a. Building heights and elevations of all exterior walls of the building(s)or structure(s) ❑✓ ❑ ❑ b. Height above mean sea level of the elevation of the lowest floor and location of lot 0 ❑ ❑ outfall when the structure is proposed to be located in a floodway or floodplain area C. Floor plans depicting location and dimensions of all proposed uses and activities ❑ ❑ ✓❑ 16. Temporary facilities plan showing the location of all temporary model homes, sales offices Cl ❑ ✓❑ and/or construction facilities,including temporary signs and parking facilities 17. Unless already provided through a previous subdivision review, a noxious weed control plan 0 ❑ ❑ complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation Plan) 18. Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC I Q I ❑ I ❑ (Supplementary Documents) C. Site Plan Information. The location,identification and dimension of the following existing and proposed data,onsite and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way, unless otherwise stated: Site Plan Information Yes No N/A 1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning 0 ❑ ❑ Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet,except for sites adjacent to ❑ ❑ major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way ❑✓ ❑ ❑ 4. Ingress and egress points ❑✓ ❑ Cl 5. Traffic flow on-site ❑ ❑ ❑ 6. Traffic flow off-site ❑✓ ❑ ❑ 7. Utilities and utility rights-of-way or easements: a. Electric ❑✓ ❑ ❑ b. Natural gas ✓❑ ❑ ❑ C. Telephone,cable television and similar utilities ✓❑ ❑ ❑ d. Water ❑ ❑ ❑ e. Sewer(sanitary,treated effluent and storm) ❑✓ ❑ ❑ 8. Surface water,including: a. Holding ponds,streams and irrigation ditches ✓❑ ❑ ❑ b. Watercourses,water bodies and wetlands 0 Cl ❑ C. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be ❑ ❑ ❑ identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis d. A floodplain analysis report in compliance with Chapter 18.58, BMC (Bozeman ❑ ❑ ❑ Floodplain Regulations)if not previously provided with subdivision review Page 4 Site Plan Information,continued Yes No N/A 9. Grading and drainage plan, including provisions for on-site retention/detention and water 0 ❑ ❑ quality improvement facilities as required by the Engineering Department, or in compliance with any adopted storm drainage ordinance or best management practices manual adopted by the City 10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway(where appropriate) ❑ ❑ ❑ b. The downstream conditions(developed,available drainageways,etc.) ❑ ❑ ❑ C. Any downstream restrictions ❑ ❑ ✓❑ 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant ❑ ❑ ✓❑ topographic features 12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details 0 ❑ ❑ and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict 13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, ❑ ❑ ❑ parking spaces, handrails and curb cuts, including construction details and the applicant's certification of ADA compliance 14. Fences and walls,including typical details ❑✓ ❑ ❑ 15. Exterior signs. Note—The review of signs in conjunction with this application is only review 0 ❑ ❑ for compliance with Chapter 18.52,BMC (Signs). A sign permit must be obtained from the Department of Planning and Community Development prior to erection of any and all signs. 16. Exterior refuse collection areas,including typical details Q ❑ ❑ 17. A site plan,complete with all structures,parking spaces,building entrances,traffic areas (both ✓❑ ❑ ❑ vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in Section 18.78.060.R,BMC (Lighting Plan),if not previously provided 18. Curb,asphalt section and drive approach construction details ❑✓ ❑ ❑ 19. Landscaping-detailed plan showing plantings,equipment,and other appropriate information ❑ ❑ ❑ as required in Section 18.78.100, BMC (Submittal Requirements for Landscaping Plans). If required,complete section C below 20. Unique natural features,significant wildlife areas and vegetative cover,including existing trees ❑✓ ❑ ❑ and shrubs having a diameter greater than 2.5 inches,by species 21. Snow storage areas 0 ❑ ❑ 22. Location of City limit boundaries,and boundaries of Gallatin County's Bozeman Area Zoning Q ❑ ❑ Jurisdiction,within or near the development 23. Existing zoning within 200 feet of the site ✓❑ ❑ ❑ 24. Historic, cultural and archeological resources, describe and map any designated historic ❑✓ ❑ ❑ structures or districts,and archeological or cultural sites 25. Major public facilities,including schools,parks,trails,etc. d❑ ❑ ❑ D. Landscape Plans. If a landscape plan is required,the following information shall be provided on the landscape plan: Landscape Plan Information Yes No N/A 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the 0 ❑ ❑ property owner and the person preparing the plan 2. Location of existing boundary lines and dimensions of the lot ❑ ❑ Page 5 I — • Landscape Plan Information,continued Yes No N/A 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the Q ❑ ❑ location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys,utility easements, utility lines,driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name,street address,and lot and block description Q ❑ ❑ 5. Location,height and material of proposed screening and fencing(with berms to be delineated ✓❑ ❑ ❑ by one foot contours) 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer ❑/ ❑ Cl strips 7. Complete landscape legend providing a description of plant materials shown on the plan, ✓❑ ❑ ❑ including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation,heights,spread and spacing.The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking ❑✓ ❑ ❑ and loading areas,including information as to the amount(in square feet)of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces 9. An indication of how existing healthy trees (if any) are to be retained and protected from ❑ ❑ Q damage during construction 10. Size,height,location and material of proposed seating,lighting,planters,sculptures,and water 0 ❑ ❑ features 11. A description of proposed watering methods ❑/ ❑ ❑ 12. Location of street vision triangles on the lot(if applicable) ✓❑ ❑ ❑ 13. Tabulation of points earned by the plan — see Section 18.48.060, BMC (Landscape ❑✓ ❑ ❑ Performance Standards) 14. Designated snow removal storage areas ❑✓ ❑ ❑ 15. Location of pavement,curbs,sidewalks and gutters ✓❑ ❑ ❑ 16. Show location of existing and/or proposed drainage facilities which are to be used for ❑,/ ❑ ❑ drainage control 17. Existing and proposed grade Q ❑ ❑ 18. Size of plantings at the time of installation and at maturity ❑� ❑ ❑ 19. Areas to be irrigated ❑✓ ❑ ❑ 20. Planting plan for watercourse buffers,per Section 18.42.100,BMC (Watercourse Setbacks),if ❑✓ ❑ ❑ not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not ❑/ ❑ ❑ otherwise provided by the application. Show open stairways and other projections from exterior building walls Page 6 PLANNED UNIT DEVELOPMENT CHECKLIST The appropriate checklist shall be completed and returned as part of the submittal. Any item checked"No" or "N/A" (not applicable)must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. ❑ Planned Unit Development—Concept Plan. The following information and data shall be submitted: PUD Concept Plan Information Yes No N/A 1. Data regarding site conditions,land characteristics,available community facilities and 0 ❑ ❑ utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land 2. Conceptual (sketch) drawing showing the proposed location of the uses of land, ✓❑ ❑ ❑ major streets and other significant features on the site and within one-half mile of the site 3. A computation table showing the site's proposed land use allocations by location and ❑ ❑ as a percent of total site area B. ❑ Planned Unit Development—Preliminary Plan. The following information and data shall be submitted: PUD Preliminary Plan Information Yes I No N/A 1. The following information shall be presented in an 8'h-by 11-inch vertically bound document.The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: a. Application forms ❑ ❑ b. A list of names of all general and limited partners and/or officers and 0 ❑ ❑ directors of the corporation involved as either applicants or owners of the planned unit development C. Statement of applicable City land use policies and objectives achieved by the ✓❑ ❑ ❑ proposed plan and how it furthers the implementation of the Bozeman growth policy d. Statement of the proposed ownership of open space areas ✓❑ ❑ ❑ e. Statement of the applicant's intentions with regard to future ownership of all ✓❑ ❑ ❑ or portions of the planned unit development f. Estimate of number of employees for business, commercial and industrial ✓❑ ❑ ❑ uses g. Description of rationale behind the assumptions and choices made by the ✓❑ ❑ ❑ applicant h. Where deviations from the requirements of this title are proposed, the ✓❑ ❑ ❑ applicant shall submit evidence of successful, completion of the applicable community design objectives and criteria of Section 18.36.090 (PUD Design Objectives and Criteria),BMC.The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The Planning Director may require,or the applicant may choose to submit,evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion shall be described i. Detailed description of how conflicts between land uses of different character 0 ❑ ❑ are being avoided or mitigated j. Statement of design methods to reduce energy consumption, (e.g., ✓❑ ❑ ❑ home/business utilities,transportation fuel,waste recycling) Page 3 (PUD Checklist—Prepared 12/2/03,revised 9/21/04) • � .. , 1 �� ... 1 �� .� ,.' -_ I {. � 9 _ I, � _ ' r 'r 1 , r , � _ .�� y4 1 .n �.r , 1 �• �� , r ., �� t .. i 1 S { �. tl , 1 I . ' .. � I � J a � t .. _� - � ...� 1� 12' 1 � .. �'� _ 1 ` • PUD Preliminary Plan Information,continued Yes No I N/A 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: k. A development schedule indicating the approximate date when construction ✓❑ ❑ ❑ of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas j. One reduced version of all preliminary plan and supplemental plan maps and Q ❑ ❑ graphic illustrations at 8'/2-by 11-inches or 11-by 17-inches size 2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be included on the site plan: a. Notations of proposed ownership, public or private, should be included ✓❑ ❑ ❑ where appropriate b. The proposed treatment of the perimeter of the planned unit development, ✓❑ ❑ ❑ including materials and techniques used, such as screening, fences,walls and other landscaping C. Attorney's or owner's certification of ownership ❑ ❑ 3. Viewsheds: a. Looking onto and across the site from areas around the site,describe and map IZI ❑ ❑ the views and vistas from adjacent properties that may be blocked or impaired by development of the site b. Describe and map areas of high visibility on the site as seen from adjacent ❑ ❑ ❑ off-site locations 4. Street cross-section schematics shall be submitted for each general category of street,including a. The proposed width Q ❑ ❑ b. Treatment of curbs and gutters,or other storm water control system if other ❑✓ ❑ ❑ than curb and gutter is proposed C. Sidewalk systems ✓❑ ❑ ❑ d. Bikeway systems,where alternatives to the design criteria and standards of the 0 ❑ ❑ City are proposed 5. Physiographic data,including the following. a. A description of the hydrologic conditions of the site with analysis of water Q ❑ ❑ table fluctuation and a statement of site suitability for intended construction and proposed landscaping,in compliance with Section 18.78.120.B.3.c,BMC b. Locate and identify the ownership of existing wells or well sites within 400 ✓❑ ❑ ❑ feet of the site G. If the project involves or requires platting,a preliminary subdivision plat, subject to ✓❑ ❑ ❑ the requirements of this title relative to subdivisions,shall be submitted 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, BMC, at the 0 ❑ ❑ discretion of the City Engineer,a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines,and shall address impacts upon surrounding land uses.The Director of Public Service may require the traffic impact analysis to include the information in Section 18.78.050.L, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement 8. If the development's compliance with the community design objectives and criteria is ❑✓ ❑ ❑ under question,the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development 9. A proposed draft of a legal instrument containing the creation of a property owner's Q ❑ ❑ association sufficient to meet the requirements of Section 18.72.020 (Property Owners Association),BMC shall be submitted with the preliminary plan application Page 4 '., l ._ _ _ ., ,�, - �i 1 .�. .. r . .r . . � � ,, . ' , �. . ,/ t_ r .' �„ ! 1 4.4 I r I . 1 i r �� .� } � ' - j. . i �, a � �. � � .. �. �� I - � ` „ ,.. ', •� f ' • ,•�, ,r I ., .. a � , r �i .. I, . . r - � ... II _. r C. ❑ Planned Unit Development—Final Plan. The following information and data shall be submitted: PUD Final Plan Information Yes No N/A 1. A fist of names of all general and limited partners and/or officers and directors of ❑ ❑ the corporation involved as either applicants or owners of the planned unit development 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan.If a different scale is requested or required,a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. The final plan site plan shall show the following information: a. Land use data(same information as required on the preliminary site plan) ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat Q ❑ ❑ C. Attorney's or owner's certification of ownership Q ❑ ❑ d. Planning Director certification of approval of the site plan and its Q ❑ ❑ conformance with the preliminary plan e. Owner's certification of acceptance of conditions and restrictions as set forth ❑ ❑ ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the ✓❑ ❑ ❑ approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48(Landscaping),BMC 4. An official final subdivision plat of the site must accompany the final planned unit 0 ❑ ❑ development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits 5. Prior to submission of the final plan to the DRC and ADR staff, engineering plans ❑ ❑ ❑ and specifications for sewer, water, street improvements and other public improvements,and an executed improvements agreement in proper form providing for the installation of such improvements,must be submitted to and approved by the City 6. A plan for the maintenance of open space, meeting the requirements of Section ❑ ❑ ❑ 18.72.040(Common Area and Facility Maintenance Plan and Guarantee),BMC,shall be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan Page 5 ,. ol 01 ,c . LJ it . • � 1. . . ., � � ' LJ 't J N. CITY OF BOZEMAN ` DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 CI 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net December 21, 2005 Ted Mitchell Mitchell Development Group, L.L.C. P.O. Box 738 Great Falls, MT 59403 Greg Stratton Morrison-Maierle, Inc. 901 Technology Boulevard P.O. Box 1113 Bozeman, MT 59771-1230 RE: The Bozeman Gateway Subdivision P.UD. Zoning Application #Z-05217. Dear Ted and Greg, On Monday, December 12, 2005 the City Commission conditionally approved the application for a Conditional Use Permit for the Bozeman Gateway Subdivision Preliminary P.U.D. Plan to develop a mixed- use commercial, professional office and retail planned unit development on 72.2 acres legally described as Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A located in the NW '/a of Section 15,T2S, R5E,P.M.M., City of Bozeman, Gallatin County, Montana. The proposal was evaluated against the review criteria and requirements of the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The City Commission's decision was based on the fact that, with conditions, the proposal will not be detrimental to the health, safety, or wen;are of the community, and is in harmony with the purpose and intent of the Bozeman Unified Development Ordinance and the adopted Growth Policy. The decision of the City Commission is final. The conditions of approval are as follows: 1. The PUD shall comply with all approved conditions of the subdivision preliminary plat approval. 2. Conditional approval of the Preliminary P.U.D. Plan and final approval of the Final P.U.D. Plan for Bozeman Gateway Subdivision P.U.D. by the Planning Director is limited to the approval of the master plan and development guidelines of the Development Manual only. Approval does not exempt the applicant from compliance with all provisions of the Bozeman Municipal Code, which are applicable to this project and site plan review of individual projects within the P.U.D. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not, in any tray, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. Prior to submitting for.Final Plat review and approval of the initial phase(s) for the Bozeman Gateway Subdivision P.U.D. the applicant shall obtain Final P.U.D. approval by the Planning Director. A draft planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination of the revised protective covenants and restrictions for the property owner's association, preliminary draft of.the Final P.U.D. Plan and Development Manual addressing all of the conditions o approval and outlined in the staff report shall be submitted for review by the City Commission, Planning Office and D.R.B. a minimum of thirty (30) days prior to submitting for final plat review and approval of the initial phase(s) of the subdivision. 4. The landscape features and trail improvements along the West Main Street entryway corridor that front onto US 191/Huffine Lane and West Garfield Street shall be installed with Phase 1 of The Bozeman Gateway Subdivision P.U.D. 5. That all pedestrian/bicycle crossings and walkways with streets be given greater emphasis by using similar pavers that reflect the surface treatment of public plazas and areas of outdoor social activities. Connections between streets, off-street parking lots, and public areas should also be given attention in terms of raised walkways, pavers, pedestrian lighting and landscape features. The Final PUD Plan will contain a written narrative and detailed plan in the Development Manual whereby the project provides a public information shelter and map display area along the West Main Street entryway corridor. This area will serve as a regional trail connection point for pedestrians and bicycles along the corridor. 6. Pathways must be maintained by the developer in conformance with the approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner's association is responsible for pathway maintenance (Section 18.50.110 ). Plans and specifications for the trail will need to be reviewed by the Parks Department prior to construction. A Type II Class trail is recommended along the watercourse corridor with the placement of appropriate pedestrian crossings at all intersections with interior subdivision streets. A typical cross section of the public trails, Both Type I and Type II, shall be included in the landscape guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval.. 7. Provisions for a transit stop within the interior of the PUD and an information center along the West Main Street entryway corridor shall be incorporated into the site design for review and approval with the Final PUD Plan. A written explanation, illustrations and details shall be included in the Development Manual for review and approval. 8. The public streetscape shall contain a regular spacing of boulevard trees along all streets._ both public and private, in concert with landscape features and screening of off-street parking lots; primarily, areas along West Garfield Street and US Highway 191/West Main Street. All trees to be installed in the boulevards, off-street parking lots, common open space areas, public plazas and individual subdivision lots will be installed at 2-inch caliper in diameter. Street character along the West Main Street entryway corridor, Fowler Avenue and Garfield Street shall call for architectural features that suggest a presence of store fronts, plazas, fenestration treatment and architectural details that reflect the Iif?style center" concept. . The Development Manual shall contain said language to insure implementation of said streetscape features. 9. Commercial and retail drive-thrus and associated apprentices (speaker phones, signage, ATM, canopies, etc.) shall not front onto the entryway corridor or corner-side of the building and will not impact the building facade of the satellite structures along the streetscape. The Development Manual will provide a typical illustration that speaks to this provision prior to Final PUD Plan approval. 10. The Final PUD Plan and Development Manual shall discuss the treatment of street intersections that are enhanced by pedestrian-friendly entrances, plazas or design features such as benches and landscape planters. Building entrances near the sidewalk edge that contain an entry plaza should also be Page 2 considered at the intersections of local streets with Technology Boulevard and not only in the commercial area, but also along the business park/professional office corridors. This would also apply at the corner of Fowler Avenue and West Garfield Street. If it is the decision to locate the grocery store at the southeast corner of West Main Street and Fowler Avenue, a building entrance and plaza must occur along the entryway corridor, preferably at the northwest corner of the building. 11. The Development Manual and Landscape Plan shall address the treatment of drainage basins in the open space corridors with regard to placement of said facilities and outlet structures. These facilities must be properly landscaped and prevent any impact on the landscape features along these corridors. Specific landscape details will be required with the final landscape plan to demonstrate proper landscape of the facilities. The landscape guidelines shall state that drainage basins will not eliminate the installation of landscape and landscape features as depicted on the Preliminary PUD Plan; and if so, will be replaced outside of the open space corridors. A landscape architect shall certify on the Landscape Plan that landscape features installed over or around areas that contain a drainage basin in the open space corridor will not be impacted. 12. That the landscape guidelines of the Development Manual state that the surface ponds along West Main Street are not part of the storm water facilities and will be maintained as landscape feature along the entryway corridor. Provisions will be discussed in the protective covenants and Development Manual that will limit the fluctuation of said ponds to ensure that they remain an effective landscape feature along the entryway corridor. Should the design and installation of the surface ponds result in problems with fluctuation :and are not considered an effective landscape.-element of the entryway corridor, resolution of the problem shall be resolved prior to the-filing of the final plat for the second.phase(s).of the major subdivision. 13. The water features along the West Main Street entryway corridor shalll be designed as open space amenities as organic in shape and form, and lined with appropriate aquatic and wetland features, native grasses and indigenous plants. Provisions will outlined in the Development Manual and/or protective covenants that The P.U.D. Landscape Plan shall include landscape plan of the water features for review and approval prior to Final P.U.D. Plan approval. Side slopes for the water features shall not exceed 25% slope. 14. The final Landscape Plan shall specifically address landscape details for the three open corridors, two public trails within the north off-street parking lot, and West Main Street entryway corridor. Detailed landscape plans shall also be included for the two public plazas within the interior of the lifestyle center and the small public spaces along the north/south water courses. Prior to Final PUD Plan approval the Landscape Plan shall be submitted to the Planning Office and D.R.B. for approval. 15. The final Landscape Plan shall expand on the types of vegetation sought within the design standards and should a stronger emphasis on clustered landscape features, low-profile vegetation, native type species, vegetation along the watercourse corridors and West Main Street entryway corridor, flowering and perennial species, and ground cover. The design standards shall specifically discourage the use of "pea" gravel or decorative 1 3/4" to 2" washed rock gravel, or less. All landscape islands that include decorative rock or gravel as a groundcover shall specify."river rock" or equal in the landscape plan. 16. That the applicant will provide surface finish elevations for all parking lots and building finished floor elevations with respect to associated watercourse features. The Development Manual and protective covenants shall state that all open space areas and associated watercourse setbacks will remain. undisturbed unless otherwise approved by die Planning Office. All grade transitions between off-street Page 3 J parking lot areas and abutting watercourse open space areas shall not exceed a maximum slope of 4:1, or 25% slope. 17. The Bozeman Design Objectives Plan states that the following elements must be achieved in order to reduce the perceived mass of a building: a change in color or change in material shall be used in each building module; a 20% change in vertical height between each module; change roof form; change in articulation. The architectural guidelines should discuss components that help to establish a human scale along the facade, store fronts, primary entrances '(i.e., one-story. elements). Expression of each floor in the external skin.and use of materials should also be noted. The Development Manual will need to provide illustrations for each of these guidelines as discussed and revise any illustrations proposed in the Development Manual that do not reflect said criteria. 18. The architectural guidelines for the development suggest that the Convenience Center, Outparcels and Office-Professional areas will incorporate the architectural vocabulary of the lifestyle center. However, modifications will be required due to the significant variation in building type and scale. The Development Manual goes on to state that an exact determination of which entities will be responsible for which elements of design and construction will be determined by individual lease or sales agreements. In-lieu of this, the Development Manual shall give specific attention to each of these areas of the mixed-use development and identify what must be achieved in each of these areas to maintain the architectural integrity of the overall development theme. The Development Manual shall graphically address the presentation of building facades that face onto the public streets (i.e., West Main Street entryway corridor, Fowler Avenue and West Garfield Street) and through the use of illustrations illustrate the architectural theme sought with the "lifestyle center of the Bozeman Gateway Subdivision. This also applies as well to the professional office, business park and convenience components of the development, as well as the rear facades of both sides of the "lifestyle" center situated along Technology Boulevard. 19. The architectural guidelines of the Development Manual will be modified to state that not more than 25% of any of the building facades shall be covered with a synthetic surface. 20. The Development Manual will discuss presentation onto a street regardless if it's the main street for the lifestyle center, private street or a public street with respect to a formal entrance, store fronts, covered entrances, and public spaces. 21. Section V of the Development Manual - "Review Procedures of the Development Manual" shall be revised to clarify that the site plan review process for individual projects within the planned unit development are not an informal review by the City of Bozeman and shall instead follow the prescribed site plan review process outlined in the City of Bozeman Unified Development Ordinance. The Manual shall further note that with site plan review applications for each building project shall include in the submittal detailed elevations, floor plans, landscape plan, site plan, colored rendering, accurate color palette, and materials sample board specific to said project 22. No corporate or franchise style architecture shall be permitted in the Bozeman Gateway Subdivision and noted accordingly in the Development Manual and the protective covenants and restrictions of the property owner's association documents. 23. The general building materials theme and color palette shall be continued throughout all phases of the development. The types of cultural stone to be used throughout the project shall be reviewed and Page 4 approved by the D.R.B. and A.D.R. staff as part of the Final P.U.D. Plan and noted accordingly in the Development Manual. 24. The Development Manual shall be modified to specifically state that all roof top mechanical equipment will be properly screened through the use of proper architectural screening techniques or with parapet walls that will reach a height that is equal or greater than the top of all mechanical equipment. Any ventilation for plumbing or air exchange that is not mechanical related equipment shall be painted to match the color palette of the roof,and/or architectural screening. 25. All of the buildings on the perimeter of the development shall have a second store front (double fronted design) that is oriented towards the streetscape and shall include a colonnade and a sidewalk connection to the perimeter sidewalk/trail system. All corner buildings shall include a type of desi.il,,n feature directed towards the corner (a concave area or a bump-out constructed of transparent materials) and shall be noted accordingly in the Development Manual. Any additional exhibits presented to he D.R.B. and City Commission that are found acceptable shall be included in the Development Manual_ 26. The backside of the buildings shall be addressed by the continuation of similar materials on all sides of the building(s) with similar architectural features, light fixtures, materials, color palette and awnings over the doors on the rear or back elevations. 27. The development guidelines shall contain language for all store fronts:that encourages the use of dark bronze anodized, or similarly darker frames,in-lieu of the brushed stainless steel finish. 28. Sconce lights.and goose neck lights (down lights only) shall be added to the larger retail buildings.(over 1.5;000 square feet). Exposed, unshielded neon tube lighting and continuous L.E.D. string lighting are not permitted in the planned unit development and shall be noted accordingly in the Development Manual and protective covenants of the property owner's association. The lighting guidelines may indicate that neon lighting and L.E.D. lighting may be used as a subtle lighting element under the soffits, behind the fascia or in the sign package (i.e., backlit feature) as an indirect, obscure lighting detail. 29. The architectural guidelines of the Development Manual shall contain language that discourages the use of translucent or transparent awnings and shall instead be opaque in material through the use of fabric or metal materials only. 30. Those areas of the building facade to be finished in a synthetic material (i.e., E.F.I.S., dryvi=, stucco or similar finish) shall place a strong emphasis on the treatment, color palette and variation in joint detail and pattern, relief and architectural detail,.and noted accordingly *n the Development Manual. 31. All crossings within the Planned Unit Development shall be constructed with scored concrete or pavers similar to the surface materials installed throughout the public outdoor public areas. The crossings shall be noted as such on the Final PUD Plan and details for the pattern(s) shall be provided in the final development guidelines. 32. Larger seating areas with planters shall be installed throughout the plazas and public areas and a typical detail of the planters included in the Development Manual. 33. The development guidelines shall indicate that no backlit cabinet type "box" signs will be permitted in each phase of the development unless a three-dimensional component is included that creates a sense of architectural relief and where no plastic, translucent or transparent face are permitted. This shall be addressed in the comprehensive signage plan for the planned unit development and shall be submitted Page 5 to the Planning Office prior to Final PUD approval that depicts a sign package that exhibits qualities of style,relief and compatibility. 34. A common master signage plan depicting the actual location, dimensions, height, illumination and use of materials for all freestanding signs shall be submitted for review and approval prior to Final PUD Plan approval. Both the pylon signs and monument signs shall be constructed of materials compatible with the overall building design theme for the development and illustrated accordingly in the Development Manual. All signs shall obtain a sign permit prior to construction and instaLation, and shall comply with the required regulatory standards set forth in the Unified Development Ordinance. The Development Manual will need. to include a graphic component of the master sign plan for the entire property that reflects the theme desired with this P.U.D. This includes discussion on the position of signs as part of the overall building composition; avoid obscuring architectural details, materials, and use of color and relief, three-dimensional signage, placement of freestanding signs along street frontages, entrances into the development, and addressing required setbacks and street vision triangles. I 35. The north off-street parking lot in Phase 4 will replace two off-street parking spaces along each of the two watercourse open space corridors for the placement of an 18' by 18' public area wit_z benches, pavers and landscape features. A typical detail of this area shall be illustrated accordingly in the Development Manual as part of the landscape guidelines and the final Landscape Plan for the development. The watercourse corridors shall have a minimum width of not less than thirty feet, . :exclusive of the 18' by 18'public area. 36. The applicant shall implement an "Off-Street Parking Lot Implementation Plan" for each phase of the planned unit development that ensures adequate parking facilities are available for the general.public in each phase of the P.U.D. The gross floor area of.buildings in each phase will be determined based on the ability to comply with the required minimum off-street parking.standards outlined in the Unified Development Ordinance. This will be furthei addressed during site plan review of each individual project. The applicant shall further provide a notation on the subdivision plats and in the protective covenants and Development Manual that all off-street parking areas located within the development will be held to a reciprocal shared parking easement and agreement for use by the general public. 37. All parking lot lights and internally illuminated signs shall be turned off within one hour of closing, unless otherwise approved by the Planning Director of City Commission during site plan rev-ew of each individual project within The Bozeman Gateway Subdivision P.U.D. Only security lig-fits will be permitted to remain on throughout the night. 38. The City of Bozeman shall be party to any modifications, changes or amendments to the protective covenants and restrictions and to the Development Manual for The Bozeman Gateway Subdivision P.U.D. as it relates to the conditions of approval for the subdivision Preliminary Plat and zoning P.U.D. Preliminary Plan. 39. That the applicant submit an implementation plan for a residential component of seventy (;0) or more residential dwelling units with a substantial number of dwelling units located in the core of the development, prior to review and approval of Phase 2. 40. That all site plan review applications within the subdivision will be subject to review by the Design Review Board. 41. That office buildings 3, 4, and 5 in Phase 3 be rotated to front onto Garfield Street. Page 6 r 4-2. Building heights will be permitted not to exceed a height of sixty-five (65) feet based on the merits of a residential component for the planned unit development. Said approval includes modifications by the City Commission to the Planning Board's recommended conditions #3, #36, and #38, as well as the addition of conditions #39, #40, #41, and #42 by the governing body. Staff would recommend that you schedule a meeting at your earliest convenience to discuss the details of the conditional approval and how it will effect your construction schedule. Please feel free to contact me at 582-2260 if you have any questions regarding the above comments, status of the applications or the review process in general. Sincerely, �r Dafd P."Skelton Se i r Pl`nner cc: Planning File No. P-05049 Zoning File No. Z-05217 Page 7