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Lowe's PUD Z-05128 Draft Final Site Plan it i i i �� 1~ mr t __ 472 _ ___ P RE - - -• .: _- BARTER LANE -.-�.~ z '\"___75 � -72�a- '=B 'S� i \ _` 2N oVr�JIONS STE - - ����� FINA a r4 _ L`SIT�*PLAN AND - - - e ' DATE DESCRIPTI N�UN'f`DEVELO VENTFINAL ANND 1 -- - - - 01 5 r Y� L '.. - Y`5��}�Y�n'.ry�'SS;, x, �tY,.% � .�_ \...: r'-«; ., �....,.y �c M .:.��'/x` ";` 'p•- / _.JI'� � \ ,�' �'. , 25 GREEN AY';. . ,, za"��„'vim:.:'<.-. r:'� � ., '�✓- � �"• u. IN ^r LOCATED N 11 ... W v . .• / ` �5 OPENSPACE/ - L ~4730 ag -\\ 1 1 q I <` �,y '`c?�>`y' `5aY'°4/�`S` 4.5�' r �\. VALL/-'�T�\, -.IVIIJAIVf-1 - �~ J 1 \yam `�ROROSED SItlN \ 1 � [yam •v��r� 4 - �..�,�< ,� �. +�q, - 3 ._ 1 j, ' / \ - `\q) \ '. �..'`" `' -.I� DIOTi (�! :; ,`_ *ram _ `'F. r'' rC��r`4` IN .; ,-` ,. 7 •'1 LOT3. 3 \ 7 T" ` ,.1''�i7.... t .. Sx.v �a' ✓ : ' - w .. - / ,, \ Y � MORRISON-MAIERLE, INC m� \ \ `.I - t {-. •ti r ' ',•:& " '�,y'• ,�yr .:,. �rf ,� 306 W. RAILROAD STREET. SUITE405_,-^-- ,�-� ,r • •y B ,., ^.e^""=Z�y}:' X �i. • -. � �. -.... ""k., s x`. ,t �X MISSOU .MT 59802. - stew. d::� , .-� � \ i r � ''.r• � „•:''a'"'�. J"..R^f`q,xtY�.x'` ��.,r. f �-�v�t���.�\ 1� ...��...�,,•, r s Q� ' ��i,,,r r;r., -,, - t- -. .., : ::., \ k( - t,:._,.. _ •. ,tvy,.sF,,;,;x ,'+ ay`y' .,�^=^--„ ' Fu PPLICAN. 'THI. _�x`A „�33 "1r� V , tt f F ` i i -./ •„::.-. :: \ .� ✓ � - -� i II ', -h*.'ri;r,�r"q�'�`J^a 2' - :.; "{:�=c�'"k�,�, ;%-��,"°",y,,:� 'f LOWE S• / - �.'�- 1 -.yz3�\ II�^t 4 Sz;4r�-r'.. .�'���-•''�.,r'�r y�,,r>'"^rz4`4 t'y'T V.r.Gv✓".,cy''�.,;-,�`�'7 S',.qI.4r 1tY .;.''��J`.•.„'u�,r��5 ���e.�"'•k,�±r'`i z ti'.''/�`-.�r�,�E�IPEO4N N O.~]�vt���`•-Ti..r'',r-,��_„�•`/`'S�--•.-,r,(".,��`a'� �k-� OWNER H4IWr---,Y INC. _ P 1530 FARADAY AVE SUITE 10 "RY�O' - avc sr.CARLSBAD;'.CA 92008 PROPOSED SEWER MAIN STDB- I`i�.-`S. -4730 INSTALL"I•ERARY6.r'`,`-cy :.,•n'•> r"�syk�" r 5. `'. ``^..,,,. 'c�4 Q' " \ PHILIP SACCOCCIA,rJR. �fY �.,., DRAINAGE MPO SWALI I { �T .z'. r>'.�5,+$ ._ ,' 7 _ ;M �."'.#':_. _ .,.," :,.,,., _ .Fs., y1 7; 991 EAST BEACH BOULEVARD:_ _.. € DURMICR, -- - -+ � \ \ �11. I i I -. Zn•vr�'k., �""-`. ��ti� 3c< \";r�.y*\��w 4 ASS HRISTI - ': PROPOS 8� SEWER P'...LEGEND,' wEsr wvN sr. .. AN MS 39571 \ i _. PROPOSED SEWER \ MAI XTENSION PROPOSED WATER MAIN EXTENSION \ \ I i; I /i, - •;� '� �` Z UD OPEN'SPACE OTHER) ' ✓ MAIN EXTENSION \ ✓ 4" GAS MAIN '' _i/ % k ! -STUB- I I ''III y� r.,k`yh'' `c' �' r `' \ ��/ 7 STREAM SETBACK r: �.. .^:'/ \� ` � ( VICINITY MAP I LIT' �' ,.75�; •'''rtY,,: f SN -;:STORAG., �.'rx' �. ,.,:.. •. • �. � --. .., :m}. r.\. ,•. r ;� 5p�'-� - NOT TO SCALE •� : , ^•,:. -nr«`,��` ;GREENWAY OPEN SPACE $ fr:`F`r-','w`3 ;�,:FID"P�, ���L:.. >;.',. �F-.., ., .� .cv S�` .... -7;X', ,.�y'?>'�: -r��^ � - �•Z+ r'k.:.T � I. •. +":-- � s.... �^• .,, .:. .:. ..:. :.: ....--..-.,. :,_.. _.�_,._ :,>. _..HDPE "*'%;�� �bi•: � �� i r < :�: a ...-,..a- .., �.,�:r ,� .,.*, ,•,,.n�. .,,i.. ..a ::8 PVC" -::.. .. ... -. -.;,..:,.�.. - .�. o �� .. ->:. -4v,,. .A ,. ✓.. I Hi-OF-WAY DEDICATION 1 ACRES) 0 �E�:: "-. ',_r�, i •+v,.r x.,4, I .,•<. t w, SS _ 8 SEWER MA STUB ..> •fi - .. � tit,,� 1 "::D P_�a?,•��. ,,zfi,r','�....:..; .Tx:�, _:,... �'". ;: I SS .. � ®.. S .. ..; .5 ' .' v".. - �.� � >T<r�. � R G (.9 C ES) N w �� v h`r� 10 oIP _� t S .i.:. c���,.. �S`�' PUBLIC ACCESS.EASEMENT LOWE'SS/TEDATA �J�H� W � l�J OR PUB \ 1 Z" W MAIN STUD < ' NetAcreage: _ "� /• , - \-, o' 18" HOP \ \ 4- ACCESSIBLE PARKING STALL Lowe's Tract. 15.54 s:: t�a \! •' 18' 20' I /20 1 .II II J _ 1pj r'r BaxterTnact 21.8.9 :C I� i i ,• III _ � \ v / r �' ` YS+,� 0 \ ,r a -'WEMND Total ache Lane Trail 0. 38.13 O I ' 1 15 ' :{ - I / \, ti X r'1 AREA HANDICAP RAMP . \ \ 5- Main Bui/dines.- � yg HYDRANTSalesFloor .. 117,347SF- 3s FIRE HYDRA O/BceArea 3,B94 S.F. El WATER... rit. .:>C ? 'r�. •t' I i1� .\ \ "Rr �,'k:''rS'y� tiG WATER VALVE to,082S.F. UN/ity Rooms .- .1,380 S.F_. .r : y, HDPE •%' r SEWER MANHOLE ✓es66u/es- : • �. , �j zest! \ I , ',_ -- '•D,.. y;' 1 I + :.� '�' '�"` ') I 5 i✓r e,r 1 °T 7 g- (I• \ �X 1 ® STORM SEWER MANHOLE Main Enban� 1,049S.F. LOVWS H.I.W.,INC. Main Exit 331 S,F, ' A", � #x `, J �/ Lumber ��1. - 480SF- 7S30 FARADAY AVE..SURE 140 1 \ ✓ l=- v ,. ,y. I STORM SEWER INLET A64INBU/LD/NG TOTAL 134,583 SF. CARI,S•AD,CA 92008 G ' �''.. '.,� .,,', /. rw.}r ,Ai •` `.... > PR:OP,O,...S�)E\D` (((/.\I\. I1 ` '.+'ij1I:,iii o \ \�- _J.._. a_- `y'r'-_•..,II,�t CART RETURN f 38B SF 76xe0.u8+0r4ua.6E3w0rz0e cTnVm)7uc6n0o.n9r18m.9w1e1 Garden Cgr7lar 2 F e Stnrclutes-0 ORMWATER 14 ✓ PICNIC TALES COpenAm roes 8,817SF r,araanone�ovmxrn,rmc ae UUUBIKE RACK,_. Area p Garden CenterTota/ 31207S.F. • • LOT 1 - 4" GAS MAIN Parking Requirements . - HEAVY:DUTY _. A. I /FE 739.0NCHES Lowe's Parking Required. '•. standard 12 -LA LOT 3 _ HEAVY HALT Handicapped 12 �� COLORED CONCRETE WITH PATTERN 1 \ V - Total PaddngRequired 822 s, _ .,.. 7 ,.t'" .HET DUTY AS .`". � y, •,. 1 P .,/� � W---19AiER LINE, aecn=astsr>a,.asraes7 10" FIRE LINE GAS METER I \ \ \ r Luca/Pa king Required ; •. r R+ + - Standard 440 a'I T'�bum ESTC SERVCE SERVICE LINE ', I / \ -SS-SEWER LINE Handicapped HOPE \ STORM SEWER LINE 2" IRRIGATION S RE VI E "� ^`s I '$ TotalPak/ng Required 449 MIN \ LOT LINE 581 MAX Parking Provided.• Standard 450 E �:�,rf ,t _ -",. •" �`� '«'�, I % \ \ \ c -4730-E%ISTING MAJOR CONTOUR : Handicapped 12 ,t - - - EXISTING'MINOR 6' SANRARY�SEWER SERVICE \EXTENSI ' `' o I y'r• � I I '' : \ CCONTOURR r \ ON �� I I `-• - ((¢ ,,..:.�`,• " II - / 4735 PROPOSED MAJOR CONTOUR + Tofa/Pakmg Provided y' I \ MINOR CONTOUR r 4, jt C 1 HDP \ I">xr% \- �•; !WI I z. k •� ®qI I - � ✓ �- .:�.; ..4 WRERLGATION GENERAL NOTES:a. _ 4 ,.v yJs ,• � •; 5•. _ I ,`k i 1. BAXTER AND,, !TSCHACHE:-INTERSECTIONS ARE BOTH SIGNALIZED. m , /` S'�, T �; Frt51n?' - r„ r -,I �I Fed ;/ '> 12. PROPOSED LOWE'S GREEN SHALL HAVE PARK FURNITURE FOR USE BY THE PUBLIC,THE w m a 4• e k' N ' �-* �'�. .;"_ I .,L:•i•,�. : ,.: - ., .� ,'..'., `- �. � - :, ,.jj•• II - OM AND EMPLOYEES S- _._ _., ..,..w..•._,_ _ " CUSTOMERS LOYEES OF LOWE' ❑ _ _ ---- -. ✓ F 111 3. THE PORTIONS-OF BAXTER LANE AND TSCHACHE4 LANE=SHO M w GRANTED TO?TIE,:CITY OF BOZEMAN AS PUBLIC STREET.AND UTILITY ACCESS EASEMENTS. O •i- 7 I PROPOSED WATER Y rri; J EXTENSION:. - ' %.;,,, �.xi LLI: Q �.� � 'I� \ / "' � � '�S �� 4. REFER TO.COS_1215G FOR RECORD INFORMATION.. ... - i �F I x\ \ 1 ow z > •i�- '<, � � t � _. 5. SEE..LANDSCAPE PLAN FOR LANDSCAPE PLAN INFORMATION_ .. '>':. ^' ,.. „',::.� , "' '� .:.." ;,�,�.: x :< .•:�'„ v �-�' • . ��r�¢a }..� ✓�' ..-... •., _ ,-.ri � ^ ,�- ri� /� 6. CONSTRUCTION ROUTES SHALL INCLUDE INGRESS AND EGRESS OFF OF BARTER LANE AND :Y Q Z 'yr�' *-F„q..0 r..,.',,. �^;,:70_,DTP ,„x•!r•„ .ra" ?..:; /.,�/ ... �..,i._t .� / n� :.1 ��. /.:. �,. . ' -.\ \ GRAPHIC SCALT` 8��•.,�,5`E^, ,: '''• r �:. r�` a¢'i , ...- -M,.;:; ,. °� 2-asu'. •.:. --.,-.• ' :.,. �:. :.,,,- �rl � �� \ _ ��:�•.�'�s � TSCHACHE LANE ONLY REFERANCE SHEETS SW-4 AND SW-5. Z. c) ❑„ :t� ,, ..✓,. : �"•. ' `' • T- -+.^ ---- -------- _`�•, i sf<s::?4. ,..,g .. ,. ,. -, -,j' Y.40.•`+,�.+-- .:k' ( )� -,.r. 7. FLOOR AREA TO LOT SIZE IS 0.24 FOR LOT 1. LL � ti= eD n •�:� �` d. .Q o ,� .. .....F. < „',wl. 'xt ,..,•..... __. ... •:' - \\ '"r•.Y `` Ill. Z M Q✓,': �„ :.ems / L .,�, .. .. ,: r t�'`� '\ I^ / r•� B. REFERANCE PUD APPLICATION BINDER FOR SUPPLIMENTAL INFORMATION. W C _4740 184 `•r.; 2 • 1-S, OWt` R=A > - • ;.�?" l/� �� n `r _ ( -F- C Q M '"r"5.;. .St' ,." 3 ',,a•;: •:< x.._ �y , t hz--' ,.,.• „`y, !I / jk . :r l , x , .,� ,Cy . . 9[TEMPORARY CONSTRUCTION FACILITIES MAY BE LOCATED ON ANY•PDRTION OF THE PROJECT. -fA`Z W W LOT 2 *� 7Ty;Y•yy ;• Bd h '* „tw' y 'F \ \ \ / / \ ,, _ �, :EXCEPT AREAS DESIGNATED AS WETLAND, STREAM SETBACK OR GREENWAY SETBACK. J Z N W U K '" ;lea.---• ., "' _ � ... PROP ISED-WATTEER -I y''• '�. r "' Q Q N w '"' I MAIN E NSIbN 1 I x.,'t4 X, LOT 1 LOT 2 LOT 3 TOTAL Z_ J O ® 0 o m m u z' '* ✓ 5' ' ,,� Gf2� ✓` I I TBAIL/SIDEWALK,,r r�+�i` '1 •�' ,�,�`C \ GROSS AREA i 15.93 ACRES 0.83 ACRES 23.23 ACRES 39.99 ACRES ILL. ILL J m m a i o ) SEE`lAND54A� P T?RP SE r:5T J > ' �,,, :� x:^r .: I. a0 •" n'�" ,4... i•' ✓,� �. �� NET AREA 15.54ACRES 0.70 ACRES 21.89 ACRES 38.13 ACRES • • I A I EWALK - OWNERSHIP ',, INC. PHILIP SACCOCC JR. PHILIP SACCOCCIA,JR. ORIGINAL o ry 7�zr�Y�;y`b'X �' ✓ "h *r;, ,<GA7EBO yr O I - 25 's+` ISSUE DATE: 4/0 t1- BUILDING SIZE ! 134563 31202 SF T8D TBD �S AiK: ><,,r z�.. s .,:SIDEWALK... ,.,.,� .y.�r ,v r` ,:.., : .%'.• *` ' ,STD AL`i{,y, ,v,l/.f'•;I \ ,r,�:. PERMITSET `Si OPEN SPACE REQUIRED 4.66 ACRES 0.21 ACRES a 6:57 ACRES 11.44 ACRES SSE DATE: rr � OPEN SPACE PROVIDED 3.88 ACRES 0.24 ACRES 7.91ACRES 12.09 ACRES O STRUCTIO- _ GREENWAY 0.28 ACRES 0.11 ACRES 2.35 ACRES 2.74 ACRES ISSUE DATE: "4 - STREAM - 0.68 ACRES ' 0.68 ACRES DRAWING NU �: c Wil" 17�-BC"T6 BC ;:.:. /fSCHACHE LANE 0' ROW/EIS T I ,z-.; ,I,•: 1�40-c A _\ _ - _ - - - _ qO, _ _ _ OTHER 3.60 ACRES 0.13 ACRES 4.94 ACRES 8.67 ACRES _ NG NEEDED 6.35 ACRES N/A 3 N/A MA A.64 1 I OPEN SPACE NE ACRES ACRES ACRES . - DRIVEWAYIPAVI u C RTIFICAT OF SU Y 1215G + LOCATED IN THE NW 1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY ►,�,.�. OF BOZEMAN, GALLATIN COUNTY, MONTANA r„ a: CERTIFICATE OF EXEMPTION WN RP S I hereby certify that the purpose of this Certificate of Survey is to relocate common boundaries PROJECT PHI-LIP SACCOCCIA, JR. PU O E between existing properties and that no additional parcels are herebycreated. Therefore this Certificate AREA "a� 991 .EAST BEACH BOULEVARD RELOCATION OF COMMON BOUNDARY LINES of Survey ►s exempt from review as a subdivision pursuant to Sectin 76-3-207(1)(a), M.G.A.. _ BETWEEN ADJOINING PROPERTIES OUTSIDE A • PASS CHRISTIAN, MS 39571 . PLATTED SUBDIVISION TO ENHANCE THE CONFIGURATION Of THE PROPERTIES oar St. SIa. plA w CL,RK Hancock Bank, Custodian, .rope St NER 5\MMENJtS pffi5{ON Philip Saccoccia. Jr. IRA Rollover PO ti 0' RIGHT-OF-WAY S02'44'53"W JS3 60.47' STATE OF i VICINITY MAP 36 c*� LG" COUNTY OF GiT15,* . 1 Not to scale: BAXTER LANE ." SEE DOTE t , 297.00 88D.77' _ ---- -- _. __ _. 32.86 5Q DEDICATION ! , a 0.00' _.----•---- _ . ,�,;_".� -+. n l � 2005, by�+ Thi ru a aeka edg.ed bf ore me o $: 39 2D E \ as : ice. ' ,.daf Hancock $ank, odran of Philip Boccaccio, Jr. IRA RoNover. ONERtDGE MINOR i }, L=29 `�\ \ #2 SUBDIVISION I „ g7.$2' r s'`36' z, „ 45' ACCESS AND 50.90 ----�- TTLIIY EASEMENT _ � 7$Z.4 � DOC NO. 2143197 2 ~`'' No cry Public for the S e of r i R i i ij„_,,,_25' UTILITY EASEMENT �,� Printed Name of Not GE �1N0 i I DOC. NO. 2170762 ?►�, Residing aMIA pN���Bfll,Ag10N r I ' PREVIOUS LOT LINES '� \ My Commission Expir » 2 SU , l o •y� � (Use 4 digits for expiration year) 30 UTILITY a N< x EASEMENT .i o. TONERtDGE I u 79151.9' S8B'.10'.57'E MINOR #2 $A IS OFiEARING SUBDIVISION , , �, I U _ • _...__ __ ._.__ d MUTUAL r` •-••--,. RELOCATED Bearings are grid. derived from GPS _____.. _ . --I o0 I,•"-f1CCESS EASEMENT observations with survey-grade receivers and �► ft LOT ONES 1 I + „ DOC NO. 2147261 { to Philip Saccoccia, Jr., M bor, Saccoccia Lands, LLC referenced to the Montana Coordinate System, �r? , Single Zone, NAD83 at North 532,566.51, East 30' MUTUAL i i ii I) TRACT,zfai TRACT 282 1.570.909.45. CCESS EASEMENT , + „ C.O. 23.22 ace. Philip Saccoccia, Jr., Ma er. Soccoccia Lands II. LLC DOC N0. 21472610� y•-2p. 1011509 aq.ft. GRAPHIC SCALE 35' UTILITY EASEMENT , i ;, Gf y� 15f Philip Saccoccia, Jr., gin M ber. Saccoccia Lands Ill, LLC zoo rocs zoo DOC NO. 2170762 I CT 1 B 7RA C.O.S. 12 :r TRACT 2B1 IN I'�r i 1543 ace. TRp 12�5 1 inch 200 ft. � 694000 sq.ff. G.0 S' , SURVEYORS NOTES STATE Si a ., � .. � OF ; 31 - 'Si� j 1. Section comer is a chiseled 'X' in an existing sanitary t � i� 25' UTILITY EASEMENT .- COUNTY OF •ss lid. '. i i�'_ DDG NU. 2144534 sewer..manhole lid + „ ed ed before e PREVIOUS LOT LINES This Instrument was ackrlowt g f re m 2005, 2. Found a "PK" nail for. N corner between Sections 1 and , L=82.47 ^ by Philip Saccoccia, Jr., cis Managing Member of SaccoccUj Lords, LLC rrTT .� 2. This comer is 3.51 feet southerly. along section line, of `7+ u' _ f R=315.00' ! and by Philip Saccoccia. Jr,, as Managing Member of Saccoccia Lands II, LLC tw+�M the SW comer of this survey. ��RELOCATED i," 0=t500'04' and by Philip Saccoccia, Jr, as Managing Member of Saccoccia Lands ill, LLC 1 I3 CIO I LOT LINES 183 58' TR TRACT t15E N1 F49'031E + 50:60' $01'49'03tiP L=75.92� L-35.96' R-60.00' ' R=290. ' oq_ . Printed Name oNotary Public f Not St of ASS' a, L=17.98' R-30.00' R TAN=38.18' e� TRACT 2B3 , ' 35282 sq ft. 85.44' Sflf49 03'W 83.86Residing ' 4 59'57.0 0-io i • -.45.41 R - 1--- --- - r_--a.._ �Jlt)f'4g�aZ .--- -,- Cormission Expire t �30 113 9' 9 7' 9. 602.68 - - (Use 4 digits for expiration year) SEE NOTE-2 8 FEB 2 2006 CERTIFICATE OF SU_ V� EYC?R 60 ACCESS' AND -_-- �' 11 UTILITY EASEMENT DEPARTMENT OF PLANNIN 1. the undersigned, Keith S. Belden, A Professional Engineer and Land Surveyor* do LOT S h g g y 0 L PE L60' RADIUS TEMPORARY 20OFM366 AND COMMUNITY DEVELOPM NT hereby certify that between September 26, 2t100, and April 112005, I surveyed this LOT 1p�+K5 gRIDOf�C�NTER E 11 CUL-DE-SAC EASEMENT f 5 Certificate of Survey, and platted the some as shown on the accompanying certsficate IaOER R I TOWN N PmAS LO PEAKS N of survey and as described in accordance with the provisions of the Montana 6 Q� CE PMSE 1 USaMg10 200FM366 D 8R1DG�USOMSIO W Subdivision and Plotting Act. Section 76-3-101 through 76-3 625. M.C.A., and the T mStON S TO BE RELOCATE AGE 5 LEGEND r Bozeman Unified Development Ordinance. ,�I�rrn SU130 0[- V FOUND- PLSS SECTION CORNER OF ' O CA- a A.D. 2005 ''1 ,4;,.......,.•�/ �.,� RECORD Dated this 1 D day of # ., CERTIFICATE OF GOVERNING BODY _ a�f KEIgH S. :o LEGAL DESCRIPTION BELDI=IU _ A tract of land being Tract 181, Tract 162:and -Tract 1133 of C.O.S. 1215E, FOUND 1 1/4' YPC MKD. 1. Planning Director. City of Bozeman. do hereby certify t"' 20692ES '�= situated in the NW I of Section 1, Township 2 South. Range 5 East, P.M.M.. Q 'MORRISON MAIERI-V, that the accompanying Certificate of Survey has been duly reviewed, and has �i s�� Cit of Bozeman, Gallatin Coun , Montana; .more particularly described as been found to conform to the requirements of the•Subdivision and Platting Act, Keith S. Belden, #10692ES Y tY Pa Y Qs:9 O r foitows: OR AS DESCRIBED Section 76-3-101 et. seq. M.C.A., and the Bozeman Unified Development Morrison-Maierle, Inc. shg t.�5 : Ordinance, and this Certificate of Survey ,s within the City of Bozeman. Montana, •y .!$TES' �,•� tY O . a first-class manic' all and within the planning area of the Bozeman growth �+i F �•• Beginning at a point which is the NW corner of Section 1, T2S. R5E, P.M.M.; Q FOUND REBAR. NO CAP ►P P g . = „r,n�►�`��e` - policy. which was adopted pursuant to Section 76-1-601 et seq. M.CA, and can CERTIFICATE OF COUNTY TREASURER Thence from said True Point of Beginning S86'S9'22"E along the north tine of " be provided with adequate municipal facilities. Therefore. under the provisions of said Section t o distance of 880.77 feet; thence leaving said Section line, _ ❑ FOUND 1 1/4 YPC MKD. SS&G Section 76-4-125(2)(d), M.C.A, this Certificate of Survey is excluded from the 1, Kimberly Buchanan, Treasurer of Gallatin County. Montana, do hereby certify S02'44'53"W a distance of 60.47 feet to a point on the southerly right of requirement P Quality that the accompanying Certificate of Survey has been duty examined and that all re uirement for Montana Department of Environmental Quali review. teat property taxes and special assessments assessed and levied on the land way of Baxter Lane; W FOUND CONC. R/W MON. Dated Noy of A.D., 2005. shown as surveyed hove be : p id. Thence along the said southerly right.of way of:Baxter Lane the following two " J"4 SET % REBAR 18 LONG WITH 2 ALUM CAP j Doted this do, of N i � _, AD., 2005. (2) courses: - MKD. 'MORRtSON-MAIERLE, INC. #10692' � Printed Name: ' Thence S8S'39'20"E a dig#isnce of 197.82 feet; -'� © ' Thence along a tangent curve to the right with a • Planning Director Gt ,,µ,p radius of 752.42 feet a distance of 296.36 feet,to the _ ...... EXISTING EASEMENT. AS DESCRIBED tt NW comer of Tract 2A of C.O.S. 1215♦. said point also 61G( a Buchanan 1allatin County Treasurer being the NE comer of said TRACT 1 B2; Thence S01'14'12'W along the westerly:'line of said Tract 2A of C.O.S. 1215E CERTIFICATEOF CLERK AND RECORDER a distance of 1151.87 feet to the NE comer of Lot 5 of BRIDGER PEAKS _ VILLAGE SUBDIVISION, said point also being the SE comer of said TRACT 162; Q saw CERTIFICATE OF SURVEY NO. 1, Shelley Vance, Cleric and Recorder of Gallatin County, MORRISON Montan , do hereby certify that the foregoinginstrument wo filed in my office at Thence N89'03'24'W along the northerly lines of said Lot 5 and Lots 10 and ` _q this day of CIb�,�AD., 2005, and 11 of PHASE II OF BRIDGER PEAKS TOWN CENTER SUBDIVISION a distance of �Pus+s+gcs 1/4 SEC. SECRVINIM TION TOWNSHIP RANGE [, :� o'clock, a.m., or pr+�. .�4i—` Y ����, . . 0�JMAIERLEINC.11376.29 feet to the NW corner of said SUBDMSION, said corner also bein asires 19 NW 1 2 S 5 E 45 recorded it�Beeyk+ of Pie t 115'C� 9 An E.,,�y"-a r,�C-2-ny (Doc. ];Y1 ) Records of the Clerk and Recorder. Gallatin County, point on the Section line common to Section 1 and Section 2, and also being ( # Z.; 3W W. R3900d stets ,os sr .irr ssao2. :(+os}s+z-saso F� (cos)542-0004 Montana. the SW corner of said TRACT 163; ` Thence N01'49'03'E along said Section line a distance of 1322.17 feet to the. CLIENT: PHILIP SACCOCCIA PRINCIPAL MERIDIAN, MONTANA RV True Point of Beginning. GALLATIN COUNTY, MONTANA Shelley Vance FIELD WORK: DATE: 04/05 PLOTTED DATE: Oct/10/2005 Gallatin County Clerk and Recorder Said tract contains 39.99 acres. more or less, and is subject to all DRAWN BY: CD SCALE: 1 =200 DRAWING NAME: M:\3373\003\Acad\fplat\COS-XXXX,dwg 111111111 220?223 easements of record or apparent on the ground.Jill CHECKEDBY: SRS PROD 3373.003 SHEET OF 1012'7/2005 10:58R �} Shelley Vance-Gallatin Ca LIT PLAT 6.00 CITY.OF BOZEMAN f 'R-EPRINT'. *** CUSTOMER RECEIPT **+� Oper: PROFCASH Type: EP Drawer: 1 Date: 2/24/06 01 Receipt no: 110293 f i; Description Quantity Amount PU PLANNED UNIT DEVELOPMENTS j 1.00 $500.00 LOWE'S Tender detail CK CHECK 740196 $500.00 Total tendered '$500.00 Total payment $580.00 Trans date: 2/28/06 Time: 9144:15 ' THANK. YOU! k; FEB 2 8 2006 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT PUD CONDITIONS OF APPROVAL For LOWE'S H,IW PUD February 2006 Prepared for: City of Bozeman Department of Planning and Community Development Prepared By: ® „ /0MSON M® MAIERLE,iNc. An Employee-Owned Company CI TY VBOZEMAN • � � wy 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 March 27, 2006 Molly Skorpik Morrison-Maierle, Inc. 306 West Railroad Street Missoula, MT 59802 Dear Molly: I am providing comments regarding the draft final site plan for Lowe's H1W. Please be aware that other issues may arise during review of the formal final site plan submittal. I have included the comments from the Engineering Division as well on a separate document. 1. The materials palette to be provided needs to include samples of the fencing material. I bring to your attention that Condition of Approval 12 specifies that no chain link fencing be utilized. It is not specified what "security fabric" is on the elevations. No use of chain link materials, whether or not they are coated or of nonstandard sizing,will be acceptable. 2. A colored elevation drawing showing utilization of the specified materials should accompany the materials palette. 3. The proposed site plan shows a building outline for the eastern elevation that does not appear to correspond with the architectural elevations and the required wall plane relief gable features. 4. Architectural elevations of the eastern wall do not show the materials to be used on the main wall. Similar levels of diversity of materials is required for all walls. 5. The elevations shall depict on all four sides of the building, by dashed lines or other easily readable graphic device, all mechanical equipment and the necessary screening. If desired, the elevations for this purpose may be in addition to those specifying wall finishes and materials. 6. The light fixture proposed does not meet requirements with the drop lens. An alternate fixture in the same fixture group shown on the cut sheets which does not have a drop lens appears to be compliant. 7. The development guidelines do not provide a typical pattern for the pedestrian crossings as required by Condition of Approval S. 8. A design for the storm water pond in response to Condition of Approval 13 needs to be included in the final site plan package, not just in the construction drawings. A separate schedule of plants utilized for the storm water facilities needs to be included on the Landscaping drawigs. planning • zoning . subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination • . 9. The Landscaping plan needs to be printed at a larger size to improve readability. The schedule of plants should be divided into three sections, storm water plantings, watercourse plantings, and landscaping plantings. 10. The plant schedule needs to be printed at a size large enough to easily distinguish between symbols. • P P � g Y � Ym A minimum symbol size of 0.5 inch diameter is recommended. 11. There appears to be a missing symbol. Detail E shows a heavy hollow circle which is not listed on the plant schedule. 12. Condition 38 of the underlying Saccoccia PUD requires the City to be a third party to covenant and give consent to changes. Please provide a copy of the letter or other written statement agreeing to the changes which have already been filed and provided as copies. 13. Sections 3.3 and 3.4 of the recorded revised covenants may be in conflict with the renewal plan submitted in order to comply with Condition of Approval 15. 14. As contemplated in Condition of Approval 15, the City will draft the necessary agreement in accordance with Chapter 18.74, BMC to ensure performance with the proposed renewal plan. The City will likely require a financial guarantee of performance for the first three sections of the plan and a non-financial guarantee for.the remainder. Tim Cooper, Assistant City Attorney, and Susan Swimley are discussing this matter and the question of covenants and I expect to communicate their resolution of the matter under separate cover. 15. A minor subdivision was originally processed which now is not referenced. If it is the intention of Lowe's HIW/Phillip Saccoccia to not utilize this minor subdivision please provide an explicit statement to that affect in the final site plan submittal. Tab 19 seems to indicate that a realignment • of lot boundaries is intended instead. 16. The concurrent construction referenced in the development guidelines may only occur under certain conditions as set forth in Section 18.74.030, BMC. The current draft final site plan package does not appear to address either of the two possible options and associated requirements set out in ordinance. The final site plan must fully satisfy the appropriate standards. Should you have questions,please feel free to correspond at the address listed above. Sincerely, Chris Saunders, AICP Assistani'Director c: Susan Swirnley, 1800 West Koch Street,Bozeman,MT 59715 Lowe's HIW,Attn:Jack Mandel, 1530 Faraday Avenue,Suite 140,Carlsbad,CA 92008 Phillip Saccoccia, 1234 Spring HE School Rd,Belgrade MT 59714 file ; Page 2 so CITY CITY OF BOZEMAN v ,9� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT • ' = - ,. ' Street address: Alfred M. Stiff Professional Building Phone: (406)582-2360 East Olive Street Fax: (406)582-2363 etr,� co °�'�e Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman, Montana 59771-1240 World wide web: www.bozeman.net March 27, 2002 Philip Saccoccia, Jr. 991 East Beach Pass Christian, MS 39571 Re: Lowe's Zoning PUD #Z-02021 Dear Mr. Saccoccia: At its March 25, 2002 meeting the Bozeman City Commission voted 5-0 to conditionally approve the Conditional Use Permit for a Planned Unit Development application to establish a unified plan for architectural and landscape plans for the future development of a 5 lot, commercial Planned Unit Development on approximately 40 acres with a relaxation of the following sections of the City of Bozeman Zoning Ordinance: a) Section 18.34.060 "Building Height" for the "M-1" District and Section 18.30.060 "Building Height" for the "B-2" District, to allow the building heights for the development to • exceed the maximum permitted roof height allowed in the "M-1" and "B-2" districts, but not to exceed 48 feet; b) Section 18.34.020 "Permitted Uses"to allow uses in the complex, which are not identified as principal permitted uses for the "B-2" Community Commercial District and the "M-1"Light Manufacturing District; c) Section 18.50.030.D "Water and Sanitary Sewer System Requirements" to allow concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances as outlined in Ordinance 1532!oSection 18.65 "Sign Code" to allow one pole sign to exceed the allowable height by 15 feet and 130 square feet in area,one pole sign to exceed the allowable height by 7 feet and 32 square feet in area and one monument sign to exceed the allowable height by 6 feet and 32 square feet in area; and e) Section 18.50.035.A "Glare and Lighting" to allow a light standard that does not conform to the requirement prohibiting the luminaires and lenses to protrude below the edge of the light fixture. The proposal was evaluated against the review criteria and requirements of the City of Bozeman Subdivision Regulations, Bozeman Area Master Plan Update and the City of Bozeman Zoning Ordinance. The 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 Subdivision Regulations, Bozeman Zoning Ordinance and the Bozeman Area Master Plan. The decision of the City Commission is final. Seven copies of a final site plan, which shows how all conditions of approval and code provisions have been addressed, must be submitted to the Planning & Community Development Department, with the Final Plat application. A written narrative explaining how all of the conditions of approval have been addressed must accompany the submittal. The enclosed draft Improvements • Agreement is for your review. A formal agreement will be provided to you, to sign and notarize,upon planning • zoning • subdivision review • annexation • historic preservation • housing 9 grant administration • neighborhood coordination LOWEQV Po"BOX1111 L#cLdrn.mere Statement of Remittance 'S North Wilkesboro, NC 41656 1 VL � I V .............. ......... ............... ................... . .................... .... ....... ...... ....... ... . .................................. X.: ""CO N .. ............ M.. ...... .. ... . ....... ........... . .A.MF . .I.0 ................A..... 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The intent of this draft submittal is to receive feedback at an early stage, as well as allowing a new planner to become familiar with the project, prior to administrative approval of this site plan. The submittal binder accompanying this letter is organized into seven sections with tabs as required; the sections are Final Site Plan Submittal Requirements; Final Site Plan; • Landscape Plan; Easements, Conditions, Covenants and Restrictions (ECCRs); PUD Conditions of Approval; and Response to Conditions and Development Guidelines, respectively. The Response to Conditions section includes a tab, memorandum and pertinent documentation for each Condition of Approval. As stated previously,this application contains information in draft form with information still requiring input and comment from various sources, including the City of Bozeman Planning Department. The City's review of this version will allow us to incorporate the City of Bozeman's comments into our final version of this document. In particular, the following information is recognized as requiring administrative review and approval: • Vacancy Mitigation Plan (Renewal Plan)—This document is included in a draft form such that City Planning may comment. Also, this document is under review by Lowe's HIW legal counsel and minor edits should be anticipated prior to the finalization of this document. • Owner's Certificate of Acceptance—A draft of this document is included; however, signatures will not be obtained until City Planning approves the language • Utility Easements — A draft utility easement exhibit is included. Upon engineering approval of the utilities, easements. will be"finalized and filed with the Clerk and Recorder. • Civil Construction Drawings — The review process for civil .construction drawing approval has been initiated • Certificate of Survey — A certificate of survey is included instead of a plat. This • "Providing resources in Partnership with clients to achieve their goals" ( �I MOFMSON , M MMERLE,INC. project does not have a plat-associated with it. • Sign Package —A sign package is under review by another consultant and will be forwarded to the City of Bozeman upon receipt of the package. • Color Palette —A picture of the color palette is included under Tab 6 of the binder. The color palette will be hand-delivered to the City of Bozeman with the Final submittal. • Application—Unsigned applications are included under the Final Site Plan Submittal Requirements Tab. Signed applications will be delivered under separate cover. The applicant has been informed of the estimated costs associated with the fees and paybacks that will be required prior to the filing of the Final Site Plan. Furthermore, the applicant has agreed to pay these costs. Currently, three copies have been provided for your review. Upon the receipt of your comments and incorporation of supplemental data, seven copies of the PUD will be submitted for your final review. If additional copies are required for this preliminary review, they will be provided upon request. If you have any questions during your review, please call Keith Belden,Toby McClue or me at 542-8880. Sincerely, Morrison-Maierle, Inc. y rpik, P . Projec anag r cc: Jack Mandel, Lowe's HIM Inc. Philip Saccoccia, Jr. File MA3373\003\Docs\corres\PUD Cover Letter 022706.doc o�so2�' %,- THE CITY OF BOZEMAN _ 20 E. OLIVE• P.O. BOX 1230 BOZEMAN, MONTANA 5977 1-1 230 � -_' -• - ENGINEERING DEPARTMENT MAR 1 3 M6 CO 0 PHONE: (406) 582-2280 • FAX: (406) 582-2263 March 13, 2006 UEPAF,1fv FwT cF PLANNIND AND COMMUNITY 0MLQPMW, To: Chris Saunders, AICP, Assistant Planning Director From: Bob Murray, Project Engineer Owl Re: Lowe's PUD Draft Final Site Plan I have reviewed the draft final site plan for the above referenced project and offer the following: 1. Condition 16 and 17: These plans have not been submitted. Final site plan approval is not contingent on approval of the infrastructure plans,but no building permits can be issued until they are approved. 2. Conditions 18& 19: The paybacks have not been received. They are required prior to final site plan approval. 3. Condition 20: Approval of the TIS by MDT is required prior to final site plan approval. 4. Condition 1: Plans and specifications for the public infrastructure have not been approved. Final site plan approval is not contingent on approval of the infrastructure plans, but no building permits can be issued until they are approved. If concurrent construction if being proposed, they must submit the material required under 18.74.030.C.1.b. Note that the infrastructure plans and the final site plan submittals are separate. Both must stand alone. 5. Condition n: Easements have not been submitted for the public infrastructure. They must be prior to final site plan approval. 6. Condition q: The curb cut permit has not yet been issued,but must be prior to FSP approval. 7. Conditions s: The referenced details have not been submitted. Note that the infrastructure plans and the final site plan submittals are separate. Both must stand alone. 8. Condition t: All required permits must be submitted prior to FSP approval. 9. Condition y: A construction route map must be submitted. cc: ERF Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK CITY 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 www.bozeman.net December 1, 2003 Philip Saccoccia, Jr. 991 East Beach Pass Christian, MS 39571 Re: Saccoccia (Lowe's) Zoning PUD #Z-02021 Dear Mr. Saccoccia: At its November 10, 2003 meeting the Bozeman City Commission voted 5-0 to conditionally approve the modifications to the Planned Unit Development The proposal was evaluated against the review criteria and requirements of the City of Bozeman Subdivision Regulations, Adopted Growth Policy ,....and-the City of Bozeman Zoning Ordinance. The Commission's decision was based on the fact that; with conditions, the proposal will not be detrimental to the health, safety, or welfare7-of-the community; and is in harmony with the purpose and intent of the Bozeman Zoning Ordirian:cer and•.the adopted Growth;Policy. The decision.:of the City Commission is final., {; ;,, r -•,: �•=Conditions of Approval: s 1. The boulevard trees along Baxter Lane, Tschache Lane and.the- private through street shall be planted with the first appropriate phase of development. 2. The Final Site Plan for the Planned Unit Development shall depict less parking along the east and west sides of the private street and increase the landscaping to create a sense of entry into the development. 3. The final site plan shall depict the development of the open space areas with usable, permanent public open space features, to be reviewed and approved by Planning Staff. 4. All new construction shall be reviewed against the Architectural and Developmental Guidelines for the Planned Unit Development. A site plan application shall be submitted for each building site for review and approval from the applicable governing body (i.e., Development Review Committee, the Design Review Board and the City Commission). 5. Additional landscaping including plant materials of varying size and species shall be provided along the pedestrian corridors and within the landscape islands. One large canopy tree, one small tree and two large evergreen shrubs shall be provided for every fifty linear feet of parking. 6. Boulevard trees shall be planted every 50 feet of street frontage along Baxter Lane and Tschache Lane (the plan indicates Tam Juniper being planted in the boulevard, which is unacceptable). • 7. Details shall be provided in the Developmental Guidelines and incorporated into building elevations for each site, indicating the actual size of the rooftop and ground mounted mechanical planning • zoning • subdivision review . annexation . historic preservation . housing • grant administration . neighborhood coordination 0 0 equipment. All mechanical equipment must be fully screened from all aspects. If during construction the mechanical equipment must be changed for larger equipment then additional • detail shall be provided to the Planning Office addressing a new method of screening the equipment. 8. The storm water detention pond and constructed ditches shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. Not more than 1/3 of the front yards may be utilized for storm water detention/retention, the storm water ponds shall not exceed 11/2 feet in depth and shall provide a maximum slope of 1 :4. 9. On-site wells shall be installed for irrigation purposes only. If the applicant is unable to receive a permit for an on-site well then the applicant shall provide a letter of explanation from the appropriate agency. 10.The FSP shall be adequately dimensioned. 11. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post- construction certification,-and preparation of mylar record drawings. _ 12.Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed _by the applicant-.--" ; 13.The drive approach shall be constructed in accordance'.with the. City's standard approach (ue, concrete apron, sidewalk section and drop-curb).and shown-as:such on the FSP. A City Curb Cut ' and Sidewalk Permit shall be obtained prior to FSP approval. 14.Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 15.Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 16. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 17. If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100' from State Waters. 18.A grease interceptor shall be installed on the sanitary sewer service for the any proposed • restaurants. 19. Design submittals for fire service lines shall be provided to the City for review and approval. Page 2 20. Backflow protection on all fire and domestic water services is required with specific type dependant upon degree of hazard. • 21 . Location of the fire and domestic service inside the building must be approved by the Water Superintendent. 22.The Final Pla# Subdivision Exemption must be recorded prior to +,e Final Site Plan approval. Approval for the Final Site Plan for the PUD shall be contingent on €trial—P-lat Subdivision Exemption approval. 23.All phasing, proposed by the developer, shall be depicted on the Final Site Plan for the PUD. 24.Cash in-lieu of Water Rights shall be paid prior to Final Site Plan approval of the PUD for each phase. 25.The applicant shall return a proposal/narrative addressing Section 1 items #3a thru k of Ordinance 1532 with the final site plan submittal and the applicant is hereby on notice that the City reserves the right to limit the scope for simultaneous construction consideration based on available staff hours. 26.The applicant shall submit seven copies of the Final PUD Plan, for review by the Plan-ning Department. The-Final-Plan must be approved prior to.:acceptance of the Final Plat. j -shall :.submit a :written 'narrative- with the.-Final PUD -Plan iridicating ::how.- all. 27.The applicant conditions.of approval: and code provisions have been met to the Planning Department. . All•_:; i • subsequent buildings within the Planned Unit Development shall undergo site plan review.by+.theA. Development Review Committee and the Design Review Board prior to building permits being I ssued. 28.The applicant shall apply for a sign permit from the Zone Code Enforcement Officer. The comprehensive sign plan shall be submitted for review and approval by the Planning Department prior to issuance of a sign permit. The sign permit application shall be subject to the terms and regulations set forth in Section 18.65 of the City of Bozeman Zoning Ordinance unless otherwise approved through the Planned Unit Development. 29.The right to a Conditional Use Permit for Planned Unit Development shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 30.All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final PUD plan approval or commencement of the use. 31.All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. • 32. Per Section 18.62.090, "Building Permits and Installation of Improvements", an Improvements Agreement must be signed by the applicant/owner prior to Final PA4B Site Plan approval of each phase. If occupancy of any building is to occur prior to completion of all required improvements, Page 3 the Improvements Agreement must be financially guaranteed. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site • improvements at the time of Final Site Plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 33.A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 34. Per Section 18.54.1 10.F "Greenway Corridor Landscape Standards", in addition to one large boulevard tree for every 50 feet of street frontage, the 50-foot Greenway Corridor (along Baxter Lane) shall be characterized by an informal vegetative planting of four evergreen and deciduous trees, two small ornamental trees and six deciduous and/or coniferous large shrubs of which half will be flowering shrubs, for every one hundred feet of street frontage. 35.Additional landscaping shall be provided for within the front yard setback along Baxter Lane and Tschache Lane. Per Section 18.54.110.F "Greenway Corridor Landscape Standards", the development shall provide a minimum of ten large and small trees, two small ornamental trees, six large shrubs, six large flowering shrubs, twenty small shrubs and twenty small flowering • shrubs for every 100 feet of street frontage. 36. Per Section 18.49.060.C.2.b-e "Parking Lot Screening Required", additional landscaped areas shall be provided between the linear rows of parking to meet the parking lot landscaping requirements and prevent motorists from cutting through the parking. 37.A trash enclosure detail shall be provided, for the development, in the final site plan and the developmental guidelines. Section 18.50.035 "Trash Enclosures" requires a permanent enclosure for temporary storage of garbage, refuse and other waste materials for every use, other than single-household dwellings, duplexes or individually owned townhouse or condominium units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings. 38.The City of Bozeman shall be party to and approve any proposed modifications to the approved final site plan, Covenants and Developmental Guidelines. Any major changes will require approval by the City Commission. Per Section 18.54.050.0 "Final Plan Review and Approval", major changes to a Planned Unit Development shall be approved by the City Commission and must follow the same Planned Unit Development review and public hearing process required for the approval of preliminary plans. Major changes are defined as a change in the character of the development, an increase of greater than two percent in the improved gross leasable floor areas of retail, service, office and/or industrial buildings, a reduction in the approved open space, a change in the location and placement of buildings. • 39.Per Section 18.65 "Sign Code", the pole signs shall be setback a minimum of 15 feet from the property line and the monument sign shall be setback a minimum of 5 feet from the property line. Page 4 40.Per Section 18.65 "Sign Code", a lot in the B-2 district is permitted total signage not to exceed four hundred square feet. Simee the Planned Unit Dev,elepment will be doyided into 5 lots, the Unit Development.total signage allewed is 2000 SqUffe feet. The Fine' Site Plan she!l inelude an amended 41.StFuettiFes ef 50,000 squeFe feet eF iggefe, 1561 is adepted, such uses and StFUetUlFes shall only be allowed at such time as the Gty The Saccoccia PUD and future site plans shall comRlly with Ordinance 1561. 42.An easement shall be granted or the right of way dedicated with the amended plat for one half of the required 90' right of way for Baxter Lane along the entire frontage of this property. 43.A thirty foot easement shall be granted or the right of way dedicated with the amended plat,for Tschache Lane along the entire frontage of this property. _ Please call me if you have any questions regarding the conditions, code provisions, or the final._:,, site plan approval process. Respectfully, Jami Morris, Associate Planner Enclosures: cc: Morrison-Maierle, Inc., 306 West Railroad Street, Missoula, MT 59802 • Page 5 0 0 CITY OF BOZEMAN �2�'�t DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT • V 9x Street address: Alfred M. Stiff Professional Building 20 East Olive Street Phone: (406)582-2360 t;e co �o?'�e Mailing address: P.O. Box 1230 Fax: (406)582-2363 Bozeman,Montana 59771-1240 E-mail: planning@bozeman.net Worldwide web: www.bozeman.net April 9, 2002 Philip Saccoccia, Jr. 991 East Beach Pass Christian, MS 39571 Re: Lowe's Minor Subdivision#P-02009 Dear Mr. Saccoccia: At its April 8, 2002 meeting the Bozeman City Commission voted 5-0 to conditionally _ approve the Minor Subdivision application to divide 40 acres into S lots for corrimercial development. The proposal was evaluated against the review criteria and requirements of the City of Bozeman Subdivision Regulations, Bozeman 2020 Community.Plan and the City of Bozeman Zoning Ordinance., The,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 Subdivision Regulations, Bozeman Zoning Ordinance and the Bozeman 2020 Community Plan. The decision of the City Commission is final. The conditions for approval are as follows: Conditions for Approval: Planning: 1. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy shall be provided to the Planning Department. 2. The Final Plat shall delineate the 35-foot wide stream/ditch setback and any related jurisdictional wetlands and floodplain boundaries. 3. A 10-foot wide Public Access Easement shall be provided and noted accordingly on the Final Plat, for the public trail that parallels the west side of Walton Stream/Ditch. 4. A 12-foot Public Access Easement shall be noted accordingly on the Final Plat, for the pedestrian corridor along Tschache Lane. 5. All detention pond facilities shall be identified as "Common Areas" to be owned and • maintained by the Property Owner's Association. An easement for the stormwater detention pond shall be noted accordingly on the Final Plat and in the Covenants. planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination • 6. The covenants shall be recorded with the final plat which specifically includes the provisions from Section 16.34.030 and the following: a. The applicant shall provide seven bound copies of the Covenants and Developmental Guidelines that includes a table of contents and page numbers. b. The reference to Outparcel numbers in the Covenants and Developmental Guidelines shall be eliminated and replaced with lot numbers or building letters. c. Section 3.4 "Use Restrictions" of the Covenants shall state that the permitted uses shall be those allowed in the `B-2" Community Business and "M-1" Light Manufacturing Districts. The following uses shall be removed from the list of permitted uses for the development: truck stop, flea market and dry cleaning plant. d. Section 3.6 "Outparcel Development" shall require total screening of all ground and rooftop mechanical equipment from all sides. Rooftop mechanical equipment shall be incorporated into the roof form and _ground mounted m-echanical equipment shall be screened with walls or fences. e.: The City of Bozeman shall be third patty to any changes or modifications made to • the restrictive Covenants and Developmental Guidelines as they relate to any zoning and or planning by-laws. f. A maintenance plan shall be provided in ;the Covenants that addresses the maintenance, upkeep and repair of all applicable open space, landscaping within the required yard setbacks, interior street lighting, open space areas, landscaping, trail corridor, pedestrian facilities, snow removal and storm water facilities by the property owner's association. g. The applicant shall submit, to the Planning Office, revised Covenants, Restrictions and Articles of Incorporations and Developmental Guidelines at least thirty (30) days prior to submitting an application for Final Plat. The Covenants and Developmental Guidelines shall be recorded with the Gallatin County Clerk &Recorder's Office with the final subdivision plat. Engineering: 7. One half of the required 90' right of way for Baxter Lane shall be dedicated on the final plat. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Page 2 • • Avenue. The road shall be improved to a three-lane collector standard as shown in the Greater Bozeman Area Transportation Plan. 2001 update. Tschache Lane shall be constructed to the eastern boundary of the subdivision. 8. This property is included in a payback for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to filing the final plat. 9. 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. Based on the analysis improvements to the intersection of Tschache and 19th, and Baxter and 19th are required for this project. 10. If the project is not approved for concurrent construction by the City Commission under ordinance 1532, no building permits shall be issued until all on site and offsite public infrastructure improvements are installed and accepted by the City.of Bozeman. 11. If the project is approved for concurrent construction by. the City Commission under ordinance 1$32, all conditions of the ordinance shall be met by the applicant..-:,No building permits will be issued in this case until plans and specifications for. all on site and off site infrastructure improvements have been approved for 'construction by,'the appropriate governing body: No occupancy permit shall be issued until all said. improvements have been installed and accepted. Water& Sewer: 12. The 12" ductile iron water main in Tschache Lane shall be labeled on the Final Plat. 13. Dead end water mains shall not exceed 500 feet in length. Standard Conditions for Approval: Engineering: 14. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. Page 3 • • The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. 15. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to -and approved by the City Engineer ;and the Montana Department of Environmental u c- -Quality.*', The Applicant shall also. provide Professional Engineering services for; construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not -be initiated on' the public .:infrastructure • improvements until the plans and specifications have ,been approved and a pre- construction':conference has been conducted: No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless the project is approved for concurrent construction under Ordinance 1532 by the City Commission. 16. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. 17. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 18. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project Page 4 • 9 0 and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. 19. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. Planning: 20. The Final Plat shall note a minimum twenty (20) foot wide utility easement on all side and rear property lines as required by the Subdivision Regulations. The requirement of utility easements in the side property lines may be waived when all local utility agencies and the Director of Public Service agree in writing that utilities can be installed in the twelve (12) foot wide and ten (10) foot wide utility easements along the front and rear of the lots or other proposed easements and the that the utility easements along the side property lines are not necessary. 21. Project phasing shall be clearly defined including installation of infrastructure. 22.-The.Final Plat shall contain a notation stating:that the development of each phase of the subdivision will not interfere with any agricultural water..user facility or irrigation ditches for downstream water user rights,.and.that is also be noted accordingly in the by-laws and . protective,covenants for the:property owners.association. . 23. The final plat shall conform to all requirements of the Bozeman Area Subdivision: Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3'/2-inch floppy disk; and five (5)paper prints. 24. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request, for a one-year extension of the approval period, to the Planning Director for the City Commission's consideration. 25. If it is the developer's intent to file the plat prior to the completion of all required improvements (with the exception of water and sewer infrastructure), an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of Page 5 • • all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150%of the cost of the remaining improvements. 26. A written narrative explaining how each condition of approval has been met shall be provided with the Final Plat submittal. 27. A payback district may be established for the Baxter Lane Trunk Sewer Main. If the payback is established prior to connection to the existing main, the developer shall make full payment of his prorata share as defined in the payback agreement. Enclosed you will find a draft copy of the Subdivision Improvements Agreement. The Improvements Agreement will only be necessary if you choose to apply for Final Plat approval prior to completion of the infrastructure. Please call me if you have any questions regarding the conditions or the Final Plat approval process. .7. . . Sincerely, Jami Morris Assistant Planner JM/jm cc: Morrison &Maierle, Inc., 2621 South Clark Street, Missoula, MT 59801 Morrison &Maierle, Inc., P.O. Box 1113, Bozeman, MT 59771 Page 6 • • TABLE OF CONTENTS Final Plan Submittal Requirements Final Site Plan Landscape Plan ECCRs PUD Conditions of Approval Responses to Conditions Development Guidelines Final Plans Submittal Requirements • CITY 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 www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1.Name of Project/Development: Lowe's Home Improvement Warehouse Planned Unit Development n _ / rF- n n LE-, L1 If1 2. Property Owner Information: 1 Name: See supplemental sheet for owner information. E-mail Address: R-B 2 8 9Q06 )PT-NIEV7 CP PLANNING Mailing Address: AND GOMMIJNI,Y DEVELOPMENT Phone: FAX: 3.Applicant Information: Name: Lowe's HIW,Inc. Attn:Jack Mandel E-mail Address: jack.r.mandel@lowes.com Mailing Address: 1530 Faraday Avenue,Suite 140;Carlsbad,CA 92008 Phone: (760) 804-5309 FAX: (760) 602-1018 4. Representative Information: Name: Morrison-Maierle,Inc. E-mail Address: kbelden@m-m.net Mailing Address: 306 W. Railroad St.,Suite 105;Missoula,MT 59808 Phone: (406) 542-8880 FAY: (406) 542-0009 5. Legal Description: Tract 2B1,2B2,and 2B3 of COS 1215G;NW 1/4,Section 1,Township 2 South,Range 5 East 6. Street Address: 1731 Tschache Lane,Bozeman,MT 59718 7. Project Description: A planned unit development within the Saccoccia PUD with Lowe's HIW,a large format rewil `_N store,as the first phase.Project also includes a boundary realignment. r 8.Zoning Designation(s): Saccoccia PUD;B-2 9. Current Land Use(s): Agricultural • . Regional F10,Bozeman 2020 Community Plan Designation: �onal Commercial Page 1 Appropriate Review Fee Submitted ❑✓ CITY OF BOZEMAN REPRINT *** CUSTOMER RECEIPT * * Oper: PROFCASH Type: EP Drawer: 1 Dater 2/24/06 01 Receipt no: 110293 Description Quantity Amount PU PLANNED UNIT DEVELOPMENTS 1.00 $500.00 ` L00E'S 1' _ t�l Tender detail CK CHECK 740196 $500.08' Total tendered $500.00 Total payment $500.00 i Trans date: 2/28/06 Time: 9:44:15 THANK YOU! 4 FEB 27 2006 14:43 FR LW REAL ESTATE 7606021018 TO 11JL65420009 P.02/02 • 111.Gtoss Arta: Acres: 39.99 Sq ave Fcer" 1,714,964 12 NetArca: Acres-. 38.15 Square Feet: 7,660,943 13.U the Subject Site Within an Overlay District?_ 21 Yes,answer qurestion 132 [] No,go ro questiwi.14 132.Which Qvedny Digirict? 0 Casiao ❑ Neighborhood Coasrnnaon ❑ l nurrar CotdeUr 14.VM thda application require a deviation(n)? Nu 15.Applicmioa Type(please check all that nlsply): ❑O.Planned tlmtDevclopmen:-Conc=tPlan 1 ❑A.Sketch FbA for Reindared.letivitics in Rcgcdatrti Wdd:1nds ❑P_Plannrc UnirMvelopment-Preliminary Plan ❑D.Most,Chm in.Usc,Further llevelopmcatPte-9/3/91Sire 0,Planned Unit DevielopInetn-Fin>IPlaa ❑C/�ucndmenc/Madiliratioa o'PMn A,pprovec On/Aftr 5/3/91 ❑1L planned VnitDevrloprow-r-M%.sw-rPlsz ❑n.Rcuse,C4aagc io Uac, /COS ❑•S.Sabdivieian Pxc-nppliratioc ❑L,Special Tempozay Use P-Mit []T.Subdivision Pr6inioaty Pla- []M.Slatich Plan,'CQA ❑U.Subdivision FinalPht []G.SlutchPlaa/COA%ifh an Intencincntion o.U3c; ❑V.Subdivision F—triprion ❑8.Paclimivary Site Plau/COA ❑W.Aaaawtiaa ❑L Ptelsaiaary Six Plan ❑X Zoning Nlep Amw-dtirmt ❑].Paliaiiaarr illastor Sin Plan ❑Y.Unified Dcvelopmcat Oxdinanee Tert Amendment ❑IC Coadidom)Use perrrir ❑Z.Zoning Vatinnoe [3 L.Condiional Use PermiVCO.A ❑AA.Cyrowtli Policy Miy Ar arsdxnear ❑hL Ailminist mtim P-uiert Decision Appeal ❑BB.G wwth Pokey Teri Amendment . ❑N.AA:icn utzawe lncegwetation Appeal []Onus TWe application tnust be nermpmried by the approptiatc c6achrist(s),number odphuu or plats,ad diner hifmm6on and materials,and f e* (2ee Developsum Reviesc AppLearion Regnit eww-ts and Few). The plans or p1m nKut be drawn to soak on griper not amucc Evul V& Lq 1l inebe c nc.locae::)pn 24-by 3ti•lnck�+folded iaYm individual sere ara lRrgor than A�/r by 14•irihee, If 3-ring biadesb will be usui, they Mum iudude a table of coatnes and%bhtc dioidess between aeetians. Agplicsrioz deadlioet ere 5:00 pm every Tuesday. 'I'}k application nmst be dgued by Lodi the applicants)and die property owner.(V)(rf ddEcvent)before the submitol viz!b:accepted. �4-q indicated by the dp%Lmre(a) below, the applieesrtkA wad property ow=(s)submit this application fox review under the trams and peovisiom of the liozesam Municipal Coda It is find- indimted dut may voA undexlalten to Complete a devclopiveax,apgroved by drn Cary of Bozeman;Fall be in mnfnw=cr,vitb the reyuirenteatu of the B,ozenum It v pal Code wad any special conditions establicaed by the appmvalnuthority. rinally,I acknowledge twat the City has as Impact Fee Pxog<rnu,cnd impact fere maybe assessed for my.pa))ect I(We)hcxeby ready thus the nbave' formation is true and cm.ect to the beFt of my(oux)lawwlcdge� Applivant's Sign Darr. Z 4 Appticamies Signstt►te: Date: Property Ownees Signattun: Date. Proprstt 0WACes Signs o..�to.6iwia tDavAlL Date: Property Ownez's Signature: rw A6��1.►4.r.tt..Lti Page 2 (Dedopm��8eviewApp4drloo-PttT�OU/�/e+') I ** TOTAL PAGE.02 ** • SUPPLEMENTAL SHEET PROPERTY OWNER INFORMATION The property in question, located at NW '/ of Section 1, Township 2S, Range 5E, has more than one owner. Ownership is broken-down in the following manner. Tract.2B1 of COS 1215G is owned by: Lowe's HIW, Inc. 1530 Faraday Ave, Suite 140 Carlsbad, CA 92008 Jack.r.mandel@lowes.com Tract 2B2 and 2B3 of COS 1215G is owned by: Phil Saccoccia, Jr 1234 Spring Hill School Rd Belgrade, MT 59714 phillipsaccocciajr c@prodigyy net • 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 ❑ ❑ ❑ 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 No 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: a. Application forms ❑ ❑ ❑ b. A list 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 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 fixture 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 ❑ ❑ ❑ 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) PUD Preliminary Plan Information,continued Yes No N/A • L. 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ City are proposed 5. Physiographic data,including the following: a. A description of the hydrologic conditions of the site with analysis of water ❑ ❑ ❑ 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 6. If the project involves or requires platting,a preliminary subdivision plat, subject to ❑ ❑ ❑ the requirements of this tide relative to subdivisions,shall be submitted 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, BMC, at the ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 C. ❑ Planned Unit Development—Final Plan. The following information and data shall be submitted: • PUD Final Plan Information Yes No N/A 1. A list of names of all general and limited partners and/or officers and directors of El ❑ ❑ 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 ❑✓ ❑ ❑ C. Attorney's or owner's certification of ownership ❑✓ ❑ ❑ d. Planning Director certification of approval of the site plan and its ❑ ❑✓ ❑ 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 ❑ ❑ ✓❑ 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 he 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 CITY OF BOZEMAN �4 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT • u_7 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 FINAL SITE PLAN APPLICATION 1.Name of Project/Development: Lowe's Home Improvement Warehouse Planned Unit Development . 2. Property Owner Information: Name: Love's HIW,Inc. Attn: Jack Mandel E-mail Address: jack.r.mandel@lowes.com Mailing Address: 1530 Faraday Ave.,Suite 140,Carlsbad,CA 92008 Phone: 760-864-5309 FAX: (706) 602-1018 3.Applicant Information: Name: Lowe's HIW,Inc. Attn: Jack Mandel E-mail Address: jack.r.mandel@lowes.com Mailing Address: 1530 Faraday Ave.,Suite 140,Carlsbad,CA 92008 Phone: 760-804-5309 FAX: (706) 602-1018 • 4. Legal Description: Tract 2B1 of COS 1215G 5. Street•Address: 1731 Tschache Lane,Bozeman,MT 59118 6. Project Type: ❑✓ Site Plan ❑ Site Plan/COA ❑ CUP ❑ CUP/COA ❑✓ PUD ❑ Other: 7. Project Description: A planned unit development within the.Saccoccia PUD;Lowe's HIW is the first phase. 8. For condominiums: Is a digital copy of the layout attached? ❑ Yes ❑✓ No Certification of Completion and Compliance I understand the conditions of approval and the submitted final site plan or master site plan have complied with any conditions of approval or corrections to comply with code provisions. Statement of Intent to Construct According to the Final Site Plan— I acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. Applicant's Signature: Date: Applicant's Signature: Date: Property Owner's Signature: Date: • Property Owner's Signature: Date: (Final Site Plan Application—Prepared 12/10/03;revised 01/05/05) 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 ❑ ✓❑ 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, ❑ 0 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 ❑r ❑ ❑ 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 ❑✓ ❑ ❑ 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 ❑✓ ❑ ❑ 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 ❑✓ ❑ ❑ C. Open space and/or landscaped area,recreational use areas,public and semipublic land, ❑✓ ❑ ❑ parks,school sites,etc. d. Public street right-of-way ❑✓ ❑ ❑ 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, ❑✓ ❑ ❑ 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 18.78.060.L, BMC (Streets, Roads and Alleys), unless ❑✓ ❑ ❑ 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 0 ❑ ❑ 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 ❑✓ ❑ ❑ 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 ❑✓ ❑ ❑ and/or construction facilities,including temporary signs and parking facilities 17. Unless already provided through a previous subdivision review,a noxious weed control plan ❑✓ ❑ ❑ 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 ❑✓ ❑ ❑ (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 ❑✓ ❑ ❑ Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet,except for sites adjacent to ❑r ❑ ❑ major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way ❑✓ ❑ ❑ 4. Ingress and egress points ❑✓ ❑ ❑ 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) ❑r ❑ ❑ 8. Surface water,including: a. Holding ponds,streams and irrigation ditches ❑✓ ❑ ❑ b. Watercourses,water bodies and wetlands ❑✓ ❑ ❑ 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 w w Site Plan Information,continued Yes No N/A • 9. Grading and drainage plan, including provisions for on-site retention/detention and water ❑✓ ❑ ❑ 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 ❑ ❑ 0 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 ❑✓ ❑ ❑ 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, Q ❑ ❑ parking spaces, handrails and curb cuts, including construction details and the applicant's certification of ADA compliance 14. Fences and walls,including typical details ❑r ❑ ❑ 15. Exterior signs. Note—The review of signs in conjunction with this application is only review ❑✓ ❑ ❑ 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,panting spaces,building entrances,traffic areas (both ❑✓ ❑ ❑ vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fia:tures 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 0 ❑ ❑ 19. Landscaping-detailed plan showing plantings,equipment,and other appropriate information 0 ❑ ❑ 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 ❑ ❑ 0 and shrubs having a diameter greater than 2.5 inches,by species 21. Snow storage areas ❑✓ ❑ ❑ 22. Location of City limit boundaries,and boundaries of Gallatin County's Bozeman Area Zoning ❑ ❑ ✓❑ 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. 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 ❑� ❑ ❑ property owner and the person preparing the plan • 2. Location of existing boundary lines and dimensions of the lot ❑✓ ❑ ❑ Page 5 • 9 Landscape Plan Information,continued Yes No N/A • 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the ❑✓ ❑ ❑ location of any 100-year floodplain;the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys,utility easements,utility lines,driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name,street address,and lot and block description ✓❑ ❑ - ❑ 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 ❑✓ ❑ ❑ 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 ❑ ❑ ❑✓ damage during construction 10. Size,height,location and material of proposed seating,lighting,planters,sculptures,and water ❑✓ ❑ ❑ 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 ❑✓ ❑ ❑ 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 • • ' �• �. � . c� . '-d �,� •� a • r ¢. b • REVISIONS OPRE-BID SET L POST B10 SET ISSUE DATE IssulZ OATS DATE DESCRIPTION t._.—Dryland Seed STABOUS COMMON NAME A IAIIDSCAPE PLAN NOTES ..#hued: ��� - SCIENIIFR NAME SIZE LANDSCAPE RAN NOTE& (° ) Seed any IN A N 2-3'SDLG 40'-50 23 1. al d ecrep.naies between plan and wnloen peoifcol,one shall Fertilizing: al seeding antl sod shall De or l sad. ad Lawn Areas: disturbed area to '-- - PoPDLUS TREMULOIDES led to Landsca a Architect Tmmed'otel Plan a q..n Appy ( ^ per q�} feast p y. provides II titles I 26 8 8 NPK tart l'zer of o rat of 21Ds 1000 a it.at 2 sek D land Seed OtTNL \ ® OOKS QBR 1ly"-2" 50'-60 -15 for bidding purposes and shall pravo 1. nor Maellafon and again at 4 we asks t a rate of 4 lbs.Per 1000waq. ry PoPUS BROOKS' DETAIL A - BUCK ASH fI. Seeded Areas:Apply 17-17-17NPK)fertilizer t a rate of 2.5 Ibs DETAIL C FRA%INUS NIGRA'FALL GOLD' tyA"-2" 40'-5D 24 2. Plant sizes shall meet teed standards at by the American per 1000.qft.within 2 weeks f germination. Apply a second application _ Nursery and Landscape Assoclation. tie rote f 5 Iba.per 1000 sq.ft after the fret mg, C COTONEASTER LUCIDUS 2 8'-8. 45 Falillze all trees and shrubs as follows at time of planting, Using LUMP PAPERI 3. Planting beds shall be edged with 1/8"x4•Interlocking Black "kgriform"21 gram tablet.,20 10 5(N-P-K)by Serra Chemical Co., Seed Detention Pond bottom to BETULA PARYRIFT=PoA eta' 30'-40 59 Aluminum Edging.Gardener DLelrubulinq Co. 1 (800)742-8811. (408)263-8080,or equal.Evenly distribute I.plant.pit.when boekCited .ad any Wetland Seed Mix. Sides and disturbed area to surrounding disturbed care.shall ® fi ULMUS AMERICANA'BRANDON' 1H"-2" 60' 70 14 2/3 rding to the following schedule or per Manufacturer's latest Dryland Seed be seedetl to Dryland M. 4. PlonUnaa bad.shall be mulched with 3 tp 4"of Ik-2"Roofing spacification aclfi ationa. " 2.21/ 12 ock over TMar Woad Barrier, Use abric pills to anchor fobrc of Seed any AD4 RED CHERRY :dome and edgss. Overiap fabric 6"al all seams and tuck in long call Container disturbed area to Q PRVNUS VIRGINIANA'CANADA RED' T"-IX" 25'-30' 5 edges,no gaps will be accepted Trees planted In]own areas shall be 1 gall an-2 tablet. 24 in,be.- 8 tablets • • Dryland Seed L N WILL W 2-3'$OLD 60'-70 11 mulched with on 18'diameter shredded bark ring. 5 gallon an-4 tablet. 36 In.box- 10 tablet; ® SALI%ALSA TELLINA B h B:task Seed any 6YRINGA RETPtt ICUUTA IXy 2" 30'-35 36 other IawnAreas: s dlaeent areas toecurDs antl wa sod kslawn hags pall boded 1°d.o All 1 tablet per 1/2 in.caliper or 1 tt cat.height,whichever is less ```\\\\111111.//4�I tlisturbetl area t0 - three fool wide stri atl'oceni to curbs,wolW.and a halt Boulevards 10. Watering: Lawn sewing shall be kept constantly evenly moist until �� d i ® PENNSYLVANaCA'RUGBY 1Iy"-2" 50'-80 2J p 1 a p ( •'• v'I/� Or and Seed - will be added In their entirely). The remainder of all lawn areas shall germination and through establishment. Once dead b labPshed water 7T ' O•y� LORA00 SPRGENUCE •x tea 3 vY.V JCE8'-10' 0'-70' IB b seeded. Sod shall Os a IaC.11y grown quality m of Kentucky I. I. aer week to into'.healthy.lawn. Sod a e shall be watered 2 �l�•� - Iuegm.s..Riven(Landscape Architect shall approve mz and source to 4 tmes per day depending on weather,to keep moat and prevent �/,• W 'A"L� S }to_- /1 10 riar to Install). hrinkiny. Once sad Is established water 1 to l'per week to J 2• ® ACER% LAZE AP JEFFERSRED' n e Ith lawn. maintain -,b� JU'Ch W.Q` 1%�2" 0'-50' 6 a y ��• 2 W cl.seed m. hall be a follow.: • 2-21/ 13 Common Kentucky Bluegrass 26R 11.Maintenance: Inclutle all wolering card/erllii ngweo apeciNed, Include iw: y Newport Kentucky BI egm.. 27R wing through final do..tame. Owns will od.0 all maintenance AUSTRDW RN '-10' 30'-35 17 Park Kentucky BI q a '27R - asp—b'1'les at this time. Sae spec lcoton book for maintenance ..••• • s2' MN PINUS NIGAA P.mmrIol Ryegra 12% ontract proposal requirements. 10- 11 39 Creeping Red.Fascue BR y7/IIII I111\t\\ 4 UN NIL 2. Ouanflles to include in bid(Nat all inclusive.Var ous other tams MALUS THUNDERCHILD 1"-fly" IB'-20 18 Rale 4//1000 sq.fit hould also bs included in contractors bid. These a ounls are intended PRING IS CRAB assist in Inlerbitldar on ioltanq nd to a slat in accu hay.' plane I A 1 1 MALUS%SWPRING SNOW "-I IS'-18 14 . Welland seeding: Bottom of detention pond and any areas disturbetl re at°large scale. All bidders hould confirm all quantities..Report f REO TWIG DOGW000 1 1 y trail construction shall be seeded as follows(both Zone 1 and 2): iffere.—to Landscape Architect Inn—didalely.): r (Typical labnd)(yy ical Island) 1 1 ® CORNUS SERICEA -�SD C3'XB' 36 Western Whaalgrass 50% Edging 1243 In fi. O itOUCUS HA'MHORN SL a urbonk Wheal rods 50% Rock Mulch 1 482 a f 8, q. t. ,RATAEGUS OOUGlASlf CG1 LOi'-5' 85 Rate-2#/1000 sq ft. Sad 44.110 sq. �'"va•. —1... ® SHEPHERDIA CAW1DR1515 2-3' 8-10' 19 Loan g 1 q,It --=� '•"-'.' 1 '� :.. J - Weiland sewing shell be-compleoetl belwasI March 15 to May 31.or Weiland eSead]ng 31,984,662 nq.ft. X SIC PRUNUS%CISTENA 2-3' 6'-E' 27 eptember 15 to November 1 as weather allows Sell.shall not be 0 yland Seeding 150.430.q.fL : pe uw,vl i•u I frozen. Slopes greater than 3 to 1 shall as hyd mulched. Hydromulch 73,4.53 w.ft. C� vine 04 / s ® WARF HIGHBUSHL.CRANBERRY 18-24' 4-S' 17 . ARF KOREAN LIUC IB-24" 7. Dryl nd adding: Any areas disturbed by struck that a not 3. Gazebo 12'x 12'Porkland/Echo °�r,w� ® 4-5' 9 pacified as loan shall bs m.t.md by...ding to°dryl d ml.as r- 12' ZO'Reclan9ular Parkland w•vnm rr,v w, , avu s r ea. follows: - 'meetorre Trail 469E Christie Dr. ISeamavill R 4 POTENRLU e,Ontario Left B •r �. µ�?u ® PO7EN71UA FRURICOSA 15-18" 3-4' S1 Slander Wheatgr°ss 25% 905)563-8133,salesOlimestonelrail.cam Both structures to be set on W rov>dw•a"rall PIREA 12-IS" 2-3' 2E Western Whealgrosa 45% onerot@ pad with footings according to manufacturer's recommendations. (n nn Un xT,y ® SPIREA X ISUMALDA Thickap'W Whe°lgraas 15R 1 ROSE TREE HINA Sheep F.... 15R (Y II__II II I�I�//77��001""I��I I I s•ern ® PRUNVS 7RILOB4 2-3' 6'-8' 8 4.P I t I your of plaMings and beds contractor will have utilities llTl-T7AFI r�7- a 1 AM JUNIPER 18-24 Rate 2d/1000 sq.ft. oc°ted. Neal shall be located closer than 10 feel from sewer or "In� Seed on ��,a * 2'X 52 ryland seeding shall be completed between March 15 to May 31,or °ler lines. Landscape Architect shelf approve entire layout for to z y L0 O JUNIPERUS SABINA V TAMARISCIFOLA YOV Pr z f n, .. e=lember 15 to November 1 as weather allows. Soils shall not be nslollation, disturbed are.to 50 F00T (D LUFP CHIP JUMP R 18-24 6"X 8 108 en. Slopes greater than 3 to 1 shall be hyciremulched. Dryland Seed. ,WETLAND JUNI US HORI NTALIS'BLUE CHIP, re < T RBEN MOUND C)1RRANT 5. Written specifications of plan a intended add io augment sents.Cat on z N vl r - SEfBAC ® RIBES ALPINUM GREEN MOUND' 12-15" 3-4' 44 ro Tree Grates: ProNde and Install 8 tree Grates far tree.along front oak. Contractor•houltl refer to book for oddit'enal Is. Q Q$F r ao I t � ® `yrFt• a' ( IrSG d:MULCH 1 builtli r altle R- area Use Neenah Foundry Boulevard 48"square requirements. WIN U DUAL M ) ULUIUUUU5 rats with!tome y1R-E708,1-800-558-SOTS. (n Ph i® r� - � NSTALLED BY LOW'E'S 6 _ 0 r�rm rrrra�l r ' ® fygtNBEWE z 6151, . prtil) lB.p NT BEDDING AREAS 2 Ja ®I W0QS MA•BZ051'AL( LOWE'S Hill INC. 1590 FARADAY(([ ITE 140 CARLSBAD,CA CA 92 9200808 �1L I I 760.804.5300(V)760.602.1018 IF) J SPREAD • rnaysmr • '^"=- w9°•.. -I + t'. � KMErKeouz:no EnWl�a�ro TnsauvnwM ' 'I I -sag�y,�1W naANl�acpl y - I P1MOT1 C wx13EMOF tm d�rw HYIrINc� DEfAR N IL • —� Seed any PLANT SO THAT TOP OF ROOT elowraonu,.wawTs wesaR,sp i I IMan picol Island) disturbed am.to - Seed BALL IS EVEN WITH THE 0 •Garr ryland - FINISHED GRADE — • IL Ian w9 1 no _ :�. l•.; _ Saed area U '- - disturbed by [E.. _ troll eland o. - 2 STRAND TRISTED 1I GU STRAP to - S II v.• a �.� ® " Mix See GAL WIRE AND STAKING STRAP `1 - I ads 1i ® ® HARDWOOD STAKES. .{ 2 STAKES 2" X 2" O ,y�, (3 ON 30'+ EVERGREEN TREES) j 1 EraL G OETAL H y 7LlP L® ® �! DETAIL L Seed any DRIVEN(MIN. 18") FIRMLY DETAIL F f disturbed area to INTO SUBGRADE PRIOR — TAIL 14� — Dryland See _ TO BACKFILLINC e STAR ABOVE FIRST BRANCHES ba u OR AS NECESSARY FOR FIRM Z • w"•'^^ _- MULCHSUPPORT FORM snxr c°'e~,_ �•.. �:xx .. b a wc.cx wan._. SAUCER s" / - TYPAR WEED BARRIER — I I1�11—I I_I I I—III I I—III—J 11_ BACEFILL- REMOVE ROCKS —r- ' ,-.. RATER ffi TAMP TO 11 REMOVE AIR POCKM IIII IIIIII-1 IT ri NOTE: , II STAKING AS REQUIRED 2 X BALL DIA • • W Island TREE PLANTING - VERTICAL STAKES O ��- _ - SCALE: NOT TO SCALE Scale 1 - 1 0I 0" BLACK ALUMINUM BED EDGING FINISH GRADE FOR LAW U SPECIFIED MULCH DIG HOLE TWO Iao TIMES rt THE ROOT l IAMETER � are-N- EXISTING sot _I.. EDGING STAKEis\ \\ \\�\\\ -%�Bc�4 N11": �•�•y"w W W Z 0 o DRIVE STAKE THROUGH s•.• SIATS \ \ -III-III-I 1�-J I7-fT TYPAR WEED BARRIER FORM SAUCER WITH Pa u a �a2 . /\�\> I=III=III=�IIII-(III_. 3".CONTINUOUS RI ea '� w e MULCH Q Q 0 C CZ �1 II\\� =I� 1i I D 7 TYPAR WEED BARRIER U� co CW C �--I (f— .I I I I IJ ICE I�1=III" \�\\j III III I sPEc)elm Torsos SPECIFIED PLANTING111111I1111 T w N _ Z Z � ON w MIX WATER ffi TAMP TTT 4 Q O O O 'I I OCRREEM,S VE AIR I— —III— LIT - _! J _I LL= I =ll ll=1 I I- _1 m m II I I I II��I I�I I • • ORIGINAL ISSUE - DATE:01I12/06 ' - PERMIT SET ISSUE DATE: ALUMINUM BED EDGING DETAIL SHRUB PLANTING sffiNIETIMTEnuis%.1 - SCALM NOT TO SCALE SCALE NOT.TO SCALE _ • DRAII NUtIBER: I, ' - - s Lrl f OF PLAPAIING • • nisoom•. - REVISIONS + + L,��W i� ,oQQs 10 T01 1 FT.. ALL MAPLES (13) 0 SUE'M E o SSUE0- + RC� I.,Tfy,u 'I l / 4V a LL +' p B. DATE DESCRIPTION C vP a r I_ o I p •,aa'�11 hW tea.,,. � +ilM�l\Q� 3,j�t� .1�A./% + RC �'`'Vt\ii ',o���. �gdmsf„� ETA L A - '"+lh1\ au�� o 'er :<L ��u1144r�4d I a SOD LAWN — S Sod A Northwest Entry B North Entry - Left C North Entry - Right Island E Island _ ,.11111t11°'fffr `� ..••.,Jg1 11_ 1 11 - 11_ 1 11 11_ 1 11 11� 1 11 11� 1 II }t• ��� dN��`� Scale 1 = 20 0 Scale 1 - 20 0 Scale 1 = 20 0 Scale 1 - 20 0 Scale 1 - 20 0 _ . ,Jg JL7af • _ .. • W Z Y•C— — LAW Nse ETA ® ET Cn LAWN + ®®+ o + ++ M Wetland 1 1, z z ® .�.1. _ -� �• _ Scale 1 = 50 0 z -- Q ,ono . 090 a d V) Southwest Corner Southwest Entry Southwest Entry outh Center Entry Qa� - - - F G , 11 (�)- „ J)-`S�ca 1 " 50 FOOT / LOwe3 HIW,INC.Scale 1"= 20'0" Scale 1 - 20 0 Scale 1 - 20 0 le 1 20 0 WETLAND 1530 FARADAY AVE,SUITE 140 SETBACK CARLSBAD,CA 92008 t � 1760.804 5300 M 760.E02.1018(F) A' DETAIL M • a waa� �w,aww.wa / \ LANDSCAPE PLAN NOTES: LANDSCAPE PUN NOTES(continued): O 1. All discrepancies between plop and written sped fcationa shall be 9. Fertilizing: All seeding and sod shall be ertilized. So Lawn Areas: = C reported to Landscape Architect immediately. Plan provides all quantities Apply 26-8-8(NPK) fertilizer at a rate of 21bs per 1000 sqft. at 2 week 0 for bidding purposes and shall:prevail after installation and again at 4 weeks at a rate of 4 lbs. per 1000 sq. ft. Seeded Areas: Apply 17-17-17(NPK) fertilizer at a rate of 2.5 Ibs - II 2. Plant sizes shall meet or exceed standards.set by the American per 1000 sgft. within 2 weeks of germination. Apply a second application T®® ® I Nursery and Landscape Association. at a rote.of 5 lbs. per 1000 sq. ft. after the/ksI mowing, ® D E A L _ - Fetilize all trees and shrubs as follows of time of planting, Using 'I' 3. Planting beds shall be edged with 1/8"x4"interlocking Black "Agifform"21 gram tablets, 20-10-5 (N—P—K) by Sierra Chemical Co., Aluminum Edging. Gardener Distrubuling Co. 1 (800)742-8811, (408) 263-8080, or equal. Evenly distribute in plant pits when backfilled LM ® - - 2/3 according to the following schedule or per.Manufacturer's latest _ 4. Piantinq beds shall be mulched with 3 to 4"of 1i" —2" Roofing specifications. ® I Rock over Typor Weed Border. Use fabric pins to anchor fabric at seams and edges. Overlap fabric 6"at oil seams and tuck in along all Container a edges, no gaps will a accepted. Trees,planted in lawn areas shall be 1 gallon can — 2 tablets 24 In, box 8 tablets - - II n — mulched with an 16"diameter shredded bark ring. 5 ga o con 4 tablets 36 In box — 10 tablets •, .AWN. B & B stock IN O 1 --GAS - 5. Lawn Areas: All areas demorked as sod-lawn shall be sodded. All 1 tablet per 1/2 in. caliper or i ft. of height, whichever is less II�Y_ other lawn areas adjacent to curbs and walks shall be sodded fora three toot wide strip adjacent to:curbs, walks, and asphalt (Boulevards 10. Watering; Lawn seeding shall be kept constantly evenly moist until '' °' establishment, Once seed is established water �' "'�,'^'^`• '^ "� will besoBded-in�Meir-entirety),..,The'.remainder of'all lawn'-areas shall germination and through - be seeded. Sod shall be a locally grown quality mix of Kentucky to 1"per week.to maintain.healthy 'own' Sod area. shall be watered 2 :-- South Center Entry t. Entry - Bluegrass cultivars(Landscape Architect shall approve mix and source to 4 times per day depending on weather, to keep moist and prevent prior to install). shrinkin. Once sod is established water i to 1" per week to maintain . ealthy own. " Lawn seed mix shall be as follows: J 1,_ ems/ , 11 (�)—=cal�elt , „� % V Vale 1 — 200 2O O - - Common Kentucky Bluegrass 27% me Maintenance: Include all waterlog and ill assume as specified. Include Newport Kentucky Bluegross 27R owing through final acceptance: Owner will assume all maintenance - - Pork Kentucky Bluegrass - 27% esponsibilites at this time. See specification book for maintenance - W Perennial Ryegross 12% contract proposal requirements. m Creeping Red Fescue - 8% m ' 2. Quantities to include in bid (Not all inclusive.Various other items e Rate = 4#/ 1000 sq. ft.-.: should else be included in contractors bid. These amounts are intended - to assist in interbidder consisitency and to assist in accuracy since plans U - 6. Wetland seeding: Bottom of detention pond and any areas disturbed are at a large scale. All bidders should confirm all quantities. Report _ y trail construction shall be seeded as follows (both Zone 1 and 2): differences to Landscape Architect immedidately.): 1 -- — - Western Wheatgross. 50% Edging 1243 In. ft, Streambank Wheatgross 50% Rock Mulch 16,482 sq. ft. O (n Q - Rote — 2#/ 1000 sq.ft. Sod 44,250 sq. ft, W Q Lawn Seeding. 131,g15 sq. ft. Seed area ® LA F— m S - Wetland seeding shall be Completed between March 15 to May 31,or Wetlond Seeding 84,662 sq.ft, disturbed by Lu O September 15 to November 1 as weather allows. Soils shall not be Dryland Seeding 150,430 sq. ft. = Z Z DETAIL L - frozen, Slopes.greater than_3 to 1.shall be hydromulched Hydromulch 73,453 sq. ft. _ � O o trail constructio 7. Dryland seeding: Any areas disturbed by construction that are not 13. Gazebo = -12' x 12' Parkland/ Echo to Wetland See LLB Z Z 2 Q specified as lawn shall be restored by seeding to a dryland mix as Arbor — 12' x 20' Rectangular Parkland ILL. LL Q S follows: - Inngtone Trail 4696 Christie Dr., Beamev'ile,Ontario LoR I34 MIX ® Q Q O Z �c Slender Wheotgross 25% 905)563-8133, sa'es®limestonetrafl.com Both structures to be set on U (n LLJ Q Western Wheatgross 45% :on Crete pad with footings according to manufacturer's recommendations. J (n ,1 e Thickspike Wheatgross 15" In C it Sheep Fescue 15% 4.Prior to layout of plantings and beds contractor will have utilities O in Q W> N LLB Z Rate = 2#/1000 sq, ft. ocated. No trees shall be located closer than 10 feet from sewer or Z �' > N w ryland seeding shall be completed between March 15 to May 31,or Ater Ines, Landscape Architect shall approve entire.layout prior to 4 LLI O O O o r7 4 September 15 to November 1 as weather allows. Soils shall not be nstallation. J J m m r, PINE E GA L frozen. Slopes greater than 3 to 1 shall be hydromutched. a 15. Written specifications on plan are intended to augment specification • • PLANTED 1'ED AT q I - B. Tree Grates: Provide and install 6 tree grates for trees along front iook. Contractor should refer 10 book for additional requirements. ORIGINAL ISSUE "— r+ p of building in sidewalk area. Use Neenah Foundry Boulevard 48" square - - DATE:01/12M LL BE '2 U CJ(. � rate with frame #R-8708, 1-800-558-5075. PERMITSET ISSUE DATE: Southeast Entry - A' Island - : "� ISSUE CONSTRUCTION SET 'V DATE: DRAWING NUMBER: L , Scale 1"_ 20'0 Scale 1 10101, `� • d ` •I 1 •y COS 1215G 22072.�2 Security Tl t I c Company Pam:27/T005 111:07A P .O . Box 6550 Shelley Vance-Gallatin Co MT MISC 35.00 • Bozeman , MT 59771 -6550 Recording Requested By and When Recorded, Return To: f Legal Department Lowe's HIW, Inc. 1530 Faraday Avenue, Suite 140 Carlsbad,CA 92008 7 FIRST AMENDMENT TO EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS This FIRST AMENDMENT TO EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS("Amendment")is made this day of October,2005,by and between LOWE'S HIW,INC.,a Washington corporation("Lowe's");Saccoccia Lands II, LLC,a Montana limited liability company("Saccoccia II');and Saccoccia Lands 111, LLC, a Montana limited liability company("Saccoccia III")(the foregoing parties hereinafter collectively referred to as the"Parties"). • WITNESSETH Whereas Lowe's,Saccoccia II and Saccoccia III entered into that certain Easements, Covenants,Conditions and Restrictions("ECC&Rs"),dated Q'k-- A I=d- 2005, and recorded on OCT 2 7 ,2005 as Instrument Number 2 2 0 7 2 31 in the official records of Gallatin County, Montana;and Whereas Lowe's,Saccoccia Il and Saccoccia III desire to amend the ECC&Rs to allow for election by Lowe's to install,construct,maintain and operate the Tschache Monument Sign; NOW,THEREFORE, in consideration of the mutual benefits and advantages accruing hereunder and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: AGREEMENT 1. All capitalized terms used herein and not herein defined shall have the meaning given them in the ECC&Rs. 2. Section 4.3 is hereby amended to add the following subsections 4.3(L)through subsections 4.3(M)to Section 4.3: (L) Notwithstanding anything to the contrary contained in these ECC&Rs, with respect to the Tschache Monument Sign,within thirty(30)days from the Effective Date of these ECC&Rs, the.Owner of the Lowe's Parcel may elect to construct, install, I'Amendment to ECC&R's-Bozeman V2 1 Am- 2207232 liiiiiiiiiii.iiiiiiiiIIINIINIIIIIIIII 0/27/2008 51 1:07P Shelley Vemae-Gallatin Cc MT MISC 3a.00 • maintain and operate the Tschache Monument Sign which shall be erected or used for the advertising of multiple Owners,tenants or occupants of the Lowe's Parcel, Lot 2,the Seller Commercial Parcel and the SellerAdjacent Parcel. If Lowe's elects to construct, install,maintain and operate the Tschache Monument Sign as set forth above,the " provisions of Sections 4.3(F)through Sections 4.3(H)above shall not apply and shall be null and void and shall have no force and effect. The Owner of the Lowe's Parcel shall be entitled to have and maintain a sign panel thereon in the top and most prominent position on both sides of each of the Monument Signs. The Owners of Lot 2,the Seller Commercial Parcel and the Seller Adjacent Parcel shall be entitled to no more than a combined total of six(6)sign panels beneath the Lowe's sign panel. No other sign panel on any Monument Sign shall be of a size or have dimensions which are greater than seventy-five percent(75%)of the size and dimensions of the Lowe's sign panel on the same Monument Sign. Lowe's sign panels shall be of colors,design and content as required by the Owner of the Lowe's Parcel's own visual sign standards. A National or Regional Tenant's sign panels shall be of colors,design and content as required by such National or Regional Tenant. (M) - The cost of constructing the Tschache Monument Sign,if the Owner of the Lowe's Parcel elects to construct the Tschache Monument Sign as provided herein, shall be prorated in accordance with the number of occupants having panels thereon. The Owners placing a sign panel on the Tschache Monument Sign shall each pay their pro rata shares of the cost of construction,maintenance and operation of the Tschache Monument Sign to the Owner of the Lowe's Parcel commencing at the time of its installation of their sign panel on the Tschache Monument Sign. Such pro rata share shall be calculated by dividing the square footage of the Owner's sign panel as the numerator by the total combined square footage of all of the sign panels on the Tschache Monument Sign as the denominator. The Owners having a sign panel on the Tschache Monument Sign shall maintain their sign panels in good condition. If the Owner of the Lowe's Parcel does not elect to construct,install,maintain and operate the Tschache Monument Sign within-the above thirty(30)day period then Sections 4.3(F)through Sections 4.3(H)shall apply and have full force and effect and Sections 4.3(L)through Sections 4.3(M)shall have no force and effect and shall be null and void. 3. Except as amended herein,the ECC&Rs remain in full force and effect. This Amendment may be executed in counterparts which,when taken together,constitute the. Amendment. IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of the date first written above. [Remainder of Page Left Intentionally Blank;Signatures Follow on Separate Pages] I"Amendment to ECC&R's-Bozeman V2 2 • Pass: a of 5 Shallay Vance—Gallatin Cc MT MISC 35.00 Signature Page for Lowe's(Amendment to ECC&Rs): LOWE'S: L.owe's HIW, Inc., a Washingto rporation AU4 ey: Name: • 1'_ ��� Kevin D. Bennett r Title: Vice President STATE OF NORTH CAROLINA ) )Ss. COUNTY OF WILKES ) S1 ON THIS day of WOIeAC 2005, before , the uEdersi ed, a Notary Public in and for said County and State, personally appeared VIA U. to me personally known to be the person described in and who executed the foregoing • instrument, who,being by me first duly sworn, stated thathe/she is the 16=PEi&j -P w� of LOWE'S HIW, INC., a Washington corporation,and that he/she executed such instrument on behalf of said corporation by authority of its board of directors, and said person acknowledged to me that he/she executed such instrument as the act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Not blic Printed Name: OFFICIAL SEAL My Commission Expires: SHEILA H.VANNOY NOTARY PUBLIC-NORTH CAROLINA COUNTY OF WILKES I r trQ O CarcfYstial 6 L$ • I°Amendment to ECC&R's-Bozeman V2 3 2207232 I IIIIII IIIII I�III I��III I�I�I III I �IIII II)IIII)1��1 IIII 10 8 2712006 1 1:07A Shelley Van**-Gallatin Co MT MISC 35.00 Signature Page for Saccoccia II (Amendment to ECC&Rs): SACCOCCIA II: By: Name. -�•�r'7,,�- Title: Pv.h ., h C- W- STATE OF aKc a ) ��� )ss. COUNTY OF�Il- ) ON THIS il. day of 200� before me, the undersigned, a Notary Public in and for said County and State, personally appeared I LL'Q c)(V(Aa G&_S•✓ to me personally known to be the person described in and who executed the foregoing instrument, who,being by me first duly sworn, stated that he/she is the i of fZCLQC1lck� 5 N , a p,M 11 (. , and that he/she executed s&li i trument on behalf of said corporation by authority of its board of directors, and said person acknowledged to me that he/she executed such instrument as the act and deed of said corporation. • IN WITNESS WHEREOF, I have hereunto set my hand.and affixed my official seal the day and year last above written. Notary Public �z--- -�C�er Printed Name: is —cv--) My Commission Expires: �� Kris Harriman �S 0A•RR����� Notary PuMc `or the State of PAuntana Residing atuxc�ran, 'viontana NOTAR/q4•. = My ColnmiPalnn Fx.pirn,;:Ai,qu3t •_,'�qU6 NIlk n: OF N,104 I°Amendment to ECC&R's-Bozeman V2 4 IIIII IIIII IIII(IIIII IIIII I"111111 Jill 1111111111111111 220'�232 Sh�llray Vano�-G�iIatln Co MT MISC 35.00 Signature Page for Saccoccia III(Amendment to ECC&Rs): SACCOCCIA III: By: Nam "( Title: STATE OF V - ) ) ss. COUNTY OF .� 1,� ) ON THIS day of C66ITV , 200!a before me, the undersigned, a Notary Public in and for said County and State, personally appeared A%'�i J)6Af C a 4 f ja�:7C to me personally known to be the person described in and who executed the fore oing instrument, who,being by me first duly sworn, stated that he/she is the of rA( 111, a 1(1Vftk K6k VJ, , and that he/she executed s strument on • behalf of said corporation by authority of its board of directors, and said person acknowledged to me that he/she executed such instrument as the act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set'my hand and affixed my official seal the day and year last above written. Notary Public Printed Name: My Commission Expires: Kris Harriman —'— — Not. P:blic,1- the State of Montana — :�E'S�JIiU OF moN \\` • I°Amcndment to ECC&.R's-Bozeman V2 5 '-''tease return to: Secur�t" Title CD. .�. os �'. ?_•r- 600 S h 19th Bozeman, MT 59718 Recording Requested BY and • When Recorded, Return To: Robert P. Doane,Esq. Lowe's HIW, Inc. 1530 Faraday Avenue, Suite 140 Carlsbad, CA 92008 `` ` ` 2207231 An` II 1 `1111111111111111 pass:0 27/2005 6E:07A II II I111I 111�I�1IIII I I��I�I IIII�tllll IIII 1 / ` '7—/1 Shelley Vanoa-Gallatin Co MT MI9C 892.00 wN l lJ �L�o(F� EASEMENTS COVENANTS, CONDITIONS AND RESTRICTIONS BY AND BETWEEN LOWE'S HIW, INC AND SACCOCCIA LANDS II, LLC n m v AND Nn a SACCOCCIA LANDS III, LLC � a � o r 0 i C 6 C .�i 0 i ECCR'sV I O.DOC 2207231 l II�III IIII�III��IIII�I IIIII I�I III�IIII 11,101111 . III P10127/2005 11:079 Shelley Vance-Gallatin Cc MT MISC 392.00 TABLE OF CONTENTS ARTICLE I BASIC DEFINITIONS......................................:............................:............................2 ARTICLE II EASEMENTS.................................................. ................4 ........................................... Section 2.1 Definitions and Documentation:.........................................................................4 Section 2.2 Easements Granted With Respect to the Project.................................................6 Section 2.3 Easements Granted With Respect to the Shopping Center. ...............................11 ARTICLE III USE RESTRICTIONS............................................................................................21 Section 3.1 Nuisances: ................................................................................................. ....21 Section 3.2 Permitted Uses for the Shopping Center:..........................................................21 Section 3.3 Use Restrictions for the Project:........................................................................22 Section 3.4 Exclusive Use Restriction for the Benefit of the Lowe's Parcel:......................24 Section 3.5 Proprietary Rights of Lowe's:......................... ARTICLE N GENERAL CONSTRUCTION &DEVELOPMENT...........................................26 Section 4.1 Development Parameters for the Shopping Center:...........................................26 Section 4.2 Building Design for the Shopping Center:.........................................................27 • Section 4.3 Pylon or Monument Signage for the Shopping Center: ....................................28 N Section 4.4 Outparcel Development for the Shopping Center low m Section 4.5 Parking on the Seller Adjacent Property............................ N a a Section 4.6 Performance of Construction Work Generally:.................................................33 N'o. Section 4.7 Compliance in Construction:..............................................................................34 Section 4.8 Damage and Destruction:..................................................................................34 ARTICLE V MAINTENANCE,TAXES AND INSURANCE.....................................................35 U m Section 5.1 Maintenance Section 5.2 Maintenance Director:............................... .............................36 Section 5.3 Failure in Performing Maintenance Responsibilities . Section 5.4 Taxes ...............36 .................................................................................................. gSection 5.5 Insurance: ..........................................................................................................37 Section 5.6 Failure to Carry Insurance: ........38 Section 5.7 Cross Indemnity: ............ ...................................39 Section 5.8 Waiver of Subrogation:.....................................................................................39 ECCR'sV IO.DOC za0?ae iq Sheller Vance-Gallatin Cc MT MISC 392.00 ARTICLE VI DEFAULT,REMEDIES........................................................................................40 Section6.1 Default:..................................................................................................... 40 Section 6.2 Remedies for all Owners:..................................................................................40 Section 6.3 Right to Cure:....................................................................................................40 Section6.4 Liens:........................................................................... ........................................41 Section 6.5 Cumulative Remedies: ......................................................................................42 Section6.6 No Waiver:.........................................................................................................42 Section 6.7 No Termination for Breach:...............................................................................43 Section 6.8 Limitation of Liability:......................................................................................43 Section 6.9 Attorneys Fees:..................................................................................................43 ARTICLE VII MISCELLANEOUS...............:..............................................................................43 Section 7.1 Estoppel Certificates: ........................................................................................43 Section 7.2 Term and Perpetuity:.........................................................................................44 Section 7.3 Amendment:.......................................................................................................44 Section7.4 Notices:..............................................................................................................45 Section 7.5 Ground Lessee Assignment:....:.........................................................................46 • Section 7.6 No Covenant to Continuously Operate: ............................................................46 a0 Section 7.7 Severability:........................................... . .................... .................................46 ©A Section 7.8 No Public Dedication:.................. ..46 (4 Section 7.9 Counterparts:......................................................................................................47 a a; Section 7.10 Relationship of the Parties: t0 C � O V � C t! .fir tl � t m • lll • ECCIVsVIO.DOC , a2O7f 66 IIIII II III IIIII III IIIIIIII III��III I II IIII Pass:0/2712005 g181:07A • Shelly Vance-Gallatin Cc MT MISC 392.00 EASEMENTS. COVENANTS, CONDITIONS AND RESTRICTIONS THESE EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS (hereinafter referred to as "ECC&Rs"), are made and entered into as of the date of the last execution hereof, which date is theme day of 2005 ("Effective Date"),by and between Saccoccia Lands II, LLC, a Montana limited liability company ("Saccoccia II"),and Saccoccia Lands III, LLC, a Montana limited liability company ("Saccoccia IIr') and LOWE'S HIW, INC., a Washington corporation ("Lowe's") (the foregoing parties hereinafter collectively referred to as the"Parties"); WITNESSETH : WHEREAS, Lowe's is the owner of that certain tract of real property consisting of approximately sixteen (16) acres located in the City of Bozeman, Gallatin County, State of Montana, as more particularly described on Schedule I attached hereto and made a part hereof for Cc all purposes(the"Lowe's Parcel"); and to WHEREAS, Saccoccia II is the owner of certain tracts of real property located in the City a t! of Bozeman, Gallatin County, Montana, located contiguous with and adjacent to the Lowe's N.m d Parcel, which are not intended to be developed in coordination with the Lowe's Parcel, and are a 4M more particularly described in Schedule II attached hereto and made a part hereof for all purposes (the"Seller Commercial Parcel"and"Seller Adjacent Parcel"); and a WHEREAS, Saccoccia III is also the owner of a certain tract of real property located in ■� the City of Bozeman, Gallatin County, Montana, located contiguous with and adjacent to the o p Lowe's Parcel which is intended to be developed in coordination with the Lowe's Parcel, and is C ; more particularly described in Schedule III attached hereto and made a part hereof for all purposes("Lot 2"); and C ; WHEREAS, the Lowe's Parcel, Lot 2, the Seller Commercial Parcel, and the Seller t Adjacent Parcel are further designated on the .site plan of the overall development, attached hereto and made a part hereof as Exhibit A (the"Site Plan"). NOW,,THEREFORE, the Lowe's, Saccoccia II and Saccoccia III hereby declare, agree, covenant and consent that all of the Parcels described on Schedule I, Schedule II, and Schedule • 1 ECCWsV 10.DOC az �z�1 II III I(IIIIII III ill�l IIII IIII 10/27/20006 11:07R Shelley Vance-Gallatin Cc MT MIISC 392.00 III shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions which are imposed on such Parcels to run with the land and be binding on and inure to the benefit of all parties having any right, title or interest in the described Parcels or any part thereof, their heirs, successors and assigns for the purpose of development and operation of the Parcels and to protect the value of such respective Parcels. Further, in consideration of the premises, the agreements and the covenants of the Parties hereto, the mutual benefits and advantages accruing to them, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: ARTICLE I BASIC DEFINITIONS Section 1.1. "Project" shall mean the Lowe's Parcel, Lot 2, the Seller Commercial Parcel, and the Seller Adjacent Parcel. Section 1.2. "Shopping Center"shall mean and refer to the Lowe's Parcel and Lot 2. Section 1.3. "Building" shall mean the permanently enclosed structure(s) which eta has(have) been, will be or may be constructed within the Project, but shall not include Common • �0�m Area Improvements or any garden center on the Lowe's Parcel. For purposes of these ECC&Rs, V v `Building" shall include any appurtenant canopies, supports, loading docks, truck ramps and C other outward extensions. °' Section 1.4. "Common Area" shall mean all real property owned by the Parties within m the Shopping Center for the common use and enjoyment of the Owners in the Shopping Center and their respective Permittees, including, without limitation, parking areas, access and egress drives, service drives, sidewalks and non-dedicated streets and.shall consist of all portions of the Shopping Center not designated as Permissible Building Areas and all. portions of any q Permissible Building Area upon which no Building is currently constructed. Common Areas do 0 not include drive up or drive through areas and facilities, loading docks, patio areas, or p ; permanent outdoor sales areas. r Section 1.5. "Common Area Improvements" shall mean all improvements constructed from time to time within the Common Area and intended for common use which may include, without limitation, parking areas, access and egress drives, service drives, non-dedicated streets, • 2 ECCR'sV 10.DOC 111111111111111,111,Jill 220123 iQ • Shelly Vance-Gallatin Cc MT MISC 392.00 lighting standards, sidewalks, landscaping, fixtures, and signage. The initial Common Area Improvements are shown on the Site Plan. ` Section 1.6. "Consenting Owner" shall mean and refer to the Owner of the Lowe's Parcel and the Owner of the Seller Commercial Parcel. The Parties intend that there shall be .only two (2) Consenting Owners for the Project consisting of only one Consenting Owner representing the Seller Commercial Parcel and only one Consenting Owner representing the Lowe's Parcel. In the event that the Lowe's Parcel or the Seller Commercial Parcel are further subdivided, the current Consenting Owner shall designate the particular parcel of the subdivided Parcel whose Owner shall succeed as the Consenting Owner. Section 1.7. "Default Rate" shall mean the rate of interest that is the lesser of (i) twelve percent (12%) per annum, compounded monthly, and (ii) the maximum rate allowed by applicable law. Section 1.8. "Improvement(s)" shall mean Building(s) and other structures within a Permissible Building Area and Common Area Improvements in the Shopping Center and any Building(s) and roadways, parking areas, landscaping, access and egress drives, service drives, non-dedicated streets, lighting standards, sidewalks, fixtures and signage on the Seller co Nam ®m� Commercial Parcel and the Seller Adjacent Parcel. N.a a Section 1.9. "Maximum Square Footage" shall mean and refer to the maximum square C footage allowed for all Buildings contained within a single Permissible Building Area in the m Shopping Center. The Maximum Square Footage for each Permissible Building Area is shown g on the Site Plan. Any change to the Maximum Square Footage shown on the Site Plan shall be subject to the prior written consent of the Consenting Owners, which consent may be withheld in o the sole discretion of each of the Consenting Owners and any such change shall be reflected in an do C amendment to these ECC&Rs. Section 1.10: "Owner" shall mean and refer to the record owner, whether one or more persons or entities,of fee simple title to any Parcel which is located in the Project or as otherwise specified in these ECC&Rs. Section 1.11. "Parcel" shall mean and refer to any parcel of land shown as a parcel on the Site Plan and also the Lowe's Parcel, Lot 2, the Seller Commercial Parcel and the Seller Adjacent Parcel. "Outparcel" shall mean and refer to "Lot 2" as shown on the Site Plan. Every 3 ECCR sV l O.DOC aa07f 66 Shelley Vance-Gallatin Cc MT MISC 392.00 • Outparcel shall be a Parcel from the date of recording of a subdivision map showing the Outparcel, so that all references herein to Parcels shall apply with equal force to Outparcels; however,references to Outparcels shall be specific to Outparcels as herein defined. Section 1.12. "Permissible Building Area" shall mean the areas within the Shopping Center designated on the Site Plan within which a.Building(s) maybe constructed not to exceed the Maximum Square Footage. Any change"to the Permissible Building Areas shown on the Site Plan shall be subject to the prior written consent of the Consenting Owners, which consent may be withheld in the sole discretion of each of the Consenting Owners and any such change shall be reflected in an amendment to these ECC&Rs. Section 1.13. "Penmittees" shall mean tenants and subtenants and .the occupants, contractors, customers, agents, licensees, guests, and invitees of an Owner in the Project, its tenants and subtenants. ARTICLE 11 Cr EASEMENTS Section 2.1 Definitions and Documentation: co m •. ®�N For the purposes of this Article II,the following will apply: . N o a (A) An Owner granting an easement is sometimes called the "Grantor", it being N CL a intended that the grant shall thereby bind and include not only such Owner but also its successors and assigns. g (B) An Owner to whom the easement is granted is sometimes called the"Grantee", it rr being intended that the grant shall benefit and include not only such Owner but its successors, C assigns, and Permittees; although not for the direct benefit of Permittees, the Grantee may permit from time to time its .Permittees to use such easements; provided, however, that no such b permission nor the division of the dominant estate shall permit or result in a use of the easement in excess of the use contemplated at the date of the creation of such easement. .. i (C) The term"Utility Facilities"means utility systems and utility facilities serving the FA Shopping Center or the Project, as applicable, such as the following: storm drainage, detention, retention and disposal facilities and sanitary sewer systems,manholes,underground domestic and fire protection water systems, underground natural gas systems, underground electric power cables and, systems, underground telephone and television cables and systems, and all other 4 ECCR'sV 10.DCC ill Ill IIII IIIII IIIIII dill III IIIIIIII III IIIiI ilia iI�I Page:0 ®'� 1p • Shelley Vanot-Ullatln Cc MT MISC 392.00 utility systems and utility facilities installed under the provisions of these ECC&RS and as . replacements thereto. (D) The term "Common Utility Facilities" means Utility Facilities from time to time situated on or serving the Shopping Center, as specified in these ECC&Rs, up to the building wall of any Building, for use or service in common by all Owners. All Common Utility Facilities lying within any Common Area shall for all purposes be deemed to be included within the definition of Common Area Improvements. (E) The term "Separate Utility Facilities" means Utility Facilities not installed under the terms of these ECC&Rs for use in common by other Owners and not for service of any common area. (F) The word"in"with respect to an easement granted"in"a particular Parcel means, as the context may require,"in", "to'--',"on", "over", "through", "upon", "across", and"under", or any one or more of the foregoing. (G) All easements granted herein are non-exclusive and are irrevocable and perpetual. (H) All easements granted herein shall be easements appurtenant and not easements in gross. co r-oa (I) In the event an Owner transfers or conveys a portion of its Parcel in accordance N a with the terms of these ECC&RS, those easements granted under this Article II which benefit, a bind, and burden the remainder of the Parcel not transferred or conveyed shall benefit,bind, and burden the portion of the Parcel so transferred or conveyed, and those easements granted under g this Article II which benefit, bind, and burden the portion so transferred or conveyed shall �. rc benefit,bind, and burden the remainder of the Parcel of which it was a part. o (J) All easements granted hereunder and herein shall exist by virtue of these M ECC&Rs, without the necessity of confirmation by any other document. Likewise, upon the gtermination of any easement(in whole or in part)or its release in respect of all or any part of any Parcel, in accordance with the terms hereof,the same shall be deemed to have been terminated or C released without the necessity of confirmation by any other document. However, upon the reasonable request of an Owner, the other Owners shall sign and acknowledge a document memorializing the existence (including the location and any conditions), or the termination (in whole or in part), or the release(in whole or in part), as the case may be, of any easement, if the 5 ECCR'sV IO.DOC II -� IIIIN lllll Illll Illlll hill III Nllllll III Jill Jill 2207f Be Shelley Vance-Gallatin Cc MT MISC 392,IN • form and substance of the document is approved by the other Owners, which approval shall not be unreasonably withheld. No grant of an easement pursuant to this Article II shall impose any greater obligation on any Owner to construct or maintain its Building(s) except as expressly provided in these ECC&Rs. Section 2.2 Easements Granted With Respect to the Prot. The following easements apply to all or a portion of the Project. (A) Easement for the Private Road: Each Owner owning any portion of the Private Road as defined below hereby grants to the other Owner(s) easements for pedestrian and vehicular traffic across the roadway labeled"Private Road"on the Site Plan(the"Private Road"), together with the following rights and subject to the following restrictions and reservations: (i) The Grantors of the Private Road easement agree not to obstruct or interfere in any way with the free flow of pedestrian and vehicular traffic over the Private Road, W T! except to the extent necessary for reasonable repair and maintenance, traffic regulation and 00 control, and to prevent a dedication thereof or the accrual of any prescriptive rights to any person 49 0 r therein (provided, however, that prior to closing off any portion of the Private Road, as herein N v a �. Na� provided, such Owner shall give fifteen (15) days written notice to each other Owner of its a � a c intention to do so'and shall attempt to coordinate such closing with each other Owner, so that no unreasonable interference in the passage of vehicles shall occur). C _ (ii) After the initial construction of the Private Road, the location, road improvements, configuration or design of the Private Road shall not be changed without the prior U C written consent of each of the Owner of the Lowe's Parcel, the Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel, which consent may be withheld in the sole or discretion of each such Owner. (iii) The Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel grant to the Owner of the Lowe's Parcel an easement for the installation, construction, maintenance, repair and replacement*of the Private Road. Upon completion of the Private Road, the Owner of the Lowe's Parcel shall maintain, repair and replace the Private Road. Upon commencement of construction on the Seller Commercial Parcel or the Seller Adjacent Parcel (which shall be deemed to occur upon the commencement of rough grading on such Parcel), the Owner(s) of whichever above referenced Parcel on which construction has 6 ECCR'sVIO.DOC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P0207231A • Shelley Vance-Gallatin Cc MT MISC 392.00 commenced shall be obligated to pay its Pro Rata Share to the Owner of the Lowe's Parcel of the reasonable costs incurred by the owner of the Lowe's Parcel for maintaining, repairing and replacing the Private Road (consistent with the maintenance standards set forth in Section 5.1). The above Pro Rata Shares are as follows: (i) the Lowe's Parcel is 44.5 percent, (ii) the Seller Commercial.Parcel is.15.6 percent, and (iii)the Seller Adjacent Parcel is 39.9 percent. Any item of maintenance, repair or replacement in excess of$5,000 (such as repaving) shall require the prior written consent of the above specified Owners, which consent shall not be unreasonably withheld, conditioned or delayed more.than thirty(30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten(10)days, such Owner is deemed to have consented. Reimbursement will be due from such Owner within fA thirty (30) days after receipt by such Owner of an invoice with copies of reasonable backup W W m documentation (including paid invoices). O W (iv) The Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent N N Parcel shall have the right to make curb cuts anywhere upon their Parcels on the Private Road. n" O (B) Easements for Stolmwater Utility Facilities and Detention Pond. The Owner of _ a the Seller Adjacent Parcel hereby grants to each Owner an easement for storm drainage within g the area shown on the Site Plan as the "Stormwater Drainage Easement Area" and to discharge, Estore, detain or retain stormwater in that area shown on the Site Plan as the "Detention Pond". r_ , r_ The Owner of the Seller Adjacent Parcel hereby grants to the Owner of the Lowe's Parcel an easement to operate, maintain, repair and replace the Utility Facilities within the Stormwater 0 Drainage Easement Area and the Detention Pond("Stormwater Utility Facilities"). (i) Each Owner shall be responsible for complying with all storm water C g pollution prevention laws, rules and regulations (including, without limitation, employing best management practices with respect to control and management of water flows, residual runoff and parking lot sweeping), and shall be responsible for its own plans and its own monitoring, record-keeping, and reporting for compliance with storm water pollution prevention regulations (collectively, the "SWPP Obligations"). The fact that the Owner of the Lowe's Parcel or the 7 ECCR'sV 1OMOC 2207231 it A Shell9y Vance-Gallatin Cc MT MISC 392.00 • Owner of the Seller Adjacent Parcel are maintaining the physical condition of the Detention Pond and of the other portions of the Storm Drainage Easement Area shall not render the Owner of the Lowe's Parcel or the Owner of the Seller Adjacent Parcel liable or responsible for any other Owner's SWPP'Obligations. (ii) The Owner of the Seller Adjacent Parcel hereby grants to the Owner of the Lowe's Parcel an easement to construct, install, maintain, repair and replace the Stormwater Utilities Facilities and the Detention Pond. Initially, the Owner of the Lowe's Parcel shall maintain, repair and replace the Stormwater Utilities Facilities and Detention Pond. Upon the commencement of construction on any portion of the Seller Commercial Parcel, Lot 2, or the Seller Adjacent Parcel (which shall.be deemed to occur upon commencement of rough grading on such Parcel), the Owner of the Seller Adjacent Parcel shall assume from the Owner of the Lowe's Parcel and shall commence to maintain the Stormwater Utilities Facilities and Detention Pond and the Owner(s) of whichever above referenced Parcel on which construction has N commenced shall be obligated to. pay its Pro Rata Share of the costs of such operation, maintenance, repair and replacement of the Stormwater Utilities Facilities and Detention Pond to N0m the Owner of the Seller Adjacent Parcel. For purposes of this Section_2.2(B), the Pro Rata Nd= Shares are as follows: (i) the Lowe's Parcel is 43.7 percent, (ii)the Lot 2 is 1.7%, (iii)the Seller - a a Commercial Parcel is 15.3 percent, and (iv) the Seller Adjacent Parcel is 39.2 percent. Any item of maintenance, repair or replacement in excess of$5,000 shall require the prior written consent 3 of the above specified Owner(s) which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice staring within such notice that, if the Owner does not respond within ten(10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten(10)days of receipt thereof, such Owner is deemed to have consented. Reimbursement will be due within thirty(30) days after receipt by an Owner of an invoice with copies of reasonable backup documentation (including paid invoices). (iii) Promptly after the commencement of the maintenance by the Owner of the Seller Adjacent Parcel of the Stormwater Utilities Facilities and Detention Pond, the Owner of 3 ECCRW 10.DOC • the Lowe's Parcel and the Owner of the Seller Adjacent Parcel shall use good faith efforts to mutually agree upon a maintenance company which shall maintain, operate, repair and replace the Stormwater Utilities and Detention Pond. Such maintenance company shall not charge more than ten (10) percent for any managerial or administrative expense. Upon the commencement by the agreed upon maintenance company of the maintenance, repair and replacement of the Stormwater Utilities Facilities and Detention Pond, the above specified Owner(s) shall each pay to the agreed upon maintenance company their respective Pro Rata Shares of the costs of such operation, maintenance, repair and replacement of the Stormwater Utilities Facilities and Detention Pond as set forth above. Any item of maintenance, repair or replacement in excess of $5,000 shall require the prior written consent of the above specified Owner(s) which consent " shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have N consented to the request(s) of the requesting Owner. If such Owner does not respond to the om second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. �NO 9`n Reimbursement will be due within thirty (30) days after receipt by an Owner of an invoice with y a' copies of reasonable backup documentation(including paid invoices). a Cn (iv) The location of the Stormwater Drainage Easement Area and the Detention Pond may not be changed and the Stormwater Utility Facilities therein may not be . relocated or altered without the prior written consent of each of the Consenting Owners and the Owner of the Seller Adjacent Parcel which consent shall not be unreasonably withheld, U conditioned or delayed more than thirty(30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall • send out a second notice.stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. (C) Open Space Easement Agreement. .The Owner of the Seller Adjacent Parcel hereby grants to the Owner of the Lowe's Parcel an easement to construct, use, maintain, alter, 9 ECCR'sV 10.DOC '^207231 IIIII�IIIII I�III IIII�I NII�III IIIII�II III IIIIII III IIII 7Page: 12 1 5 0127/200511:07A Shelley Vance-Gallatin Cc MT MISC 392.00 • inspect, replace, repair, and install certain improvements required by the City of Bozeman to be located within the Open Space Easement Area ("Open Space Easement Improvements"). The Owner of the Lowe's Parcel shall not build or erect any structure or building(including, without limitation, any garage, shed, sign or paving) within that portion of the Seller Adjacent Parcel shown as the "Open Space Easement Area" on the Site Plan. The Owner of the Seller Adjacent Parcel agrees to execute any document reasonably required by any governmental entity pertaining to the Open'Space Easement Area, provided that such does not result in any cost or expense to the Owner of the Seller Adjacent Parcel or any additional encumbrance to area other the Open Space Easement Area. (D) Private Access Drive No Change Area. No change to the location and or road improvements on the area depicted on the Site Plan as the "Private Access Drive No Change . Area"shall be made without the consent of the Owner of the Lowe's Parcel and the Owner of the Seller Commercial Parcel which shall be in their sole discretion. However, the Owner of the Seller Commercial Parcel may make any curb cuts on the Private Access Drive No Change Area. g (E) The Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent m. Parcel hereby grant to'the Owner of the Lowe's Parcel temporary construction related easements • on their Parcels for the purpose of facilitating the initial construction of the Lowe's development N4 a of its home improvement center. a ai (F) No Cross Parking: The Owners in the Project hereby specifically disclaim any intention to create any reciprocal parking easements between the Lowe's Parcel and any other g Parcel in the Shopping Center(or in the Project). (G) Prior Easements, Covenants, Conditions and Restrictions. Certain Easements, p .�� Covenants, Conditions and Restrictions recorded in, the office of Gallatin County Clerk and n Recorder on February 9, 2004 as Document Number 2139990 ("Prior ECC&Rs") which were 5 later partially terminated by that Partial Termination Of Easements, Covenants, Conditions and Restrictions recorded in the office of Gallatin County Clerk and Recorder on October z 2 , 2005 41 as Document Number 29ams The parties hereto acknowledge that the easements granted pursuant to these ECC&Rs are substantially similar to the easements granted in the Prior ECC&Rs, which certain easements, including, including, but not limited to, Article II (Easements) (the "Prior ECC&R Easements") run to the benefit of the City of-Bozeman (the . 10 ECCR'sV IO.DOC ! J 2207231 1 I�III�III�I II�II III��I I�III III IIIIIIII III IIII��(I�I�I) Page: f 5 0/27/2005 1 :07A • 'h*llay Vanoa-Gallatin Cc MT MISC 392.00 "City") and which easements would have been terminated hereby and replaced by these ECC&Rs if the Prior ECC&R Easements did not run to the benefit of the City. Therefore, the parties to these ECC&Rs irrevocably agree that, as between such parties and their respective heirs, successors and assigns as the Owners in the Project, they shall enjoy, obey, comply with, use, enforce, and respect these ECC&Rs and all rights, easements, covenants, conditions,restrictions, duties, obligations, interests and duties set forth herein in these ECC&Rs in lieu of the Prior ECC&Rs and the Prior ECC&R Easements. Section 2.3 Easements Granted With Respect to the Sho]2]2ing Center. The following easements apply to all or a portion-of the Shopping Center and in some instances some of the provisions in this Section 2.3, if specified, shall apply to both the Shopping Center and to the Project as a whole. (A) Easements for Use of Common Area. (i) Grant of Easement: Each Owner in the Shopping Center hereby grants to the other Owner in the Shopping Center easements in the Common Area on its(Grantor's)Parcel t0 `= for: oe N (a) ingress to and egress from the Grantee's Parcel; N (b) the passage of vehicles; (c) the passage and accommodation of pedestrians; and (d) the doing of such other things as are expressly.authorized or required _N to be done on the Common Area under these ECC&Rs. = E (ii) Design of the Common Areas: p (a) Initial Development of the Common Areas: The Common Area Improvements depicted on the Site Plan are hereby deemed approved by the Consenting Owners. n C C (b) Enjoyment and use of the Common Area easements granted by this Section 2.3(A) shall.commence on the date the Common Area Improvements with respect to the i Common Area in question are substantially complete. (iii) Common Area Sales and Display: Notwithstanding the grant of easements under Section 2.2(A), sales and displays may be located within the Common Area but only as follows: • 11 ECCR'sV I O.DOC 2207231 Peas: 14 of 56 05 11.07A Shelley Vance-Gallatin Cc MT MISC 392.00 (a) The Owner of the Lowe's Parcel may conduct parking lot sales, • conduct other business and/or display merchandise in that portion of the Common Area (including the parking field) to the side of or in front of any Building on the Lowe's Parcel so long as such activity does not materially interfere with ingress and egress to the rest of the Shopping Center and is not in violation of any applicable law or ordinance. (b) The Owner of the Lowe's Parcel shall have the right, but not the obligation, to install and maintain a bank teller machine or similar kiosk type structure(s) within and on the exterior of the Building on the Lowe's Parcel. (c) The Owner of the Lowe's Parcel may display merchandise, conduct sidewalk sales and/or conduct other business on the sidewalks on the Lowe's Parcel and may otherwise enclose and/or redesign its sidewalk areas without the need of obtaining any other Owner's consent. LO (d) The Owner of the Lowe's Parcel may park vehicles or equipment in CO m the parking field of the Lowe's Parcel in connection with the leasing of vehicles and/or Nn� equipment. N�a t - • N (iv) Easements for Access Roads: Each Owner in the Shopping Center hereby grants to the other Owner(s) in the Shopping Center easements for pedestrian and vehicular traffic m those drive aisles and access roads (not less than the widths therefor shown on the Site v a Plan) on its (Grantor's) Parcel which are shown on the Site Plan as an "Access Road" (hereinafter collectively referred to as the"Access Road(s)") for the purpose of providing ingress to and egress from the Grantee's and Grantor's Parcel and Tschache Lane, together with the i following rights and subject to the following restrictions and reservations: ..NOMMMe ,`• (a) The use of the Access Road easements by any person entitled to the use thereof shall be in common with all other such persons. The Access Road easements and the land upon which they are located shall be considered in all respects part of the Common Area, and 'the improvements thereon shall be considered in all respects part of the Common Area Improvements; and (b) As further provided in Section 2.3(A)(vi) herein, Grantors of the Access Road easements agree not to obstruct or interfere in any way with the free flow of pedestrian and vehicular traffic over the roadways which comprise an Access Road, except to the 12 ECCR'sV 10.DOC 07231 II��IIIliillllll I IIIIII IIIII III IIIIIIII III IIIII�III IIII Page:0/27/2006 of 16607fi • Shelley Vance-Gallatin Cc MT MISC 392.00 extent necessary for reasonable repair and maintenance, traffic regulation and control, and to prevent a dedication thereof or the accrual of any prescriptive rights to any person therein. After the initial construction of the Access Roads, the location, road improvements, configuration or design of the Access Roads shall not be changed by the Owner of the Lowe's Parcel without the prior written consent of the Owner of Lot 2 which shall be in its sole discretion. (v) General Provisions for Common Area Easements: (a) No barriers, fences, walls, grade changes or other obstructions shall be erected so as to impede or interfere in any way with the free flow of vehicular and pedestrian traffic between those portions of the Shopping Center from time to time devoted to pedestrian access, vehicular roadways or parking area, or in any manner unreasonably restrict or interfere with the use and enjoyment by any of the Owners in the Shopping Center of the rights and easements created by this Article 11. In addition, each Owner in the Shopping Center may temporarily.close or block traffic on its Parcel for the time necessary for the purpose of protecting ownership rights and preventing creation of easements to the public and unrelated third parties'(provided, however, that prior to closing off any portion of the Common Area, as �m herein provided, such Owner shall give fifteen(15)days written notice to each other Owner of its QO o m a- intention to do so and shall attempt to coordinate such closing with each other Owner in the N Shopping Center, so that no unreasonable interference in the passage of pedestrians or vehicles Nd� C shall occur), and may temporarily fence off portions of its Parcel as reasonably required for the purpose of repair, construction and reconstruction. g. (b) The easements granted under this Section 2.3(A) are limited to such C portions of the Common Area of the Grantor's Parcel as are now or hereafter from time to time set aside or intended to be set aside, maintained and authorized for such use under these ECC&Rs, specifically including those portions of the Common Area shown on the Site Plan. 0 (c) Each Owner in the Shopping Center hereby reserves the right to eject from the Common Area on its Parcel any person not authorized to use the same. t (d) The easements provided for in this Section 2.3(A) are subject to the a rights to use and the restrictions on use of the Common Area provided for in these ECC&Rs. (B) Easements for Utility Facilities: • 13 ECCRW I O.DOC IIIII�IIII�II�II IIII�I II�II III(IIIII�I III IIIIII III��II 2206 of 56 Shelley Vance-Gallatin Cc MT MISC 392.00 (i) Grant of Easement: Each Owner in the Project hereby grants to the other • Owner(s) in the Project perpetual easements to its (Grantor's) Parcel, except within an Owner's Permissible Building Area, for the installation, use, operation, maintenance, repair, replacement, relocation and removal of Common Utility Facilities and Separate Utility Facilities serving the Parcel of the Grantee. Such easements shall be located to minimize disruption of the Grantor's parking and other improvements on the Grantor's Parcel. (ii) Installation,Repair and Maintenance: (a) All Separate Utility Facilities installed; whether installed under this Section 2.3(B) or otherwise, and all, Utility Facilities, shall be underground, if reasonably possible. (b) The location of the Utility Facilities-shall be subject to the prior written consent of the Owner across whose Parcel the same are to be located, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty(30) day period, the Owner qN ;� seeking consent shall send out a second notice stating within such notice that, if the Owner does 00 0 to not respond within ten(10) days, such Owner will be deemed to have consented to the request(s) • N of the requesting Owner. If such Owner.does not respond to the second notice within ten (10) Na� days of receipt thereof, such Owner is deemed to have consented. (c) Except as otherwise provided herein, the Grantee of any easement for r Separate Utility Facilities under this Section shall be responsible, as between such Grantee and the Grantor, for the installation, maintenance, repair and removal at Grantee's cost of all Separate Utility Facilities installed by the Grantee pursuant to this grant of easement, as well as for all Separate Utility Facilities installed by the Grantee on its own Parcel. The Grantee. of any easement for Utility Facilities shall be responsible for the installation, maintenance, repair and O > removal at Grantee's cost of all Utility Facilities installed by the Grantee pursuant to this grant of .�. easement; Grantee may or may not be reimbursed by the Owners pursuant to a separate a agreement, however nothing in this Agreement shall obligate the Owner of a Parcel to pay for the costs of installing, maintaining, repairing or removing Utility Facilities on its Parcel (other than relocation at Grantor's request pursuant to Section 2.3(B)(v)). • 14 ECCRW 10.DOC 2207232 IIIIII II��I IIII�N�II�IIIII��)IIII��II(I�IIIIII III III Pass: D r 66 0/27/200611:07A • Shallay Vanoa-Gallatin Co MT MISC 392.00 (d) Any installation, maintenance, repair, replacement, relocation and removal of Utility Facilities shall be performed by Grantee only after thirty (30) days advance notice to Grantor of.Grantee's intention to do such work. However, in the case of an emergency (whereby either persons'or property are in immediate danger of substantial damage and/or harm), any such work may be immediately performed after giving such advance notice to Grantor as is practicable and reasonable under the circumstances. (e) All installation, maintenance, repair and removal of Utility Facilities shall be performed in a manner that causes as little disturbance to Grantor as may be practicable under the circumstances and any and all portions of the surface area of Grantor's Parcel which may have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of Grantee, to essentially the same condition as existed prior to the commencement of any such work. •(f) After the Building on the Lowe's Parcel has opened for business, notwithstanding anything to the contrary in these ECC&Rs, no Owner in the Project, except the LD Owner of the Lowe's Parcel, shall do any installation, repair, replacement or removal of any m a Utility Facilities in the Project that will disrupt the business on the.Lowe's Parcel, which tY J P Na includes, but is not limited to, (i) blocking access and ingress and egress to the Lowe's Parcel, and (ii) causing any disruption to or cessation of any utility services to the Lowe's Parcel a� (however, temporary interferences with and diminutions in utility services shall be permitted if they occur during the non-business hours of Lowe's, and such Owner in the Project notifies the E Owner of the Lowe's Parcel at least thirty (30) days prior to doing so and coordinates with the manager of the store on the Lowe's Parcel for a reasonably convenient time and duration for C such temporary interference or diminution to avoid any adverse effect to the business on the S Lowe's Parcel.) C (iii) Easements to Public Utilities. Any grant or other conveyance of an t easement to a public utility, as Grantee, by a Grantor in the Shopping Center on its Parcel shall, a without necessity of further recital in the conveyancing instrument, be deemed to include the following conditions, covenants and restrictions, in addition to the other provisions of Section 2.3(B), to which such public utility and its successors.shall be bound unless specifically stated otherwise in such instrument. 15 ECCR'sV!0.DOC A7231 i I I I IIIIIIIII�IIIIIIIIIIIIIIIII P0/27 1ie 2006f 15 1:07A I I�'III IIIII IIIII IIIIII II(II Sha11aY Vance-Gallatin Cc MT MISC 392.00 (a) The easement is non-exclusive; • (b) _ All. Utility Facilities installed pursuant to the easement. shall be underground, except for manholes and manhole covers which shall be flush with adjacent grade, -and except as otherwise shown on plans subject to the prior written consent of Grantor, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty(30)days. If such Owner from which consent is sought does not respond within the foregoing thirty(30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10)days of receipt thereof, such Owner is deemed to have consented; (c) The right to use the surface areas for the purposes allowed under these ECC&Rs is reserved; (d) Grantor reserves the right to require Grantee to relocate its facilities (and vacate the easement) to another location on Grantor's Parcel, subject to the conveyance of a similar easement, all at Grantor's cost and expense; N (e) Grantee shall not, in its use or installation, interfere with other • c0 o m installations and easements in the area; fl-.Ma (f) Grantee shall protect its Utility Facilities against uses of the surface Na� made by Grantor and others; (g) Grantee shall make adequate provisions for the safety and convenience a.. of all persons using the area; (h) 'Grantee, following installation or other work, shall replace and restore the areas and improvements to the condition in which they were immediately prior to . performance of such installation and work; (i) Grantee shall defend, indemnify and hold harmless Grantor against all E loss, liability, and costs (including reasonable attorney's fees and excluding punitive damages) except that which may result from Grantor's grossly negligent or intentional wrongful act or omission of Grantor, its agents, employees and contractors; and (j) Grantee shall not permit any claim, lien or encumbrance to attach against Grantor's Parcel or any interest therein. 16 • ECCWsV 10.D0C 1111131of 66 Q • Shallav Vanoa-Gallatin Co MT MISC 392.00 (iv) Indemnification: The Grantee shall defend, indemnify and hold Grantor harmless from and against any and all liens, losses, liabilities, costs or expenses (including reasonable attorney's fees and excluding punitive damages), incurred in connection with Grantee's use of the Utility Facilities easements under this Section 2.3(B), except to the extent occasioned by Grantor's grossly negligent or intentional wrongful act or omission to act. (v) Grantee's Rights as to Utility Facilities: (a) Use of Separate Utility Facilities: The Grantor of any easement for Separate Utility Facilities under this Section 2.3 may use the utility facilities installed pursuant to such easement; provided, however, that any increase in .costs incurred in order to make such utility facilities adequate to serve Grantor's additional use shall be borne by such Grantor;. and provided, further, that Grantor gives written notice within the time period called for under, and otherwise complies with,the requirements of Section 2.3(B)(v)(b). (b) Relocation of Utility Facilities on Grantor's Parcel: The Grantor of any easement under this Section 2.3 may relocate on its Parcel any Separate Utility Facilities or Utility Facilities installed thereon under any easement granted by it;provided,however,that such 46 -V �m� relocation: CO (1) may be performed only after Grantor has given Grantee thirty (30) B �NN N a a days' written notice of its intention to relocate such facilities; a (2) shall not interfere with or diminish the utility services to the Grantee e (however, temporary interferences.with and diminutions in utility services shall be permitted if they occur during the non-business hours of the Grantee, and Grantee has been notified at least thirty(30)days prior to such temporary interference with or diminution in utility services); (3) shall not reduce or unreasonably impair the usefulness or function of MEMEMEMEC the facilities in question; (4) shall be located underground,if reasonably possible; (5) shall be performed without cost or expense to Grantee, and, if Utility Facilities or Separate Utility Facilities which provide service to the Grantee are involved, in � t "' accordance with plans approved by the Grantee which approval shall not be unreasonably withheld, conditioned or delayed more than thirty(30) days. If such Owner from which approval -is sought does not respond within the foregoing thirty (30) day period, the Owner seeking • 17 ECCR'sV I O.DOC 2207231 I i iilll iiil�i I�iil iii liilllll ili I�i�ill'I I�Ii Pass: 0l2712006r 16B07R Illliilili Sh.11.Y Vance-Gallatin Co MT MISC 392.00 • consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have approved the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have approved.; and, (6) notwithstanding anything to the contrary in these ECC&Rs, shall not disrupt the business on the Lowe's Parcel, which includes, but is not limited to, (i) blocking access or ingress and egress to the Lowe's Parcel, or(ii) causing any disruption of or cessation to the utilities services to the Lowe's Parcel (however, temporary interferences with and diminutions in utility services shall be permitted if they occur during the non-business hours of Lowe's, and such Owner in the Project notifies the Owner of the Lowe's Parcel at least thirty (30) days prior to doing so and coordinates with the manager of the store on the Lowe's Parcel for a reasonably convenient time and duration for such temporary interference or diminution to avoid any adverse effect to the business on the Lowe's Parcel.) (C) Drainage: Each Owner in the Shopping Center hereby grants to the other Owners Win the Shopping Center easements to use, maintain and repair any.storm water drainage system CO o m (the "Storm Drainage System") now or hereafter located on their Parcels, together with the right • r%-a 4D`"L4 to discharge surface water runoff across portions of any Parcel in accordance with the design of Nag N all a the Storm Drainage System; provided, however, that use, maintenance and repair of any Utility Facilities for the Storm Drainage System shall comply with Section 2.2(A) and Section 2.2(B). C All Storm Drainage Systems shall be subject to the prior written consent of the Owner of the Lowe's Parcel and the Owner of Lot 2, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty(30) days. If such Owner from which consent is sought C does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten 5 (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt � i thereof, such Owner is deemed to have consented. Any alteration in the natural water flow which may occur as a natural consequence of normal construction activities and the existence of an Owner's Improvements (including, without limitation, Buildings, curbs, drives and paving) shall be permitted, provided that the same is in accordance with a drainage plan consistent with the 18 ECCR'sV10 DOC (IIIII IIII�IIIII IIIIII III�I III(�IIIIII 2207231 III I�IIIII�i IIII 10/27/2005 11:07A Shelley Vance-Gallatin Cc MT MISC 392.00 requirements of the City of Bozeman and consented to by the Consenting Owners which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. Such drainage shall not.cause water to settle or pool within another Owner's Parcel. The Owner of the Lowe's Parcel grants the Owner of Lot 2 an easement to connect the stormwater drainage facilities of Lot 2 with the stormwater drainage facilities of the Lowe's Parcel in a location and manner consented to by the Owner of the Lowe's Parcel which consent shall not be unreasonably withheld, conditioned or delayed more than thirty(30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send.out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of. N the requesting Owner. If such Owner does not respond to the second notice within ten (10) days toof receipt thereof, such Owner is deemed to have consented. N (D) Construction Easements: N.a n= (i) Each Owner in the Shopping Center hereby grants to the other Owners in a the Shopping Center temporary construction related easements in the Common Area of its (Grantor's) Parcel, and where appropriate and necessary in the Permissible Building Area on its (Grantor's) Parcel, but only prior to and without delaying the commencement of construction by 0 Grantor of Improvements on its own (Grantor's ) Parcel, for the purpose of facilitating the initial U construction of the Grantee Improvements contemplated within these ECC&Rs. MMMMMMMM (ii) With respect to any Parcels in the Project on which dirt is dumped, the area shall be sloped,to meet any contiguous property within the Project or any public roads, and shall be smoothed in a level manner consistent with the contours of the adjoining property or in accordance with a grading plan consented'to by the affected Owner, which approval shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner • 19 ECCR'sV I O.DOC 231 I IIIII)IIIII IIII�(IIIII IIIII III IIIIIIII III IIII�II II I II 10�127/2006'1 5 1:07A Shelley Vance-Gallatin Cc MT MISC 392.00 seeking consent shall send out a second notice stating within such notice that, if the Owner does • not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. (iii) The location and use of all temporary construction easements under this Section 2.3(D) shall be subject to the prior written consent of Grantor,which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period,the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten(10)days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. (iv) Each Grantee agrees to pay the Grantor any additional cost of construction, maintenance, repair and replacement of any improvement or structure constructed by Grantor N which may arise on account of or due to Grantee's exercise of its temporary construction 00.6� • pp o m easement.rights under this Section 2.3(D). Each Grantee further agrees to use due care in the rtoa 9"4r exercise of the rights granted under this Section 2.3(D) and, in the event the exercise of the rights N Na_ granted under this Section 2.3(D) requires Grantee to enter upon the Parcel of Grantor, to first g -; ' obtain the consent of Grantor as to the specific activities, methods and timing in the exercise of such rights so as to avoid cost or damage to Grantor. (v) Each Owner in the Project covenants and agrees, respectively, that its o0 exercise of such easements shall not result in damage or injury to the Building(s) or other 5 Improvements of any other Owner, and shall not interfere with or interrupt the business operations conducted by any other Owner. "Furthermore, once the final topcoat of asphalt or 5 concrete paving has-been placed on the Lowe's Parcel or any Common Area access, egress and service drives to the Lowe's Parcel, all construction traffic to or from Lot 2 shall be limited to the to westernmost Access Road from Tschache Lane to the Shopping Center and otherwise not upon the Lowe's Parcel and all construction traffic to or from the Seller Commercial Parcel and the Seller Adjacent Parcel shall be limited to entrances on Baxter Lane and the Private Road (and shall use no portion of the Lowe's Parcel for such traffic). In addition, each Grantee, at its sole 20 • ECCR'sV l O.DOC IIIII IIIII IIIII IIIIII IIIII III�IIIIIII III IIlil�l 1�I��� 2203 of 56 • Shelley Vance-Gallatin Cc MT MISC 392.00 cost and expense, shall promptly repair, replace or restore any and all improvements of Grantor which have been damaged or destroyed in the exercise by Grantee of the temporary construction easements granted under this Section 2.3(D) and shall defend, indemnify and hold Grantor harmless from and against all liens, losses, liabilities, costs or expenses (including reasonable attorneys' fees and excluding punitive damages) incurred in connection with or arising out of Grantee's exercise of said temporary construction easements, except to the extent occasioned by Grantor's grossly negligent or intentional wrongful acts or omissions. (vi) Grantee's Improvements made within such temporary construction easements shall, for purposes of cost allocation due to maintenance, operation, insurance, taxes, repairs, reconstruction and restoration under these ECC&Rs, be deemed to be part of the Grantee's Parcel and Building and shall be deemed not to be part of the Grantor's Parcel or Building for such purposes in the Project. (vii) Except as reasonably necessary for and during the construction of any �O qW n Building, no structure of a temporary character shall be erected or allowed to remain on any 0 Parcel. 490 NM !V (E) Sign Easement. The Owner of the Lowe's Parcel hereby grants to the Owner of Lot 2, the Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel as a; provided in Section 4.3 of these ECC&Rs an easement to display a total of four (4) sign panels on the Center Sign, an easement for maintenance, repair and replacement of such sign panels. Section 2.3(E) shall not be construed to mean that each of the above Owners shall be entitled to display four(4) sign panels each. For clarification purposes, there may be.only a combined total of four(4)panels beneath the Lowe's sign panel. ARTICLE III t• O USE RESTRICTIONS � t Section 3.1 Nuisances: No Parcel in the Project shall be used for anything other than purposes which may be permitted by applicable zoning regulations. Nothing shall be done on any Parcel in the Project which is a public nuisance to the community. Section 3.2 Permitted Uses for the Shopping Center: Each Parcel in the Shopping Center • shall be used only for financial institutions, service shops, Retail Offices, retail stores selling 21 EMUsV IO.DOC IIIIII(IIII IIIII IIII�I IIII�III(III�III 111111,11111 Jill2204 of 56 Shelley Vance-Gallatin Cc MT MISC 392.00 • retail merchandise normally carried in other shopping centers and restaurants with less than forty (40%) percent of gross revenues from alcoholic beverage sales, all as subject to the further restrictions of this Article III. "Retail Offices" shall mean offices of the type customarily found in retail shopping centers for use primarily with customers or clients including, without limitation, insurance ,offices, real estate offices, banks and financial institutions, and travel agents, but shall not include educational or training facilities or medical or dental offices: No Retail Office use shall exceed 7,500 square feet and the total of all Retail Office use in the Shopping Center shall not exceed 8,000 square feet. Section 3.3 Use Restrictions for the Shopping Center and the Seller Commercial Parcel: (A) During the term of these ECC&Rs no portion of the Shopping Center and the Seller Commercial Parcel may be used for any of the following purposes without the prior written consent of the Consenting Owners which consent may be withheld in the sole discretion of a Consenting Owner: (i) A liquor store, or a tavern, bar, nightclub, cocktail lounge, discotheque, a dance hall, or any other establishment selling alcoholic beverages for on-premises consumption; V m provided,however, the foregoing shall not prohibit the operation of a restaurant where the sale of • c0 0 m a alcoholic beverages therein comprises less than forty (40%) percent of the restaurant's gross Na revenues. (ii) A-bowling alley, billiards parlor, bingo parlor, arcade or other amusement . center. g (iii) A theater(motion picture or live performance). (iv) A health club, gymnasium or spa, provided, however, the foregoing shall C not prohibit a health club, gymnasium or spa containing less than 20,000 square feet of floor area on the Seller Commercial Parcel. n (v) A service station,automotive repair shop or truck stop. (vi) A flea market, open air market,tent sale or pawn shop. t (vii) A training or educational facility (including, without limitation, a school, m college, reading room or other facility catering primarily to students and trainees"rather than customers; provided that such restriction shall not prohibit the incidental use of an otherwise 22 ECCR'sV IO.DOC J 220 231 IIIIII IIIII I�III IIIIII i�lll III IIIIIIII III IIII�'I�I I II 10/27/20061151:07A • Shelley Vance-Gallatin Cc MT MISC 392.00 permitted business for training or classes, such as "how to"classes taught in conjunction with the sale of retail items from an otherwise permitted retail use). (viii) A child day care facility. (ix) A car wash, except on an Outparcel and where the same shall have constructed and shall use sanitary sewer, water and storm water drainage lines entirely separate from those utilized by the Lowe's Parcel. (x) A medical clinic or medical office, provided, however, the foregoing shall be permitted on the Seller Commercial Parcel. (xi) A storage or mini-warehouse facility. (xii) An establishment for the sale of automobiles, trucks, mobile homes, boats or recreational motor vehicles (provided that such restriction shall not prohibit the lease of vehicles or equipment from the Lowe's Parcel). (xiii) A dry cleaning plant, central laundry or laundromat,provided,however the foregoing shall not prohibit pickup laundry services or pick up dry cleaning with no washing or N dry cleaning done on site shall be permitted. COID o to (xiv) A hotel or motel, provided, however, the foregoing shall be permitted on mom 4D N the Seller Commercial Parcel. N qa N a (xv) Governmental offices, provided, however, the foregoing shall be permitted m ci on the Seller Commercial Parcel. ��. (B) During the term of these ECC&Rs no portion of the Project may at any time be used for any of the following uses whatsoever: Ic (i) An adult type bookstore or other establishment selling, renting, displaying S or exhibiting pornographic or obscene materials (including without limitation: magazines,books, movies, videos, photographs or so called "sexual toys") or,providing adult type entertainment or 22 activities (including, without limitation, .any displays or activities of a variety involving, exhibiting or depicting. sexual themes, nudity or lewd acts) provided, however, that such prohibition shall not prohibit the sale of adult materials in compliance with applicable laws and as an incidental part of a bona fide national or regional chain video store, such as Blockbuster or Hollywood Video, or a bona fide national or regional chain general interest bookstore, such as • Barnes &Noble or Borders. 23 ECCR'sV 10.DOC I IIIIII IIIII IIIII IIIIII IIIII III IIIIIIII III INIIII II I��I 10/2712005 220�a31A Shelley Vance-Gallatin Cc MT MI SC 392.00 • (ii) A massage parlor. (iii) A skating rink. (iv) A mortuary, crematorium or funeral home. . (v) A mobile home or trailer court, labor camp,junkyard or stockyard. (vi) A land fill, garbage dump or other such facility for the dumping, disposing,incineration or reduction of garbage. (vii) A telephone call center on Lot 2, provided, however, the foregoing shall not be prohibited on the Seller Commercial Parcel and the Seller Adjacent Parcel. (viii) A casino, gambling establishment or betting parlor except as part of the operation of restaurant permitted herein, provided, however, that the total floor area of such restaurant used for gambling shall not exceed thirty (30) percent of the total floor area of the restaurant. (ix) Veterinary hospital or animal raising or keeping facilities except as part of a bona fide national or regional chain pet or pet supply store having at least ten (10) locations under the same name within one(1)or more states. (x) Assembling, manufacturing, industrial, distilling, refining or smelting • N �m facility, provided, however, light assembling and light industrial facilities shall be permitted on the Seller Commercial Parcel and the Seller Adjacent Parcel. a �NN N 4 a Section 3.4 Exclusive Use Restriction for the Benefit of the Lowe's Parcel: Na� (A) No portion of the Project other than the Lowe's Parcel may be used for the following purposes: (i) A hardware store or center containing more than 5,000 square feet of floor area. (ii) An appliance and/or lighting store or center containing more than 5,000 square feet of floor area, provided, however, the foregoing shall not prohibit the operation of a home electronics store such as a Best Buy, Circuit City, and Frye's Electronics. However, such lop home electronics stores shall be subject to the restrictions set forth in Section 3.4(A) through. Section 3.4(B). Notwithstanding anything to the contrary contained herein, the square footage limitations contained in this Section 3.4(A)(ii) shall not apply to Best Buy, Circuit City and • 24 ECCR'sV 10.DOC IIIIII(IIII I�III IIII�I IIIII II�IIIIIIII�II��In��II II 122@7256 31A Shelley Vanoe-Gallatin Co MT MISC 392.00 Frye's Electronics as they are operated and merchandised as of the Effective Date of these ECC&Rs. (iii) A nursery and/or lawn and garden store or center containing more than 3,000 square feet of floor area(including any outdoor areas). (iv) A paint store or center, wall paper store or center, tile store or center, flooring store or center,.or carpeting store or center, containing more than 4,000 square feet of floor area for each separate use described in this Section 3.4(A)(iv). (v) A retail and/or warehouse home improvement center, lumber yard, building materials supply center, home improvement service center and/or other stores or centers similar to those operated by or as Lowe's, Home Depot, Home Depot Expo, Villagers Hardware, 84 Lumber, Wickes, Hughes Lumber, McCoys, Menard's, Sears Hardware, Great Indoors, Sutherlands, Scotty's and Orchard Supply. However, this Section 3.4(A)(v) shall not prohibit the operation within the Project of businesses named Dillards, Gottschalk's, JC Penneys; Kohl's; May Department Store; Lord & Taylor; Foley's; Bon-Macy's; Bon-Macy's Furniture; Macy's; • Saks; Herbergers; Off 51h; Proffitt's; Yonkers; Nordstroms; Target; Mervyns and Marshall Fields as they are currently operated and merchandised as of the Effective Date. The businesses named in the foregoing sentence shall still be subject to the restrictions set forth in Section 3.4(A) and N Section 3.4(B). F- (B) These restrictions or exclusive rights shall also apply to prohibit a larger business m l�V N N o a having space in its store devoted to selling the merchandise described in subparagraphs (A)(i) N2 a� 33 through (A)(v)when such space exceeds the limitations of subparagraphs(A)(i)through(A)(v). a (C) Notwithstanding anything to the contrary in Section 3.5, in the event a retail U and/or warehouse home improvement center, lumber yard, building materials supply center, 111 hardware store, lawn and garden store, appliance, and/or lighting store, and/or paint, wall paper, tile, flooring, carpeting and/or decor store or center is not operated in any portion of the Lowe's Parcel for a period in excess of three (3) consecutive years (excluding temporary closings due to alterations, casualty, condemnation, or other unavoidable delays beyond the reasonable control of eeeea� o the Owner of the Lowe's Parcel), the above stated exclusives shall be of no further force and/or effect until such time as Lowe's or its successors, assigns or tenants shall re-open a store on any a portion of the Lowe's Parcel for any one of the foregoing uses, which reopening shall not 25 ECCR'sv 10.DOC za0�z3 i I IIII�IIIII�''III�IIIII�1 imme ��.07R Shelley Vanoe-Gallatin Ca MT MI6C 392.00 10ri7r prohibit uses in violation of such exclusives if such uses were begun during such time as the above exclusive use restrictions were of no force and/or effect. Section 3.5 Proprietary Riahts of Lowe's: Any owner, occupant or person owning, leasing or otherwise making use of any portion of the Project shall be deemed, by virtue of accepting such ownership, leasehold interest or making such use, to have covenanted and agreed that (i) the trade names, trademarks, service marks (including, without limitation, all logos, emblems, designs or designating words or names) utilized by Lowe's HIW, Inc. or its affiliated companies ("Lowe's"), in connection with the Shopping Center and the Project or the conduct of its business thereat are registered and/or the proprietary property of Lowe's or its affiliates, (ii) except as provided below, no usage of those marks or names will be made in naming or referring to any activity within or without the Shopping Center or Project and (iii)no usage of such marks or names shall be made without the prior written consent of Lowe's and Lowe's legal counsel, which consent Lowe's may withhold in its sole discretion. Lowe's reserves the right to require any person or entity to whom it may grant a written right to use a given name or mark to enter into a formal written license agreement with Lowe's and to charge a fee or royalty therefor. • �p ARTICLE IV ate= 00 0 GENERAL CONSTRUCTION &DEVELOPMENT F- Nvm Section 4.1 Development Parameters for the-Shop ping Center and the Project: Nn (A) Permissible Building_Areas: All Buildings within the Shopping Center must.be � a constructed within a Permissible Building Area. No Building within the Shopping Center can exceed the Maximum Square Footage shown for each'Permissible Building Area or� the Site Plan. Within the Shopping Center, no building, structure or improvements (other than Common � E H Area Improvements) shall be erected or maintained outside of a Permissible Building Area. The V Permissible Building Areas and Maximum Square Footages as shown on the Site Plan cannot be changed without the prior written consent of the Owner of the Lowe's Parcel and the Owner of 00 Lot 2, which may be withheld in their sole discretion, and which changes shall be reflected in an amendment to these ECC&Rs. (B) Parking Requirements. Each parcel within the Seller Commercial Parcel and Lot 2 shall be self-supporting with respect to parking and shall each contain the lesser of(i) not less 26 . ECCR'sV l0.DOC 1207231Q • Shelley Vance-Gallatin Cc MT MISC 392.00 than fifteen (15.0) paved full size automobile parking spaces per each 1,000 square feet of building floor area for restaurant use (including fast food restaurant use) and five (5.0)paved full. size automobile parking spaces for each 1,000 square feet of building floor area for any other permitted use constructed thereon, or(ii) the maximum amount of parking spaces allowed by the City of Bozeman. To be self-supporting, the parking spaces must be located on each such Parcel so that parking spaces available on other Parcels or available through .easements with other Parcels cannot be counted in meeting the requirements of this Section. (C) Fire Protection: All improvements within the Project shall be constructed in compliance with all applicable federal, state, and local building codes and particularly all improvements within sixty(60) feet of the Building on the Lowe's Parcel shall be sprinklered for fire protection or a fire wall built such that the sprinklered rate for such Buildings will be preserved. There shall be sixty (60) feet of open space on which no buildings or improvements may be constructed around the Building on the Lowe's Parcel such that the Building on the Lowe's Parcel maintains an unlimited area classification for fire protection purposes. Notwithstanding anything else to the contrary in these ECC&Rs, no Owner in the Project shall W N seek a building permit for a Building within sixty (60) feet of the Permissible Building Area on a m the Lowe's Parcel without the prior written consent of the Owner of the Lowe's Parcel,which the �om Owner of the Lowe's Parcel may withhold in its sole discretion. Each Owner agrees to execute . Nd any separate legal instrument memorializing this sixty (60) foot side yard or no build area reasonably required by any governmental entity. (D) Condition Prior to Construction: After the Building on the Lowe's Parcel has initially opened for business, each Parcel in the Project shall be kept neat, orderly, and if graded planted in grass and trimmed(or otherwise treated for dust and weed control)until improved and C constructed. - b Section 4.2 Building Design_for the Shopping Center: (A) Harmony. All structures (including Common Area Improvements such as lighting) erected within the Shopping Center shall be architecturally harmonious (including, w without limitation, harmonious colors, materials and designs). The Owner of the Lowe's Parcel and the Owner of Lot 2 shall cooperate in creating a reasonably harmonious exterior appearance for the Buildings and Improvements to be constructed by them within the Shopping Center, 27 ECCR'sV I O.DOC 11 ! j i� 2207231 I IIIIII IIIII IIIII IIIII IIIII III�II�II�I III 1111IIIII 10 2712005 116: IIII .07R Shelley Vance-Gallatin Cc MT MISC 882.00 acknowledging however that the Owner of the Lowe's Parcel may construct improvements similar to its current prototypical store building and improvements. Specifically, the initial design and appearance of the Buildings and Improvements on the Lowe's Parcel and any changes to the Buildings and Improvements on the Lowe's Parcel that the Owner of the Lowe's Parcel may deem appropriate for consistency with changes in the design and appearance of its then current prototypical stores do not require the consent of any other Owner., All Buildings within the Shopping Center shall be single story. AA bona fide National or Retail Tenant is permitted to construct its standard, prototypical building subject to the restrictions in these ECC&Rs. For the purposes hereof, a "National or Regional Tenant" means a tenant which (i) operates in at least two (2) states under the same name, or (ii) operates ten (10) or more stores in one (1) of more states under the same name. (B) Construction Timing. Weather permitting, all paving and landscaping will be finished upon completion of the Building in the Shopping Center and the Seller Commercial Parcel, but in no event shall it be installed later than ninety (90) days after the Building is occupied. Subject to force majeure, total construction time from pouring footings to the completion of the Building within the Shopping Center and the Seller Commercial Parcel ready for occupancy shall not exceed one(1)year. 000„o Section 4.3 Pylon or Monument Signagtie for the Shopping Center: N ae. (A) With respect to any Shopping Center the Center Sign in the location depicted on Nn� the Site Plan(the"Center Sign")which shall be erected or used for the advertising of the Owner, ca tenants or occupants of the Lowe's Parcel, Lot 2, the Seller Commercial Parcel and the Seller Adjacent Parcel, the Owner of the Lowe's Parcel shall be entitled to have and maintain a sign panel thereon in the top and most prominent position on both sides. of each such Center Sign ("Lowe's Sign Panel(s)"). The Owner of Lot 2, the Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel shall be entitled to a total combined between such Owners four (4) sign panels beneath the Lowe's Sign Panel. For clarification purposes, there C > shall be no greater than a total of four(4) sign panels beneath the Lowe's Sign Panel. No other sign panel on any such Center Sign shall be of a size or have dimensions which are greater than seventy-five percent (75%) of the size and dimensions of a Lowe's Sign Panel on the same 28 ECCRW 10-DOC I��IN I�NI II��I IIIIII�IIII III IIIIII�I III�����IIII III 2207231q • Shelley Vance-Gallatin Cc MT M1SC 392.00 Center Sign. Lowe's Sign Panels shall be of colors, design and content as required by the Owner of the Lowe's Parcel's own visual sign standards. (B) . The cost of constructing the Center Sign shall be prorated in accordance with the number of occupants having panels thereon. The Owner of Lot 2, the Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel shall pay their pro rata shares of the cost of construction, maintenance and operation of the Center Sign the obligation of which shall commence upon its installation of a panel on the Center Sign. Such pro rats share shall be calculated by dividing the square footage of the Lot 2, or the Seller Commercial Parcel or the Seller Adjacent Parcel sign panel as the numerator by the total combined square footage of all of the sign panels on the Center Sign as the denominator. The Owner of the Lowe's Parcel, the Owner of Lot 2, the Owner of Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel shall each maintain their sign panels on the Center Pylon in good condition. (C) With respect to monument signs shown on the Site Plan("Monument Signs"),the Owner of the Lowe's Parcel shall construct the Monument Sign shown on the Site Plan at the intersection of Baxter Road and the Private Road (the "Lowe's Monument Sign") and which shall be located as shown on the Site Plan and which shall be erected or used for the advertising Cc og t! of multiple Owners, tenants or occupants of the Lowe's Parcel, Lot 2, the Seller.Commercial �Na Parcel and the Seller Adjacent Parcel, the Owner of the Lowe's Parcel shall-be entitled to have CON N ga and maintain a sign panel thereon in the top and most prominent position on both sides of the Nd- Lowe's Monument Sign. The Owners of Lot 2, the Seller Commercial Parcel and the Seller O Adjacent Parcel shall be entitled to no more than a combined total of six (6) sign panels beneath the Lowe's sign panel. No other sign panel on the Lowe's Monument Sign shall be of a size or have dimensions which are greater than seventy-five percent(75%) of the size and dimensions of a Lowe's sign panel on such Monument Sign. Lowe's sign panels shall be of colors, design and 1 content as required by the Owner of the Lowe's Parcel's own visual sign standards. A National C ; or Regional Tenant's sign panels shall be of colors, design and content as required by such National or Regional Tenant. (D) The cost of constructing the Lowe's Monument Sign shall be prorated in accordance with the number of occupants having panels thereon. The Owners placing a sign • panel on the Lowe's Monument Sign shall each pay their pro. rats shares of the cost of 29 ECCTVsV 10.D0C- I�IIIII IIIII IIIII IIIII��IIII II�11111111,111 l) 1111 2202 of 6 �II IN 006 11:07A Shelley Vanoe-Gallatin Co MT MISC 392.00 construction, maintenance and operation of the Lowe's Monument Sign to the Owner of the Lowe's Parcel commencing at the time of its installation of a panel on the Lowe's Monument Sign. Such pro rata share shall be calculated by dividing the square footage of the Owner's sign panel as the numerator by the total combined square footage of all of the sign panels on the Lowe's Monument Sign as the denominator. The Owners having a sign panel on the Lowe's Monument Sign shall maintain their sign panels in good condition. (E) The Owner of the Seller Commercial Parcel grants the Owner of the Lowe's Parcel an easement for construction,maintenance, operation and repair of the Lowe's Monument Sign shown on the Site Plan located on the Seller Commercial Parcel. (F) The Owner of the Seller Commercial Parcel or the Owner of the Seller Adjacent Parcel may construct, at no cost or expense to the Owner of the Lowe's Parcel, the Monument Sign shown on the Site Plan at the intersection of Tschache Road and the Private Road (the "Tschache Monument Sign") and which shall be located as shown on the Site Plan and which shall be erected or used for the advertising of multiple Owners,tenants or occupants of Lot 2,the Seller Commercial Parcel and the Seller Adjacent Parcel. The Owners of Lot 2, the Seller Commercial Parcel and the Seller Adjacent Parcel shall be entitled to no more than a combined total of six (6) sign panels on the Tschache Monument Sign. A National or Regional Tenant's tl sign panels shall be of colors, design and content as required by such National or Regional a Tenant. NSN (G) The cost of constructing the Tschache Monument Sign shall be prorated in a Nn- accordance with the number of occupants having panels thereon. The Owners placing a sign a; panel on the Tschache Monument Sign shall each pay their pro rata shares of the cost of S construction, maintenance and operation of the Tschache Monument Sign to the Owner of the Seller Commercial Parcel or the.Owner of the Seller Adjacent Parcel, whichever Owner 8 constructs the Tschache Monument Sign and maintains and operates such, commencing at the time of its installation of a panel on the Tschache Monument Sign. Such pro rats,share shall be C calculated by dividing the square footage of the Owner's sign panel as the numerator by the total combined square footage of all of the sign panels on the Tschache Monument Sign as the Cdenominator. The Owners having a sign panel. on the Tschache Monument.Sign shall maintain JC their sign panels in good condition. 30 ECCR'sV I0.DOC .•. II II IIII II II IIIIIIIIII(�flllll(fI�IIIIIIIIIIIIIIIIIIIII+III( IIIII 2203 of 56 Shelley Vanoe-Gallatin Co MT MISC 392.00 (H) The Owner of the Lowe's Parcel grants the Owner of the Seller Commercial Parcel or the Owner of the Seller Adjacent Parcel, whichever Owner constructs the Tschache Monument Sign and maintains and operates such, an easement for construction, maintenance, operation and repair of the Tschache Monument Sign shown on.the Site Plan located on the Lowe's Parcel. (I) The location of any Center Sign or Monument Sign and the design of any Center Sign Structure, sign panel, or Monument Sign(other than Lowe's sign panels) shall be subject to the prior written consent of the Consenting Owners, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty(30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10)days of receipt thereof, such Owner is deemed to have consented. If an Owner desires to display a � n sign panel on a Monument Sign or erect a Monument Sign, it shall make its request in writing to n 00 o m the Consenting Owners with a copy of the sign plans. Notwithstanding the foregoing, an Owner a does not need the consent of the Consenting Owners for the design of its sign panel on the Center N N n Sign and the Monument Signs so long as it is a bona fide national or regional retail or restaurant a chain having ten(10) or more locations with the same name within one(1)or more states and the design of such sign panel is substantially the same as the prototype sign panels used for such g chain's facilities. � d (J) Notwithstanding the foregoing, there may be erected entrance-exit signs to facilitate the free flow of traffic, which entrance-exit signs shall be of a monument type, not to C ; exceed.Y Y in height. _ o (K) There shall be no other free standing signs allowed in the Shopping Center. If there are any other freestanding signs in the Project, the height of such signs shall not exceed eleven(11) feet in height and shall not block any view of the Lowe's Monument Sign. Section 4.4 Outparcel Development for the Shopping Center: Any Outparcel sold or developed within Shopping Center will only be developed under the following guidelines: 31 ECCWsV 10.DOC 2207231 �(IIIII(III IIIII III)I��I 10/ 7/2006 11. 7 0p 6ha116y Vanoa-pallatln Co MT MIfiC --DO • (A) Any Building constructed on Lot 2 shall not exceed twenty-seven (27) feet in height including any architectural features, towers and parapets, as measured from the finished elevation of the parking area of the Shopping Center. (B) Any rooftop equipment installed on any Outparcel shall be screened as required by the City of Bozeman; (C) No rooftop signs shall be erected on any building constructed on any Outparcel. (D) A Monument Sign may be erected on any Outparcel, but in no event shall such Monument Sign(other than Lowe's Monument Sign) exceed eight(8) feet in height or block the visibility of any signage on any Building located on the Lowe's Parcel or the visibility of.any Lowe's Monument Sign or any Center Sign. (E) Any Owner or other party purchasing or leasing from an Owner and having an ownership or leasehold interest in an Outparcel shall repair any damage caused to any of the Utility Facilities, as described in Section 2.3 of these ECC&Rs, serving the Parcels and the Outparcel which is caused by such Owner or party, to the extent the Outparcel benefits from any of the Utility Facilities serving the Shopping Center and the Outparcel. • (F) The foregoing restrictions and agreements are imposed on each of the Outparcels for the benefit of the entire Shopping Center. The agreements, restrictions and covenants herein DO;p A n made shall be deemed restrictive covenants running with the land and shall be binding upon each N'a of the Outparcels and any person who may from time to time own, lease, or otherwise have an a C o interest in any of the Outparcels. A - p (G) The Owner of Lot 2 shall have the right to one(1) curb cut along Access.Road on g the eastern boundary of Lot 2 and such shall be right turn from Lot 2 and exit only from Lot 2. Ic _a (H) - The Owner of Lot 2 shall have the right to one (1).curb cut on the western most Access Road along the western boundary of Lot 2 for full ingress and egress. (1) The Owner of Lot 2 shall be locate any drive up or drive through lane or aisle w n C .g configuration on Lot 2 such that the design will accommodate a minimum of nine(9) cars within ' Lot 2. No queuing or stacking of any vehicles in connection with such drive through or drive up i lane, aisle or window shall be located on the Lowe's Parcel. a 32 ECCR'sV IO.DOC 2207231 I IIIIII IIIII IIIII II IIII I I II III III III ri III IIII IIII 1age: 350127120061111SS :07 R Shelley Vance-Gallatin Cc MT MISC 392.00 (J) The configuration and design of Lot 2 shall not permit the backing up or turning in by any vehicle directly into parking spaces on Lot 2 from or to any driveway or drive aisle on the Lowe's Parcel. Section 4.5 Parking on the Seller Commercial Parcel and the Seller Adjacent Parcel. The Seller Commercial Parcel and the Seller Adjacent Parcel shall contain sufficient parking to meet the parking requirements of the City of Bozeman, and without relying on parking available.- by easement or otherwise,on any other Parcel. Section 4.6 Performance of Construction Work Generally: All construction, alteration or repair work ("Work")undertaken by an Owner in the Project after the Building on the Lowe's Parcel has opened for business shall be accomplished in an expeditious, diligent and speedy manner. The Owner undertaking such Work shall: (i) pay all costs and expenses associated with such Work; (ii) take necessary measures to minimize disruption and inconvenience caused by such Work; (iii)make adequate provisions for the safety and convenience of the Owners and their Permittees; (iv) control dust, noise and other effects of such work using methods customarily utilized in order to control such deleterious effects associated with construction projects in a populated or developed area; (v) repair any and all damage which maybe caused by or result from such Work; (vi) restore all affected portions of t0 any Parcel to a condition equal to or better than the condition existing prior to beginning such CO;m Work; (vii) indemnify and hold harmless all other Owners in the Project against any mechanics mom liens for such Work, particularly as to Common Areas; and (viii) obtain all necessary Naa N d' governmental approvals. Such Work shall not unreasonably interfere with the business a � a operations on any other Parcel and shall not block or impede the Shopping Center ingress or ■� egress from public streets or ingress and egress from or to the Shopping Center. The party performing such Work shall limit all construction work and staging areas to its own Parcel and not encroach on any Common Areas on any other Parcel and shall not utilize parking areas of any O other Parcel. In connection with Work performed within the Permissible Building Areas of the g constructing Owner, incidental encroachment upon the common area of the party performing such work may occur in the use of ladders, scaffolding, store-front barricades and similar facilities resulting in temporary obstruction of portions of such common_ area, if such m encroachment is kept within reasonable requirements of such Work expeditiously pursued. All 33 ECCR'sV IO.DOC Illifll illll lllll llllll lllll 111 llllllll ll�� 111f(III za®6 of so Shelley Vance-Gallatin Cc MT MISC 392.00 • such Work for which a license is granted above (i) which will be performed by an Owner on another Owner's Parcel (subject to Section 2.3(1))(5)), or (ii) which would adversely affect the ingress and egress to the Shopping Center, the availability of parking and/or circulation of traffic in the Shopping Center, or the operation and supply of common utility facilities to or in the Shopping Center shall be undertaken only after giving the other Owners in the Shopping Center thirty (30) days prior written notice of the Work to be undertaken, and the .scope, nature, duration, location and extent of the Work. Such notice shall include any plans and specifications for the Work ("Plans"). In the event of any emergency involving an immediate and imminent threat of substantial harm or injury to persons or property,only such notice as may be reasonable under the circumstance shall be required. Section 4.7 Compliance in Construction: All Work which an Owner undertakes pursuant to these ECC&Rs shall comply with the Plans(to the extent approved Plans are required under these ECC&Rs), the requirements of all applicable governmental authorities, public bodies and other entities (such as public utilities) having W 00 co jurisdiction, and all applicable laws, ordinances, rules and regulations, including procurement of 0� dD all license and permits required for such Work. The consent by the Owner of the Lowe's Parcel N S of any such Work or Plans, under any provisions of these ECC&Rs, shall not constitute any Nn� assumption of responsibility for the accuracy, sufficiency or propriety of such Work or Plans,nor a " shall such consent constitute a representation or warranty that such Work or Plans will be g economic to construct or will comply with law. Section 4.8 Damage and Destruction: In the event of the destruction or damage to any extent to any Buildings or Improvements in the Project, the affected Owner shall either: (1) diligently commence and pursue completion of the repair or restoration of such'Building or Improvement, or (2) within ninety (90) days after the ' destruction or damage, level such Building or Improvement, remove the-debris and keep the Parcel neat, orderly, planted in grass and mowed/trimmed(or otherwise treated for dust and weed control)until subsequently improved, constructed upon and operated and so that the Parcel is in a clean,orderly, sightly and safe condition. 34 ECCR'sV l O.DOC r4912 0 006175B07A iilllllllllllllllNIIII II Shallay Vanoa-Gallatin Cc MT MISC 852.00 ARTICLE V MAINTENANCE,TAXES AND INSURANCE Section 5.1 Maintenance: (A) Maintenance in the Project. Each Owner in the Project shall maintain the Building(s), the Common Areas and the roads, access drives and parking areas .on its Parcel in good order and condition and state of repair in accordance with the standards of first class shopping center operation including(but not limited to) sweeping and removal of trash, litter and refuse, painting and striping of parking areas, repair and replacement of paving as necessary(but in no event more often than once every seven (7) years), maintenance of landscaped areas (including replacement and replanting), removal of ice and snow from driveways and parking areas, and maintenance and repair of lighting standards and signs. Each Owner in the Project covenants that it, in addition to other requirements of this Section, will keep the inside and outside of all glass in the doors and windows of its Buildings•clean;will.maintain its Buildings at its own expense in a clean,orderly and sanitary condition and free of insects,rodents,vermin and g other pests; will not permit accumulation of garbage, trash, rubbish and other refuse, and will 41D o remove same at its'own expense, and will keep such refuse in proper containers or compactors in 9° places designated therefore until called for to be removed; and will keep the Common Areas on V am �Id its Parcel clear of accumulations of ice and snow. The maintenance and repair of the Buildings a � a and Improvements on each Parcel in the Project shall be of such a character that their appearance � W will be in a neat and orderly appearance,and, accordingly, the Owners agree to cooperate with each other in good faith with respect to said maintenance and repair and, to the extent reasonably possible, coordinate such repair and maintenance. C 5 (B) Li tin : Each Owner in the Shopping Center shall cause the Common Area on its Parcel to be adequately lit for at least the hours during which the business on the Lowe's C g Parcel is open for business and for one(1)hour after the business on the Lowe's Parcel closes. (C) Center Signs: The Owner of the Lowe's Parcel shall be responsible for maintenance, repair and replacement of the sign structure for the Center Signs, subject to reimbursement by each Owner entitled pursuant to Section 4.3 to display a sign panel thereon. Each such Owner's share shall be calculated as a fraction, the numerator of which is the total 35 ECCMV l O.DOC 10/2712006 of I 2312207 p Shelley Vence-Gallatin Co MT MISC 392.00 • square footage of such Owner's sign panel and the denominator of which is to the total square footage of all sign panels on the Center Sign. Section 5.2 Maintenance Director: Subject to the mutual agreement between the Owner of the Lowe's Parcel and the Owner of Lot 2, a third party may be appointed to maintain and repair the Common Areas in the Shopping Center in the manner as above outlined(the"Maintenance Director"). The Maintenance Director may receive for such agency a fee that is mutually acceptable to the Consenting Owners to cover supervision, management, accounting and similar fees. The cost of all maintenance and repair activities undertaken by the Maintenance Director,together with the agency fee,shall be prorated between all Owners based upon acreage owned. Each Owner shall pay its proportional share of all such costs and fees within thirty(30)days following its receipt of a detailed invoice thereafter. Section 5.3 Failure in Performing Maintenance Responsibilities: In the event that an Owner fails or defaults in its maintenance obligations as set forth in Section 5.1,which failure continues for a period of thirty(30) days (ten[10]business days in the event of a failure to a money) after receipt of written notice thereof specifying the particulars of such G a d pay Y) P sP � g p • Ni z failure, such failure shall constitute a breach under the ECC&RS and either Consenting Owner 0 g (the "Curing Party") may thereafter perform such maintenance obligations, in addition to such Owner's other remedies. The Curing Party shall then invoice the defaulting. Owner for the expenses incurred. The defaulting Owner shall have fifteen (15) days to pay the Curing Party _ g after receipt of the invoice. If the defaulting Owner does not so pay, the Curing Party shall be 3 entitled to obtain a judgment lien on the Parcel of the defaulting Owner for the amount of the invoice, which amount shall bear interest at the Default Rate from the.date of expiration of said C fifteen(15)day period until paid. Section 5.4 Taxes: The Owner of each Parcel in the Project shall pay or cause to be paid, prior to delinquency, directly to the appropriate taxing authorities all real property taxes and assessments which are levied against such Owner's Parcel. In the event an Owner fails to pay when due all taxes and assessments described herein, which failure continues for a period of ten (10) days after written notice thereof, such failure shall constitute a breach under these ECC&Rs and either Consenting Owner(the"Curing Party")may, in addition to such Owners' other remedies, thereafter pay such 36 ECCR'sv 10.DOC I illlll illll Ilili illiil lilll 111111111Iwo l!Ilillll!0 � @9 of 56 Shelley N&ROO-Callatln Cc MT MISC 392,M taxes if such taxes are delinquent and the owing Owner has not commenced and is not duly prosecuting any contest of such taxes. The Curing Party.shall-then invoice the defaulting Owner for the expenses incurred. The defaulting Owner shall have ten (10) business days after receipt of the invoice to pay the Curing Party. If the defaulting Owner does not so pay, the Curing Party shall have a lien on the Parcel of the defaulting Owner for the amount of the invoice, which amount shall bear interest at the Default Rate from the date of expiration of said ten(10)business day period until paid. Section 5.5 Insurance: (A) Insurance Coverage: Each Owner in the Project shall at all times maintain or cause to be maintained with respect to its Parcel and all Buildings and Improvements thereon and by any contractor during any construction activity on such Owner's Parcel, at least the minimum insurance coverage set forth below: (i) Worker's Compensation and Employer's Liability Insurance. (a) Worker's compensation insurance as required by any applicable law or g m^ regulation. r (b) Employer's liability insurance in the amount of$2,000,000 each accident N q a for bodily injury, $2,000,000 policy limit for bodily injury by disease and $2,000,000 each Ng employee for bodily injury by disease. (ii) Commercial General Liability insurance with the following minimum limits of liability and coverages: � U m (a) Premises and Operations; (b) Products and Completed Operations; (c) Contractual Liability (insuring the indemnity obligations assumed by any i contractor working on an Owner's Parcel under contract documents); (d) Broad Form or Special Form Property Damage, including Explosion, Collapse and Underground Hazards or Earthquake, for the full replacement cost of Buildings and Improvements on an Owner's Parcel(including Completed Operations): (1) $2,000,000 for Bodily Injury and Property Damage each occurrence; (2) $3,000,000 for Personal and Advertising Injury Liability, • (3) $5,000,000 aggregate for Products and Completed Operations; 37 ECCR'sVIO.DOC II II JJll I IIIIII I�III III�I IIIIII IIIIIIII 2200AM, P, of a 1111111111111 i0/27/2005 11.07A Shelley Vance-Gallatin Cc MT MISC 392.00 . (4) $5,000,000 general aggregate. • (e) Automobile Liability Insurance. Automobile liability insurance (bodily injury and property damage liability) including coverage for owned, hired, and non-owned automobiles, shall have limits of liability of not less than$1,000,000 combined single limit each accident for bodily injury and property damage combined. (f) Umbrella/Excess Liability Insurance. Each Owner shall also carry umbrella/excess liability insurance in the amount of$5,000,000. (B) Insurance Coveralre: The policies of insurance as required in Section 5.5(A) shall be provided by insurance companies rated at least B+/VII and licensed in the State of Montana, shall name every other Owner in the Project as an additional insured, and shall provide that such insurance shall not be canceled or reduced in an amount or coverage below the requirements of these ECC&Rs without at least thirty (30) days prior written notice to the additional insureds. All insurance may be provided under(i) an individual policy covering this location, (ii)a blanket policy or policies which includes other liabilities, properties and locations of such Owner, provided, however, that if such blanket commercial general liability insurance policy or policies contain a general policy aggregate of less than $10,000,000.00, then such insuring Owner shall • DO also maintain excess liability coverage necessary to.establish a total liability insurance limit of 9 $10,000,000.00, (iii) a plan of self-insurance, .provided that such Owner or its parent has Nd� $100,000,000.00 or more of net current assets, or (iv) a combination of any of the foregoing � a insurance programs. To the extent of any deductible carried by an Owner, such Owner shall be deemed to be covering the amount thereof under an informal plan of self-insurance; provided, however, that in no event shall any deductible exceed $250,000.00 unless (a) such Owner complies with the requirements regarding self-insurance pursuant to III above or such P �1 g g P (...) �) Owner or its parent maintains net current.assets in excess of $100,000,000.00. Each Owner agrees to finnish to any party requesting in writing the same, a certificate(s) of insurance evidencing that the insurance required to be carried by such party is in full force and effect. Section 5.6 Failure to Carry Insurance: In the event an Owner in the Project fails to maintain the insurance described above, which failure continues for a period of ten (10) days after written notice thereof, such failure shall constitute a breach under these ECC&Rs and either Consenting Owner(the"Curing Party")may, 38 ECCRW10 DOC Illlllllllllllllllllllllllllllillllllillllilllll,���, I 1012712005 a �'?31p Shelley Vance-Gallatin Cc MT M1SC 392.00 in addition to such Owners' other remedies, thereafter obtain and pay for such insurance. The Curing Party shall then invoice the defaulting Owner for the expenses incurred. The defaulting Owner shall have fifteen (15) days after receipt of the invoice to pay the Curing Party. If the defaulting Owner does not so pay, the Curing Party shall have a lien on the Parcel of the defaulting Owner for the amount of the invoice, which amount shall bear interest at the Default Rate from the date of expiration of said fifteen(15)days period until paid. Section 5.7 Cross Indemnitv: To the extent not covered by the insurance policies described above, each Owner (the "Indemnitor") will pay, and indemnify and save harmless the other Owner (the "Indemnitee") from and against, all liabilities, losses, damages, costs, expenses (including attorneys' fees and expenses and excluding punitive damages), causes of action,suits,claims,demands or judgments of any nature arising from: (i) any injury to or death of a person or loss of or damage to property occurring on the Indemnitor's Parcel; (ii) any use or condition of the Indemnitor's Parcel; and (iii) any gross negligence or intentional tortious acts of the Indemnitor or any of his tenants, a licensees, invitees, customers, agents or employees, except to the extent that such causes of n action, suits, claims, demands or judgments arise out of the negligence or intentional misconduct d of the Indemnitee. N Nd� Section 5.8 Waiver of Subrogation: .� Each Owner in the Project (the "Releasor") hereby releases the other Owner (the "Releasee") a from any and all liability or responsibility to the Releasor or anyone claiming through or under g the Releasor by way of subrogation or otherwise for any incurred loss or damage to any person or property caused by fire or other peril or other such loss, damages, or other insured event or �. o negligence of the Releasee, or anyone for whom such Releasee may be responsible; provided, . however, that this release shall be applicable and in force and effect only with respect to loss or n C damage occurring during such time as the Releasor's policy or policies of insurance shall contain a waiver of subrogation endorsement, to the effect that any such release shall not adversely affect F or impair said policy or policies or prejudice the right of the Releasor to recover thereunder. w 39 ECCR'sV 10.DOC 7232 _ 116II�I IIII(III III��I(IIII(I���IIIII�I�I II�III III IIII 10/27/2006r 16807R Shelley Vance-Gallatin Cc MT MISC 392.00 ARTICLE VI DEFAULT, REMEDIES FOR THE PROJECT Section 6.1 Default: The occurrence of any one or more of the following events shall constitute a breach of these ECC&Rs by the non-performing party(the"defaulting Owner"): (A) The failure to perform any obligation of Article V hereof and to cure such failure within the time requirements cited therein which shall be a breach under these ECC&Rs without necessity of any further notice to the defaulting party other than as provided for in Article V; (B) The failure to make any payment required to be made hereunder within ten (10) business days of the due date which shall be a breach under these ECC&Rs which shall be a breach under these ECC&Rs,or (C) The failure to observe or perform any other of the, covenants, conditions or obligations of these ECC&Rs or to abide by the restrictions and requirements herein provided, other than as described in (A) above, which shall be a breach under these ECC&Rs after expiration of thirty (30) days after the issuance of a notice by a non-defaulting Owner ("Non- Defaulting Owner") specifying the nature of the default claimed.to • n Section 6.2 Remedies for all Owners: co O 10 1 Each non-defaulting Owner shall have the right to prosecute any proceedings at law or in equity N v a against any Owner or any other person for breach of any easement or restriction benefiting such No� non-defaulting Owner. Such proceeding shall include,the right to restrain by injunction any such violation or threatened violation and to obtain a decree to compel performance of any such easements or restrictions but shall not include any remedy for punitive damages. 'No Permittee shall have the right to bring any action to enforce any provision of.these ECC&Rs and no enforcing Owner shall have the obligation to join any Permittee in any action to enforce these ECC&Rs. C j Section 6.3 Right to Cure: With respect to any default under Section 6.1, any Non-Defaulting Owner who is a Consenting Owner (the "Curing Owner") shall have the right, but not the obligation, to cure such default by the payment of money or the performance of some other action for the account of and at the expense of the defaulting Owner (except as otherwise limited in Article V);,provided, however, • 40 ECCR'sV I O.DOC illlllIIIIIIIIIIIIIIIIIIIIIIII( 2207231 1 IIIIIII('I IIfIII III IIII 10/27/20050 11:0 7R Shelley VSMGO-Gallatln Cc MT MISC 392.00 that in the event the default shall constitute an emergency condition involving an immediate and imminent threat of substantial injury or harm to persons or property, the Curing Owner, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably, possible under the circumstances or, if necessary, due to such emergency, without advance notice, so long as notice is given.as soon as possible thereafter. To effectuate any such cure, the Curing Owner shall have the right to enter upon the Parcel of the defaulting Owner(but not into any Building) to perform any necessary work or furnish any necessary materials or services to cure the default of the defaulting Owner. Each Owner shall be responsible for the non- performance or default of its Occupants and lessees. In the event any Curing Owner shall cure a default, the defaulting Owner shall reimburse the Curing Owner for all costs and expenses incurred in connection with such curative action,plus interest at the Default Rate,within ten(10) business days of receipt of demand, together with reasonable documentation supporting the expenditures made. Section 6.4 Cure Ri&t Easements. Fm Each Owner in the Project hereby grants to the other Owners an easement and license to enter a a upon its Parcel for the purpose of exercising the cure rights provided under Article V of these O e N P PmP g N m N o ECC&Rs. Each Grantee of the easements granted under this Section 6.4 shall defend, indemnify a� p m and hold Grantor harmless from and against all liens, losses, liabilities, costs or expenses (including reasonable attorney's fees and excluding punitive damages) incurred in connection with or arising out of Grantee's use of said easements, except to the extent occasioned by the Grantor's grossly negligent or intentional wrongful act or omission to act. The duration of the easements granted under this Section shall be coterminous with the respective provisions of the ECC&Rs which give the Grantee the.right or the obligation to perform the work described in this. n 0 Section 6.4. Section 6.5 Liens: LCosts and expenses accruing and/or assessed pursuant to Section 6.3 above and the amounts described in Section 6.1 shall constitute a lien against the defaulting Owner's Parcel. A lien under this Section 6.5 or under Article V shall attach and take effect only upon recordation of a claim of lien in the applicable real estate records office of the county in which the said Parcel is located, by the Curing Owner or Curing Party making the claim., A lien may attach only after a 41 ECCR'sV IO.DOC 0 ` I I IIIaae7a31 III111IIIII III II'��I III IIII 10/27 1 20 05f 16807A Shelley Vance-Gallatin Co MT MISC 392.00 final and non appealable judgment has been granted awarding a lien. The claim of lien shall include the following: (A) The name and address of the lien claimant; (B) A statement concerning the basis for the claim of lien and identifying the lien. claimant as a Curing Owner and/or Curing Party; (C) An identification by name and address(if known) of the Owner or reputed Owner of the Parcel or interest therein against which the lien is claimed; (D) A description of the Parcel against which the lien is claimed; (E) A description of the work performed which has given rise to the claim of lien; (F) A statement itemizing the total amount due,including interest; (G) A statement that the lien is claimed pursuant to the provisions of these ECC&Rs, reciting the date,book and page of recordation hereof. The notice shall be duly acknowledged and contain a certificate that a copy thereof has been g served upon the Owner against whom the lien is claimed, by personal service or by mailing qr°� pursuant to Section 7.4 below. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and may be enforced in any judicial proceedings allowed by N N d law, including without limitation, suit in the nature of a suit to foreclose a mortgage or � mechanic's lien under the applicable provisions of the law of the State in which the Shopping W Center is located. g Section 6.6 Cumulative Remedies: rr All of the remedies permitted or available to a Consenting Owner under these ECC&Rs or at law eee� p or in equity shall be cumulative and not alternative, and invocation of any such right or remedy r shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. Section 6.7 No Waiver: No delay or omission of any Owner in the exercise of any right accruing upon any default of any other Owner shall impair any such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. No waiver by'.any Owner of any default under these ECC&Rs shall be effective or binding on such Owner unless made in writing by such Owner and no such waiver shall be implied from any omission by an 42' ECCIUMOMOC az06a 10/27/2005 1156 :07A . Shelley Vance-Gallatin Cc MT MISC 392.00 Owner to take action in respect to such default. No express written waiver of any default shall affect any other default or cover any other period of time other than any default and/or period of time specified in such express waiver. One or more written waivers or any default under any provision of these ECC&Rs shall not be deemed to be a waiver of any subsequent default in the performance of the same provision or any other term or provision contained in these ECC&Rs. Section 6.8 No Termination for Breach: No breach, whether or not material, of the provisions of these ECC&Rs shall entitle any Owner to cancel, rescind or otherwise terminate these ECC&Rs, but such limitation shall not affect, in any manner, any other rights or remedies which any Party may have hereunder by reason of any breach of the provisions of these ECC&Rs. Section 6.9 Limitation of Liabilily on Transfer of Title: Notwithstanding the foregoing, any person acquiring fee or leasehold title to a Parcel; or any portion thereof, shall be bound by these ECC&Rs only as to the Parcel or portion of the Parcel acquired or possessed by such person. In addition, such person shall be bound by these ECC&Rs • only during the period such person is the fee leasehold Owner or occupant of such Parcel or N portion of the Parcel; and, upon conveyance or transfer of the fee or leasehold interest shall be d' released from liability hereunder, except as to the obligations, liabilities or responsibilities that 00 0 � N accrue prior to such conveyance or transfer. Although persons may be released under this N Section 6.9, the easements, covenants and restrictions in these ECC&Rs shall continue to be Nn= benefits to and servitudes upon said Parcels running with the land. A C Section 6.10 Attorneys Fees: g In the event of a breach hereof, the non-prevailing Owner shall pay the reasonable attorney's fees �. lc of the prevailing Owner. ARTICLE VU e n MISCELLANEOUS gSection 7.1 Estoppel Certificates: Each Owner in the Project shall upon not less than thirty (30) days from receipt of written notice ~ from the requesting Owner execute and deliver to the requesting Owner a' certificate in �! g eq g recordable form stating that (i) either these ECC&Rs are unmodified and in full force and effect 43 ECCR'sV 10.D0C • IIIINIIIIIIIIIIIIIIIIIIIIII Pass:06 0f 111 Illlllll���Il�Ili III Jill 22 10/2712005 11 Shelley Vanoa-Gallatin Co MT MISC 392.00 .07q or are modified (and stating the modification); and (ii) whether or not such Owner has sent any • notice of any default to any other Owner under these ECC&Rs. Section 7.2 Term and Perpetuity: The agreements, conditions, covenants, and restrictions created and imposed herein shall be effective upon the date hereof and shall continue in full force and effect, to the benefit of and being binding upon all Owners, their heirs, executors, administrators, successors, successors-in- title, and assigns until the expiration of sixty(60) years from the date hereof, unless terminated by the consent of all the Owners pursuant to a writing recorded in the real property records of the , county and state in which the Project is located. Said agreements and restrictions shall be unaffected by any change in the ownership of any real property covered by these ECC&Rs or by any change of.use, demolition, reconstruction, expansion or other circumstances, except as specified herein. Notwithstanding the foregoing, the easements contained herein binding and benefiting the Parcels shall be perpetual and shall run with the land. Upon termination of the agreements, conditions, covenants and restrictions of these ECC&Rs, all rights and privileges Cr derived from and all duties and obligations created and imposed by the provisions of these ECC&Rs, except as related to the easements cited and mentioned herein, shall terminate and 00 0„ have no further force or effect. �f N ' N o Section 7.3 Amendment: Nd� v These ECC&Rs may not be amended except by agreement of the Consenting Owners in writing. Any amendment that would materially and substantially change the easements granted under g Article 2, the uses permitted under Article 3, or the development requirements of Article 4 shall rr require the prior written consent of any Owner reasonably likely to be materially adversely � o impacted by such amendment, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent'is sought does not 0 respond within the foregoing thirty (30 day period, the-Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten(10) days, C such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten*(10) days of receipt thereof, such Owner is deemed to have consented. 44 ECCR!SV l O.DOC IIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIII I I 2207231 56 IIIIIIIII1. A Section 7.4 Notices: Shelley Vance-Gallatin Cc MT MISC 392.00 Any notice or invoice required or permitted to be given under these ECC&Rs shall be in writing and shall be deemed to have been given upon deposit in the United States Mail as Certified Mail, Return Receipt Requested, postage prepaid or deposit with a nationally recognized overnight delivery service, and addressed to the Party being notified at the address given below (or such other address which any party may designate for itself from time to time hereafter by written notice to the other Party). Upon change of ownership of any Parcel,the new owner shall provide notice to the Consenting Owners of such change. Saccoccia II: Saccoccia 11, LLC Philip Saccocia,Jr. 1234 Springhill School Road Belgrade,MT 59714 With a copy to: Donald E.Theriot Bordelon,Hamlin and Theriot 701 South Peters St. • New Orleans,LA 70130 a N Saccoccia III: Saccoccia III,LLC Go Philip Saccocia, Jr. N 1234 Springhill School Road N sa Belgrade,MT 59714 . - Nn= a With a copy to: Donald E. Theriot Bordelon, Hamlin and Theriot g 701 South Peters St. F New Orleans,LA 0130 r c Lowe's: Lowe's HIW,Inc. Box 1111 low (Highway 268 East,North Wilkesboro,North Carolina 28659) g NO North Wilkesboro,North Carolina 28656-0001 Attention: Property Management Dept. (REO) T L 45 ECCR'sV l O.DOC I I I I I I + + + ^a31 IIIIII�Illl IIIII IIIIII IIIII III IIIIIIII III IIIIII III(III P2ai0l27l2006r 18607A Sheller Vance-Gallatin Cc MT 1416C 392.00 Copy to: Lowe's HIW, Inc. Box 1111 (Highway 268 East,North Wilkesboro,North Carolina 28659) North Wilkesboro,North Carolina 28656-0001 Attention: Legal Department(REO). Section.7.5 Ground Lessee Assignment: The rights and obligations of any Owner hereunder may be assigned in whole or in part to one or more ground lessees which rights and obligations shall be expressly assumed by such ground lessee or lessees for the term of the ground lease or leases between such Owner and such ground lessee or lessees. Section 7.6 No Covenant to Continuously Operate: The Owner of the Lowe's Parcel is not obligated to continuously operate a business on the Lowe's Parcel and, specifically, is not obligated to continuously operate or operate for any specific period of time a Lowe's building supply or home improvement retail warehouse or any store on the Lowe's Parcel. Nothing contained in these ECC&Rs shall be construed, interpreted or otherwise read to require the Owner of the Lowe's Parcel to operate a business on the Lowe's Parcel or to prevent the Owner of the Lowe's Parcel from closing its business on the Lowe's • g Parcel. o Section 7.7'Severabilitv: N In the event any provision or portion of these ECC&Rs is held by any court of competent Nem N n jurisdiction to be invalid or unenforceable, such holding will not affect the remainder hereof, and g the remaining provisions shall continue in full force and effect to the same extent as would have Cc .� been the case had such invalid or unenforceable provision or portion never been a part hereof. Section 7.8 No Public Dedication: 1< Nothing contained herein shall be deemed or implied to be a gift, grant or dedication of the •� Project, the Shopping Center, or any portions thereof,to the general public, or for any public use n or purpose whatsoever. Except as may be specifically provided herein, no right, privileges or M immunities of any Owner hereto shall inure to the benefit of any.third-party; nor shall any third- A party be deemed or considered to be a beneficiary of any of the provisions herein contained. 46 ECC M1O.DOC r l +I I ! 2207231 • IIIIII IIIII IIIII IIIIII IIIII III IIIIIIII I�I IIIIII III III) Paso:0 r 71200B 56 11:07A Section 7.9 Counterparts: Shelley Venoe-caii.tsn Co MT MISC 302.00 These ECC&Rs may be executed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. Section 7.10 Relationship of the Parties: Nothing contained herein shall be construed or interpreted as creating a partnership, joint enterprise or joint venture between or among the Parties hereto or the Owners. It is understood that the relationship between the Parties hereto and Owners is an arms length one that shall at all times be and remain that of separate owners of real property. No Party hereto nor any Owner shall have the right to act for or on behalf of another Party or Owner, as agent or otherwise, unless expressly authorized to do so by separate written instrument signed by the Party or Owner to be charged or bound, except as otherwise specifically provided herein. IN WITNESS WHEREOF, the Parties hereto have executed and delivered these ECC&Rs as of the day and year first written above. [Remainder of Page Left Intentionally Blank; Signatures on Following Pages] • tO �on Nd a a u i _ o a 47 ECCWsV l O.DM 01/07/2002/Easemenis, Covenants,Conditions and Restrictions I lIIIII IIIII IIIII IlIIII IIIII Ill I��IIII ll�IIIII�ICI III) Za00 of 56 Shelley Vance—GaJlllatln Co MT MISIC 392.00 • Signature Page for Lowe's(ECC&Rs): LOWE'S: Lowe's HIW, Inc., a Washington corporation Attest: K01 By: By: 1J1 Gt Name: jeVln D. Bennet,, Name: Title: istant Sec�P'p', Title: David E. Shelton ��!5 Senior Vice President STATE OF NORTH CAROLINA ) ) SS. COUNTY OF WILKES ) ON THIS c2�: day of e f 2005, bef a me, the undersigned,. a Notary Public in and for said County and State, personally appeared -w-A - Sh lino , to me personally known to be the person described in and who executed the foregoing instrument, who, being by me first duly sworn, stated that he/she is the-'Sr. V t ce'Afe,swd e �� of LOWE'S HIW, INC., a Washington corporation, and that he/she executed such instrument on • 4 0 0 behalf of said corporation by authority of its board of directors, and said person acknowledged to r- m me that he/she executed such instrument as the act and deed of said corporation. �mn Nd IN WITNESS WHEREOF, I have hereunto-set my hand and affixed my official seal the g day and year last above written. A O � W Notary P c Printed Name: OFFICIAL SEAL SHEILA H.VANNOY ;< My Commission Expires: NOTARY PueLCNoarNCARouNA WEEMEMEND I o COUNTY OFWILKES Caminicn 16 _U -o8 o m 48 ECCR'sV 10.DOC 2207231 11111111 t Page51 Signature Page for Saccoccia II(ECC&Rs): sholley Vence-Gallatin co MT MISC 392.eO SACCOCCIA II: By: Title: STATE OF 20DC tl rW___ ) )ss. COUNTY OF& I n ) ON THIS Lf day of n tJr' , 2005beforp me, the undersigned, a Notary Public in and for said County and State, personally appeared VV,t%t '�WC. Cj ,t. S,� to me personally known to be the person described in and who executed the foregoing instrument, who, being by me first duly sworn, stated that he/she is the ' of 5=ry c i-,Iary�5 m , •a IW c'Y� Ll C. , and that he/she executed s ch mstnunent on behalf of said corporation by authority of its board of directors, and said person acknowledged to • me that he/she executed such instrument as the act and deed of said corporation. co IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the o om day and year last above written. 4D N d Notary Public 1�' —� Ce L\c1 C'I Printed Name: j-(,G,q My Commission Expires:C),• Kris Harriman Notary Pub!ic for the State of Montana Resioinc zf 9ozcmar. Montana A R R/ �// My Commissuin PXpires:AuODR.t 1 `. 2Opf; o Q� / SEA,,I : F0. o � m • 49 ECOUsV IO.DOC 2207231 Pass: 52 of 56 Shellw Vance—Gallatin Co MT'MISC 392.00 • Signature Page for Sac&occia III(ECC&Rs): SACCOCCIA III: By: r---, Name. v��,� ��,,,c.�rr-:._>•, _ Title: i N�^ ki, ;STATE OFOF ��d-�(�� ) )ss. COUNTY OF 6a jaj�ll ). ON THIS USk day of by , 200,�-before me, the undersigned, a Notary Public in and for said County and State, personally appeared to me personally known to be the person described in and who executed the foregoing n instrument, who,being by me first duly sworn, stated that he/she is the *- of �A�1-II. a t`(la+ A O& 1 14 -;, and that he/she executed instrument on coo. behalf of said corporation by authority of its board of directors, and said person acknowledged to m, me that he/she executed such instrument as the act and deed of said corporation. Noe Nd^ e IN WITNESS WHEREOF,' I have hereunto set my hand and affixed my official seal the ci day and year last above written. 05 Notary Public g Printed Name: a_ _ yn5 o My Commission Ex pires:(Y Kris Harriman N.ota v Pubtir. for the State of Montana ��� t i ► ��� Re:s:riri^ at 3ov,!;ian;Montana My Crnumi;.::ion Fxpiros:August 12, 2006 NpTAR/q4 OF 50 • ECCIUsV l O.DOC `` 2207231 • �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1Pus: 53 of 0/2712005 76807A S chedu. ShalleY Vance-Gallatin Cc MT MISC 392.00 Legal Description Lowe's Parcel Lot 2B1 of Certificate of Survey 1215 G`located in Section 1,Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. • a �O 00 o m a a�� e m w awe a� m � o o eaa�� c n i r • 2207231 I II�IIl IIIII II���VIIIII I�I�I II� IIIIIII 111 IIIIIII II I��I Page: r 8 012712005 11:07A Shelley Vance-Gallatin Cc MT MISC 392.00 • Schedule II Legal Descriptions Seller Commercial Parcel and Seller Adjacent Parcel Lot 2B2 of Certificate of Survey 1215__G-,.located in Section 1,Township 2 South,Range 5'East, P.M.M.,Gallatin County, Montana divided and referred to as follows: SELLER COMMERCIAL PARCEL LEGAL DESCRIPTION Beginning at the Northwest corner of Section 1,Township 2 South,Range 5 East, P.M.M.; thence S86°59'22"E along the North line of said Section 1, a distance of 796.36 feet; thence leaving said section line, SO1°49'03"W a distance of 377.60 feet; thence N88°10'57"W a distance of 796.18 feet a point on the West line of said Section 1;thence NO °49'03"E along said West line a distance of 394.18 feet to the Point of Beginning. Said tract contains 7.05 acres,more or less,and is subject to all easements and/or reservations and/or dedications existing, shown, or of record. SELLER ADJACENT PARCEL LEGAL DESCRIPTION Commencing at the Northwest corner of Section 1, Township 2 South, Range 5 East, P.M.M.; • thence S86159'22"E along the north line of said Section 1 a distance of 796.36 feet to the Point of Beginning; thence S86°59'22"E continuing along the north line of said Section. I a distance of 84.41 feet; thence leaving said Section line, S02°44'53"W a distance of 60.47 feet to a point on o the southerly right of way of Baxter Lane; thence along said southerly right of way of Baxter Lane the following two (2) courses; S86139'20"E a distance of 197.82 feet to the beginning of a 752.42 foot radius tangential curve concave to the southwest; thence along said curve a distance NdNei of 296.36 feet to the NW corner of Tract 2A of Certificate of Survey (COS) 1215F, said point C = also being the NE corner of TRACT 1B2 of COS 1215E;thence SO1°14'12"W along the westerly line of said Tract 2A of C.O.S. 1215F it distance of 1151.87 feet-to the NE corner of Lot 5 of. BRIDGER PEAKS VILLAGE SUBDIVISION, said point also being the SE corner of said ..�� TRACT 1B2; thence N89°03'24"W along the northerly line of said Lot 5 a distance of 602.68 m = feet; thence NO1°49'07"E leaving said northerly line a distance of 83.86 feet to the beginning of a 290.00 foot radius tangential curve concave to the southeast; thence along said curve an arc length of 75.92 feet; thence N 16°49'03"E a distance of 7.90 feet to the beginning of a 315.00 foot radius tangential curve concave to the northwest; thence along said curve an aic length of 82.47 feet; thence NO 149'03"E a distance of 1045.71 to.the Point of Beginning. Said tract contains 16.17 acres,more or less,and is subject to all easements and/or reservations and/or dedications existing, shown,or of record. aze�z I 66 0 A Shelley Vance-Gallatin Cc MT MISC 392.00 Schedule III Legal Description Lot 2 Lot 2133 of Certificate of Survey 1215 G, located in Section 1,Township 2 South, Range 5 East, P.M.M.,Gallatin County,Montana. • N s� • Nd- � O N to jIM L L �� � ,( PRIVATE DRIVE ►� moo= %f • i � mil= / ►i' SELLER•..i,i J PRIVATE ROAD '1 </ ' `.+fir .'�1.c�r�..'�sX_%t:�.•;v::i��'FFln�"�i!°•Ct�S+'Z• ';��y 0STORM WATER DRAINAGE - 4 EASEMENT AREA ;, 11 0 tc MGM�� �i` / /t / •I♦, , I I I OPEN SPACE EASEMENT --, ol k0i *,",I ' it t G..�,.. •�•::•:';;Y.,.•S,;•::•;'. � f!y/7�rtMrt.�rf r, CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR THE LOWE'S HIW PLANNED UNIT DEVELOPMENT LOCATED BETWEEN BAXTER LANE AND TSCHACHE LANE, EAST OF INTERSECTIONS WITH NORTH 19TH AVENUE, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to modify the existing Saccoccia Planned Unit Development and to include an additional relaxation from Section 18.40.180B "Limitations on Size of Retail Stores" to allow the Lowe's HIW store to exceed the 75,000 square foot floor area for a retail building. The Saccoccia Planned Unit Development had previously established a unified architectural and landscape plan for a 3-lot commercial complex with the relaxation of the following sections of the City of Bozeman Zoning Ordinance to allow: a) Section 18.34.060"Building Height"and Section 18.30.060"Building Height"to allow the building heights to exceed the maximums allowed in the "M-1" and "B- 2" districts, but not to exceed 48 feet; b) Section 18.34.020 "Permitted Uses"to allow uses identified as permitted uses in the "B-2" Regional (?)Commercial District to be permitted uses in the areas identified as "M-1" Light Manufacturing; c) Section 18.50.030.D "Water and Sanitary Sewer.System Requirements"to allow concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances as • outlined in Ordinance 1532; d) Section 18.65"Sign Code"to allow one pole sign to exceed the allowable height by 12 feet and 50 square feet in area, one pole sign to exceed the allowable height by 4 feet and 16 square feet in area and one monument sign to exceed the allowable height by 6 feet and 32 square feet in area; e) Section 18.50.035.A "Glare and Lighting" to allow the proposed lantern style light that does not conform to the requirement that prohibits luminaires and lenses to protrude below the edge of the light fixture. WHEREAS, the subject property is legally described as Tracts 2131, 2132 and 263 of COS 1215G located in the NW'/, NW'/, Section 1, T2S, R5E, City of Bozeman, Gallatin County, Montana; and WHEREAS,the Conditional Use Permit and Planned Unit Development is subject to the following forty-two (47) conditions and code provisions: Conditions for Approval: 1. The entire length of the trail along Walton Stream/Ditch shall be constructed with Phase 1 of the PUD. • 2. The trail along the west property line, from Baxter Lane to Tschache Lane shall be improved with Phase 1 of the PUD. 3. Only 75% of the required minimum parking will be permitted as on-site surface parking for the future uses lying north and south of the Lowe's building. Parking in excess of 75% of required minimum number of spaces for future uses lying north and south of the Lowe's building shall be considered a modification of the Planned Unit Development and shall only be approved by the City Commission through a Conditional Use Permit process, upon adequate demonstration of need. 4. Per'Chapter 3, Section E of the Design Objectives Plan, the building shall be broken into modules, to appear to have a more human scale. In order to reduce the scale of the building it shall be broken into a minimum of 4 modules each offset a minimum of 40 feet from the primary module (the building entrance) with the primary module restricted to a minimum of 75,000 square feet and each sub module restricted to a maximum of 40,000 square feet in size of modulation could be achieved by deepening the gable elements on all facades or the Lowe's CUP/PUD#Z-05128 PAGE 1 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT • reconfiguration of gable projections and placement on the north and east facades of the structures. 5. Detailed elevations with a working scale shall be provided with the Final PUD Plan. The elevations shall call out all materials and colors. 6. A color palette and materials sample board shall be submitted with the Final PUD Plan. 7. The pedestrian corridors within the Lowe's parking lot shall be modified to provide sidewalks on two sides with an island of landscaping in between at least 10 feet in width with a cross connection through the landscaped island. 8. All crossings within the Planned Unit Development shall be constructed with scored and pigmented concrete. The crossings shall be noted as such on the Final PUD Plan and details for the pattern shall be provided in the final development guidelines. 9. All benches, picnic tables and other amenities shall be identified on the Final PUD Plan. Details for the structures shall be illustrated in the final development • guidelines. 10.Elevations and construction details shall be provided for the gazebo and the display area with the Final PUD Plan. 11.The metal siding and roof.shall be a non-reflective color and finish. 12.Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan. 13.The storm water ponds shall be designed as open, landscaped features that are lined with native grasses and indigenous plants. 14.The applicant shall agree to an economic impact study, paid for by the applicant and completed by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts of this development. Unless otherwise provided, such information shall include an economic impact study, prepared by qualified professional(s) that contains, at a minimum: a. A report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; • b. A report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal, will have in the area; . c. A report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; d. A report on the additional costs of public services and facilities caused directly or indirectly by project, and the impacts on the ability of the City to provide municipal or governmental services; e. A report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; f. A report on plans and strategies for adapting the building for re-use in the event of closure; including a closure plan describing how the property will be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed. g. A report on the impacts of the project's approval on the job market in Bozeman and Gallatin County, including a comparison of wages and benefits of existing businesses, and an analysis of the effects of the project's approval on wages and benefits of existing businesses; and Lowe's.CUP/PUD#Z-05128 PAGE 2 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND PLANNED UNIT - DEVELOPMENT • h. A report demonstrating applicant's plan to reduce or eliminate adverse impacts identified in the analysis, including but not limited to any burden on the ability of the City to provide municipal or governmental services. The applicant shall provide a report of the impacts of their project and proposed actions to be taken to mitigate any adverse impact. In lieu of such a report the applicant may: at the time of opening, contribute $100,000 to the City's affordable housing account. In addition, the applicant shall contribute $200,000 a year for two years (for a total of$400,000) to be used for mitigation of potential socio-economic impacts. 15.A detailed Renewal Plan which addresses all of the criteria outlined in Section 18.40.180.D shall be submitted to the Planning Office for review and approval by the City Commission prior to final site plan approval and issuance of a building permit. Upon review of the renewal plan the City Commission shall direct staff to draft a formal agreement that obligates the owner to redevelop the property per the renewal plan and the provisions of the ordinance. The agreement shall offer recourse to the City of Bozeman if the redevelopment is not completed as outlined in the approved renewal plan. • 16.Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its entirety with Phase I. The road shall be improved to the three lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. 17.Tschache Lane shall be extended to the eastern boundary of this subdivision. The section shall match the section currently constructed. This may be completed in two phases as proposed. 18.This property is included in a payback district for additional design work related to the signal at 191h and Baxter. The applicant shall make the required payback prior to final site plan approval. 19.This property is included in a payback district for Baxter Lane Sewer Main Extension. The applicant shall make the required payback prior to final site plan approval. 20.The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All of the improvements recommended in the TIA shall be installed as part of the required infrastructure for each phase. This shall include an update to the TIA subsequent to the opening of Lowe's, but prior to construction of phase II. • Identified Code Provisions: a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. c. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant • materials. Lowe's CUP/PUD#Z-05128 PAGE 3-. CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT • d. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted.lights on the building must be included in the final site plan submittal. A photometric lighting plan shall be submitted with the final site plan to ensure compliance with Section 18.42.150.D. e. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. f. Section 18.46.020 requires compact parking stalls to be clearly identified with a sign permanently affixed immediately in front of each space containing the notation "Compacts Only". g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public • street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. j. The FSP shall be adequately dimensioned. k. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. Note: A C factor of 0.20 is required by the COB design standards for open land, not 0.30 as used in the calculations submitted. A storm water easement must be established on the adjacent property and filed with the.County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. I. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicants shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. • No building permits will be issued prior to City acceptance of the infrastructure improvements unless all provisions set forth in section 18.74.030.C.1.b are met to allow for concurrent construction. Love's CUP/PUD#Z-05128 PAGE 4 CONDITIONS.OF APPROVAL FOR A CONDITIONAL USE PERMIT AND PLANNED UNIT. DEVELOPMENT m. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer(PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. n. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. o. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. p. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". • q. The drive approach shall be constructed in accordance with the City's standard approach i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. r. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. s. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. t. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. u. All existing utility and other easements must be shown on the FSP. • v. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). w. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. x. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, and erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. Lowe's GUP/P.UD 4Z-05128 •PAGE 5 CONDITIONS OF APPROVAL FORA CONDMONAL USE PERMIT AND PLANNED UNIT ' - DEVELOPMENT . y. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. z. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. aa.Water and Sewer mains shall be located such that they maintain a minimum clear distance of 10' from all trees including landscape islands. NOW, THEREFORE, BE IT HEREBY KNOWN,that the above-noted forty-two(47) conditions and code provisions of Conditional Use Permit approval shall be binding upon the undersigned owners of the subject property, our successors or assigns, as long as the subject property is being used as a commercial Planned Unit Development. Lowe's CUP/PUD#Z-05128 PAGE 6 CONDITIONS O.P.APPROVAL FORA CONDITIONAL USE PERMIT AND PLANNED UNIT: DEVELOPMENT DATED THIS DAY OF , 20 LOWE'S: Lowe's HIW, Inc., a Washington corporation Attest: By: By: Name: Name: Title: Title: STATE OF NORTH CAROLINA ) ) ss. COUNTY OF WILKES ) ON THIS day of , 2006, before me, the undersigned, a Notary Public in and for said County and State, personally appeared • , to me personally known to be the person described in and who executed the foregoing instrument, who, being by me first duly sworn, stated that he/she is the of LOWE'S HIW, INC., a Washington corporation, and that he/she executed such instrument on behalf of said corporation by authority of its board of directors, and said person acknowledged to me that he/she executed.such instrument as the act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public Printed Name: My Commission Expires: Lowe's CUP/PUD#Z-05128 -.. PAGE 7 .. CONDMONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND PLANNED UNIT • ' ..:DEVELOPMENT DATED THIS DAY OF , 20 SACCOCCIA II, LLC Philip Saccoccia, Jr. STATE OF ) ) ss. COUNTY OF ) ON THIS day of , 2006, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Philip Saccoccia, Jr. , known to be the person described in and who executed the foregoing instrument, who, being by me first duly sworn, stated that he/she is the of Saccoccia II, LLC, a , and that he/she executed such instrument on behalf of said corporation by authority of its board of directors, and said person . • acknowledged to me that he/she executed such instrument as the act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public Printed Name: My Commission Expires: Ile •r Lowe's CUP7PUD#Z-05128 PAGE 8 CONDITIONS OF APPROVAL FOR A.CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT DATED THIS DAY OF , 20 SACCOCCIA III, LLC Philip Saccoccia, Jr. STATE OF ) ) ss. COUNTY OF ) ON THIS day of , 200_, before me, the undersigned, a Notary Public in and for sated County and State, personally appeared Philip Saccoccia, Jr. , known to be the person described in and who executed the foregoing instrument, who, being by me first duly s.,vorn, stated that he/she is the of Saccoccia III, LLC, a , and that he/she executed such instrument on behalf of said corporation by authority of its board of directors, and said person acknowledged to me that he/she executed such instrument as the act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public Printed Name: My Commission Expires: Love's CUP/PUD#Z-05128. PAGE 9 .. • • b d C� 0 u. �. o' • � 0 • _<t 1_, -S s- I s . ov -.!r CI OF BOZEMAN AUG .. 3 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPM • 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 August 22, 2005 Philip Saccoccia,Jr. 991 East Beach Pass Christian,MS 39571 Re: Lowe's CUP/PUD #Z-05128 On Monday, August 15, 2005 the City Commission conditionally approved the modification to the Saccoccia Planned Unit Development Conditional Use Permit for a Planned Unit Development to include an additional relaxation to allow a relaxation from Section 18.40.1803 Limitations on Size of Retail Stores to allow the Lowe's store to exceed the 75,000.square foot maximum floor area for a retail building. • 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 entire length of the trail along Walton Stream/Ditch shall be constructed with Phase 1 of the PUD. 2. The trail along the west property line, from Baxter Lane to Tschache Lane shall be improved with Phase 1 of the PUD.. 3. Only 75% of the required minimum parking will be permitted as on-site surface parking for the future uses lying north and south of the Lowe's building. Parking in excess of 75% of required minimum number of spaces for future uses lying north and south of the Lowe's building shall be considered a modification of the Planned Unit Development and shall only be approved by the City Commission through a Conditional Use Permit process, upon adequate demonstration of need. 4. Per Chapter 3, Section E of the Design Objectives Plan, the building shall be broken into modules, to appear to have a more human scale. In order to reduce the scale of the building it shall be broken into a minimum of 4 modules each offset a minimum of 40 feet from the primary module (the building entrance) with the primary module restricted to a maximum of 75,000 square feet and each sub module restricted to a maximum of 40,000 square feet in size qr modulation could be achieved by deepening the gable elements on all facades or the reconfiguration of gable projections and placement on the north and east facades of the structures. planning • zoning • subdivision review annexation • historic preservation housing • grant administration . neighborhood coordination 5. Detailed elevations with a working scale shall be provided with the Final PUD Plan. The elevations shall call out all materials and colors. 6. A color palette and materials sample board shall be submitted with the Final PUD Plan. • 7. The pedestrian corridors within the Lowe's parking lot shall be modified to provide sidewalks on two sides with an island of landscaping in between at least 10 feet in width with a cross connection through the landscaped island. 8. All crossings within the Planned Unit Development shall be constructed with scored and pigmented concrete. The crossings shall be noted as such on the Final PUD Plan and details for the pattern shall be provided in the final development guidelines. 9. All benches, picnic tables and other amenities shall be identified on the Final PUD Plan. Details for the structures shall be illustrated in the final development guidelines. 10. Elevations and construction details shall be provided for the gazebo and the display area with the Final PUD Plan. 11. The metal siding and roof shall be a non-reflective color and finish. 12. Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan. 13. The storm water ponds shall be designed as open, landscaped features that are lined with native grasses and indigenous plants. 14. The applicant shall agree to an economic impact study, paid for by the applicant and completed by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts of this development. Unless otherwise provided, such information shall include an economic impact study,prepared by qualified professional(s) that contains, at a minimum: a) a report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; b) a report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal,will have in the area; c) a report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; d) a report on the additional costs of public services and facilities caused directly or indirectly by the project, and the impacts on the ability of the City to provide municipal or governmental services; e) a report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; f) a report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the property will be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed; g) .a report on the impacts.of the project's approval on the job market in Bozeman and Gallatin County, i ;ncluding a comparison of wages and benefits of existing businesses, and an analysis of the effects of the project's approval on wages arid benefits of existing businesses; and Page 2 h) a report demonstrating applicant's plan to reduce-or eliminate adverse impacts identified in the analysis, including but not limited to any burden on the ability of the City to provide municipal or • governmental services. The applicant shall provide a report of the impacts of their project and proposed actions to be taken to mitigate any adverse impacts. In lieu of such a report the applicant may. at the time of opening, contribute $100,000 to the City's affordable housing account. In addition,the applicant shall contribute $200,000 a year for two years (for a total of $400,000) to be used for mitigation of potential socio- economic impacts. 15. A detailed Renewal Plan which addresses all of the criteria outlined in Section 18.40.180.D shall be submitted to the Planning Office for review and approval by the City Commission prior to final site plan approval and issuance of a building permit. Upon review of the renewal plan the City Commission shall direct staff to draft a formal agreement that obligates the owner to redevelop the property per the renewal plan and the provisions of the ordinance. The agreement shall offer recourse to the City of Bozeman if the redevelopment is not completed as outlined in the approved renewal plan. . 16. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue-in its entirety with Phase I. The road shall be improved to a three lane collector-standard as:shown in the Greater Bozeman Area Transportation Plan 2001 update. 17. Tschache Lane shall be extended to the eastern.boundary of the subdivision. The section shall match the section currently constructed. This may be completed in two phases as proposed. • 18. This property is included in a payback district for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to final site plan approval. . 19. This property is included in a payback district for Baxter Lane Sewer Main-Extension. The applicant shall make the required payback prior to final site plan approval. 20. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All of the improvements recommended in the TIA shall be installed as part of the required infrastructure for each phase. This shall include an update to the TIA subsequent to the opening of Lowe's, but prior to construction of phase II. Identified Code Provisions a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until.the Final Site Plan is approved. c. Section 18.38.0501 requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls,fencing or plant materials. Page 3 •t d. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the building must be included in the final site plan submittal. A photometric lighting plan shall be submitted with the final site plan to ensure compliance with Section 18.42.150.D. • e. Section 18.42.170.requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosur6. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 5 86-3258) prior to final site plan approval. f. Section 18.46.020 requires compact parking stalls to be clearly identified with asign permanently affixed immediately in front of each space containing the notation "Compacts Only." g. Section 18.48.050.C2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. J. The FSP shall be adequately dimensioned. k. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to • remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. Note: A C factor of 0.20 is required by the COB design standards for open land, not 0.30 as used in the calculations submitted. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 1. Plans and specifications for any water, sewer and/or storm sewer main extensions, and.Public or Private Streets (including curb,gutter &sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide .Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements unless all provisions set forth in section 18.74.030.C.1.b are met to allow for concurrent construction. m. Plans and Specifications for any fire service line must be prepared in accordance with the C.ity's Fire Page 4 Servicz Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection systern. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. n. Easements for the water and sewer main extensions shall be a minimum of 30 feet mi .width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement: o. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed bythe applicant. p. The location of existing water and sewer mains shall be .properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". q. The drive approach shall be constructed in accordance with the.City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. r. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or.location must be approved by the City Engineer. s. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be • provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. t. The Montana Fish, Wildlife &Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e'., 310, 404,Turbidity exemption, etc.) shall be obtained prior to FSP approval. u. All existing utility and other easements must be shown on the FSP. v. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). W. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure.vision within the sight triangle. X. If construction activities related to the project result in the disturbance of more that 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. • y. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the Page 5 infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. z. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. aa. Water and Sewer mains shall be located such that they maintain a minimum clear distance of 10'from all trees including landscape islands. The property owner must comply with all provisions of the Bozeman Municipal Code,which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. A narrative and Final PUD Plan addressing all of the conditions of approval and the code provisions must be submitted within 1 year, by.August 15, 2006. Please call me if you have any questions regarding the conditions of approval or the final site plan review process. Respectfully, 6 Jam'Morris Associate Planner JM/Jm cc: Susan Swimley, 1800 West Koch Street,Bozeman,MT 59715 Lowe's HIW,Attn:Jack Mandel, 1530 Faraday Avenue,Suite 140, Carlsbad, CA 92008 Morrison-Maierle,Inc.,306 West Railroad Street,Suite 105,Missoula,MT 59808 Page 6 Lowe's HIW PUD Response to Confns of Approval Lowe's CUP/PUD #Z-05128 Response to Conditions: 1. The entire length of the trail along Walton Stream/Ditch shall be constructed with Phase 1 of the PUD. The;entire length of the trail along Walton Stream/Ditch shall be constructed as shown on the Final Site Plan (FSP) and construction documents. 2. The trail along the west property line, from Baxter Lane to Tschache Lane shall be improved with Phase 1 of the PUD. The trail along the western property line from Baxter Lane to Tschache Lane shall be constructed as shown on the FSP and construction documents with Phase 1 of PUD. 3. Only 75% of the required minimum parking will be permitted as on-site surface parking for the future uses lying north and south of the Lowe's building. Parking in excess of 75% of required • minimum number of spaces for future uses lying north and south of the Lowe's building shall be considered a modification of the Planned Unit Development and shall only be approved by the City Commission through a Conditional Use Permit process, upon adequate demonstration of need. Legal documents, including the Easements, Conditions, Covenants and Restrictions (ECCRs) and Owner's Certification of Acceptance of the Conditions and Restrictions are included with this Final Site Plan and Final PUD application package. These documents legally bind future developers of the lots. Both documents are included under the ECCR's tab to the aforementioned condition restricting parking on Tract 2B3 (Lot 2) and Tract 2B2 (Lot 3) of this project. 4. Per Chapter 3, Section E of the Design Objectives Plan, the building shall be broken into modules, to appear to have a more human scale. In order to reduce the scale of the building it shall be broken into a minimum of 4 modules each offset a minimum of 40 feet from the primary module (the building entrance) with the primary module restricted to a minimum of 75,000 square feet and each sub module restricted to a maximum of 40,000 square feet in size of modulation could be achieved by deepening the gable elements on all facades or the reconfiguration of gable projections and placement on the north and east facades of the • structures. Page 1 of 11 Lowe's HIW PUD Response to Cons of Approval • Four detailed elevations are provided in Tab 4. The elevations depict how the Lowe's building has been broken up to have the appearance of separate modules. 5. Detailed elevations with a working scale shall be provided with the Final PUD Plan. The elevations shall call out all materials and colors. Four detailed elevations are provided in Tab 4, showing all materials and colors and the number of modules. 6. A color palette and materials sample board shall be submitted with the Final PUD Plan. A color palette and materials sample board will be included with the Final Site Plan package. For reference, a color image of the palette and sample board is included as Tab 6. 7. The pedestrian corridors within the Lowe's parking lot shall be modified to provide sidewalks on two sides with an island of landscaping in between at least 10 feet in width with a cross connection through the landscaped island. The pedestrian corridors are modified to adhere to this condition of approval. Please reference • the Final Site Plan located in this binder. 8. All crossings within the Planned Unit Development shall be constructed with scored and pigmented concrete. The crossings shall be noted as such on the Final PUD Plan and details for the pattern shall be provided in the final development guidelines. All pedestrian crossings within the internal parking lot of Lowe's are identified as scored and pigmented concrete. It is noted that the contractor shall provide a pigment color sample that meets the tone scheme on the color, palette for this project and approved by the Engineer/Architect. 9. All benches, picnic tables and other amenities shall be identified on the Final PUD Plan. Details for-the structures shall be illustrated in the final development guidelines. All benches, picnic tables, bike racks, gazebos and display areas are designated on the Landscape Plan. Details of these amenities can be found in the attached Development Guidelines or the Saccoccia PUD Development Guidelines. 10. Elevations and construction details shall be provided for the gazebo and the display area with the Final PUD Plan. Page 2 of 11 Lowe's HIW PUD Response to Con dlUons of Approval • • Construction details of the gazebo and display area are provided by the manufacturer, Limestone Trail, and illustrated in the Development Guidelines. 11. The metal siding and roof shall be a non-reflective color and finish. The metal siding and roof materials are included in the color palette and materials sample board provided in Tab 6. 12. Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan. The storage area (also known as the Staging Area) details can be found on Sheet A-7.1 within the building plan submittal and also located under Tab 12 of this document. Fencing materials are either metal wall panels that match the building or black tube steel fencing. Cut sheets for the trash compactor are also provided under the same tab. 13. The stormwater ponds shall be designed as open, landscaped features that are lined with native • grasses and indigenous plants. A stormwater detention pond is designed to incorporate landscape features and native grasses. This design is illustrated in the construction drawings for this project. 14. The applicant shall agree to an economic impact study, paid for by the applicant and completed by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts of this development. Unless otherwise provided, such information shall include an economic impact study, prepared by qualified professional(s) that contains, at a minimum: a. A report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; b. A report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal, will have in the area; c. A report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; d. A report on the additional costs of public services and facilities caused directly or indirectly by project, and the impacts on the ability of the City to provide municipal or governmental services; Page 3 of 11 1 Lowe's HIW PUD Response to CoAns of Approval • e. A report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; f. A report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the property will be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed; g. A report on the impacts of the project's approval on the job market in Bozeman and Gallatin County, including a comparison of wages and benefits of existing businesses, and an analysis of the effects of the project's approval on wages .and benefits of existing businesses; and h. A report demonstrating applicant's plan to reduce or eliminate adverse impacts identified in the analysis, including but not limited to any burden on the ability of the City to provide municipal or governmental services. The applicant shall provide a report of the impacts of their project and proposed actions to be taken to mitigate any adverse impact. In lieu of such a report the applicant may: at the time of opening, contribute $100,000 to the City's affordable housing account. In addition, the applicant shall contribute $200,000 a year for two years (for a.total of $400,000) to be used for mitigation of potential socio-economic impacts. In lieu of the necessary reports concerning adverse impacts, Lowe's agrees to contribute a total of 500,000 dollars to the City's affordable housing account. 15. A detailed Renewal Plan which addresses all of the criteria outlined in Section 18.40.180.D shall be submitted to the Planning Office for review and approval by the City Commission prior to final site plan approval and issuance of a building permit. Upon review of the renewal plan the City Commission shall direct staff to draft a formal agreement that obligates the owner to redevelop the property per the renewal plan and the provisions of the ordinance. The agreement shall offer recourse to the City of Bozeman if the redevelopment is not completed as outlined in the approved renewal plan. The Renewal Plan, identified as the Vacancy Mitigation Plan, is included with this submittal under Tab 15. 16. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its entirety with Phase I. The road shall be improved to the three lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. Baxter Lane will be improved from the eastern boundary of this subdivision to'19t`' Avenue to a • three lane collector standard as shown in the construction documents. Page 4 of 11 Lowe's HIW PUD Response to Con0ons of Approval • • 17. Tschache Lane shall be extended to the eastern boundary of this subdivision. The section shall match the section currently constructed. This may be completed in two phases as proposed. Tschache Lane will be constructed to the eastern boundary of Lot 1 under current phase. Tschache Lane to be constructed to match existing roadway section as seen in construction documents. 18. This property is included in a payback district for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to final site plan approval. Lowe's agrees to pay for the work related to the signal at 19th and Baxter in the amount correlating to Tract 2B1 of COS 1215G. 19. This property is included in a payback district for Baxter Lane Sewer Main Extension. The applicant shall make the required payback prior to final site plan approval. Lowe's agrees to pay for the work related to Baxter Lane Sewer Main Extension in the amount correlating to Tract 2B1, of COS 1215G. Copies of COS 1215G as well as Exhibit B, showing the overlap of the sanitary sewer payback area, are included in Tab 19. 20. The traffic impact analysis submitted for the project shall be approved i p y p � pp ed by City Engineering and the Montana Department of Transportation. All of the improvements recommended in the TIA shall be installed as part of the required infrastructure for each phase. This shall include an update to the TIA subsequent to the opening of Lowe's, but prior to construction of phase II. It is acknowledged that a traffic impact analysis will be approved by the City Engineering and MDT prior to construction of each phase. It is further acknowledged that the TIA shall be updated subsequent to the opening of Lowe's, but prior to construction of phase II. Identified Code Provisions: a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. The applicant will submit seven copies of the Final Site Plan within 1 year of preliminary approval. . Page 5 of 11 Lowe's HIW PUD Response to Cond�fons of Approval • • b. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. The applicant acknowledges that a building permit must be obtained prior to work and must be obtained within one year of Final Site Plan approval. C. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. All rooftop and ground mounted mechanical equipment will be screened in accordance with the Development Guidelines and as seen on Building Elevations located in Tab 4. d. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the building must be included in the final site plan submittal. A photometric lighting plan shall be submitted with the final site plan to ensure compliance with Section 18.42.150.D. A lighting plan showing all on-site lighting including wall-mounted lights will be included in the • FSP package under Tab D. e. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. All trash receptacles and recyclable containers will be appropriately sized and located as approved by the City Sanitation Department. Trash enclosure details are provided on Sheet A- 7.1 located under Tab.12. Cut sheets for the trash compactor are also provided under the same tab. f. Section 18.46.020 requires compact parking stalls to be clearly identified with a sign permanently affixed immediately in front of each space containing the notation "Compacts Only". Compact parking stall signs will be installed where necessary as development occurs. In the case of Lowe's, no compact parking stalls are proposed in the parking lot due to the nature of the vehicles commonly found at Lowe's H/W. Page 6 of 11 Lowe's HIW PUD Response to Conk of Approval g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. All parking lots located between Lowe's and public streets will be screened with landscaping. See the Landscape Plan tab for exact details. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. It is acknowledged that a sign permit application will be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.52 of the City of Bozeman Zoning Ordinance and the approved Development Guidelines. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. A Landscape Plan is included under the Landscape Plan Tab. Upon comment from the City, the plan will be finalized with the signature of a certified landscape architect. j. The FSP shall be adequately dimensioned. Adequate dimensions will be provided in the FSP. Refer to the Final Site Plan Tab. k. A Stormwater Drainage/Treatment Grading.Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. Note: A C factor of 0.20 is required by the COB design standards for open land, not 0.30 as used in the calculations submitted. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if. located off the subject property. A Stormwater Drainage/Treatment Grading Plan is provided as part of the construction drawings SW-1, SW-4 and SW-5. A C factor of 0.20 was used for calculations. See Tab K for the required stormwater easement exhibits. Final approval of easements is pending Lowe's and City review. A Storm Water Maintenance Plan is included under Tab K of this submittal. Page 7 of 11 Lowe's HIW PUD Response to Condttfons of Approval • • I. Plans and an specifications for water, sewer and/or storm sewer main extensions and Public p Y or Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicants shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements unless all provisions set forth in section 18.74.030.C.1.b are met to allow for concurrent construction. The applicant acknowledges this condition. Professional Engineering services will be provided by the applicant for construction inspection, post-construction certification, and preparation of mylar record drawings. Refer to Tab L for letter certifying engineering services during construction activities.. m. Plans and Specifications for an fire service line must be prepared in accordance with the Cit 's p Y P p Y Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. The applicant acknowledges that plans and specifications for the fire service line must be provided and approved prior to construction. Fire service line details can be found in the construction drawings for this project. Reference document in Tab L. n. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. Water and sewer main easements have been revised to a minimum width of 30 feet and at least 10 feet separating the pipe from the edge of the easement. Refer' to Water and Sewer Easement Exhibit in Tab N. o. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Page 8 of 11 Lowe's HIW PUD Response to Condions of Approval Refer to the FSP Tab for the location of sewer and water services. Approval of the water and sewer services will be completed prior to construction, by the water/sewer superintendent. p. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". The locations of all existing water and sewer mains as well as fire hydrants, both existing and proposed, are clearly depicted on the FSP. q. The drive approach shall be constructed in accordance with the City's standard approach i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The drive approach is designed in accordance with City standards and is depicted on the FSP. The City Curb Cut and Sidewalk Permit is pending approval from the City. r. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Sidewalks will be built to city standards unless shown otherwise on the approved construction documents. s. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. It is acknowledged that curb details and asphalt paving section details shall be provided and approved by the City Engineer. These details are provided in the construction documents. t. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. This. project includes wetland permitting with the .Army Corp. of Engineers. A package is prepared and submitted to the Corp with comments pending. A MDEQ SWPPP is prepared and will be submitted to the State pending selection of a contractor. u. All existing utility and other easements must be shown on the FSP. Page 9 of 11 Lowe's HIW PUD Response to Con#ns of Approval • Refer to the Certificate of Survey in Tab 19 for existing easements. All other proposed easements can be found at Tab K and Tab N. v. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Adequate snow storage areas have been provided on site and are depicted on the FSP tab. No . storage area easements for neighboring properties were needed. w. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. All sight triangles are free of any plantings which might obscure vision within the sight triangles. Refer to the Landscaping Plan Tab. x. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of • Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQB, and erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. Erosion control plans are addressed in the SWPPP and shown in the attached construction documents, SW-4 and SW-5. A MDEQ, SWPPP and NO/ will be submitted to the State upon selection of a contractor. y. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. All construction traffic will utilize public roadways such as Baxter and Tschache Lane with access through Sacco Way. No construction traffic is permitted on Commerce Way or on private access easements connecting this site to Commerce Way. . z. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent Page 10 of 11 Lowe's HIW PUD Response to CondOns of Approval streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. The applicant agrees to this condition. Refer to construction documents. aa. Water and Sewer mains shall be located such that they maintain a minimum clear distance of 10' from all trees including landscape islands. All water and sewer mains have been located a minimum of 10' clear distance from all trees including landscape islands where possible. Due to the need for mains to traverse the site some landscape islands have been crossed at a perpendicular angle and plantings moved reducing the mains exposure to roots. Page 11 of 11 • 1 �. This tab does not require supplemental data. Please reference the Response to i Conditions tab for information. • • 2 This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • • 3 i This tab does not require supplemental data. Please reference the Response to Conditions tab for information. 4 o � , W N N W N to Q O N M REVISIO POSTNS SET I I p LL Q � 0 �m OIBBDE DATE �198llE DATE < I I N W 0 W I I co M z n z y I I DATE DESCRIPTION z A p & L34 M �O 23 TP S QRA.13 35 B B.41 C W\In 2 z = u¢a ,Q C � : o (L i6,nI 4 I � - - - - - r z � I oao �z to a ME U o Ui " „ ' 0o V$ Q VOO i �3O �¢ T.O. MASONRY - 1 F N HEIGHT 1 „ •�- ",/ _ 20-0 A : .. BOVE SLAB •ARCHITECT: • FlNI H FLOOR ! I - O_0 MITCHLIL C.SMITH �... -. ... ,, .„..-, EDGE OF SLAB - - - - SEE SHT. S-1.0 CJ ON 20-e 22'-0" 20'-0" 20'-0" 20'-0" 20'-Ow 21'-4" - - 6 A-2.1 - - - - - - - 13'-8" 23-4" 22-8" FRONT ELEVATION GRID 24_g" 48-8 66-8 86-8 106'-B-B 128-8 148-0 401-4 424-8 447-4 LINE 2 22'-O" 22'-0" 22'-0" 28'-0" 24'-0" 44194''- 40'-0" 19'-4" 13'-4" SCALE: 1^=20'-De4'-0" 170-O 192-0 214-0 240-0 264'-0 315-024'-0" 6 '-4' 113_4 20'-3" L U-0" 260-3" 238'-3" 169_11" DOWN SPOUT JOINT LOCATIONS chm,ir."„yax Aren,«d 0'=0" DQ.FS.0iONLY 0 DI�.S. ONLY D.S. :.S. ONLY G wo ODg.S. O�NLY D.S. ONLY E � • c..'oD OwWI: �OI'�a_ `�, Og� WI Ow - 7i 0wSMon, 1 I..;, _ •,,All GRID z r"mm°ltl Inu.cerG...n:�ey.ny a.,o"rom"eme�r"M-b elmrn y"n..mn aM°•.a,.xmo-mA.- LINE 1 z C � T o M TLuj S RH F IL ? Zwi� K 3 WWI > O I K , o 8 I w N 0 �s N z z o > 12 A-2.3 n8 o \ U c 3o O V O �E7 lV / V .,.ny vi .. • M I B. SOFFIT. T.O. MASO RY I I - I 32-0 26-0 T.O. MASONRY o 0 0 o m o 0 0 0 26-0 13/A- .0.0 N- HEIGHT 15 A-5.0 II - _/A 5.0 15 .0 E HEGHJ I I FE C HEIGHT 12 VE SIA - ABOVE S B ' _ I FINISH FLOOR ---' --------� p 14 IS,-O 17D 0 - " 22-oH OtE ! r; DtF Dtc 11 I� D1H otd IS 0-0 I, ,a'-o" 18'-0" , " II J-6-'0".' ri III. k24--19 _020'-0"" 2 '-8" I 258'-0" 2 _g" �`'-��-Fw"' I- , " ' " 18,_0" 20'-8" 2, • 90'-8" 18�8^ 25'-4" 20'_Ow DOWN SPOUT & CONTROL 51 71'-4" 51 53'-4 535'-4" 51 1T-4"ff, I < .J C„I,pIJLY 463'-4" 4 ` 40 �� c,JLv 359'-4 339'-4 3,9'-4 2 C7. NY p�NLY - - 2' �' _'�" 1' 87_'1" 169'-4" 151'-4" 133'-4" Or .aJ.o�LY 68 0 49'-4 ` 24' 0 JOINT OCATIONS C.J.ONLY C.J.ONLY C.J. -4 . <1 o C.d.ONLY C.J.ONLY 0.J.ONLY C.J.ONLY C.J.ONLY . A.ONLY C.J.ONLY C.J.ONLY Qs. - C.J.ONLY C.J.ONLY C.J.ONLY C.J.ONLY O.J.ONLY C.J.ONLY C.J.ONLY �.J. 1(- - - 5 A-2.1 $ �7T=4"" 19'-4" 126'-e" - 19'-4°w 84'-0' 1 -8" NOTE: 478-0 400-8 381-4" 254-8 230'-0" 111-4 92'-0". D.B.ONLY • • UNDERGROUND DRAINAGE AT ,. D.S.ONLY D.S.ONLY D.S.ONLY D.S.ONLY D.S.ONLY D.S.ONLY D.S.ONLY REAR ELEVATION ALL TRUCK WELL DOWNSPOUTS LAL 5.11 PROVIDE 8" PIPE BOLLARDS (SEE DETAIL 3/S-3.1) AT GAS METER. NUMBER AND ?, T SCALE: 1"=20•A11 A-1.0 FINISHES LOCATION PER PLUMBING PLANS. r, Q F-1 FACTORY BLACK NNYL COATED FAB. 5.12 STEEL DOWNSPOUT COVER, PAINTED (SEE DETAIL 13/A-3.0) I� N PF-1 SIERRA TAN OR EQUAL(PRE-FINISHED) 5.13 STEEL C-CHANNEL. W W � (CHAIN-LINK FABRIC) - PF-2 LOWE'S BLUE PRE-FlNISHED I- ( ) 5.14 METAL WALL PANEL z cD a i _ F-2 FACTORY BLACK POWDER COATED 5.18 METAL AWNING 8. 8 7 c 8 5 4' 3 1, 2 PF-3 STANDARD WHITE(PRE-FINISHED) O O z (SECURITY FABRIC) _ a w o 0 0 6.01 CART GUARD P.T. 2x70 STAINED LIGHT GRAY, MOUNTED 5"-A.F.F. TO BOTTOM WITH - a � T.0 FRAME EF-1 LOWS S MEDIUM BEIGE(E.LF.S.) a q a rJ I < F-3 OPAQUE FABRIC SCREEN 1/2"0x4"� P. BOLTS (COUNTERSUNK) O 36"D.C.. \ o / a > > > 34 4 S ,',/ 'j "� TS-1 BLACK(TUBE STEEL) tj EF-2 STANDARD WHITE(E.LF.S.) 8.02 TELEPHONE BOARD - 4x85HEE7.PLYWOOD O 4"A.F.F. WITH INTUMESCENT COATING ON i °T _ P-1 LOWE'S RED (PAINT) CMU-1 NATURAL(CONCRETE MASONRY) ( ); - c W $ $ T.0 MASONRY E I < T.O F , ui ALL SIDES PRIOR TO INSTALLATION SEE SPECIFICATION SECTION,07812 6.03 WOOD TRELLIS i I _ I O 0 27 4 xi T0: MASONRY a� 34-GRAM a CMU-2 KANTA BROWN(CONCRETE MASONRY) "" - - Y - ; -•B.D. SOFFIT I a -;'° ;. O o 0. FRAME _ a P-2t STANDARD WHITE(PAINT) 7.01 ACRYUC"FINISH`SYSTEM. BY E.I.F.S. MANUFACTURER, ON SMOOTH FACED CMU WITH I `` - ! .: ... -' ` ' 3' 'AWNING" .S:.0 - 28 8 32-0 NS-1...MOSSY ROCK.(NATURAL,STONE) FLUSH JOINTSr- - T.O. MASONRY I _ I' 23-4 __ ____ _ T.O. FRAME o `� P-3 -SIERRA TAN OR EQUAL(PAINT). - 7.02 EXTERIOR INSULATION AND FINISH SYSTEM (E.I.F.S.). 26-O P-4 SO-1 SUBDUED GRAY(SPANDREL GLASS) I 12/A 5.0 IYP. COL. I T - --- 7.03 STANDING SEAM ARCHITECTURAL METAL ROOF PANEL. I ' I B.O. SOFFIT i► NA-1 NATURAL ANODIZED(ALUM.) I 18/ 5.0 TYP. ® C.J. 17-0 P-5 OSHA YELLOW(PAINT) 7.D4 PRE-FINISHED METAL COPING. '' '`�� FENCE HEIGHT ,.. _,. I I , I - W-1 REDWOOD STAIN (WOOD) 7.05 MEDALLION - E.I.F.S.,(SEE SHEETS A-2.1,A-3.1, A-3.2 AND A-3.3) 12 1 0 ABOVE SLA - :.P-8 MANUFACTURERS STANDARD BRIGHT WHITE(PAINT) 7.08 COgNICE - ALUMINUM WITH PRE-FINISHED METAL COPING (SEE SHEETS A-2.1, A-3.1, A 3;2 AND A-3.3 FINISH FLOOR FINISH FLOOR NOTE: SEE SPECIFICATIONS FOR APPROVED MANUFACTURERS. UNLESS SPECIFICALLY CALLED ) 0_O 5 A-2.1 - - 7 - OUT, - - - - - - - 0 • • CONTACT MANUFACTURER FOR LOWE'S NATIONAL ACCOUNT COLOR FORMULAS. 7.07 PRE'-FINISHED METAL FASCIA 0" 7.08 SNow'',,BMKEr SIM 42-0 230 00 255°o"1200 40 ?82'°e" 1160 a8 140 00 120'00 702°0 74-0" 40.9;1, 23�_q� coNTROL LEFT ELEVATION L E'B HIW.INC. KEYNOTES O �� �` JOINT 8.01 OliktHEAD DOOR. 10'-0" LOCATIONS 3 1530 FARADAY AVE..SUITE 140 p p SCALE: 1"=20'-0" A-1.0 CARLSBAD,CA 620D6 8.02 HOY.OW METAL DOOR AND FRAME TYPICAL, PAINTED. 84'-0 z k - 1.01 SIGNAGE- FURNISHED AND INSTALLED BY OWNER (LOWE'S). SEE SHTS.A/3.1,3.2 FOR M rj M W •} 8.03 ALUMINUM STOREFRONT. I p N o 0 o I m 760.804.5300 M 780.918.9112 F BLOCKING LOCATIONS. HORZ. POSITION OF SIGNAGE TO BE CENTERED ON - Qj a : O z I? z O • L I• 8.04 AUTO-SLIDER DOOR (SEE SHEET A-6.0). W w 4i N M N BACKGROUND.ELEMENT. °' '� ey 5 M Um m +ILL 4 p ,:r �j a Vl° .M 8.05 IMPACT DOOR(FACTORY FINISHED), STEEL TUBE FRAME PAINTED. w w M I M z Ao°aT°owTourµ"x°"c"ca�vgwoi 2.01 CHAIN-UNK.FENCE WITH BLACK VINYL COATED FABRIC (SEE SHEET A-7.0 AND o w z Oj I N o o QO �\ y,ym +'� °THIy"eo"10":�' A 8.06 SPANDREL GLASS o z a y w o I I I 3 Ao".enee' °H SPECIFICATION SECT 02822), ' 33 a I p 3 M w ey w w I d 8.07 CLEAR GLASS - 3 z _ I I I .S I w • LL• 2.02 CHAIN UNK FENCE WITH SECURITY FENCING UP TO 8'-0" ¢ ¢ O I N m O c�J 3 3 c43 tQ3 to a 9.01 UNOBSTRUCTED PATH,AS DIMENSIONED SHALL MEET ALL GUIDELINES FOR ACCESSIBILITY �i I N LTI I to z o ABOVE.FINISHED GRADE (SEE SHEET A-7.0 AND SPECIFICATION SECT. 02822). _ Qj m q to 0 o yi p 'n o z 3 �� O O TO BE PAINTED OSHA YELLOW. - W w n I qI w n I iS I` a a 2.03 CHAIN-UNK GATE (SEE SHEET A-7.0, FOR SIZE AND TYPE, AND SPEC. SECT. 02822) 0 o M a 1 2 z N 3 I Q 3.33 4 I 5 I Q tr 8 I O 0 ay 7.13 8 9 9 9.02 1 HIGH LETTERS PAINTED WHITE I < rri < < < < < O 2.04 TRENCH DRAIN SEE DETAIL 11 S-3.0, SHEET P-1 AND P-3, AND SPEC SECT. 15431 . 2'" O D O z �'O c4S 4i z w\ gg w\ w\ c4J LL ,: w M ( / ) 10.01 ALUMINUM CANOPY- 30'-O"x5'-O" - MOUNT O 15'-4 A.F.F. (SEE SPECIFICATION o EL .'I to S n Q to A-2 3 2.05 48° HIGH x 75' LONG TUBE STEEL GUARDRAIL/FENCE (SEE DETAIL.9/5-3.0) SECT. 10530). ; coi, IN-'^ F t� rc Ll it I(-•z IFl- ty-3 'I• :` "r\t m 2.08 TUBE STEEL FENCING 0 •'- - - - - 10.02 ALUMINUM CANOPY- 5'-0"x5'-0' - MOUNT 8'-0" A.F.F. SEE SPECIFICATION "* m n \ n tD n n n tO n �f o _ '' o T.O. FRAME ti o o W o 3 0 0 0 0 o 0 0 -, G 2.07 TUBE STEEL GATE (SHEET A 7.0, FOR SIZE AND TYPE, & SPEC. SECT. 02825) SECT. 10630). :,,,� 0 O\ I N O 0 no 0 0 N 3.013 TREE WELL REFER TO LANDSCAPE 111 02 DOCK LEVELER - EDGE-OF-DOCK MOUNTED (SEE SPECIFICATION SECT. 11160), - / j,ti 3 T. M 8O8" cD 27-4 3.01 CONCRETE RETAINING WALL W/8" HIGH CONCRETE CURB (SEE SHEETS S-1.0 AND / / T.O. SONRY --- ---_ -_-26-0- 2.08T. . - 11.01 TRASH COMPACTOR - FURNISHED AND INSTALLED BY OWNER (LOWE'S). xL. D. M NRY 11.03 DOCK LEVELER - PIT-MOUNTED (SEE SHEET A-5.0 AND SPEC. SECT. 11160). --- ---- 3 02 CONCRETE SIDEWALK FE CE HE HT . 11.04 DOCK SHELTER,(SEE SHEET,A-2.1 AND SPECIFICATION SECT. 11160) 2 -0 A OVR S 3 03 TACTILE WARNING GROOVESIN CONCRETE (SEE.SHEET 5-3.0). II E STRUCTURES- OPAL POLYCARBONATE PANELS OVER STRUCTURAL 1 --- 3.04 CONCRETE FILLED ISLAND (SEE STRUCTURAL& CIVIL DRAWINGS). 13.02 NOT USED... SYSTEM.(SEE SPECIFICATION SECT..13123).. - I ___ ___ ___ 112NC0 HABOVE SLAB ' 3.05 CONCRETE TRANSFORMER PAD, VERIFY.SIZE & LOCATION PRIOR TO POURING (SEE - 13.01 SHAD TUB USED .. SHEETS A-4.0 & S-1.0). I I KNISH FLOOR ti 3.08 CONCRETE GENERATOR PAD VERIFY SIZE.& LOCATION PRIOR.TO POURING (SEE. ...-_ �4•-•�% -' - - '- SHEET A-4.0 & 5-1.0). A-2.3 © 12 10A-2.3 r VA - 3.07 CONCRETE SLAB ON.GRADE (SEE.STRUCTURAL DRAWINGS). Sim SIM RIGHT ELEVATION 3.08 JOINT SEALANT WITH BACKER ROD (SEE-SPECIFICATION SECT. 07920) OR(DETAIL 15 OR IB/A.50). FENCE HEIGHT //► • • 12-0 ABOVE SLAB L SCALE: 1-=20•-O• A-1.0 3.09 CONCRETE STAIRS (SEE SHEETS A-5.0 ANDS-3.1). GENERAL NOTES: o 3.10 CONCRETE CONTROL JOINT (SEE SHEET S-1.0). 1.) F.O.M.-FACE OF MASONRY 17.) EXT. CONTROL JOINTS SHOWN ON A-2.0, - - o w 0 2. F. . 18.) ALL CMU HAVING EXTERIOR AND INTERIOR 3.11 CONCRETE BASE )) tC-FACE OF CURB M m m 3.) A.M.O.- ACTUAL MASONRY OPENING EXPOSURES, NOT GROUTED, SHOULD 4.01 BUILDING EXPANSION JOINT. (CLEAR DISTANCE REQUIRED) RECEIVE FOAM FILLED INSULATION. o 2 W M z 4.02 MASONRY CONTROL JOINT, TYPICAL (SEE SHEETS A-5.0 & S-3.1). 4.) ALL DIMENSIONS TO FINISHED FACE. 19.) AT CUSTOMER LOADING CANOPY AND = W o�ti I O= w OF,WALL OR MATERIAL'OR AS OTHERWISE GARDEN CENTER COVERED AREA, PAINT < N D; a o OI �! w (n = 4.03 SINGLE SCORED SMOOTH FACE CMU. ',. NOTED, - ALL EXPOSED METAL, STEEL AND METAL O w z N - z - <�n O °- {: g o %1 N z 4.04 SPLIT FACE CMU. 'S.) SEE WALL TYPE LEGEND FOR WALL ROOF DECKING WHITE UNLESS SPECIFIED $ o= ,�I og p o w O 9 O I F OTHERWISE. No I�+i�t '- 'n '1 w z I W Z 4.05 SMOOTH FACE CMU. CONSTRUCTION. tl o LL o rn ti N I g N 8. AF F ABOVE'FINISHED FLOOR SALES � II Y � Q 4.06 BULLNOSE CMU ACCENT.BLOCK. ) ( 0 1 2 w ' Ta 3.33 4 I J z 5 W o: 8 I 7 7.13 a 8 d FLOOR) m s s o o'O 0 43 0 ?� to 4.07 SINGLE SCORED SPLIT FACE CMU. 7.) SEE,SHEET A-6.0 FOR DOOR SCHEDULE; _ / - - - - - \ ? � \ O 4.08 STONE VENEER. SEE SHEET'A-8.1 FOR WINDOW m - m SSS $ > > a p c co p 5��j W SCHEDULE: w W o o U cJ 8 o€j o w o o co o c p §§ o 3 J z 4.09 10' HIGH CMU.SCREEN WALL. B.) SEE SHEET A-7,0 FOR GATE SCHEDULE mO �Fi� 'j Ni mw -."i W g I'': O N < < Nj W Z3 a O N I N O O ^ N O T.O. FRAME 9. SEE STRUCTURAL SHEETS FOR CONCRETE I I m a w \ n < O O o $ �,t 0 O a O < O a O o 0 41 8'� LL 5.01 METAL DOWNSPOUTS, PAINTED. o \ a v a o�x o ad ri o ao \ o o M ri N C Z SLAB CONTROL JOINT INFORMATION. I D I D I e I I m I e• I I L O W < 5.02 METAL GOITER, PAINTED. 10J FORILOCATION OF FIRE EXTINGUISHERS I b 5.03 STEEL CANOPY(SEE SHEETS A-2.1, A-3.3, A-3.5, S-4.4, S-4.6 AND S-4.2), PAINTED. -REFER TO FIRE PROTECTION SHEETS. - _ > LL.I z 11.) PROVIDE (2) 6"PIPE BOLLARDS AT LLJ O W 5.04 STEEL TUBE, PAINTED. - GAS METER, IF REQUIRED. SEE SITE,, i'I Jx ___ _ __ ____ ____ ___ ____ _ _-- - ---- -_- _-_ __-- O N ( - ) - - STRUCTURAL, AND PLANS I I X O w 5.05 ROOF ACCESS LADDER, PAINTED SEE SHEET A-7.0. B. C N Y o LOCATION. 5.08 FORKLIFT DAMAGE PREVENTION BARS- 18'-0"L W/ BOT. O 9'-8"A.F.F. (SEE SHEET 12J ACL1 UNOBSTRUCTED PATHS SHALL - � � - 8 0 '� W J m LY1 a 7/A-2.2). MEET BALL GUIDELINES FOR ACCESSIBILITY I 18 A-5.0 - - _ ___ T.O. SCREEN WALL h •ORIGINAL • AND ARE TO BE PAINTED OSHA YELLOW - 10-0 ISSUE DATE: 03.01.0.5: 5.07 FORKLIFT DAMAGE PREVENTION BARS- 7'-0"L W/ BOTTOM O 9'-4"A.F.F. (SEE SHEET 13.) BRACE'ALL STEEL STUDS ACCORDING TO 7/A-2.2). , MANUFACTURER'S LIMITING HEIGHT PERMIT SET 5.08 FORKLIFT DAMAGE PREVENTION BARS- 16'-0"L W BOTTOM O 13'-8"A.F.F. (SEE (L/240)• _ _ _ FINISH FLOOR ,'• ^'� _ _ _ _ _ p_Q ISSUE DATE: 12.29.055 / 14.) SEE SPECS & FOUNDATION DETAILS 1.L tb tea otc oto ase CONSTRUCTION SET SHEET A-2,2) 7/A-2.2. FOR FENCES, SPACE POSTS TO AVOID (BEYOND) RIGHT ISSUE DATE: 5.09 PROVIDE 4" PIPE BOLLARDS (SEE DETAIL 3/5-3.1)- NUMBER AND LOCATIONS PER FOOTINGS•WHERE POSSIBLE. - 0'-0" 18'-0" 20'-8" 19'-4" 18'-8" 18'-0" 18'-0" 12'-8" 19'-4" 26'-0" ,8 8 3 '- "'I� 15.) NO GAP LARGER THAN 2" IS PERMITTED CONTROL 36-8 65-4 84'-0" ,02'-0" 120'-0" 132'-8 152'-O' 178'-O" 191 L� ELEVATION/SECTION DRAWING NUMBER: ARCHITECTURAL PLANS AND DOOR DETAILS. JOINT AO CHAIN LINK FENCES, GATES, ETC. 9 - A-2"O 5.10 PROVIDE 6" PIPE BOLLARDS (SEE DETAIL 3/S-3.1)- NUMBER AND LOCATIONS PER 18.) MOUNT ALL SLIDING GATES ON OUTSIDE '' LOCATIONS 48-0 ,y � FEg 2 8 200fi SCALE: 1"-20'-0" A-1.0 ox,°.°° ARCHITECTURAL PLANS AND DOOR DETAILS. " 0.ENCLOSURE FOR FINAL SITE PLAN 5 • • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • ® • J , 6 MATCP LETAM Oil r I F-- -9 Mill I � i —�' �'- E V` . C wy, ` a �,�.�,c IscY' ;�j r .-� . DICiT�AfT1�E�tHE -0000 LOWE'S of BOZEMAN MATERIALS5.0105 rLowel aati.A,.YiTfTAMA • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • 8 i This tab does not require supplemental data..Please reference the Response to Conditions tab for information. 9 �� This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • 10 i 0 • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. �_ 11 �� This tab does not require supplemental data. Please reference the Response to Conditions tab for information. •`-_.� 12 • • D1LL Uf rim LI[1f1L REF QTY DESCRIPTI❑N 1 2 11 GA X 43 X 48 4 1 7 GA X 36 3/8 X 73 3/4 5 1 7 GA X 55 1/8 X 56 5/16 6 1 1 2 X 1/2 X 3/16 ANG X 81 3/4 7 1 1 1 7 GA X 48 X 56 5/16 1 3'-4' CLEAR TOP OPENING 4 4'-3. 1/2" 52' LONG X 60' WIDE :A 7 12i_6' • 5 8'-4 1/4" 6 5,_9' RJ-275-XHD ° TOP VIEW --6'-1' 3/4" 2 3 -4' 3 ❑ APPROVED - MANUFACTURING MAY PROCEED. ❑ APPROVED, EXCEPT AS NOTED - RESUBMIT DRAWING, MANUFACTURING MAY PROCEED. 111 ❑ NOT APPROVED - CORRECT DRAWING AS NOTED AND RESUBMIT, i APPROVED BY= _ _ 8' DATEANY- ------ ; i VEIGHT CAPACITY= - f # CYCLES PER DAY- j . OF NOTE. APPROVED COPY THIS OKAYING MUST HE 4,_6' i RECEIVED TO BEGIN MANUFACTURE OF UNIT. ._ RJ-275-XHD W/ SIDE FEED CHUTE AND FLARED HOPPER FOR LOWES DR.JR S CK, TAPP. 3, I n p n O DATE: 4 1 05 SCALE:1 2°=1= REAR VIEW VVERNON AL. TOL: YERINGTON NV. DRAWING NO. nnvorrl_Ir n onne u AMA Tl..lnkl rnllrnurnlr rnuonnly CLEARFIELD PA. cn�:co I-275-XHD AWING '� 20POSAL DRAWING THIS IS A CONCEPTIONAL DRAWING • 12 1/4 • ❑NLY. SOME DIMENSI❑NS MAY VARY DR.EIS CAD.BS DURING ACTUAL DESIGN. 2'-1' RETRACTED MIN. 9 7/8 CK. APP. 2'-9 1/2' EXTENDED MAX. 0 0 o O DATE: 3 30 05 SCALE:3 4"=1' VVERNON AL. TOL:t - 1 16 YERINGTON NV. DRAWING NO. CLEARFIELD PA. 60926 1 F-0--i0 0 ❑ APPROVED - MANUFACTURING MAY PROCEED. ❑ APPROVED, EXCEPT AS NOTED - RESUBMIT 25 3/8 DRAWING, MANUFACTURING MAY PROCEED. ❑ NOT APPROVED - CORRECT DRAWING AS NOTED AND RESUBMIT. APPROVED BY COMPANY- ______________ DATE, _ _ _ 75 WEIGHT CAPACITYi ------ 69 1/8L-52- BOLT 8' CYCLES PER DAY. _______ CENTERS REF. VOTE- APPROVED COPY OF THIS DRAWING MUST BE REF. . RECEIVED TO BEGIN MANUFACTURE OF UNIT. 60 CLEAR TOP ❑PENING 0 0L_-4 p TOP VIEW 150 69 1/8 93 57 a 12 2 60 48 48 . . t 32 1/2 1-4 9 14 5/8 6 IHsIDE 137 BOLT CENTERS REF. REAR VIEW SIDE VIEW AOL REVISIONS O� A TUBE• 6'-0• I1'-0' 17-0" GTE tin OESCRIPfbN ME GATE WIDE GlE W-0• W-C' • WIDE GATE WIDE GTE �ARCHRECT: A.—ELL C.SY,1H •I L SIDES SIFS —I r---------------� �— —I r---------------� r-- r---------- -,I r---_-- ---------i r-- MXTAL L1I Em,E EIEVAT ON NOTE WERE FABRC I I I I III I NSME,� aR S o N ILR� I I I I I I I I I I I I wTw PBuuEINc I I I I u J o�E Lao me oui �FOR I J Lu CLARRY. Llui LUJ LUJ LUJ GATE ELEVATION AT SCREEN WALL AT x01E:sEwRnr FENaxc - No�sEu,RRT�+ro+c n TRASH COMPACTOR FAmac ro w.EN Gars 7 GATE ELEVATION 6 STAGING AREA iABRIC 7D COVER G7EH 8 �•, >P•ro wAA �y �Ay ----------------- s PAW 6'-0•M'mE• 12'-0• WW I RON TUBE STEEL GAFm • I (BOMB)1E iAe<aC 3JEFI1 (/OP Q). GExffAAroR I ———————•� �C( �INIIII - COPOM I 12'-0•HRH TUBE STEEL STAGING AREA FENCE W/OPAQUE iABPoC SCREEN(SERUM) ELEVATION TREATS)2.12 CONr. PAIR T'-0•WIDE v 12'-O• 1/C•.'O a2. L ABOVE SLAB EQUIPMENT AREA'—'—'—'—'—:—'—•—'— 9 ENLARGED PLAN RIDNTUBE STEEL GATES TC.TUE .lC•rd atu WAWAOUE FABRIC SCREEN. ( ) rwRueAo.W FAm s�Es.SEALANT(Sam I.®.mA.Rm M........O(n _ ln.) T 7.1 Y NASOE/if TAP CONK. 17-0•RSN YEUL PANEL `. scams o tr O.C. TOP RtJL i ____ ' _____ __- ____._-_________- I (STAGGERED) . NSS e x e TOP PAIL ` I O 1x•xe'x1r Sw00M FACE 0 . UI I I `iAmN A° I I CMU(BOP COURSE ONLY) FA ,.. //e'WEEDS a 2.• � ,. ... .: ui PUTS- .h ,es e x e PmT t�x a x 1/a x Q'-Y CUP �I.a:t? I STAGING AREA W/TO CIQSURE AT WTRM RML-WE311 ro- ..,.....'i POST-TERT.um oo.H ENLARGED PLAN a�iBE16 TD�p"'c POST PLAN .4 ' FASIFNE.G TO FRAME SLTtE tAr•ra A.L. CQlOR) MSS e x T T s�laACTOR 9ME RAI. L,1/2 x 1 1/2 x 1/4 (.SIDES OF FRAME) UOIRT SEALANT AND BACKER ROU BOTH SIDES METAL SIDRID TEN PAW TUBE•WIDE•12' PAW 6'-0.ME• 10'-0' - . I.CH TOTE STEEL GATES NIGH TUBE STEEL GATES wC 12 x IOB X VERT.urm SmINO(SEE W/OPAQUE FABRIC SCREEN /OPAQUE FARIC SCREEN , PATTERN-WE,D ro A-2.0 FOR COUNO (as=) (BERME) •- FRAME-CUf Y.q PAVpONT-REFER TO FLANGES AT CAOS 17-r HM TUBE STEEL - I - T A-T.t 0'-0•tRC11 11ASTWREY CML Z m FENCE W/WAOUE.FABRICI �.�—� WyTLL YETAL mTID TRW W/ SEEGER,(BENNO) T A-T.1 I i •T i O HOLD ~ s No e x e R-CCFtROs E sPALIIG _ . I •. I - ::.•- �_7�••.-::"•,:.�' Q BOROw RNL ._.�, I • I •s i'.i.i� STONE SEE 3/5- YA 24. -- ----------- � i STRUCTURAL wUJ) HZ s Z a TRASH COMPACTOR �; g - ----------- `� o • LI I'I—I II—I—II I I I I' II - 7-0• .10'-0• 1I:i�`•_•l�'i_:;- ,I•4•'`'.' •ow am NQu ...8 CW�p2 PNR ME FOR FOOTWO SIZE AND REIBF.SEE STRUCIIAU W W LNL • � O O NM- mN TUBE STEEL"TEs �T Y/OPAQUE FABRC SCREEN () Z O O D Q W/I-mum (ea-0) °0MENArEB p $ ISSuEmm 03.01.05 SCREENIWALL AT " SET TRASH COMPACTOR 1229.05 TRASH COMPACTOR W." SET SSE GATE: SCREEN WALL AT 2 ENLARGED PLAN 1 �..'a A2R W wNa—BEN, 3 STAGING AREA ago .'A A-7.1 FOR FINAL S.TE PUN 13 • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • 14 • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • r • • 15 Vacancy Mitigation Procedures for the Lowe's HIW, Inc. ("Lowe's") Building In the event that the Lowe's building planned for Lot 1 (Tract 2131, COS 1215G) should at any time (or times) after its initial occupation be permanently vacated by any occupant, the owner or owners or occupant thereof (as appropriate) shall implement the following building vacancy mitigation procedures: 1. The exterior of the building, associated parking lot and private drive, storm water system, outside lighting, landscaping and irrigation system shall continue to be maintained, secured, repaired or replaced in the same manner as when the building was occupied. 2. All exterior business signs shall be removed and exterior building surfaces shall be repaired and repainted to provide a neat appearance within 90 days after the property becomes vacant. 3. Trash and litter shall be removed on a regular basis at least once a week. 4. Should the building be permanently vacated by any occupant for a period longer than 6 months for any reason other than fire or some other casualty or a force majeure event, or alterations, remodeling, additions and/or similar construction activities, then the owner or owners or occupant of the building (as appropriate) shall thereafter implement with reasonable dispatch • commercially reasonable efforts which are designed to cause the building to be reoccupied and devoted to any use or uses permitted in the Lowe's Planned Unit Development. 5. The owners of the building will look first for a buyer, lessee or user that desires the entire building for a use that is compatible with the PUD. The second strategy will be to demise the building for multi-tenant reuse or find a buyer or user that desires to demise the building for multi-tenant reuse. The Lowe's building is of such a design and character that it may be demised into three functioning building units each served by a landscaped pedestrian corridor. Demising the space will require modifications to portions of the heating, lighting, ventilation and fire sprinkler system components to adapt the building to reuse. These modifications and adaptations are subject to building permit approval at the time of building reuse. 6. Every lot in the PUD, including the uses anticipated by this vacancy mitigation plan, shall be used only for retail and wholesale sales and service businesses and other uses allowed in 132 and M1 zoning districts, including but not limited to retail and wholesale uses, service shops, financial institutions, offices, restaurants, convenience uses, hotels/motels, convention and meeting facilities, entertainment and recreational uses, health and exercise uses, wholesale storage and warehousing, technology/research uses, light • manufacturing, and auto, boat, and recreational vehicle sales and service. 1 of 2 • 7. All or a portion of Lot 1 may be used for any permitted use as allowed under the Article III USE RESTRICTIONS of the Easements, Covenants, Conditions and Restrictions (ECCR's) between Lowe's HIW, Inc. and Saccoccia Lands II, LLC and Saccoccia Lands III, LLC. 8. If at some future time the owner of the home improvement building to be constructed on Lot 1 elects to demolish this building, the City of Bozeman through the site plan review process in force at that time, may approve an amended site plan which might accommodate multiple tenants or multiple buildings, subject however to the square footage limitations set forth under Paragraph (4) of this Section, the satisfaction of all applicable regulations under the Lowe's PUD, the Saccoccia PUD and the Development Guidelines and ECCR's in effect at the time such approval is sought and subject further to requirements that that no new building be located closer to Sacco Way (a private drive) than the former home improvement center building. Off-street parking may be located closer to Sacco Way Avenue than the off-street parking for the home improvement center was located. • • 2of2 • 16 o� This tab does not require supplemental data. Please reference the Response to Conditions tab for information. 17 0 • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • • ' 18 This tab does not require supplemental data. Please reference the Response to Conditions tab for information. 19 a� • AREA WCX UM 0V SALT'W Y SEVVE R MAN PA YBA CC LOCATED IN THE NW f14 AND NE 114 OF SEC. 1, T. 2 S., R. 5 E. OF P.M-Y, LAT114 COUNTY, MOHTAHA M CT) I-)CS e v i +1 CS) 1PA`.-'0ACK AR6% WITHIN TRACT n, jCO.3 HO. 12(5C TM — — rF—v --- —8.9-4 ACRES - - - — At -=Dr. FT PAYBACK AREA WHIN TRACT B, Co Ln 00 COS NO. 12 f 5C IQ AREA = 7.78 ACRES M rJ PAYOACK AREA WITHIN'TRACT 10. COS No- 1215A AREA = 9.10 ACRES \� PAYBACK AREA WITHIN TRACT 2. N \ -COS 10.AREA 10.00 ACRES TRACT 2 jPsdloche Lone N IRACT.4A TRACT 4B U Scale I7nL F'eCt I 0 0 0 5 0 0 0 5 M 0 2:0 D I rr < :9 E PY AR ACK EA WITHIN TRACT 3, V) 150 .0 1.50 CASINO. 1215 M Z. Scale irt Meters I AREA = 22.7 0 ACRES PAYBACK AREA WITHIN Stoc TRACT 3 TAHCE*S SUBDIV ARDX = 19.91 ACRES Ook S t r e OPAL_ F 1,STA ENGINEERING AND Fvc, ,�WGIIVEERJN 61v, SURVEMNG, INC. su 4fr Cs dit TeA[�A r) 'Itroat (4 u6)M7—1116 1 F- botp.min, MouLns $971.5 U(4aa)6 —Mn TOTAL PAYOACK AREA = 103.43 ACRES #96092,10(N) 20 • • • A .. • • 1 r This tab does not require supplemental data. Please reference the Response to Conditions tab for information. This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • . { C • � . • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. � � . D • • IIs 3 1! g € pf 31 Im — � y y y $ ^^JJa8 A goc o sv:�s:s:s� z�zw sw Rig F F F F F F F F F F F �F mF 8F 4 mo a $� 3 �$ DR S S S w A� rq i' 119 Q9 5,1 m 5( a Z r3 a a a a a a a a a a a m m m � E7 r_ m Z � p r rn Ng - P z �Hill, LD Ll! - � R N � N 0; o .o • o . . O o o. . .�. .c� •-o & x �aJ � e4 Ra IR oLo j s Z z \ � I Ell m . ......... I' • 9 •SITE LIGHTING PLAN,NOTES, • •��,�a•$ Y •• ��� • c DETAILS AND SCHEDULES ��• r 4 e LOWE'S OF ° d6.a $ �� UGRC���ORI __ _. A D Ln O BOZEMAN L,OWE S ""1�! n ENGINEERS k CONSULTANTS 5 Z 9 BOZEMAN MONTANA T. = am-e TEM ST_N.etxE WW.NC 2e5.-150 •� •PROJECT Ha BM]T [IR�WN Bv:[Mal CNECNEO BY:CMP• • •� � • • PININE:335-657-1325 FAX 336-007-4332 v_ E e v e v v v v_ B B B B B B B B B B B B B B B B B B B B B B v_ _ v_ v v v E e _ L. - ° B B B B B B B B B B B B B e _ o B g 6 6 E v v_ 'v v_ g eeeeetleeeeieeeeeeeeeeeeeeeBBBBeeBeeeeIIIeee s e e :e e s s c 6 t i b c c s c c 6 69 re e e e e e e e e e e e i e e s s e t t e ecccerkELgttrrEctrErrceeecfetegteebcrEEice ! !'B L L L L C E Cc e eS 3C.t r L t 6 e 6 e C C_ C C C. C C. 0 _ t C e C t C _ r L C 0 C - e L B t :c e V.Z. C e,C .t�G - - '�_F C LaC C i G Er C 6 C e:e 6 :t t C_ 6 L e 6 6 L C L t t :t L e : _ L :I c c L.t:6i:r: it t e:c C 6 c C L .L FL L r L"L:C ". Y,' L L L g r C ee6er ecgiLCGgItceei L teeg :ee E C i C Cy L S C e L L c 6 L: _ C c i c<.e a t-e a 6i C' t I g L L e e a :e e S 6 { ! E S c c t _ . g e t 6 :C r C L C C e E B L L C t e C t L t CiE B :B B (� e C .6 !c { C L 4 I C t t 6 c 6 t:ki k C It E e ! C e B iB B e C.6 C Cat L S C C C C e e C C Y E E G E C t e: e Bib B Lo e e 6 C 2: c C:C c t C I c g t r C gC I. e B :g B °�6 e"]6 t L C C.g 1 9 tii e e c r t s e c. L Cale t g..t.e..c, c ew C 6 e g c c e e r c e.s: c-g s e i s g e c :c C C S L e C E e e e k C C e C c E E IE E e e B 'B C C: e B :B B O e e C a C 6 :6 :g L t"C 6 E 6 t G L. c t e c I-t _ _ .... .. ... e t e c t C C ;L-L`! tab t 6 _ E g t c c s 6 ° i e e c e e e t. C r e ! 19 C C r t B'L 6 C 6 c 6 6: C S L E... t'EI I� 'v_ i-C L t C C. E ZEi f C L C E C C C t C C ° 6 C t _E _ L " C. CE"Y t G C C r. C C t C L:6 E 6 L C C:t .0 C C ! S PAC r C "_ r E k i e 6:e C L t't�`C� c C'L L t' C 3 —-- ;— !:C a :c c- 6 r E t t C E C t Eye e t C 6 9 9. ! C C C r C E t L G E L E S C C t 6 0 t e: e s .0 C i C C C C e L C t Y C C Y E C 6 L 9 :c { E L e e E c C L e i S e C L C t C..0 e L c C r r r C C C r E k C -vv C. c r e E L c E t c E t o e g:g v :a _v,e E C E t E k E c e e e e e c t E t t r C r r r r r 6 c c C G 6 : C c c .e C e B:B B .P ?: C C t e Y C r C G e e C f C G C C C C'C C C C CC C 6 6 e t e e e e e e c: e e C -C G C C r 6 ! e e e i C r C C C,C t t c 6 6 C e e C e _ _ _ e v ,E:e- e v g:g g n v_ E G t C tit E E B C e e E e C E t'V t E c e C e t C e e e g g g g g :g g e g B C B B..E. C C C C C CC 6 e e e e e e e e C C.'tt6 ! e e e ee a BB B B B B -Bi6 B B B B C .B e e e t Cr. 0 r e C e eee e e t r E C'C"G E C..e.E. e ?-BBB B B BB.B..B B:B B B B B B B B B B B B.B B B ' 0 B B B B B B 6 6 6 6 B B B B B B 6 9..g..B.B6 6 B BgB-B B B B B B B B B B B B B B B B B C B B Bfir- B B �d �]d � �• �� af. �1 an fit p N ��g g141 1 g { l { l tl �l oils { �!4p is - r I� 11 x Ell p ip 95ii � � us FR Ell ��EN SITE PHOTOMETRIC PLAN r 4Ln LOWE'S OF OG� Cwm I>oa BOZEMAN llOrLOWES5 ENGINEERS&CONSULTANTS Z 9 BOZEMAN MONTANA N•_ 320—B TENTH SL N.WBIM=RD.NC 26659-1616 �� wwEcr vc asu] OFAYM 9r:oKK DNEcxEDer.CA°P °_°9 6 v PHONE:'336-667-4225 FM 336-667-4332 • ' E • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • G • • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • I • • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • J • • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • K • • . STORMWATER MAINTENANCE PLAN INTRODUCTION This document lists the key maintenance points necessary to ensure adequate inspection, maintenance and repair of the storm water system for the PUD. It also will outline how costs will be shared for necessary maintenance and repairs. Under the regulations stated in the ECCR, Article V, all owners are required to provide adequate maintenance on their own lots and to work together on maintenance issues for the overall subdivision. SITE DESCRIPTION The PUD sits on 39.98 acres of land which drains east towards Walton Stream Ditch and north towards the East Gallatin River. Based on this area and a 'C' factor of 0.20 for open land, the 10 year storm was calculated to produce a peak runoff of 4.8 cfs. The detention pond was designed to accommodate the peak volume storage with a volume of 44860 cubic feet. Storm water is collected via surface grading and inlets for each on-site sub-basin, and through a series of gravity pipes to the north east corner of Tract 2131 (Lot 1). From the Northeast corner of Lot 1, the storm water enters Tract 2132 (Lot 3) and continues through a vegetated swale which releases the storm water to the detention pond. Storm • water for Tract 2133 (Lot 2) is collected and channeled through the storm water pipes across the other lots to the detention pond. MAINTENANCE ISSUES Key maintenance issues are outlined below: Repair of Asphalt: Asphalt will be maintained to prevent excessive sediment from passing through and possibly obstructing parts of the storm water system. Surface Grading: Sub-basin grading will remain true to the original design and construction to allow adequate drainage. Inlets/Structures: Manholes and storm drains will be kept accessible and.unobstructed. Grit removal will be necessary periodically to empty the sedimentation basins at the bottom of each.manhole. These sedimentation basins range from 9" to 12" deep. Due to oils and other substances commonly found in asphalt runoff, disposal of debris shall comply to all governing agency standards. • Pipes: Pipes range from 12" to 30" in diameter and are all graded to meet minimum grading requirements. Pipes will be maintained to allow the designed flows to properly pass through. Outfall Protection: The outfall protection where the storm water pipes meet the swale will be inspected and maintained to prevent scouring or undermined pipes. Swale: Swale vegetation is paramount to preventing excessive erosion during storm events. Adequate vegetation will be maintained. Detention Pond: The size, vegetation, and environmental quality of the pond will be maintained to ensure its functionality. Outfall pipes: Two outfall pipes (12" and 15") drain the detention pond. These pipes will be kept unobstructed to allow proper water releases from the pond. • Unforeseen or External Issues: The separate lot owners of the PUD agree to work together on maintenance issues that are currently unforeseen-or a result of external causes. SITE INSPECTIONS Each owner is responsible for inspection of all maintenance issues within the bounds of their own lots. Quarterly Post=Construction Inspection Quarterly inspections of the onsite catch basins, roofs, and outlets for any obstructions and to assure they are clean. Storm drains on the site shall also be inspected to check for obstructing sediments. Pre-Storm Inspection Inspection shall be conducted before the storm season which is from October thru April. Each storm drain catch basin and detention basin shall be inspected to assure the proper function. Care shall be given to inspecting for buildup of gravel and sand within the pipes and manholes following the winter months. Post-Storm Inspection Inspection shall be conducted on each sub-basin as well as the swale and detention basin. Any detected ponded water around the site shall be examined to determine the cause and to mitigate. Inspection shall be conducted on surface erosion, periodically. MAINTENANCE / REPAIRS Each owner is responsible for responding to maintenance and repair issues which lie solely on their property. This includes asphalt repairs, surface grading, and inlet structures. For other maintenance issues that involve the stormwater system as a whole, such as pipes, outfall protection, swale, detention pond, and outfall pipes, all land owners will be collectively responsible. Cost of repairs shall be divided based on lot size to ensure fair treatment for all owners. Repairs shall be conducted in a safe and timely manner. Within 1 week of identifying the problem, steps shall be taken to mitigate the problem and repair defects to the system. BEST MANAGEMENT PRACTICES (BMPs) • In order to reduce anticipated and potential pollutants to.the maximum practical extent, site design, source control, including non-structural and structural treatment control BMPs should be incorporated in .the maintenance of this system. The following is a list of recommended BMPs. - Education for Property Owners, Tenants, and Occupants - Activity Restrictions - Common Area Landscape Management - Spill Contingency Plan - Common Area Litter Control - Housekeeping of Loading Dock - Common Area Catch Basin Inspection - Street Sweeping Private Streets and Parking Lots - Provide Storm Drain System Stenciling and Signage - Use Efficient Irrigation Systems and Landscape Design, Water Conservation, Smart Controllers, and Source Control - Protect Slopes and Channels and Provide Energy Dissipation - Conserve Natural Areas (C-Factor Reduction) - Vegetated (Grass) Swales 4 7 3 0 ��, �_ `, : ; s Detention Pond Z Om ------ -,..AP7p CENTER LINE OF 4,7,30 R M s- .. DRAINAGE SWALE zz:� POINT OF-QDJAIVIENCEN ENT NW CORNER I--_ T2S---R5 E DR.Al -E \S .. . . . .... - 6 76- 50' CONSTRUCTI-ON.-'LtCE-NS:E Mi 973 40"! 4r LL 1 .......... ............. POINT OF BEGINP,ING IM LOT LINE GRAPHIC SCALE 6.0 9 310 60 aMORMSON BOZEMAN LOWE'S IN FEET DRAINAGE EASEMENT I inch = 60 ft PLOTTED DAM Fab/24/2005 FM WOW-M&--- DATE.VU12M--- DRAWN ft—MM— SCNl-1:=W-- 0WOKED 8rJ§L--- PRDJ ftMURU POINT OF COMMENCEMENT NW CORNER SECTION 1 \, T2S R5E - DETENTION POND EASEMENT _ - _ 1 472 --... r—. — _ 4�25 : V. ;j i ;mot _. ,- 2,30 , i - - jl:. !!.I --• �,;;;�: —\� `1;.. \\.fit`. _.____._._:_�='� ""—'_ .. _—� -t��.,y;_. , `... �j •__"+1i�38:'._.__"_'^.•'-' �yae�`�\����-�i�:.;•`' -j ;1�i• j ,t'i-c :,��j fill 1 � ;ice"' ��• -- \�\,. _ =��`; i Iif j: TrJ jil t,lt`r•••. t v f POINT, OF BEGINNING ��•`'�' �i mt GO Up PROPERTY LINE N GRAPHIC SCALE 100 so +Do CIMORMON BOZEMAN LOWE'S ( IN FEET ) .. Nona- -- DETENTION POND EASEMENT 1 inch = 100 fh """°"`� °" nEW Nrn-N/A DATE 13/11/01 PIDIIED DAIS Fm/2s/7008 DRANK BY'MH SCM-L--19n' DRA=.NAME: �� CIIEH(m B'('NS PRW SHEET�OF y • • L • • December 12, 2005 Montana Department of Environmental Quality Metcalf Building P.O. Box 200901 Helena, MT 59620-0901 RE: Bozeman Lowe's HIW Inc. To Whom It May Concern: In accordance with ARM 17.38.101 (10); this letter acts as documentation indicating commitment of retaining a qualified professional to obtain certification that the water system was built in conformance with the approved plans and specifications. A professional engineer designed and will provide the certification of the system. Sincere • Roger' ernstein Director Site Development Lowe's HIW, Inc. STAT F CALIFORNIA ) �OA �� ���-�Wick- as County of ) This instrument was acknow ged before me on this_day of 2005 by Notary Pub b for the State of California Residing at: 1. My commission expires: cc: Morrison-Maierle, Inc. 1530 Faraday Avenue, Suite 140, Carlsbad, CA 92008 Phone: 760-804-5300 Fax: 760-602-1018 Y : �� i • • State of California ) ss. County of San Diego ) On 2005, before me, Diana L. Farace, notary public, personally appeared ` w .personally known to me to be the person whose na is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signatures - DIANA L. FARACE Commission#1341 OD6 Z zQMy Notary Public-Califom;a San Diego County Comm.E39ires Feb 22,2M6 • s • • • � M • . , i • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. LINE TABLE pK LINE LL LENGTHBEARI NG mIN4�V t•(pU ��, Cj✓NR L2 43.79 N88.10'59'1 • S,tysl~ •' j ND �/ w{ L3 42Ao ml 4e s6 v r- I Y� IS L4 30.00 N88.11.04'V LS 42A0 NOl•4856'E L6 207A1 N88'1('59'V L7 6A0 S01.4701'V LB 36z19 NBB•10'57'V _____ - ---- L9 3601 LL NO1'4856-E ------ 35 ------ O 30.00 S88'11'04•E BAXTER LAl4'E -' __- � -----� L12 inso N8e•1os7v 2-r':I u L1 358A2 ml•4903'V i --- - L14 30.01 N86'591221w LI5 357.90 ml'49'03'V L74 L16 40.10 N88.1857v LL7 3LOO S01.49.22'V 118 29A7 - 88.0959'E I L19 637A6 N01V3'01'E L20 39.71 N13.49'12'E L21 74b3 N13'49'12'E L221 80.18 \ i 'iL3'tCl_\r pRS}�^'-}%`�r'J��\v\\1 Vt,S\"•t;'Q Ct,\tZS jIII I I IIIIi _IIIIIi IIIII t -II1 I = II I N01.49'02'E L23 30A N89'0.'24' L24 8379 l•4'02V9 L25 77.78 3'4912 E26 2522 S13.49'1v F-30' PUBUC SEWER EASEMENT L28 424 N04903 S7157'E 19'8'31' WATER N AND SEWER,FISEMENT L29 25024 0 16 L3 9.96�\ .230' WATER EASEMENT L32 30.1 S141-447 ti I I II \ I I L33 10.40 S77.19'08'V L34 170.82 S75'38'16'V L4 L35 22450 N88'30'S7N I I \ L36 699.41 m1.49'03'V 1 t I I L10 9 L37 3750 S67.48'o2•V \ L39 2-21 N88'10'S7'V _ _L5- _ - _ - _ -LB- _ - - - _J.I JLL Jp L76 L38 z21 N88.10•57•V '�- L74 \ L0 4.95 NOl•49'03'E 'T' I 1 L75 r - - - - - - - -n1 rt�t ` L42 32A4 N67.48'02 E I I I 6 I L43 234A6 NOl•49'03'E L441 2S47 N50.23'55'V 1 L45 34.87 SSB'10'57'E �'I 30' PUBUC WATER EASEMENT , 30' WATER EASEMEr s-t I- CT 'B I JI I I L47 4s 3 8941057E ti I I I RA 5E I I I I L49 364.97 NN01'49'03 E n T t2 II I I I '.0'S'30' STORMWATER PRNATE I I LSO 21b0 S89'1159'E II I I t� tp UTIUTY EASEMENT _I I~ I L51 264.68 N01.43'04'E II I I NI L52 2L14 N8827'27'V II I I I I I�I I L53 30.00 N01.49.03'E II I I I I K4 L54 ...;.• \\\\\\ III IIII II�I III� nlIII �IIII Jm III III, ._ �III I `I-a4 lI t5 E C.0'� +RAC S8B27'27''E �s6 260 2 N8B'59'39'Vj Z/ L57 42A8 N a Jp 11r L5 38&16 8*10'59W TB L59 137B2 SOI*48'56'V L60 61.48 m9'26'04'ETRAM J!2r2I G.O•C-1' '2 L62 4s3a2 N8e 10'5i v _ 9 L63 25.00 N01'49'03'E II I pLF-' I I I L64 30.00 S88'10'57'E • I II I 1 I I I L65 25.00 N01'49'03'E j I II I I I L66 124.63 N88'10'57'V II I I I �I I I L67 13z12 m1'49.03'V j I II I I I bl L68 13.93 N88.10'37'V I I L69 2750 ml'49'03'V I I II I I I I I I I L70 43.93 N89.03'24'V I jl I INI I I ICI I L72 154.63 N88•I0'57'V N I I II I I mJl I I I I L73 64434 N01'49'03'E 04 283,60 S88.1059'E L73 11.43 S88•ll'16'E L76 12354 m1•48'56'V L77 61AG m9.26'04-E • I II I I JIIII I II B 3 L78 175.41 ml'49'06'V L79 11.97 N88.10'57'V L72 J LBO 30.00 ml•49'03'VI TRACT i2j5 L27 LBl 1L97 S88•t057'Er _ 6 • -IL5L66 L62 - 3 - - - N1O L82 219.49 ml'49'06'V L83 N88.10.57•VL29 LBS 14L64 30O' 2 8.90 WX N88 10'S7'V •�: , i i �i �� t 30' �EMWATER / �/ L86 632.10 N0149'03'E ENT 30' WATER EASEM j I N l I I A JI JI CL ti L70 m I ------------- -�:--I- ----'--'----'---'--------'-' 7'S'C.HACHF' LA.NL' I t -- ' ---_ NLOT W5 R FEAK FiG �FNTER�� II r 5 GE E S� ii ;0VIS10N (✓I IR Lc �' cl0y GRAPIEC SCALE (,14INJON � �UE3�, �D��'�U,�pldl� eo G c B+1�l I 7U fl"I 1 loch- 100 n �• v JgMORRISON WATER, SEWER AND MAIERLE,I.. STORM EASEMENTS E EXHIBIT p CLIENT:LOWE'S HIW. INC n FIELD WORK• DATE:02/23/06 PLOTTED DATE: Feb 24 2006 DRAWING NAME: • DRAWN BY: ROM SCALE:I'-100' c:\o..m em Seltinge\imttlue\Loral SvlOnge\Tamp\BGP t2198\pUE-etliil CHECKED BY:5-R PROJ Q373.003 SHEET-]-OF _L_ • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • • • • P • • Q • • • • • R • • • • I • • • V .� � • • W • • • • i � �._ Note s • Notes • • i �� • �. �� � � � �� � . -� • s Dotes i • v • Development Guidelines • Lowe's Home Improvemer*arehouse PUD Development Guidelines Development Guidelines for Lowe's Home Improvement Warehouse PUD, Bozeman, Montana Introduction The intent of these guidelines is to ensure that a high quality design is maintained within the development of the Lowe's Home Improvement Warehouse (Lowe's) site. Attention shall be paid to the overall planning of the site, in order to optimize the visual aesthetics of the building and site work from the various view corridors around the site. Sensitive and responsible architectural, landscape and signage design will enhance the appearance of the Lowe's building. The Lowe's Planned Unit Development (PUD) is a PUD within the Saccoccia PUD. These Development Guidelines demonstrate planned unit development requirements for the Lowe's site. The Lowe's Site Plan must also adhere to the framework and Development Guidelines of the Saccoccia PUD. • The Lowe's lot shall be used only for retail and wholesale sales associated with Lowe's HIM Inc. including building material/lumber sales, garden center sales and other home improvement sales. Lots 2 and 3 of the PUD shall adhere to uses defined in the Saccoccia PUD Development Guidelines with the addition of medium to high density residential projects allowed in that portion of Lot 3 lying east of the north-south interior access road, with the conditional use approved by the City of Bozeman. Sections of this document that refer to specific uses that comply with the above statement are for illustration purposes only and not for the purpose of further restricting the use of the lot. This project also entails boundary relocation to fit the needs of the Lowe's Planned Unit Development. Similar to the Saccoccia PUD, Lot 1 will remain as the dominant lot, Lot 2 will consist of a smaller lot adjacent to Tschache Lane and Lot 3 will skirt Walton's Stream/Ditch. The Saccoccia PUD was filed without a first phase and it was assumed a boundary relocation would be necessary to secure lot specific tenants. Due to the fact that improvements and a building permit are proposed for the PUD, concurrent construction of improvements in accordance with City of Bozeman Ordinance 1532 is required. 1 Lowe's Home Improvement rehouse PUD Development Guidelines A narrative addressing Ordinance 1532 will be submitted to the City during the site plan approval process. • Site Planning and Phasing Improvements associated with this project include the installation of the north-south access road with boulevard trees adjacent to the Lowe's lot and construction of the "Lowe's Green", an approximate 39,000 SF developed open space sited to offer a pleasant place to stop for the Lowe's customers and employees as well as those of adjacent Bridger Peaks Town Center. Pedestrian trails and a sidewalk system will be installed to create a loop around the entire P.U.D., connecting to adjacent trails, properties and the stream corridor. Landscaping shall be installed concomitant with site plan development. A portion of the detention area shall be developed with this phase as required by site plan design. Per the guidelines set forth in the 1-90 Corridor section of the Design Objective Plan, the buildings and landscaping shall be organized into major groupings to enhance the scale and appearance of the development. Refer to the landscape design guidelines towards the end of this document. • Open Space Allocation Due to its location in the North 19t' Avenue/Oak Street Corridor, this project will be developed as a planned unit development and meet or exceed the respective open space requirements. The Saccoccia PUD acts as an overall open space plan and schematically depicts a minimum of 30% open space for the entire Saccoccia PUD. The Lowe's lot exhibits 3.75 acres open space with 8.21 acres distributed in other areas of the Saccoccia PUD. A portion of the Lowe's open space is distributed throughout the Saccoccia PUD to achieve a larger open space corridor along the Walton's Stream/Ditch and to create a larger buffer from Baxter Lane and Tschache Lane. The Final Site Plan of the Saccoccia PUD demonstrates the ability to obtain 30% open space via greenway, stream setback and other open space areas. owe's Green shall be established as a sanctua for pedestrians, customers and el__pees_ I his area will be landscaped with significant quantities of trees and shrubs to provide shade and cry Bening and will also include pedestrian benches, picnic tables, simple la y structures and 2 Lowe's Home ImprovemoNarehouse PUD Development Guidelines trail/sidewalk connections to the development and adjacent properties. On the proposed • once t Plan, the Green is shown south the of the`Lowe's building adjacent to the garden penter and Tschache Lane.: Community Pedestrian/Bicycle Trail Pedestrian/bike trails are integrated into the Lowe's development and extend into the Saccoccia PUD to create a loop. With this project, a trail located near the Walton Stream will be installed. Other trails and sidewalks include connections to Lowe's three building entries via large landscaped islands in the parking lot and a trail connection from Tschache Lane. Adjacent properties and projects will be connected by these pedestrian ways, including the new Hilton Hotel, Bridger Peaks Town Center and the Bridger Peaks Village to the south. Access The Lowe's PUD is accessed via two public road and two private roads. The public roads include Tschache Lane to the south and Baxter Lane to the north. A private road along the western boundary of the PUD also provides access to the site at points as shown on the concept plan. This private road was installed with the development of the PUD on the property to the west and is located on a mutual access easement. The other private road connects Baxter Lane and Tschache Lane, bisecting the Saccoccia PUD. Building Design Guidelines Building character To ensure continuity within the development, it is important that all buildings be compatible with a consistent architectural character as with the existing Saccoccia PUD Development Guidelines. To achieve this, these guidelines call for building forms, details, materials and colors that are intended to be compatible with, and complimentary to, the North 191h Entryway Corridor. Inspiration is drawn from Bozeman's historic architecture. Often eclectic, the buildings in old Bozeman incorporate architectural styles and features from many sources and eras, 3 Lowe's Home Improvement*house PUD Development Guidelines , allowing for a broad range of design. The city's downtown serves as a vast resource of building styles, materials and color palettes. Many of these buildings incorporate pitch- • roofs, false fronts, entry canopies and unique profiles. Overall, the goal is to create a built environment that is designed to have clear order and comprehensive composition in design, scale, materials, color, detailing and landscaping. The building height restrictions were relaxed to allow for a maximum height of 48 feet in the Saccoccia PUD. This relaxation was supported by the desire to use adjacent buildings and individual building elements to provide contrast and variation against horizontal portions of the buildings and to emphasize entry points. Building massing Considerable thought has been given to the design of the proposed building facades to create interest while softening the scale of the otherwise large building footprint. Per the guidelines in North 19th Corridor section of the Design Objective Plan, these guidelines call for a building design that does not appear to be "standardized," or • "franchise" in style. Articulation of building forms, both horizontally and vertically, have visually reduced the overall scale of the buildings and have added visual interest to the architectural composition. Building elevations are visually designed to be not more than 100' in length, by means of recesses, offsets, angular forms, and/or other features to provide visually interesting facades. Furthermore, the following building elements improve the massing and scale of the building. Exceptions to these guidelines may be granted based on design merit or historical precedent: Roof Rooflines and profiles shall contribute to varied scale and massing. Pitched roof forms echo the mountains surrounding Bozeman while responding to the regional climatic conditions. Buildings in this development shall incorporate pitched roof forms in their appearances. Pitches between 3:12 and 12:12 are considered appropriate. Entire • 4 Lowe's Home Improveme0arehouse PUD Development Guidelines buildings do not need to-be covered'with pitched roofs, but the entrance areas shall be • emphasized in such a manner, as if a. "false front" is applied. Distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines shall also be used in the composition of a building. A y � _' x � y1 " M6 a Q Eaves, soffits and fascias Sloped roof elements should, have a horizontal eave' projection. Sloped roofs may, have either eaves with • exposed rafter tails or enclosed soffits: On major roof E forms, enclosed soffits are preferred. Where exposed tx"t�p -rAl us rafter tails are used, they shall be set back from the Me - roof edge and should be cut square to the roof slope.,; '"eTNL_r'SC4A All roof edges with enclosed soffits shall have a �,�uoseocTs fascia. Fascias are not necessary for roof edges with exposed rafters. j • Gutters, downspouts, snow stops. Gutters on roof edges are permitted and are required to match the roof color at the enclosed soffit conditions, or the wood rafter color when exposed rafters, are used. Exposed downspouts are permitted, but care is to be exercised when composing the building elevations so that they become a part of an integral design. Snow stops shall be used on all sloped metal roof forms where roof,edges are above or near pedestrian I . 5 f Lowe's Home Improvement 46house PUD Development Guidelines i walkways. They need to be unobtrusive in appearance and match the color of the sloped roof. fio EMP�tA5l2� EN fir f t+�(�H'fs aw F r Roof mounted equipment Rooftop mechanical equipment, including but not limited to HVAC units, vents and other major penetrations, shall be screened. Screening shall be provided through the use of raised parapets around the building, or by rooftop screening elements that are consistent with the building's design. Penetrations and all-other exposed elements in sloped roofs • are to be painted to match the roof color. Canopies Canopies shall be used where feasible, to shelter entry doors and give definition to building planes. Sloped canopies, and canopies supported by diagonal rods with wall mounted connector plates are both acceptable. • 6 Lowe's Home Im prove me*arehouse PUD Development Guidelines ^OUP t& Pw41E S�ap� b(A5-,oNA, f COPY /,kmL Ge&Qtory Wigt(, Exterior walls Building walls shall not be longer than 100' without modulating the facade. This can be accomplished by offsetting wall planes, changing wall materials, adding canopies/overhangs/trellises, or as approved for design merit. Changing the roofline to reinforce the fagade modulation is encouraged. Buildings shall have a distinct "base" at the ground level, using different materials, colors or textures to provide distinction. All facades shall be designed with comprehensive composition and clear order, highlighting • entry points, highlighting or screening appropriate building functions, reflecting the building program while respecting important visual perspectives both on site and off site. Storefront windows and doors The sizes, shapes and materials of storefront windows and doors have a significant visual effect on the building elevation design. To complement the development's overall aesthetics, the storefronts shall be made of anodized aluminum with clear insulated- glazing suitable to the local climate. 7 Lowe's Home Improvement*ehouse PUD Development Guidelines 9 Openings may have square or shallow arched tops. Generally arched top openings should be used judiciously to highlight areas of particular importance or to complement . the design composition. Glass above the typical 7' door height is desirable to increase the amount of interior daylight and to reduce the amount of unglazed exterior wall surface. Screening Trash enclosure, as well as ground level equipment such as transformers, satellite dishes, and mechanical equipment, are to be screened from public view through landscaping, fencing or finished walls thatq complement the building design. Materials and colors Much like the historic buildings of Bozeman, the sensitive use of multiple materials is a • desirable approach to creating richness in architectural character. Acceptable materials within the development are EIFS, brick and thin-set veneer brick, metal siding and roofing, precast concrete, colored CMU blocks, stone and simulated stone veneer. It is preferable that these materials be complimentary to the materials and colors as specified below. Earth tone colors with complimentary accents shall be the bases for all color schemes in the P.U.D. The color and material schedules submitted with the Site Plans shall provide inspiration in the design of the buildings for the development. The material and color palettes for individual projects will be judged in terms of their compatibility with the overall character of the development. 8 Lowe's Home I m prove me*arehou se PUD Development Guidelines* Exterior lighting Lighting fixtures used on this development must comply with Section 18.42.150 "Lighting" of the City Uniform Development Code and contribute to the overall style of the development. The light fixtures shall be shielded to prevent direct illumination from falling on adjacent properties. Metal Halide lighting at appropriate levels will enhance the appearance of the buildings and grounds while promoting security. The lantern style light fixture, as depicted in attachment to the Saccoccia PUD Development Guidelines, shall only be used along the interior portions of the development. This fixture type will have meet cutoff requirements while presenting a historical character. The architectural features of the building exterior shall include bell shaped light fixtures. These bell shaped fixtures shall be mounted with "gooseneck" arms. • °G005E NECK`ARM WALL MOUNT BELL SMPED HOOD Pedestrian oriented architecture The P.U.D. concept. plan demonstrates coordination between vehicular and pedestrian circulation. Pedestrian -corridors shall be provided between the phases, parcels, buildings and adjacent properties. The corridors provided for pedestrian circulation within the subdivision shall be enhanced with landscaping and constructed with crosswalks designated with pavers or stamped concrete across vehicular lanes. 9 Lowe's Home Improvementlarehouse PUD Development Guidelines Outdoor recreational areas such as landscaped areas, open spaces, trails and picnic areas shall be provided for the use and enjoyment of employees, customers and the public. Refer to • attached lighting, tree grate, bench and bike rack cut sheets. Landscape Guidelines The landscape design for the Lowe's Planned. Unit Development will comply with the City of Bozeman's Unified Development Ordinance and the landscape requirements as defined by the Saccoccia PUD Development Guidelines. The landscape design contributes significantly to the Baxter Lane and North 19th Avenue corridors. Wide landscape buffers are designed.to tie this development to others in the area and provide comfortable open space for pedestrian circulation. Plant selections submitted with this Site Plan shall provide the development with a sense of unity internally as well as compliment surrounding developments. The design shall provide for seasonal interest, a variety of experiences for center users. The plantings will be combined with berms and swales to create topographical interest where appropriate. • The specific design guidelines as defined below may be altered within the framework of this PUD based on design merit and with the requirement being that the overall concept must be maintained throughout the development and the landscape points must be attained. Landscaping on each lot must meet or exceed the minimum requirements outlined in the zoning ordinance in order to achieve the higher quality of design expected with a PUD. These requirements are outlined in the North 19th Avenue/Oak Street Entryway Corridor Plan, which reflect design intentions for planned unit developments. Due to the project location, this planned unit development must adhere to the Greenway Corridor Landscape Standards. Further, this project will exceed minimum landscape standards, which is expected for large format retail projects. General Landscape Guidelines To reduce or eliminate the dependence, on treated city water, on-site wells will be installed for irrigation purposes in the event that the City of Bozeman can successfully apply for receive 10 Lowe's Home Improvem*arehouse PUD Development Guidelines permit to install irrigation wells in the Bozeman Solvent Site. Larger tree and shrub plantings, • combined with complete irrigation, will be utilized for an immediate landscape impact. At this time, landscaping for the Lowe's PUD will follow the Landscape Plan as shown on the proposed Concept Plan. Landscape improvements will include extensive landscaping throughout the project. Landscaping outside of the Lowe's project will include the Walton's Stream/Ditch trail corridor, landscape groupings at the two access points on Baxter Lane and the three access points on Tschache Lane, and along the southern lot line of Lot 2. Tschache Lane Frontage Important considerations for this area include the requirement of the formal streetscape. This will be provided by the formal arrangement of Black Ash (Fraxinus nigra 'Fall Gold'), or other suitable species, at 50-foot intervals along Tschache Lane. To the inside of this line of trees additional buffering of parking lots will be created by natural, rolling berms planted with groups of Austrian Pine (Pinus nigra), Colorado Spruce (Picea pungens), Thunderchild Flowering Crab (Malus 'Thunderchild'), and Spring Snow Crab (Malus `Spring Snow') or other suitable species. • The yard landscaping points shall be met with groups of large evergreen trees, small ornamental trees and large canopy trees for each 50 lineal feet, in addition to the street trees. Turf grass would be present around these plantings. The plantings and berms present in the greenway create a variety of visual experiences for pathway users. All plantings shall be placed with consideration as to path use and safety, visibility into the parking lot for security personnel, view corridors, terminated vistas, and appropriate screening for the adjacent developments. Plant selection ties to the Bridger Peaks development by repeating the use of . the Black Ash as street trees but creates variety and a unique identity by using Flowering Crabs. Creativity shall be.encouraged in the plantings, and entrance focal points will be created. In these cases, clusters of evergreen and deciduous.shrubs may be used to assist in creating focal point plantings. West Property Line Buffer This buffer strip will utilize berming, trees and shrubs to screen and separate parking and • structures. Planting space is limited due to extensive utilities running along this corridor. Plantings are designed to accommodate these concerns while still providing screening and 11 Lowe's Home Improvement alehouse PUD Development Guidelines separation. This buffer will enhance the visual perception of the development from North 19"' Avenue. Part of the plant palette will be used to carry the planting around the corner to the north • and visually tie this buffer to the Baxter Lane plantings. The landscaping shall tie Tschache Lane and Baxter Lane together and provide accent at the drive connections to the adjoining project and to avoid underground and overhead utilities. Baxter Lane Landscapinq This landscape buffer will enhance visual perspectives of the development from Interstate 90. Baxter Lane will be lined with a formal street tree arrangement of Black Ash (Fraxinus nigra 'Fall Gold') or other suitable species. The large expanse of greenspace will utilize evergreen and deciduous trees and will utilize rolling berms to create a park-like setting. The plant palette may include Austrian Pine (Pinus nigra), Colorado Spruce (Picea pungens), Quaking Aspen (Populus tremuloides), Clump Birch (Betula papyrifera), and Canada Red Cherry (Prunus virginiana 'Canada Red'). The detention area will be designed with an irregular perimeter and be revegetated with native species as described in the General Landscape Guidelines above. For this project, the landscaping along Baxter Lane will include landscaped groupings at the • access points to the Saccoccia PUD. Stream Corridor The steam corridor along the eastern property line will be afforded significant setback and may be further separated from the development by a building access drive. A pathway is planned for this area to allow pedestrian access from the development as well as adjacent properties. Plantings should be limited to native species of trees and shrubs to enhance the riparian nature of the corridor. The planting of native grasses is also encouraged in this area. It is desirable to leave the native grasses unmown thereby enhancing the feel of a natural stream bank community. • 12 Lowe's Home Im prove mergarehouse PUD Development Guidelines Interior Parking Lot • The parking lot layout shall provide for traffic control, shading and pedestrian access. Japanese Tree Lilac (Syringa reticulata), Clump Birch (Betula papyrifera), and Prairie Spire Ash (Fraxinus pennsylvanica `Rugby') are trees that may be utilized in the parking lot islands. Pedestrian Use Areas Pedestrian access shall be provided throughout the development. Concrete walks are to be provided along Baxter Lane and Tschache Lane with lateral extensions into the site. A minimum 6-foot wide pedestrian path shall be provided along the stream to the east. This path shall meet the requirements for city standard natural fines trails.. A primary pedestrian access shall be provided through the site and shall consist of concrete sidewalks and at-grade marked pedestrian crossings connecting on site entry points, 'pedestrian destinations and off site developments.. Building Envelope • The Lowe's building will include plantings to soften and enhance the architecture, sufficiently screen service and utilities .from the street. General locations for these plantings shall be determined through Site Plan Review and shown on a landscape plan. Materials shall include some of the species used in. the overall development, but some variety will be allowed for individual expression and identity. A landscape plan will be required for these pad sites. The landscape design provides a strong unifying element to the overall design of the development. *All plant varieties suggested are to act as a guideline. As new, improved cultivars -are developed variation from the listed varieties will be allowed. Submitted by Shelly Engler, Landscape Architect, Cashman Nursery, December 21, 2004; Modified 5/20/2005 13 Lowe's Home Improvement Oehouse PUD Development Guidelines Signage guidelines • City Staff and Commission shall review the signage for this lot during the Site Plan Review process. All signage within the Lowe's PUD must adhere to the framework of the following signage guidelines; however, each individual signage proposal shall be reviewed independently. The Vision and Intention for this Signage Proposal Proposed signage is designed to be aesthetically superior in form, efficient in function, limited in quantity and non-interruptive. It is the goal to provide signage which is not only completely compatible with the materials used on the complex buildings (e.g. brick, E.I.F.S., 40 year metal for roofing), but to enhance the overall aesthetics of the project. We propose to accomplish this through compatible and complimentary designs, materials, lettering, colors and lighting. Lighting is to be limited, diffused and used only where direction is required or aesthetics persuade. • Proposed Signage will be of Three Categories: Pylons, Wall Signage, and Pad Signage Pylons: A single sign with primary tenant/occupant panels will be the main I.D. for the whole complex. There will be a second, lesser pylon sign with secondary tenant panels and a separate monument sign approximately half the size of the main pylon with secondary tenant panels. The main I.D. sign is shown in attached drawing. The primary pylon and monument will utilize internally illuminated fluorescents to light logo graphics. The pylon and monument will have similar materials, which will match building construction. The upper title cabinets and lower tenant cabinets will be constructed of metal and steel materials, will be painted and provided with lexan faces with 3M vinyl graphics. Internal fluorescents will illuminate the secondary tenant I.D. signs. The support columns will be of brick construction, designed to compliment the buildings in the project. There will be a limited number of smaller non-illuminated entrance directionals placed appropriately for pedestrian and traffic control. A monument type directional may be considered • 14 Lowe's Home Im prove me0arehouse PUD Development Guidelines** should more than one tenant occupy a pad site. These signs will be addressed as needed • during site plan review. Locations of exterior and entryway pylon signs are shown on enclosed map'. Wall and Pad Signage: There are two types of wall signs permitted in this PUD: 1) Primary wall signage will be wall mount, tenant I.D. signage mounted to the individual building walls of the complex. The signs would be custom. fabricated using pan channel individual letters with aluminum returns, back lit with neon, acrylic faces with trim cap and non exposed mounting hardware. Additional options would be custom shaped cabinets fabricated of aluminum painted to match building colors, with acrylic faces and applied 3M translucent vinyl graphics with various colors compatible to the building facade. Lighting would be fluorescent lamps. All tenant copy will be of a contemporary font, with the exception that a registered trade mark or • letter style, logo and colors may be used. 2) Secondary wall signage will be provided to efficiently direct the public. These are.to be Iimited and appropriately placed as projecting wall blade signs. These will be custom fabricated with painted aluminum frames and panels and 3M vinyl graphics to match building colors. 3) All pad signage shall be restricted to wall signage with the exception of the approved pylon signs. All site plans shall submit a wall signage package that must comply with these guidelines and the City of Bozeman signage design regulations. . Signage Summary: Tenants are to be encouraged to be creative .in their use of colors, shapes and graphic applications within the project guidelines and boundaries. Each tenant shall be required to . submit scale drawings with specifications and color artwork for written landlord approval. • HA3373\003\Docs\preapp\Lowe's PUD DevGuide.doc 15 UNIVERSE COLLECVH" UCM BEL(H) DATE • TYPE UCM BEL FIXTURE OPTICS BALLAST COLOR HOOD 1 2 3 4- PAGE 1 OF 2 • • • • • • • • • / / / OPTIONS ARM POLE SEE POLE 5 6 ARM SEc-nON 7 1 OPTICS 4- HOOD FINISH - OPTIONAL ❑ H2 Type 2 horizontal reflector,sag glass lens ❑ COP copper shade ❑ H3 Type 3 horizontal reflector,sag glass lens ❑ STS stainless steel shade ❑ H4 Type 4 horizontal reflector,sag glass lens The natural copper a ainless steel hoods are ❑ H5 Type 5 horizontal reflector,sag glass lens unfinished to elop a patina over time.All hoods for the OAL a R3/GR5 have the underside of the hood finished in 2 BALLASTS high reflectance white. ❑ 50 MH metal halide 120/277 volt ❑ 70 MH metal halide 120/208/240/277 volt F OPTIONS ❑ FTG Flat glass lens instead of standard sag glass ❑ 70 MHT6 70 watt metal halide multitap ballast, 120/277 volt. on reflector models. Uses a G12 base, clear T-6 ceramic MH lamp. ❑ FLD LDL-lightly diffused finish on flat glass lens ❑ 100 MH metal halide 120/208/240/277 volt for reflector models. ❑ 150 MH metal halide 120/208/240/277 volt ❑ HSS House side shield for reflector models. ❑ 150 MHT6 150 watt metal halide multitap ballast, 120/208/240/ ❑ QRS Quartz restrike controller and socket for a 277 volt. Uses a G12 base,clear T-6 ceramic MH lamp. T-4 mini-cand halogen lamp,maximum 150 El175 MH metal halide 1201208/240/277 volt watt,reflector models only. ❑ QL Socket for a T-4 mini-cand halogen lamp ❑ 50 HIPS high pressure sodium 120/277 volt Must be field wired to a separate 120 volt • ❑ 70 HPS high pressure sodium 120/208/240/277 circuit.Max.150 watt,reflector models only. ❑ 100 HPS high pressure sodium 120/208/240/277 ❑ 347 120/240/347 volt ballast for HID lamps. ❑ 150 HPS. high pressure sodium 120/208/240/277 ❑ PMS Pendant mount with 48"/1220mm stem and Use clear,E-17 lamps, medium base lamps(not included). canopy with swivel.The stem and canopy All ballasts are factory wired for 277 volts. are painted as fixture. 3 COLOR ❑ PICK Rock Guard-Reflector units only. ❑ WHT white powder coat finish ❑ EB70 Electronic ballast for 70 watt metal halide lamps.Specify 120 or 277 volt. ❑ BILK black powder coat finish ❑ EB150 Electronic ballast for 150 watt metal halide lamps. ❑ DGN dark green powder coat finish Specify 120 or 277 volt. ❑ DBZ dark bronze powder coat finish ❑ GALV galvanized powder coat finish ❑ VGR verde green powder coat finish ❑ CRT corten powder coat finish ❑ MAL matte aluminum powder coat finish ❑ LGY light grey powder coat finish ❑ ATG antique green powder coat finish ❑ RAL# . ❑ CUSTOM: I'�lGf-lz i1 1-ftlq QUA ❑ OTHER: JOB NAME: Approvals SOLD TO PO# ARCHITECTURAL AREA LIGHTING 14249 Artesia Blvd / La Mirada, CA 90638 714 994.2700 / fax 714 994.0522 / www.aal.net Ref:UCMBEL_H.pdf copyright 2003,design patented UNIVERSE COLLECT14M uGM BEL PAGE 2 OF 2 HOUSING • The fixture ballast housing shall be one piece die cast aluminum. The hoods shall be heavy gage spun aluminum with hemmed edges for added rigidity. All internal and external hardware shall be stainless steel. Reflector models shall consist of a die cast aluminum door frame and ring assembly. The hood ring assembly shall be fully sealed with ..- i;E;:-_;_:_;::-.,,.;.:: a molded silicone gasket. The door frame shall be hinged to the ring ,....-:: 9 9 9 and opened with two captive fasteners for relamping. The tempered sag glass lens is held in the door frame with a molded silicone gasket. Opal acrylic lens - OAL- shall consist of a molded opal acrylic lens and an aluminum frame. Three captive fasteners shall be loosened to turn and remove the lens for relamping. HORIZONTAL REFLECTOR MODELS Glass refractor- GR3/5. A borosilicate glass refractor lens with a DIMENSIONS: 1 6"/405MM x 24"/610MM DIA. type 3 or type 5 distribution shall be attached to an aluminum'frame. IP=65 EPA=1.44* WEIGHT=34LBS. Three captive fasteners shall be loosened to turn and remove the lens for relamping. ,pJ OPTICAL ASSEMBLY The reflector module shall be composed of faceted, semi specular anodized aluminum panels rigidly attached in an aluminum tray.The reflector shall be easily removed by loosening four screws and lifting it z <.`::'•':c. :... out the tray. The reflector tray shall be rotatable on 900 centers for orienting the light distribution. The reflectors shall meet ANSI-IES 4; . er ::;;•...: standards for full cutoff reflector systems. ' ELECTRICAL The ballast shall be mounted on a prewired tray with a quick dis- connect plug and removed by loosening two captive screws. HID bal- lasts are high power factor, rated for-30 F starting. Sockets are medium base, pulse rated porcelain. Ballasts are multi-tap, wired at the factory for 277 volts. OAL MODELS INSTALLATION & MOUNTING DIMENSIONS:1 7/430MM x 24"/61 OMM DIA. The fixture shall be attached to the arm assembly with three stain- IP=65 EPA=1.64 WEIGHT=30LBS. less steel bolts. The connection shall be sealed with a silicone com- pression gasket. The post top - PM -version shall slip over a 47100mm pole or tenon, and be secured with six stainless steel set screws. FINISH Fixture finish consists of a five stage pretreatment regimen with a polymer primer sealer,oven dry off and top coated with a thermoset super TGIC polyester powder'coat finish.The finish shall meet the AAMA 605.2 performance specification which includes passing a 3000 hour salt spray test for corrosion resistance. CERTIFICATION The fixture shall be listed with �L and U.L.for outdoor, w et loca- aw. tion use, UL1598 and Canadian CSA Std. C22.2 NO.250. IP=65 WARRANTY Fixture shall be warranted for three years. Ballast components GR3- GR5 MODELS carry the ballast manufacturer's limited warranty. DIMENSIONS: 1 6"/405MM x 24"/61 OMM DIA. IP=65 EPA=1.64 WEIGHT=30LBS. ARCHITECTURAL AREA . LIGHTING 14249 Artesia Blvd / La Mirada, CA 90638 714 994.2700 / fax 714 994.0522 / www.aal.net Ref:UGMBEL_H.pdf copyright 2DO3•design patented UNIVERSE COLLECIDNT"' UCL BEL(H) DATE TYPE UCL BEL FIXTURE OPTICS BALLAST COLOR HOOD 1 2 3 4 PAGE 1 OF 2 • • • • • • / / OPTIONS ARM POLE SEE POLE 5 6 ARM SECTION 7 OPTICS 4 HOOD FINISH - OPTIONAL ❑ H2 Type 2 horizontal reflector,flat glass lens ❑ COP copper shade ❑ H3 Type 3 horizontal reflector,flat glass lens ❑ STS stainless steel shade ❑ H4 Type 4 horizontal reflector,flat glass lens The natural copper an ainiess steel hoods are ❑ H5 Type 5 horizontal reflector,flat glass lens unfinished to d op a patina over time.All hoods for the OAL and GR 5 have the underside of the hood finished in high 2 BALLASTS ref ance white. ❑ 175 MH metal halide 120/208/240/277 volt fj OPTIONS ❑ 250 MH metal halide 120/208/240/277 volt ❑ FLD LDL-lightly diffused finish on flat glass lens ❑ 400 MH metal halide 120/208/240/277 volt for reflector models. Use clear,ED-28 lamps,mogul base lamps.Use ❑ HSS House side shield for reflector models. ED-28 pin oriented lamps only for the reflector models. Lamps are not Included. ElQRS Quartz restrike controller and socket for a T-4 mini-cand halogen lamp,maximum 150 All ballasts are factory wired for 277 volts. watt,reflector models only. ❑ 150 HPS high pressure sodium 120/208/240/277 ❑ QL Socket for a T-4 mini-cand halogen lamp Must be field wired to a separate 120 volt ❑ 250 HIPS high pressure sodium 120/208/240/277 circuit.Max. 150 watt,reflector models only. . ❑ 400 HPS high pressure sodium 120/208/240/277 ❑ PSB Pulse start ballast for 175MH,25OMH and Use clear, E-18 lamps,mogul base lamps. Lamps are not included. 400MH(120/208/240/277 volt)metal halide All ballasts are factory wired for 277 volts. I amps.175MH lamp is not available for horizontal reflector units. 3 COLOR ❑ 347 120/240/347 volt ballast for HID lamps. ❑ WHT white powder coat finish ❑ PMS Pendant mount with 48°/1220mm stem and ❑.BLK black powder coat finish _ canopy with swivel.The stem and canopy ❑ DGN dark green powder coat finish are painted same as fixture. ❑ DBZ dark bronze powder coat finish ❑ GALV galvanized powder coat finish ❑ VGR verde green powder coat finish ❑ CRT corten powder coat finish ❑ MAL matte aluminum powder coat finish ❑ LGY light grey powder coat finish ❑ ATG antique green powder coat finish ❑ RAL # ❑ CUSTOM: MA41h LEM`S �. JOB NAME: SOLD TO PO# Approvals ARCHITECTURAL AREA - LIGHTING 14249 Artesia Blvd / La Mirada, CA 90638 714 994.27G0 / fax 714 994.0522 /'www.aal.net Ref:UCLBEL_H.pdf copyright 2003,design patented UNIVERSE COLLECTI4M UCL BEL a PAGE 2 OF 2 HOUSING • The fixture ballast housing shall be one piece cast aluminum. The �- hoods shall be heavy gage spun aluminum with hemmed edges for added rigidity. All internal and external hardware shall be stainless steel. Reflector models shall consist of a die cast aluminum door frame , :.:.. and ring assembly. The hood ring assembly shall be fully sealed with - `' - • a molded silicone gasket. The door frame-shall be hinged to the ring and opened with three captive fasteners for relamping. The tempered °°'= '``'''' flat glass lens is held in the door frame with a molded silicone gasket. y 1. Opal acrylic lens- OAL- shall consist of a molded opal acrylic lens and an aluminum frame.Three captive fasteners shall be loosened to turn and remove the lens for relamping. HORIZONTAL REFLECTOR MODELS OPTICAL ASSEMBLY DIMENSIONS: 22"/560mm x 30"1760MM DIA. The reflector module shall be composed of faceted, semi specular I10=65 EPA=3.0 WEIGHT=38LBs. anodized aluminum panels rigidly attached in an aluminum tray.The reflector shall be easily removed by loosening four screws and lifting it out the tray. The reflector tray shall be rotatable on 900 centers for ry orienting the light distribution. The reflectors shall meet ANSI-IES standards for full cutoff reflector systems. ELECTRICAL The ballast shall be mounted on a prewired tray with a quick dis- connect plug and removed by loosening two captive screws. HID bal- lasts are high power factor, rated for-30OF starting. Sockets are mogul base, pulse rated porcelain. Ballasts are multi-tap, wired at the factory for 277 volts. INSTALLATION & MOUNTING '^ '= .: <; 4 fixture shall be attached to the arm assembly with three stain:::.....:..... .:....:.......�..:.-,..v..:...-u_��:;� �.=:•:�:��.::::.. The f u s a y • less steel bolts. The connection shall be sealed with a silicone com- pression gasket. OAL MODELS The post top - PM -version shall slip over a 47100mm pole or DIMENSIONS: 25"/635MM x 30"/760MM DIA. tenon, and be secured with six stainless steel set screws.. IP=65 EPA=3.0 WEIGHT=38LBs. FINISH Fixture finish consists of a five stage pretreatment regimen with a polymer primer sealer, oven dry off and top coated with a thermoset super TGIC polyester powder coat finish. The finish shall meet the AAMA 605.2 performance specification which includes passing a 3000 hour salt spray test for corrosion resistance. CERTIFICATION The fixture shall be listed with ETL and U.L.for outdoor, wet loca- tion use, UL1598 and Canadian CSA Std. C22.2 No.250. IP=65 WARRANTY Fixture shall be warranted for three years. Ballast components . carry the ballast manufacturer's limited warranty. ARCHITECTURAL AREA LIGHTING • 14249 Artesia Blvd / La Mirada, CA 90638 714 994.2700 / fax 714 994.0522 / www.aal.net Ref:UCLBEL_H.pdf copyright 2003,design patented 1. U _ J Iri -1 r _ J �- 1. _] rr 1 11 1 Ir I � I I ,4 I 'L-� r- �' -7 rrl 1 lL. . ....... � 1 2-2"x 6"Lintel,2'spacing Detail A 2 3 +. N + '++• N •� ' - -F 4"x 4"knee brace N Dapped 1"each side 4 2- 1 OM throu\bolts 2-2"x 6"Lintel N Detail A notes: 1 -Outer 2"x 6"lintels dapped 1 Om galvanised through bolt 2'3 0" 4"x 4"Knee brace c 1'x 6"&mitred end. 2-Inner 2' x 6 lintels dapped V x5 & ,t 6"x 6"Post knotched together half depth,square end. 3-6"x 6"post dapped 1'x 6"all round at top. 6"x 6"post knotched 4-4 x IOM lagscrews outer faces,2 x IOM 1"for knee brace Lagscrews inner faces. DETAIL 'A' IT-0" Li POST& LINTEL CONNECTION ELEVATION TYPICAL ELEVATION KNEE BRACE DETAIL 1-3/4- 6"x 6"support post V, 1/4"stecl plate Ridge: 2-2"x 6" (see 2" Prime coated bolted together. Anchor bracket 6�� 3/4 separate detail) 3" {— 1-1/4" t- - 12"dia conc.pier 20 Mpa 3/4 5„ � 2" 4 Lintel:2-2"x 6" minimum,to suitable ' Punch for voFesstp J "• bearing.Depth to 5/8..bolts ti4�0 2"x 6"@ 24"c/c • extend below local 6 places , y joists with bird's mouth / frost line. &hurricane clip PIER CONNECTION BRACKET KA P.HOWDAY a I connection to lintel (typical) � Ra 200 '`o tP ROOF FRAMING PLAN POST & ANCHOR DETAIL ' �-LiMESTONETR ECHOE 12 - CONSTRUCTION DETAILS r r :A IT] Limestone Trail Company Limited 4696 Christie.Drive._Beamsville Ontario LOR IB4 Prepared by K.A. Holliday P.Eng. Drg# Rev 1 EI2/CD Cm ir �r I'm ;� I I. Li -_ 1 7 ate: j f _(T' j tj .. ■ - I ' I� i