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HomeMy WebLinkAbout638300224539361385) • CanneryFinal ; 4` 101 E. •_ Rouse Partners, • • te yam` r Y f_` 0ZEMq •' 0 ti 'i • RNAL PLAN � CANNERY ? z D I S T R I C ZEPT. REVIEwED &APPROVED- 37 O OF AA TY DEVELOPMENT .3 c c� CIDfy0 O 3 DATE 0 Final Planned Unit CL veLopmentApplication CD O 0. O NW .(D > Cannery District Partners, llc wA. vow y��\NEEA/y ESL STAHLY ® DESIGN.5 • �gociat\S` landscape architecture Comma-Q Architecture POP JLOW cps !1A 0; eo Gws;u mllpon+ bLIOL ML'freL:, c9bbLO 91 of jpsn bjqu2 c,;uq'%OL {1 IAO INODILICVilOVI rr 41C C7 �wrw � m o IM n cr Q } Ve- rbatilm 'rt Project File Checklist: Extra Copies on Shelf # of 11x17 sets # of 2436 sets Extra CD to Jessica Noticing Envelopes on Shelf Notes: i 2596581 Page: 1 or 2 10/24/2017 03:46:30 PM Fee: $1µ.0o MT do CDP M agem nt,LLCCannery District Partners, L� f 111111113111111111111161111111 IN 111�,,111111111 I���I� M=sc 113 East Oak,Suite 4A Bozeman,MT 59715 NOTICE OF ANNEXATION LOT N,LOT O AND COMMON OPEN SPACE 4 OF THE AMENDED SUBDIVISION PLAT C-41-M PHASE IV CANNERY DISTRICT Notice is hereby given to all and specifically to the: City of Bozeman City of Bozeman Dept.of Community Development Attn: City Manager 20 East Olive Street 121 North Rouse Avenue Bozeman,MT 59715 Bozeman,MT 59715 That Lot N,Lot O, and Common Open Space 4 of the Amended Subdivision Plat C-41-M located.in the NW 1/4 and the SW 1/4 of Section 6,Township 2S,Range 6E,PMM Gallatin County,MT(Document#2556364)(the"Property")has been annexed to the City of Bozeman pursuant to the Annexation District Agreement for the Cannery District Property(the "Agreement")(Document#2518673 of the records of the Gallatin County Clerk and Recorder): The Property is also referred to as Phase 4 of the Cannery District Master Site Plan. On October 4;2017,the City of Bozeman's Department of Community Development approved a site plan for construction of Building N(application#17309). Pursuant to the Agreement,annexation of Tract 1 of COS 2877 is self-operating and was effective upon the issuance of the-approval of site plan for Building N,and the Property is no longer part of the Cannery Annexation District. C s "et Partners,LLC by: DP M agement,LLC,Manager by: : Date: fo 13 d B r ,Manager i V 2596581—Page-2-of'2-1'0/24/2017-03 46:30-PM State of Montana ) ss. County of Gallatin ) This instrument was acknowledged before me on OC�iQ�3Q5C ` ,2017 by Barry L. Brown as Managers of CDP Management,LLC,a Montana Limited Liability Company,the Manager of Cannery District Partners LLC_a tana Limited Liability Company. KATNEFFEt••.tE MASNES NotaryPublle y�:NOTAR(q�%Ni for the state of Montana - Residing at: S >a .SEAL. *7 Belgrade,Montana f0 Commission Ex ires: y July 22,2020p Printed Name cam TakIR6%, i Yvya•„aa,o — — NOTARY PUBLIC for the State of Montana City of Bozeman A owledged by: o�r Date: Dennis Taylor,Interim City Manager This instrument was acknowledged before me on Oct Y- (�? ,2017 by Dennis Taylor, Interim City Manager for the City of Bozeman,Montana, Printed Name: BRENDA SWEENEY r�apa SW� 'A Notary Qyeuc NOTARY PUBLIC for the State of Mo tana �s .Np'(AR(gj for the State of Montana Residing at: SEAL.- Bozeman,Montana My Commission Expires. Oeoember02;2018 Return to: City of Bozeman Department of Community Development 20 East Olive Street Bozeman,MT 59715 ANNEXATION DISTRICT AGREEMENT FOR CANNERY DISTRICT PROPERTY This Annexation District Agreement("Agreement") is made XL- , 2015,by CANNERY DISTRICT PARTNERS, LLC, a Montana limited liability compan , 1006 West Main Street, Bozeman, Montana 59715 (the "Landowner"), and the CITY OF BOZEMAN, a municipal corporation and self- governing political subdivision of the State of Montana, City Hall, 121 North Rouse Avenue, Bozeman, Montana 59715 (the"City"). Landowner and the City are sometimes referred to herein collectively as the "Parties"and individually as a"Party." RECITALS A. Landowner is the owner in fee of contiguous parcels of real property (collectively, the "Cannery District" or the "Project") situated both in the City of Bozeman and in Gallatin County, Montana, legally described as follows: In Gallatin County: Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land being Tract 1 and Tract 2 of Correction COS 2128B, and the parcel known as COS 2548, all located within the SW'/4 of Section 6, Township 2 South, Range 6 East, P.M.M, Gallatin County,Montana. In the City of Bozeman: Lots 1,2,and 3 of Amended Subdivision Plat ,a tract of land being Tract 3-A of COS 2128B, and portions of Block 2 and Block 3 of the Imes Addition to Bozeman that lie North of Plats C-41-D and C-41-K which are considered East Oak Street, located within the SW'/ of Section 6,Township 2 South,Range 6 East,P.M.M,City of Bozeman,Gallatin County,Montana. B. Existing buildings in the Cannery District, located on Project property in Gallatin County situated outside of the present City limits, have been connected to City water and sewer services, and Landowner and its predecessors-in-interest have paid rates for those services.The Parties have been unable to locate agreements or other documentation of the historical provision and use of such services within the Cannery District,but the Parties believe the date of commencement was as early as the 1920s. C. Landowner desires to develop the Cannery District by restoring and renovating existing buildings and structures, constructing new buildings, and constructing the infrastructure and other improvements necessary to serve the Project.Landowner intends to develop the Cannery District in i AICNEXATIGN DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 1 i i . 1 phases in accordance with a comprehensive development plan using a planned unit development ("PUD")to allow for flexibility in Project development and in repurposing of the former industrial site.The phases will correspond to the following tracts of land: "Phase 1": Tract 2 of COS 2877; "Phase 2": Lots 1,2,and 3 of Amended Subdivision Plat ; "Phase 3": Tract 3 of COS 2877;and "Phase 4": Tract 1 of COS 2877. D. Landowner desires that those portions of the Cannery District presently lying outside the City limits—Phases 1, 3, and 4—ultimately be annexed into the City. Prior to annexation, however, Landowner wishes to refurbish existing buildings and structures located within Phase 1 and complete infrastructure improvements to serve those buildings and future development pursuant to plans approved by Gallatin County.Landowner intends,contemplating receipt of City services and eventual annexation, to build the infrastructure improvements in compliance with established City standards. Landowner further desires to work cooperatively with the City of Bozeman to plan for eventual development of Phases 3 and 4 prior to construction of buildings requiring City water and sewer services occurring in those phases,and,upon submission and approval of a final site plan for any newly-constructed building requiring City water and sewer services, complete the annexation process for the entire Phase within which the new building is located. E. Annexation of Phases 1, 3, and 4 is consistent with City goals and policies as expressed in Commission Resolution No.4400.The Landowner desires and the City is amenable to annexing the Phases 1,3,and 4 in stages. F. The Parties have determined that it is in the best interests of the City and Landowner, and that it will further the public health, safety and welfare of the community, to create an annexation district ("Annexation District"), pursuant to the provisions of Montana Code Annotated §7-2-4625 and Title 7,Chpt. 2,Part 46,MCA, for the purpose of facilitating the staged annexation of Phases 1, 3, and 4 into the City and the ongoing and future provision of City services. G. The Parties desire to (i) establish the term of the Annexation District; (ii)provide for the riming of annexation; (iii)provide for the provision of certain City services to the Cannery District during the term of the Annexation District; (iv) allow for design, review, and approval of a PUD for the Annexation District lands during the Annexation District term; and (v) provide for the payment of costs and fees associated with both the provision of City services and annexation,all as set forth in this Agreement. H. The Parties recognize the portion of the Cannery District lying outside the City is not currently served by City fire service nor is this portion of the Cannery District within an established Fire District or Fire Service Area. I. The Parties recognize state or local law,including land use regulations related to planning, zoning, and subdivision, the provision of utilities, taxes and assessments, etc. may change during the term of the Annexation District and this Agreement and which have not been contemplated by the Parries. It is the intent of the Parties to comply with such changes in law and that nothing herein may be construed so as to restrict the application of such changes to the development of the Cannery District and the Annexation District. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 2 iI AGREEMENT The Parties,intending to be legally bound,agree as follows: 1. Creation of Annexation District; Effective Date. Pursuant to the provisions of Montana Code Annotated §7-2-4625,Landowner has filed file a petition with the City of Bozeman,Department of Community Development,consenting to future annexation pursuant to this Agreement and seeking to create the Annexation District consisting of all lands comprising Phases 1, 3, and 4 of the Cannery District. A copy of this unsigned Agreement was attached to the Petition. The effective date ("Effective Date") of this Agreement shall be the date upon which the Bozeman City Commission finally adopts a resolution creating the Annexation District and authorizes execution of this Agreement. 2. Term of Annexation District. The term ("Tenn") of the Annexation District shall be (7) years. Unless sooner annexed as provided herein, and notwithstanding any other provision of this Agreement, all of the lands comprising Phases 1, 3, and 4 of the Cannery District shall be deemed conclusively annexed into the City of Bozeman upon expiration of the Term. The Annexation District shall dissolve upon the earlier of(i) expiration of the Tenn; or(ii) annexation into the City of all lands within the Annexation District pursuant to the provisions of Section 3 of this Agreement. 3. Provisions for Timing of Annexation;Notice of Annexation. Each of the Phases 1, 3,and 4 shall be governed by the following criteria set forth in this Section for annexation into the corporate limits of the City of Bozeman. (a) Phase 1. The lands in Phase 1 shall be annexed into the City on the earlier of the following dates: (i) No later than one(1) year after the date when all of the,presently existing Buildings in Phase 1, designated as Buildings E, F, G, and H on the attached Exhibit A, have been restored and renovated by Landowner (or by its successors, should Landowner convey an existing building or space prior to renovation), and subsequent to restoration and renovation, ninety-five percent (95%) of the rentable space therein has either been leased and occupied by Landowner's tenants or sold to third parties unrelated to Landowner;or (ii) The date that is five(5)years measured from the Effective Date. Landowner shall provide the City a written rent roll summary each calendar quarter after the date of this Agreement and until Phase 1 is annexed showing the status of the lease and occupation of each rentable space within Phase 1. For a sale, Landowner shall provide the City written notice of such sale no later than thirty(30)days after closing the sale. If construction activities to renovate and restore existing building(s) and structures in Phase 1 are underway at the time Phase 1 is annexed into the City, Landowner shall have the right to complete such renovation without the necessity of applying for City development approval, plan approval, building permits or other similar City approvals; provided that Landowner is in compliance with all applicable building codes and State of Montana issued building permits and all Gallatin County planning and zoning requirements. If a PUD has been approved by the City, such renovation must also be consistent with the approved PUD. The ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015)...........................................................................PAGE 3 a City and Landowner agree to work cooperatively to complete all necessary inspections to certify the renovated building(s)for occupancy. (b) Phases 3 and 4. The lands in Phases 3 and 4 shall be annexed separately into the City prior to commencement of construction of the first building within a Phase requiring connection to City water or sewer services. The trigger date for annexation of the affected Phase shall be the date that the City either approves a final site plan or issues a building permit(whichever is earlier)for the building.Annexation shall not be triggered by(i)Landowner's realignment of lot boundaries in a manner exempt from subdivision review or(ii)Landowner's construction in Phases 3 or 4 of utility lines, parking areas, internal roadways, driveways, walkways, lighting, and other infrastructure improvements or construction and use of temporary or permanent structures (not requiring water and sewer services) for construction staging, equipment storage,housing of utilities or similar purposes. (c) Annexation to be Self-Operating; Notices. Annexation of Phases 1, 3, and 4 under this Agreement shall be self-operating. Immediately upon any Project Phase meeting the criteria for annexation set forth in this Section 3, and in any case no later than the expiration of the Term, such Phase shall be deemed conclusively annexed to the City, Upon annexation the annexed land shall no longer be part of the Annexation District,all City services available to owners and lands within the City limits shall be available to owner(s) of the annexed land; and all duties and obligations applicable to property located within the City shall be applicable to annexed lands. Notwithstanding the requirement in Subparagraph 3(a) to provide written notice to the City regarding lease or sale of portions of buildings within Phase 1, Landowner shall promptly give notice of annexation to the City no later than thirty(30)days after the existing Buildings in Phase 1 have been renovated and leased or sold as provided in Subparagraph 3(a)(i)prior to the date set forth in Subparagraph 3(a)(ii). Otherwise, either Party may give other Party notice of annexation of a Phase. Notices of annexation shall be given as provided in Section 11 and in a fonn suitable for recording in the Gallatin County records Costs of recording such notices of annexation shall be borne by the Landowner or its successors in interest. 4. Zoning. Within thirty'(30) days after the petition for creation of the Annexation District has been filed, Landowner shall submit an application, on forms prescribed by the City's Department of Community Development, together with all required application fees and required materials, for a zone map amendment designating the entirety of the Cannery District Property as zone B-2 (Community Business District). Upon receipt of a completed application and all required submissions, the City will process the application in accordance with its usual procedures, and it agrees,to the extent permitted under applicable law,to coordinate the zone map amendment review with the processes involved in consideration of Landowner's petition to create the Annexation District and Landowner's pending application for preliminary PUD approval in an effort to avoid duplicative procedures and undue delay.The Parties acknowledge that any City zoning designation for the Annexation District property shall apply to each Phase only upon annexation. Landowner recognizes the City's right to legislatively amend zoning regulations,designations, and districts and that any such legislative changes may affect Landowners property and development upon such property. In addition,nothing herein shall constitute a guarantee or promise the City will approve B-2 zoning or grant preliminary PUD approval. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 4 i • 5. City Services and Payments Pending Annexation/Annual Fee. During the Tenn of this Agreement, the City will provide to the properties located within the Annexation District the services specified in.this Section. The City's continued provision of each of the services shall be subject to the conditions provided herein, including Landowner's, or its successors in interest's, obligation to pay fees or rates for such services and the annual fee as defined herein. (a) Fire Protection and Inspection. (i) Provision of Fire Protection.The City agrees to provide during the Tenn fire protection services to all property within the Annexation District, including the existing buildings situated in Phase 1. (ii) Inspections/Information. As a condition of the City providing fire protection, Landowner consents and agrees to Bozeman Fire Department inspectors conducting periodic fire inspections of the Phase 1 existing buildings. The Parties acknowledge that Landowner presently intends to replace the fire suppression systems in the Phase 1 existing buildings to be renovated,beginning with the system in the four-story Cannery Building (designated Building E, on the attached Exhibit A). In addition to periodic inspections, the City agrees to conduct timely periodic fire inspections during installation of the new suppression systems to identify any deficiencies or code noncompliance. Landowner agrees to take corrective action for deficiencies or noncompliance identified as a result of those inspections. During construction activities in Phase 1,Landowner must provide the City with copies of all State building permits, inspection reports, notices of corrective action, approved building plans,and any other information the City may reasonably require from time to time to assist it in the provision of fire service. (iii) Commencement of Services. Fire protection and inspection services, and Landowner's obligation to pay the annual fee as described below, shall commence on the Effective Date of this Agreement. (iv) Fireworks. Landowner shall comply with Chapter 18,Article 5,BMC regarding the use of fireworks. (b) Water, Sewer and Stornawater. (i) Water and Sewer Services. The Parties acknowledge that the City has historically furnished to Landowner and its predecessors-in-interest water and sewer services for the land, buildings, and improvements that comprise Phase 1. The City agrees to continue to provide water and sewer services to serve Phase I's existing buildings and lands subject to the provisions of this Agreement and the City's right to discontinue service for non-payment of fees for services. Landowner, its lessees, renters, or their successors in interest shall pay all sewer and water utility fees. (ii) Water and Sewer Infrastructure. During the Tern, Landowner plans to upgrade, replace, and/or install, at its expense, water and sewer infrastructure to serve all planned uses of the Cannery District. Landowner agrees that all such water and sewer infrastructure in the Project will be built in accordance with the version of the City of Bozeman's Modifications to the Montana Public Works Standard Specifications and ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 5 the City of Bozeman Design Standards and Specifications in effect at the time of such work. The City will accept ownership and maintenance of such infrastructure situated within easements granted to the City by Landowner, except service lines for buildings and other improvements,provided the City determines,in its reasonable discretion,that the following conditions have been met: • The City has received certification by a licensed professional engineer, at Landowner's expense, that water and sewer infrastructure to be granted to and maintained by the City has been built in compliance with then-current City standards as described above; • Landowner has furnished the City with record drawings of the water and sewer infrastructure; • Landowner provides the City, in a form acceptable to the City Attorney, and to be effective on the date the City accepts the sewer and water infrastructure: o A two-year warranty guaranteeing the work is free from defects of materials and workmanship and promising to promptly repair all faults of such work at no expense to the City; o A maintenance bond naming the City as an obligee and equal to 20% of the actual costs of the improvements so the City may, if necessary, correct any deficiencies in workmanship and/or materials which are found within the two- year warranty period; and o A signed certification of completion and acceptance;and • The City has been given notice of commencement of water and sewer infrastructure improvements to the Project,and it has had opportunity to inspect construction and determine whether the improvements have been installed in compliance with City standards,and,if not,Landowner has made all corrections required by the City. (iii) Water and Sewer Easements. Landowner has granted to the City a Sewer and Water Pipeline and Access Easement and Agreement (the "Easement") dated February 27, 2015 and recorded March 27, 2015 as Document number 2507158 in the records of the Gallatin County Clerk and Recorder. The Parties understand and acknowledge that the Easement and the water and sewer infrastructure to be upgraded or installed therein are intended by the Landowner to supersede all existing City water and sewer easements and infrastructure located within the Cannery District lands, including such infrastructure that may present within and under platted streets and alleys located within the Cannery District's boundaries, except for an existing City water main located within the"Oak Street"created by City Ordinance No. 575 and an existing City water easement described in a document recorded in Film 186, Page 3058, records of Gallatin County, Montana. To abandon such existing easements no longer necessary that may be present under platted streets and alleys within the Cannery District, Landowner must petition the City for vacation of streets, alleys and such sewer and water lines. (iv) Fees Pending Annexation. Landowner shall pay rates for water and sewer services in accordance with the City's then-current rate schedule, as the same may be amended from time to time. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 6 (v) Stormwater. In addition to the requirement of Paragraph 10(b),Landowner shall design and install stormwater facilities for the Annexation District in compliance with all City standards regarding stonmwater retention and treatment pursuant to Chpt. 40, Art. 4, BMC, and the City of Bozeman Design Standards and Specifications in effect at the time of such work.Landowner shall install the stormwater facilities at such times as are dictated by the orderly course of development of the Annexation District property. (c) Development Review. (i) Provision of Development Review Set-vices. The City agrees to provide Landowner, during the Tenn,development review services for property lying within the Annexation District. Such review shall be applied for and conducted in accordance with procedures set out in the Uniform Development Code of the City of Bozeman ("UDC") and other applicable law. Landowner shall instigate all such review by making proper application to City department having jurisdiction over the review process sought. Development review may include,without limitation: • Consideration of one or more applications for exemption from subdivision review, including review of proposed boundary realignments of legal tracts within the Cannery District. The City acknowledges that Landowner may, during the Tenn, make joint applications to the City and Gallatin County to realign boundaries between the tracts located in the City and those presently located in Gallatin County outside of the City limits; • Concept, preliminary, and final plan review of a PUD for property within the Cannery District; • Zoning review, including (i) application(s) for zone map amendment and (ii) zoning-related applications and review made and conducted in conjunction with the PUD review process;and • Plan review for new construction of buildings in Phases 3 and 4. (ii) Review of PUD. The Parties acknowledge that it is Landowner's present intent and plan to develop the Cannery District,including all of the Annexation District lands,as a PUD under Article 20 of the UDC and that Landowner may submit application(s)to the City seeking final approval for such PUD during the Tenn and prior to annexation. Upon preliminary approval of a PUD for one or more Project phases, the City agrees that it will make a determination as to whether it has jurisdiction to approve a final PUD prior to annexation of the affected lands without the approval of Gallatin County officials. If, in the opinion of the City's legal counsel, the City lacks such power, and provided that the Landowner is diligently proceeding to meet all conditions set forth in the City's approved preliminary PUD, the City agrees that it will cooperate with Landowner and Gallatin County to coordinate any plan review necessary to obtain any necessary approvals from Gallatin County. (iii) Fees. Landowner shall pay fees for the City's development review services in accordance with the City's then-current fee schedule, as the same may be amended from time to time. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015)................:..........................................................PAGE 7 • • (d) Annual fees. Landowner shall pay the City $6,500 per year for city services provided to the Annexation District pursuant to this Agreement and said fee shall be in addition to utility fees for sewer and water service and fees for development review services. Commensurate with execution of this Agreement,Landowner shall pay the City the initial fee of$6,500.00 per year prorated for the remainder of the City's current fiscal year.Payment of the initial fee is a condition precedent to execution of this Agreement. The annual fee shall be allocated to the Project's phases in accordance with the following percentages: Phase 1 -95.0%;Phase 3 -2.5%; and Phase 4-2.5%.The City may increase the fee for such services annually by an amount commensurate with increases allocated to such services in the City's general mill levy. Upon annexation of a phase, the annual fee shall be reduced by the percentage of the fee allocated to that phase. For all payments due after the initial fee described above, beginning with the City's fiscal year 2016 on July 1, 2015, the City shall invoice Landowner for the fee amount, and the invoice shall be due and payable thirty(30) days after receipt. If Landowner fails to pay the annual fee in full on or before the due date,the City may collect unpaid portions of the fee in the same manner that it collects delinquent taxes and fees for properties within its corporate limits,including the right to lien lands then situated within the Annexation District. 6. Phase 1 Renovation and Restoration Prior to Annexation. Landowner shall have the right, during the Term of this Agreement and prior to annexation, to rehabilitate, renovate, remodel, occupy,submit to a condominium regime,lease,or sell existing buildings and structures or portions thereof in Phase 1.Refurbishment and other construction activities shall proceed in accordance with rules and requirements of Gallatin County and the Montana Building Codes Bureau. All required inspections of the work completed on existing buildings and structures during the Term shall be completed by a building inspector(s) employed or approved by the Building Codes Bureau, except that the Bozeman Fire Department may conduct fire inspections during construction pursuant to the provisions of Subparagraph 5(a)(ii). Landowner may also during the Term construct infrastructure and common area improvements reasonably required to serve the existing buildings, provided that such infrastructure and improvements are completed in conformance with PUD plans Landowner has submitted to the City for consideration and approval.The Parties acknowledge that the existing Phase 1 buildings and structures will undergo substantial rehabilitation,renovation,and remodeling prior to annexation. Such work may result in significant changes to existing structures, including substantial modification of existing building footprints, increases in interior space, and addition of floors, balconies, decks, patios, and entryways. The Parties agree that notwithstanding such changes, the refurbished buildings will continue to be "existing buildings" for the purpose of construing the provisions of this Agreement. 7. Impact Fees. (a) Calculation and Payment.. Landowner or its successors-in-interest, as the case may be, shall pay impact fees as provided in this Section. (i) Transportation. Transportation impact fees shall be paid as required by Section 2.06.1640, Bozeman Municipal Code ("BMC"). The amount of transportation impact fees to be paid,if any,shall be calculated based on the provisions of the BMC in effect at the time an application for development approval, in one of the forms specified in Section 2.06.1640.A.1,BMC is submitted to the City. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 8 (ii) Fire Protection/EMS. For the provision of fire service and emergency medical service to the existing buildings in Phase 1, Landowner shall pay a fire protection and emergency medical service impact fee (under Section 2.06.1650, BMC) in the amount of $19,776.00 (nineteen thousand seven hundred seventy six dollars) in the manner provided in this Subparagraph. Fifty percent (50%) of this amount shall be due and payable at the time of execution of this Agreement; the remaining fifty percent (50%) shall be due and payable upon annexation of Phase 1. Landowner's future responsibility for fire protection and emergency medical service impact fees in all phases of the Project shall be as provided in Subparagraph 7(a)(vi)below. (iii) Water. Water impact fees shall be paid as required by Section 2.06.1660, BMC, after annexation and prior to obtaining a permit for future construction in the Cannery District requiring connection(or expansion of or additions to structures having existing approved connection)to the City water system.The amount of impact fees,if any,to be paid for connection of new buildings to the city's water services the,shall be calculated based on the provisions of the BMC in effect at the time of application for a permit to connect.No water impact fees shall be due for Phase 1 existing buildings at the time of annexation as those buildings have received and paid for City water services. Landowner's future responsibility for water impact fees,if any,shall be as provided for in Subparagraph 7(a)(vi),below. (iv) Wastewater. Wastewater impact fees shall be paid as required by Section 2.06.1670, BMC, as amended, after annexation and prior to obtaining a permit for future construction in the Cannery District requiring connection (or expansion of or additions to structures having existing approved connection) to the City wastewater system. The arnount of impact fees, if any, to be paid for connection of new buildings to the cty's wastewater services,shall be calculated based on the provisions of the BMC in effect at the time of application for a permit to connect.No wastewater impact fees shall be due for Phase 1 existing buildings at the time of annexation as those buildings have received and paid for City wastewater services. Landowner's future responsibility for wastewater impact fees, if any, shall be as provided for in Subparagraph 7(a)(vi), below. (v) Credits, Exemptions. Nothing in this Agreement shall construed to abridge Landowner's right, under Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code, to apply for, claim, or assert credits against or exemptions from imposition of impact fees. (vi) Impact Fees after Annexation. Nothing herein shall be construed to negate the City's authority to require the payment of impact fees for properties located within the Cannery District should, after annexation and after completion of construction and improvements underway on the annexed property at the time of annexation, development occur on annexed property in a manner requiring payment of impact fees pursuant to Chapter 2,Article 6,Division 9 of the Bozeman Municipal Code. (b) Project Related Improvements. Landowner understands and agrees that any improvements, whether on-site or off-site, necessary to provide connection of the Cannery District to municipal services and which are wholly attributable to the property as reasonably determined by the City are "project related improvements" as defined in Section 2.06.1630.A.14,BMC,as amended,and as such,are not eligible for impact fee credits. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015)...........................................................................PAGE 9 (c) Remedies for Non-Payment of Impact Fees. If Landowner or its successors, as the case may be,fails to pay properly assessed impact fees when due and payable,and should such default not be remedied or corrected within thirty(30)days after written notice by City to Landowner of such default,City may at its option: (i) Declare the amounts owing for impact fees immediately due and payable and City shall have the right to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises;or (ii) Elect any other remedy available to City under the laws of the State of Montana. 8. Water Rights; Cash-In-Lieu. Landowner shall make a payment-in-lieu of water rights, or shall make a transfer of one or more legally and physically adequate water rights acceptable to the City, for Project Phases 2, 3, and 4 as required by the provisions of Section 38.23.180,BMC.. The water rights or required payment-in-lieu shall be determined and made in accordance with the provisions of Section 38.23.180, BMC, and City of Bozeman Administrative Order 2013-07. Landowner and the City agree that no transfer of water rights or payment-in-lieu shall be required of Landowner with respect to Project Phase 1 and its existing buildings, it being recognized that (x)Phase 1 has been served by City water for many decades and its owners have paid rates therefore;(y) as to the use of City water, the Phase 1 buildings are not a new development necessitating the acquisition of new water rights; and(z)and the City's existing water rights have historically been and continue to be sufficient to serve Phase 1 and its existing buildings. Nothing herein, however, shall be construed to negate the City's authority to require the provision of water rights or cash-in-lieu for additional development occurring on Phase 1 after annexation (except for additional development of the existing buildings) if such development would require the provision of water rights or payment of cash-in-lieu. 9. Extension of Services Plan/Services upon Annexation. The Parties intend that the provisions of this Agreement satisfy the requirements of an extension of services plan under the provisions of Section 7-2-4610,Montana Code Annotated.Upon annexation,the City shall provide the following customary city services to the annexed property: continued fire suppression, police and law enforcement, general administrative services, storm water drainage, streets, parks and recreation, solid waste disposal,and continued sewer and water services. 10. Requirements to be Completed Prior to Annexation of any Phase. (a) Comprehensive Water and Water Design Report. Prior to annexation of any Project phase, the City may require Landowner to have prepared by a professional engineer,at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the phase pending annexation. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the Project. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to the water or wastewater system are necessary, Landowner, at its expense, shall complete the necessary system improvements to serve the proposed phase prior to annexation. (b) Stormwater Master Plan. Landowner understands and agrees that a stormwater master plan for the Cannery District for a system designed to remove solids, oils, grease, and other ANNEXATIGN DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 10 • • pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. Such plan,if required, must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details,basin sizing calculations, and stormwater maintenance plan. (c) Waiver of Riglzt.-to-Protest Special bnprovenlent Districts.Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts (SID) for the maintenance of any parks within the annexed area and/or of a City wide park maintenance district. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of maintenance costs for such parks.The waiver is attached hereto as Exhibit B and is hereby incorporated into and made a part of this Agreement. In addition, Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements, including but not limited to paving, curb/gutter, sidewalk and storm drainage facilities for Oak Street and for intersection improvements to the intersection of Oak Street and North 7 h Avenue (attached hereto as Exhibit Q. Landowner agrees that if the above SIDs are not utilized for the purposes described in this Paragraph, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share,proportionate basis as determined by square footage of property, taxable valuation of the property,traffic contribution from the development or a combination thereof. (d) Standard of Facility Installation. Notwithstanding any other provision of this Agreement, the Landowner shall be responsible for installing all facilities required to provide municipal services to the Cannery District in accordance with this Agreement, the City's infrastructure master plans,and City regulations,policies and guidelines that may be in effect at the time of any development. Landowner understands and agrees that there is no right, either granted or implied, for the Landowner to commence construction of any new building requiring City services in Phases 3 or 4 the Annexation District absent full compliance of the terms and conditions of this Agreement. 11. Notices. Any notice, demand, request or other communication which either Party hereto may be required or may desire to give under this Agreement shall be in writing and shall be deemed to have been properly given if(a) hand delivered (effective upon delivery), (b) mailed (effective three (3) days after mailing) by United States registered or certified mail, postage prepaid, return receipt requested,(c) sent by a nationally recognized overnight delivery service(effective one(1)day after delivery to such courier) or (d) sent by facsimile (effective upon confirmation of transmission), in each case,addressed as follows: If to Landowner: Cannery District Partners,LLC Attn: Scott R.Dehlendorf and Barry L.Brown 1006 West Main Street Bozeman,Montana 59715 Fax: (877)397-8736 i ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 11 If to the City: The City of Bozeman Attn: Chris Kukulski,City Manager City Hall 121 North Rouse Avenue Bozeman,Montana 59715 Fax:(406)582-2273 12 No Obligation to Improve Property.Nothing in this Agreement shall be construed to constitute a promise by Landowner or obligate Landowner to engage in or complete development of the Cannery District property in any manner. Landowner shall have no obligation, by reason of this Agreement, to renovate the Phase 1 existing buildings or develop planned Phases 2, 3 or 4 as is contemplated by this Agreement.Landowner reserves the right to modify development plans for the Cannery District as it deems necessary, in its sole discretion, subject to its obtaining all necessary governmental approvals in advance of making improvements on the property. 13. Authority. The signatories of this Agreement are the authorized representatives of Parties for the execution to this Agreement and certify that they have sufficient authority to bind their respective entities to this Agreement. 14. Remedies. The Parties may in law or in equity, by suit, action, mandamus, or any other proceedings,including specific performance,enforce or compel the performance of this Agreement; provided, however, that the City may maintain an action to recover any sums and any costs agreed to be paid to it pursuant to this Agreement and that have become due and remain unpaid, plus interest on such sums and costs at a rate of ten per cent per annum. If Landowner or any of its successors or assigns,fails to satisfy any of its material obligations under this Agreement within 30 days after the City has given written notice of such noncompliance,the City shall,in addition to any of its other remedies,be authorized to discontinue water, sewer and fire service to the Annexation District in accordance with applicable law. Notwithstanding the preceding sentences of this Paragraph, the provisions of this Agreement shall not be construed to empower the City to discontinue water and/or sewer services to the Phase 1 existing buildings so long as Landowner is not in default in payment of (i)water and sewer utility fees, (ii)the annual fee required under Paragraph 5(d); and (iii)the remaining 50% of the Fire/EMS impact fee required under Subparagraph 7(a)(ii). 15. Miscellaneous. (a) Principals of Interpretation. No inference in favor of or against any party shall be drawn from the fact that such party has drafted any part of this Agreement. The Parties have both participated substantially in its negotiation, drafting, and revision, with advice from counsel and other advisers. A term defined in the singular may be used in the plural, and vice versa, all in accordance with ordinary principles of English grammar, which also govern all other language in this Agreement. The words "include" and "including" shall be construed to be followed by the words"without limitation." (b) Entire Agreement. This Agreement,including the exhibits attached hereto,contains the entire agreement and understanding of the Parties,and supersedes any and all prior negotiations and understandings. This Agreement shall not be modified, amended or changed in any respect except by a written document signed by all Parties hereto. ANNExATmN DISTRICT AOREEmFNr-CANNERY DJSTRICT(REV.5-22-2015).........................................................................PAGE 12 (c) Captions. The captions, titles and section headings throughout this Agreement are for convenience and reference only and shall not be deemed or held to explain,modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement, nor to define,limit or describe the scope or intent of a particular section. (d) Severability. If any term or provision of this Agreement shall be determined by a Court to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. It is the intention of the Parties that if any provision in this Lease is capable of two constructions, then the provision shall be interpreted to have the meaning which renders it valid. (e) Attorney Fees. Should either Party incur any costs or expenses,including reasonable attorney fees to include those of the Bozeman City Attorney, in enforcing any of the provisions of this Agreement,the other or unsuccessful Party shall reimburse the prevailing Party on demand (f) Binding Effect/Recording. Except as expressly provided otherwise herein, the terms, covenants,and conditions contained in this Agreement shall,for the Tenn of this Agreement, run with the Annexation District land,bind Phases 1, 3, and 4,and inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. To assure that future successors and assigns have notice of this Agreement and the obligations created by it, Landowner shall, within 30 (thirty) days of execution of this Agreement and prior to the sale or transfer of any real property within the Annexation District, record this Agreement with the Gallatin County Clerk and Recorder. (g) Nonwaiver/Amendment. No waiver of any condition expressed in this Agreement shall be implied by any neglect of Landowner or the City to enforce any remedy on account of the violation of such condition, whether or not such violation be continued or repeated subsequently,and no express waiver shall affect any condition other than the one specified in such waiver for the time and in the manner specifically stated.Amendment to this Agreement may only be made by duly adopted resolution of the Bozeman City Commission. (h) Governing Law; Venue. This Agreement and any disputes arising hereunder shall be governed hereafter and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. The City and Landowner agree that any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction sitting in Gallatin County,Montana. (i) Nature and Sundval of Obligations. The Parties agree that all teens, requirements, and conditions contained in this Agreement and all charges payable pursuant thereto, together with interest and costs of collection, shall until paid constitute the personal obligation of Landowner and of the successors and assigns of Landowner, whether such successors or assigns succeed to a legal or to a beneficial interest in property within the Annexation District. In the event of non-payment within 30(thirty) days after the due date,such charges shall become a lien upon the applicable property. (j) Counterparts; Facsimile. This Agreement (and any amendment hereto) may be executed in any number of counterparts, all of which when taken together will constitute one and the same instrument. A counterpart signed and delivered by facsimile transmission copy thereof ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 13 0 • or via electronic means in pdf, tiff, or jpeg file format shall be as valid and effectual as the original of that counterpart. IN WITNESS WHEREOF, the Parties have executed this Annexation District Agreement effective as of the Effective Date. Cannery Di rict Pa ers,LLC by: CD anage nt,LLC,Manager by: na e by: Scott R.Deblend-o7r, City of Bozeman by: ff u ,Mayor Attest: Q ° ° ° Stacy Jerk of the City �LLArrrr co•°�J Attached Exhibits: Exhibit A: Annexation Map—Cannery District Phases 1,3,and 4 Exhibit B: Waiver of Right-to-Protest Creation of Special Improvement District for a City-Wide Park Maintenance District Exhibit C: Waiver of Right-to-Protest Creation of Special Improvement Districts Cannery District Annexation [Acknowledgements on next page.] ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.$-22-2015).........................................................................PAGE 14 ACKNOWLEDGEMENTS STATE OF MONTANA ) SS. County of Gallatin ) /� This instrument was acknowledged before me on �) , 2015, by Barry L. Brown and Scott R. Dehlendorf, as Managers of CDP Manag ent, LC, a Montana limited liability company, the =Crnc of Cannery District Part Ys, LC,a Mol ana 1` ted liabil' mpany. �, HEATHER BIENVEIv JE`F Notary Public4 P:for the State of Montana•rn: Residing at: nted Name:.=Q Bozeman, Montana NOTARY PUBLIC for the State of Montana P; M Commission Expires: y January 26,2018 _JRESIDING AT Montana My Commission Expires 20 STATE OF MONTANA ) ss. County of GallatinOlt ) This instrument was acknowledged before me on , 2015, by Jeff Krauss and Stacy Ulman,as Mayor and Clerk of the City Commissio es ecvvely,of the City of Bozeman. Ilan ,, HE BIENV`� +U'� P 'nted Name: /V ; Notary Public NOTARY PUBLIC for the State of Montana wP•'aoT�Hln�?c for the State of Montsnee i RESIDING AT ,Montana Residing at: 1 .SEAL:=Q; Bozeman, Montana ` My Commission Expires 20� 9I� •• tP My Commission Expires: ` OF MO January 26,2018 ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 15 EXHIBIT A ANNEXATION MAP CANNERY DISTRICT PHASES 1,3,AND 4 See attached map. ANNEXATION MAP CANNERY DISTRICT PHASES 1,3,AND 4 A tract of land being Tracts 1,2,and 3 of COS 2877, Located in the North West One Quarter of Section 6,Township 2 South,Range 6 East, Principle Meridian Montana,Gallatin County,Montana /:.s.. � ootewn7w CANNERY DISTRICT PHASES 1. AN'0 a 1 r'- �ONT 3yN annri•nw Rouun•Rr nr5rx11=! , A�fpq A Troet of land bong Trac 1,2,and 3 or COS 28]],located \ RTy m be rTorth West one eaatn of Section 6.T—hip 2 Swt,. �Nr Range 6 Cott.Principle Mvidian Mentona.Gallatin wanly. OA. Mmlano being more partiWndr ddser,bed as _._ __._..—._. rTlSlin,T.j'y'vS Tells- -0 r eeglnng at d awnl(POB). ni. ma Swm East RNht elZoning I`• � nlW1c - eipieII , o7877n1 G•2 m Se Sox G Em1. I Y - ..-/f r/,(�, P.M.M..C000lln Cwnly,Montana been SWth 69W'51•Eo-(a w 1 r/1 di".C.ul]D.Oo tool; Z'.•' - /•`�l;•.� f ���Cyy. Inc or rlad 3 at9C51.S 28 tt.oga Poinit*long ttrc nWtn PHASE4 '- _ _ 'f-. � Ay Ihenae Nntn 8973'28'West.e75 7O feo,along tno iau:• ,.�I I _ _ •g0� one,d rdc l Tte z 3.1 COS 2877 to n prinl a M Chi ...� I _ ____. _. _ Mlgnt 1 We, /Oak Streal. TRACT 1 __k I.• _ _ I'•' mane.7381 1- a v to me IeR an.Gong*oil I at COS 2877.1m a ldaw,of 994-03 1ce1,a ppi:� __;J, '� •^•-'- - - emlral sngl"of x}5'02•.and o ehwd that—Nwtn ... - -...�_ ..V. 1•I --''�' `- TIZ11•W'Co,23]9 reel to Inc Scum Watt nrner e1 -�• I� ��• Tract 1 0, C0.S 2877 r \. �I I -_ u0G , -' I (hands Nnlh 0070'oa•WecL 5e664 lest to Inc _ ,,��•• ,f-.._....._._..._.., �3r .- a Into•^ tion of Ina n 0-1 eanar o1 Tract 1 01 COS +[r.- -- _ - Lr____ _I_ ` • .=nonce 25 Oa feetx ROW at-,of Inlral lm��gnl and*tang a'W*tn me Smw[*mewl o Wra* .._....._._.-.._...-. ` it y 'd flOW and tn<Narin line of Trocto 1 d 2 01 COS aw7>M17I*d • x 2877.Ilh o rddi.t of 22795.00 foot,a-40 angle of t. i'I_ ____ ___________-___-___------__-----_---- , T. 0738'OI•,tnoa paint the:Doer:6Wm 69D5'cA•EmL TRACT 2 D mmce SWtho 6Bo5'a3•Eosl,78716 feet etwo said north aLDGG .... -r:.. P ,acorA LW ....._._ �...._ .._ -_.._____...--_....... 3Jc�+ _ _..: i - �. _-._.__.. �\{ RWm7naar Imo of rmcls 2 and]at cos 2m7 and vole _._. � I - - 1 I __________ •••.•♦ •• to o polo,. PHASE 1 I; ' ----------------------------�--- . nmca SWtn 36'18'5]•Earl.182 87 feat to a-Int that —TRACT 3 ' `( ♦♦ ♦q ue t*,a Lm of the cwnn of T-1 3 01 COS 2877 and a21 Prom �•, ♦i '.nv:.•.•��. the ROW a RWse A-1 o COS-1 I •♦� '• 8 .Ihmco So-02-02'18•Was).51.50 feet to the pornt of g�yt�iia i I ._r 1 _ I.I�_ ♦♦♦ x 4'•w �a begnnin9(POB} E ;II PHASE-3 ♦ '. 7a' ' Said nm bam9 895 oce a lecc...no niln and BLD,aF m _.., I'li.. ♦♦�'. ♦ melee,to on ea-emcnis,of rr-ons t m tn* n. ::_:.r :: .% �wFraq• -1'u� I1.i ' _ 1 = ._.I.II�I � _ ♦♦• ♦ 1, � _ i.{I'.;� er aPPnm grWn i S02VY sn♦♦ 'J• .r.--: PDB r f . LY)S __"'_... _ -• ______ ___ �J, I orLx:mc xo]ram]]�,IiIyg917TYva. 11A x .u*9pa, O •••••• • �CHyrICAtE nr n1RTTynR - AI XI:'I: Z- [yids „ I. �•pp ��L I.Inc undadlgnCd.t. fl.." -atna Lone- now,do E6 T1'•5a .._I i o Ite,Vu - -, n *I 1_ .;.r a-u vewn onto to ijb—'-- "--. .'. 1 J°m• ^ Pw,yng dro.in9 o�dXao deoni�ce n a dea�e.I:`m tn. add c a.•.'ll',.•^;� ec I f IDo Monlalo$uDEINaIOn and Plollmg AM S*ellan �n tr i T CT:- etDGD ,a1 76_3_1Ot t- )6-3-625,MCA oral me Cil D'awD ma o 1 Cast C-et-e 1 -�{ �. _-•L=Z�-.1 N4piI0 lL�iv'r_--`33 �,' taLOG e a •• and Geist in Ca n,,ty Subdidign Ragublbns. Y ei Ooraman ! f•_ , V9 _ crXi:ffrn�. DATED mi,__day*1-_A.D.,zols John R Ph ug 1 `n/'• ) P AS 2-- r Rcgl1tm0an No.15626L5 • de:vr..1 a,*Maw, "-.." ,. _ 076 pnm.6Xtgpg9ta}.._......e.r ._. _v..':..�.�- •.:,.-. -..._..4....:.: ....,: --pm"�.Nu,en�,aK _ Rr ._ NORTFiSIDEPUD P 1i t� : .,ACE Pturt Tm 1twTx ten.wax* �' U1111Y.1;j..C!;':,,:.. w r11NAnma.rat PYoric,roN A1:KST ('h;tl�Pft�`J'•'' U LONO1Ma0 111'-I1'-532009 EI 2• >•� MPSnO xl:19]666 iIL w w NoE Of o ad OA-3}7a1^ ` IIm N a �0•d vx.,n 0'•••rim, O[WHO r11W YTSU tab siAiwt IVPPoY l4•iVRKn Te row Im a:7 w Vw.,,ax. NotL:To oRAWxc¢in[x¢o I A sec T R ANNEXATION MAP + [wr...x•=.•o�. ^rtNey. IewEMAx,Mw,AxN maw r RI.Yp01 a"^..>pfn'r�i'ra.-meciLc'�a•O Toom,nrt nPnlla 'r m a n . CANNERY DISTRICT wro °` S'MLY uERmwx cawlana AYtaE•- L9G,Wn a,rc PxoPmso OSI PHASES 1,3,AND 6 n•^•"i: i".v:c ei.viM'�+ (101'-,a'-]>• RCPIIC4kt AA aLEO*D bxaxMNT CAD).Apg: �p �1 StWW.Y COUNTY:GALLATIN C JAP '"Rv PRINCIPAL MERIOIM.MONTANA 1 ()F t EXHIBIT B WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT The undersigned("Landowner') is the owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land'being Tract 1 and'Tract 2: of Correction COS 2128B, and the parcel known as COS 2548, all located'within the SW% of'. Section 6,Township 2 South,Range 6 East,P.M.M,Gallatin County;Montana.: .: IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City parks which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself and its successors and assigns, forever, the right to protest the creation of one or more special improvement districts for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks,or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors- in-interest and assigns of the Landowner. DATED this / day of �� 2015. Cannery is 'ct rtners,LLC by: C P n nent,LLC by:A. by: Scott R. Dehlendo , EXHIBIT B—WAIVER OF RIGHT-To-PROTEST(PARK MAINTENANCE DISTRICT).................................................................PAGE I of 2 STATE OF MONTANA ) SS. County of Gallatin ) This instrument was acknowledged before me on 2015, by Barry L. Brown and Scott R. Dehlendorf, as Managers of CDP Management, LL , a Montana limited liability company, the Manager of Cannery District Partners,LLC,a Montan limited liability company. ,,•��a,aiEN`,,, HEATHER BIENVENI:E I� rinted Name: Notary Public 4 NOTARY PUBLIC for the State of Montana is NOTnpiq�,m:for the State of Montana RESIDING AT ,Montana :N�,SEAL.- Bozeman,Bozeman Montana My Commission Expires ,20_ 9OF MOP My Commission Expires: January 26,2018 EXHIBIT B—WAIVER OF RIGHT-TO-PROTEST(PARK MAINTENANCE DISTRICT).................................................................PAGE 2 of 2 EXHIBIT C WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS CANNERY DISTRICT ANNEXATION The undersigned("Landowner")is the owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land.being Tract 1 and Tract 2:of. Correction COS 2128B, and the parcel known as COS 2548, all•located within the SW'/ of Section 6,Township 2 South,Range 6 East,P.M.M,Gallatin County,Montana. IN CONSIDERATION of receiving approval for annexation of the subject property from.the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to (i)Oak Street (between N. 7'h Avenue and North Rouse Avenue) and (ii) the intersection of. Oak Street and North 7'h Avenue which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself and its successors and assigns, forever, the right to protest the creation of one or more special improvement districts for construction and maintenance of the following improvements: paving, curb/gutter, sidewalk, storm drainage facilities for (i)Oak Street (between N.71h Avenue and North Rouse Avenue) and (ii) the intersection of Oak Street and North 7'h Avenue,or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event an SID is not utilized for the completion of these improvements, the Landlowner agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property,taxable valuation of the property,traffic contribution from the development or a combination thereof This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants,and provisions of this waiver shall extend to, and be binding upon the successors- in-interest and assigns of the Landowner. DATED this S day of TU� )2015. Cannery is rict P rt ers,LLC by: C P anag ent,LLC by: B o , a age by: W-7 Scott R. Deh endo , anager ExHa3rr C—WAIVER OF RIGHT-TO-PROTEST SPECIAL IMPROVEMENT DISTRICTS..............................................................PAGE 1 Of 2 I STATE OF MONTANA ) SS. County of Gallatin ) l This instrument was acknowledged before me on o' 2015, by Barry L. Brown and Scott R. Dehlendorf, as Managers of CDP Management,LL , a Montana limited liability company, the Manager of Cannery District Partners,LLC,a Montana 1 mited liability company. B`4ti y HEATH ER a BP����•,VU� Printed Name: ; ;'NOTnaiq�,:M- S for the State of Montana NOTARY PUBLIC for the State of Montana =* *= Residing at: RESIDING AT ,Montana 9. i;AL.=Q;: Bozeman, Montana My Commission Expires ,20_ t�P` M Com F'Mo Y mission Expires; `` January 26,2018 t -_J EXHIBIT C-WAIVER OF RIGHT-TO-PROTEST SPECIAL IMPROVEMENT DISTRICTS..............................................................PAGE 2 of 2 City of Bozeman-City • Clem P.O. Box 1230 Bozeman, MT 59771-1230 'tr�T�k.co.lsOa�V COMMISSION RESOLUTION NO. 4322 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE CREATION OF THE CANNERY ANNEXATION DISTRICT TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF PURSUANT TO THE PROVISIONS OF THE ANNEXATION DISTRICT AGREEMENT FOR THE CANNERY DISTRICT PROPERTY. WHEREAS,there has been presented to the City Commission of the City of Bozeman a written application from Cannery District Partners, L.L.C., owner of the tracts sought to be annexed herein, requesting the City Commission create an annexation district for the purpose of extending the boundaries of the City of Bozeman so as to include within the boundaries of the City of Bozeman, Montana,pursuant to the terms of the annexation district, certain contiguous tracts of land lying generally northwest of the intersection of East Oak Street and North Rouse Avenue, excepting already annexed and zoned properties. WHEREAS, the legal description of the contiguous tracts, in the County of Gallatin, State of Montana,is as follows: Tract 1, 2 and 3 of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS 2128B and the parcel known as COS 2548 all located in the Northwest One-Quarter of Section 6, T2S,R6E,P.M.M., Gallatin County,Montana. WHEREAS, the tracts contain 8.99f acres of land, more or less, along with and subject to all existing easements of record or of fact; and. WHEREAS, the above-described tracts are the subject of plats or Certificates of Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and 25'18673 PLATTED Page: 1 or 25 07l27/2015 09:60:44 AM Fee: $Misc00 . Page 1 of 4 Charlotte Mills - Gallatin County MT IIIIIII IIIIII III IIIII IIII IIIIIII IIIIII IIII IIII Ilill lllll lllll lllllll 111 lllll lllll llll llli Resolution 4322,Creation ofthe Cannery Annexation District WHEREAS, an annexation staff report has been prepared and submitted to the Commission; and WHEREAS, the Commission has duly reviewed and considered said written annexation staff report; and WHEREAS, Cannery District Partners, LLC has submitted the attached Annexation District Agreement for Cannery District Property which creates the terms, conditions, and timing for the provision of services by the City to the Cannery Annexation District and the annexation of the tracts herein described; WHEREAS, prior to creation of the Cannery Annexation District and the annexation of the above described tracts, an agreement between the City and the owner of said tract addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to,rights of way,public street and utility easements, water rights or cash-in-lieu, waivers of right to protest creation of Special Improvement Districts, impact fees, water and sewer hookup fees, sewer and water capacity analysis, annexation timing, interim provision of services, impact fees and traffic impacts to said contiguous tract and other parcels directly affected or impacted by this annexation, shall be fully executed; and WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tracts hereinbefore described to create the Cannery Annexation District and extend the boundaries of the City of Bozeman so as to include said contiguous tract of land hereinbefore described within the corporate limits of said City of Bozeman, Montana pursuant to the terms of the attached Annexation District Agreement for the Cannery Annexation District (the "Annexation Agreement"); and WHEREAS, Commission Resolution No. 4608 was adopted by the City Commission on June 22, 2015 as Action Item Agenda No. 3, declaring it to be the intent of the City of Bozeman to create the Page 2 of 4 Resolution 4322,Creation of the Cannery Annexation District Cannery Annexation District and extend the boundaries of said City so as to include said contiguous tract within the corporate limits of the City; and WHEREAS, on June 22, 2015, the Commission authorized and directed staff., upon satisfaction by the applicant of the revised terms of the annexation district, to prepare the necessary documents to proceed with the creation of the annexation district in accordance with said Commission Resolution No. 4608; and WHEREAS, a public meeting on said annexation district creation was duly noticed and held on July 20,2015; and WHEREAS, no members of the general public expressed objections to said annexation at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared, subject to the condition that the provision of the services to the contiguous tract hereinbefore described will be the subject of a mutual agreement between the City of Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City of Bozeman be extended by creation of the Cannery District Annexation pursuant to Section 7-2-4625, MCA, so as to include the contiguous tract hereinbefore described within the boundaries and corporate limits of the City of Bozeman, Montana pursuant to the terms of the Annexation Agreement, included herein as Attachment A. Section 2 That the effective date of this annexation district is July 20,2015 Page 3 of 4 Resolution 4322,Creation of the Cannery Annexation District PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 201h Day of July, 2015. C K'111� Vay . KRAUSS or ATTEST: >. BOA' > ST�C Cit Cllerk C APPROVED AS TO FORM: GRAQ, -ULLIVW City Attorney Page 4 of 4 MT� � BOZEMAN Planning June 1, 2016 Comma-Q Architecture Ben Lloyd 109 N. Rouse, Ste. 1 Bozeman, MT 59715 RE: Cannery District Final PUD Application 16109 Dear Ben, I am pleased to inform you that the City gave final plan approval-for the Cannery District Final Planned Unit Development on June 1, 2016. Site plans may now be submitted for individual phases and buildings. I've enjoyed working with you on this project and I look forward to the successful completion of future projects within the development. Please feel free to contact me at 582-2259 if you have any questions. Regards, Brian Krueger Development Review Manager C: Cannery District Partners, LLC 1006 West Main Street Bozeman, MT 59715 0 • East Olive StreetP.O. Box 12300 40. .0 Q 40. .. Bozeman, MT • • TDD: 406-582-2301 THE MOST LIVABLE PLACE. CA I i!\V1 I AY 13 2096 MEMO LM J DEPA I I�riLi,i i 1.1 Date: May 12, 2016 COMMUNITY DFVf L(.; 'MENT Subject: The Cannery District Planned Unit Development/Final Application#16109 Attention: Brian Krueger, Development Review Manager Comma-Q City of Bozeman, Department of Community Development Architecture From: Ben Lloyd,Architect RE: Corrections required prior to final plan approval The following items were noted as requiring correction prior to final plan approval. The action taken to address the required corrections are noted in bold text. Item: 1 Per Condition 12,clarify in one exhibit where all the Attachment 1-4 Cannery District Master required crosswalks are located to comply with this Plan has beewAvised;,to show condition. It appears there are multiple areas within required crosswalks.�-�'' Phase 1 that do not meet this condition. 2 Per code provisions A. Please revise sheet ES3.2 at the Attachment 4—Common Open Space NE access to the site to comply with the code standards Lighting Information sheets ES3.1 & for maximum light in foot candles at the property line. ES3.2 have been revised as required. 3 A maintenance plan must be submitted for the stormwater Appendix 3—Covenants have been facilities in the project,and a plan must be included in the - revised to include a stormwater property owners'associate(POA)documents such that facilities maintenance plan. the POA knows the maintenance requirements for those facilities. 4 The wording on the draft plat document indicates the The wording on the Amended Plat will "Director of Public Services." This wording must be be changed prior to its submittal to the changed to the"Director of Public Works." City for review. 5 Please execute and record the attached document on the The attached document has been properties noted in the legal description of the document. recorded as required. Page 1 of 1 0ZEMAN* Planning April 11, 2016 Comma-Q Architecture Ben Lloyd 109 N. Rouse,Ste. 1 Bozeman, MT 59715 RE: Cannery District Final PUD Application 16109 Dear Ben, Staff has reviewed the final plan for the Cannery District Planned Unit Development. The following items must be corrected and/or addressed prior to final plan approval. l. Per condition 12, clarify in one exhibit where all the required crosswalks are located to comply with this condition. It appears there are multiple areas within Phase 1 that do not meet this condition. 2. Per code provision A. Please revise sheet ES3.2 at the NE access to the site to comply with code standards for maximum light in foot candles at the property line. 3. A maintenance plan must be submitted for the stormwater facilities in the project, and the plan must be included in the property owners' association (POA) documents such that the POA knows the maintenance requirements for those facilities. 4. The wording on the draft plat document indicates the"Director of Public Services." This wording must be changed to the"Director of Public Works." 5. Please execute and record the attached document on the properties noted in the legal description of the document. Please submit revised materials for final review. I look forward to working with you to bring this project to a successful final completion. Please feel free to contact me at 582-2259 if you have any questio s. Respe ully Brian Krueger, Development Review Manager C: Cannery District Partners, LLC 1006 West Main Street Bozeman, MT 59715 • :• 1 Q 1East © Bozeman, 1 O 416 •1 0 406-582-2263 www.bozeman.net TDD: 406-582-2301 THE MOST LIVABLE PLACE. Inter-office original to: City of Bozeman Department of Community Development 20 Rost Olive Street ,� PLATTED 2544952 Page: 1 of 7 05/12/2016 10:22:05 AM Fee: $49.00 Charlotte Mills - Gallatin County, MT MISC 11111111111 IN CONDITIONS OF APPROVAL FOR THE-CANNERY DISTRICT PLANNED UNIT. -DEVELOPMENT APPLICATION.16109 CANNERY DISTRICT PLANNED UNIT DEVEOPMENT FOR PROPERTY LOCATED AT 101 EAST OAK STREET,BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a planned unit development to allow a mixed use master planned phased development; and WHEREAS,the development is on property that is legally described as Block 2 of the Imes Addition to Bozeman, Tract 3A of CCOS 2128B, Tract 1-3 of COS 2877 and Minor Sub 391 B all in Section 6, T2S, R6E, PMM City of Bozeman, Gallatin County, Montana; and WHEREAS,the use is to be located on property that is legally zoned as B-2 (Community Business District) zoning district; and WHEREAS, the Planned Unit Development (PUD) is contained within the City of Bozeman Department of Community Development's zoning application 15038 and 16109; and WHEREAS, the Planned Unit Development was granted relaxations from the zoning requirements of the Unified Development Code and the requirements of the B-2 zoning district; and WHEREAS, the Planned Unit Development application is subject to the following conditions of approval and code provisions: CONDITIONS OF APPROVAL I. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The proposed covenants shall include a section which clearly indicates those portions of the covenants which were relied upon for the approval of the PUD. This section shall restrict those portions from alteration without written approval of the City of Bozeman. CANNERY DISTRICT FINAL PUD 16109 PAGE 1 OF 7 _CONDITIONS OF APPROVAL FORA-CONDITIONAL-USE PERMIT-APPLICATION 3. The requested relaxations to the following sections are granted as proposed in the application materials and shall be reflected in the final PUD plan, design guidelines and associated documents as approved: a) 38.10.040 Commercial Lot area and Width-to reduce lot area and width to allow lots configured as building pads. b) 38.10.050 Commercial Yard Setbacks-to reduce setbacks to zero to allow building pads to accommodate the building foundation only and to reduce the front yard setback requirement along Oak Street from 25 feet to 10 feet. c) 38.17.060 Entryway Corridor Overlay Setbacks-to reduce the corridor overlay setback from 25 feet to 10 feet. d) 38.24.090 Lot Frontage (38.23.030)-to allow some lots to not front on a public or private street or alley with greenway corridor. e) 38.24.090-3 Access Spacing-to allow the distance between accesses along an arterial street to be reduced below code requirements. f) 38.25.040 Parking Space Requirements-to allow an overall 15%reduction to the parking space requirements. g) 38.26.050 Unbroken Rows of Parking-to allow for longer rows of parking spaces unbrokerf by interior landscapeisldr-f. - - " — - h) 38.28.070 Wayfinding Signage-to allow wayfinding sings for a district less than 30 acres. i) 38.10.020 Residential Use on the Ground Floor-to allow residential uses on the ground floor in the B-2 zoning district. j) 38.28.060 Building Frontage as applied in sign area calculations-to allow designated/fixed sign square footage for lots that do not have building frontage on a street. k) 38.10.060.A.2 Building Height-to allow Building E on site a maximum height of 59 feet exceeding the maximum height allowed in this location by 2 feet. 4. No property may be removed from the covenants once established without written approval of the City of Bozeman. 5. All portions of Tracts 1, 2 and 3A of COS 2128B, Tract on COS 2548 and Portions of Block 2 of Imes Addition(Plat C-41)north of Oak Street shall be aggregated and/or the common boundaries of said lots shall be reconfigured through the applicable subdivision review process to accommodate the project prior to subsequent final site plan approval for any individual phase. 6. Utility easements shall be provided for as shown on sheet C6.0 either through individual recordable documents or thorough the subdivision exemption review process prior to final site plan approval for any individual phase. 7. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Cannery District are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Cannery CANNERY DISTRICT FINAL PUD 16109 PAGE 2 OF 7 {-�CONDITIONS OF'APPROVAL--FORi-A`;CONDITIONAL`;USE'PERMIT APPLICATION,7fi District and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Cannery District Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any building or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 8. The City of Bozeman has relied upon the overall design standards proposed as part of the Tanned»nit rleYPlnnmPnt annlinatinn in Part 2 Tlacian C',iiirlelinec The design ctanrlarrlc may not be altered without consent of the City. This restriction shall be included in Section 9 of the covenants. 9. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plan, sheet, note, detail, guideline, covenant, etc. in the submittal. 10. The proposed design guidelines shall include a section on how a ground floor residential component shall be designed to transition from public to private space. 11. A cast iron tree grate design shall be selected for the entire development and a detail of that design shall be included in the design guidelines. 12. Scored concrete crosswalks the width of the adjacent pedestrian walkways shall be provided across all drive accesses and driveways where there is a pedestrian crossing. This detail shall be shown on the overall master plan and included in the design guidelines. 13. The rail trail shall be terminated on the east side of the site at North Rouse Avenue on the south side of E Lane in lieu of the standard sidewalk shown on the master plan. 14. The final lot configuration will not be clear until future applications are complete. The applicant will need to provide mutual access easements across all drive accesses and walkways as necessary to allow vehicular,pedestrian, and bike traffic across the project. Additionally, drainage course easements shall be provided as necessary for all drainage courses and stormw•ater facilities to allow all property owners access to facilities for maintenance. Alternatively, accesses and stormwater facilities may be placed in a common lot allowing access to all users in the property owners' association. 15. The proposed 10-inch sewer main in the northeast part of the project will be constructed during Phase 1. However, other Phase 3 improvements will not be constructed during Phase 1. A minimum 12-foot wide,temporary all-weather surface must be located over the sewer main until the Phase 3, F Lane is constructed. CANNTERY DISTRICT FINAL PUD 16109 _. PAGE 3 OF 7, ` `CONDITIONS OF APPROVAL FORA-CONDITIONAL USE PERMIT'APPLICATION: 16. The proposed utility easements do not appear to include the fire hydrants. The utility easements must be placed around the fire hydrants. 17. The applicant should be advised that the latest update to the City of Bozeman Wastewater Collection Facilities Plan Update (June 2015) identified two downstream sewer mains, known as the North Frontage Road Bottleneck,that are approaching capacity. Timing for project phasing 2-4 may be impacted if that sewer main capacity is reached, due to the current growth rate in the City,prior to approval of phases 2-4 and upgrades to the mains have not yet been completed. 18. The.traffic impact study for the project identified the need for two left-hand turn lanes associated with the accesses off Oak Street. The City is in the preliminary design process to construct improvements to Oak Street. The turn lanes must be coordinated with the City's design. However, that portion of Oak Street may not be reconstructed within the timeframe of the proposed project. If Phase 2 of the proposed project is constructed prior to completion of the City project,the left-hand turn lanes must be constructed by the applicant or cash equivalent funding be provided to the City. The cost of incorporating the turn lanes will be the responsibility of the Cannery District developer. Timing for _construction of_the_City!s.Oak_Street.project.at_this_location isecurrently not.defined.. 19. The traffic impact study for the project identified the need for a left-hand turn lane for the existing Cannery Access off Rouse Avenue. The Montana Department of Transportation (MDT) is planning upgrades to that section of Rouse Avenue. The proposed turn lane must be coordinated with MDT by the applicant. 20. A mid-block crossing of Oak Street will likely be constructed in the future at the intersection with the D Lane access and the proposed fairgrounds access for safe pedestrian crossing. Conduit should be placed as necessary for a future signal at that crossing. 21. The applicant must submit an application to vacate N. Montana Avenue right-of-way (ROW) and the former Oak Street ROW that intersects N. Montana Avenue and E. Oak Street. The streets must be vacated prior to Phase 2 FSP approvals. 22. Section 38.23.180 of the BMC requires provision for water rights or cash in lieu thereof. This provision shall be satisfied prior to FSP approvals for individual site plans. The Annexation District Agreement for Cannery District Property defined that water service has historically been provided for Phase 1 and as such does not require provision for water rights or cash in lieu thereof. However,the Agreement requires provision for water rights or cash in lieu thereof for Phases 2, 3, and 4. This shall be demonstrated prior to individual, FSP approval for each phase. 23. The geotechnical report for the project identified the need for corrosion protection due to highly corrosive soils for all metal piping including mains and services. The civil engineer for the project must define the required corrosion protection prior to FSP approvals of individual site plans. CANNERY'DISTRICT FINAL PUD 16109 'PAGE 4 OF 7 ! ! ;i�:-'CONDITIONS`OF,`APPROVAL F.OR A.CONDITIONALQUSE;PERMIT APPLICATION`fir,; 24. The geotechnical report for the project identified the need to increase the depth of crushed rock under the sidewalks due to the soil conditions on the site. The subgrade for public sidewalks shall be constructed per the recommendations in the geotechnical report. CODE REQUIREMENTS A. Section 38.23.150.D.7.e BMC requires that all outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. R Plans and cnenifiCatinnc for anv water cPwer an/nr ctnrm sewer main extensions and r-- ---- --- - -� -- Public Streets (including curb/gutter and 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 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. C. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.39.030.D of the Bozeman Municipal Code (BMC) are met to allow for concurrent construction. D. All construction activities shall comply with section 38.39.020.A.2 of the BMC. 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. E. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to final site plan(FSP) approvals. F. 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 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. Fire service plans (and domestic services 4"or larger) shall be a CANNERY DISTRICT fINAL,PUD 16109 PAGE 5 OF 7 CONDITIONS OF APPROVAL FORA CONDITIONAL�USE PERMIT,APPLICATION r3; standalone submittal, separate from the FSP. Fire services shall be shown, with sizes labeled, on the FSP from main to building and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. G. Proposed water/sewer mains, services and hydrants shall be a minimum horizontal separation of 10' to landscape trees. NOW, THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of approval and code provisions for the Planned Unit Development shall be binding upon the undersigned owner of the subject property, and successors or assigns, as long as the use remains at the property addressed at 101 East Oak Qtreet. DATED THIS DAY OF , , 2016. CANNERY DISTRICT FINAL PUD 16109 PAGE 6 OF 7 CONDITIONS OF,APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION';-_ PROPERTY OWNER Si ture Printed Name STATE OF MONTANA :ss County of 1 i n ) On this 11114 day of a 2016, before me, the undersigned, a Notary Public for the State of Montana, personally pear ed Nvn4 rUvvn , known to me to be the r- of the property owner that executed the within instrument. N 6 LLB IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. C� (Printed name) " CRESSIE IVERS ` �Ssle r�F� Notary Public for the State of Montana P• 9 Notary Public Noi nf1i��• :for the State of Montana Residing at_; =r} NL 1 Residing at: M Commission Expires: 01 I iq I�O I� Bozeman, Montana y p my commission Expires: (Use four digits for expiration year) OF MO , January 14,2018 CANNERY DISTRICT'F1NAL PUD 16109 " TAGE,7'OF 7 BOZEMAN Planning April 11, 2016 Comma-Q Architecture Ben Lloyd 109 N. Rouse, Ste. 1 Bozeman, MT 59715 RE: Cannery District Final PUD Application 16109 Dear Ben, Staff has reviewed the final plan for the Cannery District Planned Unit Development. The following items must be corrected and/or addressed prior to final plan approval. 1. Per condition 12, clarify in one exhibit where all the required crosswalks are located to comply with this condition. It appears there are multiple areas within Phase 1 that do not meet this condition. 2. Per code provision A. Please revise sheet ES3.2 at the NE access to the site to comply with code standards for maximum light in foot candles at the property line. 3. A maintenance plan must be submitted for the stormwater facilities in the project, and the plan must be included in the property owners' association(POA) documents such that the POA knows the maintenance requirements for those facilities. 4. The wording on the draft plat document indicates the "Director of Public Services." This wording must be changed to the "Director of Public Works." 5. Please execute and record the attached document on the properties noted in the legal description of the document. Please submit revised materials for final review. I look forward to working with you to bring this project to a successful final completion. Please feel free to contact me at 582-2259 if you have any questio Respe ully, OS .--4D Brian Krueger, Development Review Manager C: Cannery District Partners, LLC 1006 West Main Street Bozeman, MT 59715 Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. Inter-office original to: • • City of Bozeman Department of Community Development 20 F.acr alive.Street CONDITIONS OF APPROVAL FOR THE CANNERY DISTRICT PLANNED UNIT DEVELOPMENT APPLICATION 16109 CANNERY DISTRICT PLANNED UNIT DEVEOPMENT FOR PROPERTY LOCATED AT 101 EAST OAK STREET, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a planned unit development to allow a mixed use master planned phased development; and WHEREAS, the development is on property that is legally described as Block 2 of the Imes Addition to Bozeman, Tract 3A of CCOS 2128B, Tract 1-3 of COS 2877 and Minor Sub 391 B all in Section 6, T2S, R6E, PMM City of Bozeman, Gallatin County, Montana; and WHEREAS, the use is to be located on property that is legally zoned as B-2 (Community Business District) zoning district; and WHEREAS, the Planned Unit Development (PUD) is contained within the City of Bozeman Department of Community Development's zoning application 15038 and 16109; and WHEREAS, the Planned Unit Development was granted relaxations from the zoning requirements of the Unified Development Code and the requirements of the B-2 zoning district; and WHEREAS, the Planned Unit Development application is subject to the following conditions of approval and code provisions: CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The proposed covenants shall include a section which clearly indicates those portions of the covenants which were relied upon for the approval of the PUD. This section shall restrict those portions from alteration without written approval of the City of Bozeman. CANNERY DISTRICT FINAL PUD 16109 PAGE 1 OF 7 • CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 3. The requested relaxations to the following sections are granted as proposed in the application materials and shall be reflected in the final PUD plan, design guidelines and associated documents as approved: a) 38.10.040 Commercial Lot area and Width-to reduce lot area and width to allow lots configured as building pads. b) 38.10.050 Commercial Yard Setbacks-to reduce setbacks to zero to allow building pads to accommodate the building foundation only and to reduce the front yard setback requirement along Oak Street from 25 feet to 10 feet. c) 38.17.060 Entryway Corridor Overlay Setbacks-to reduce the corridor overlay setback from 25 feet to 10 feet. d) '38.24.090 Lot Frontage (38.23.030)-to allow some lots to not front on a public or private street or alley with greenway corridor. e) 38.24.090-3 Access Spacing-to allow the distance between accesses along an arterial street to be reduced below code requirements. f) 38.25.040 Parking Space Requirements-to allow an overall 15%reduction to the parking space requirements. g) 38.26.050 Unbroken Rows of Parking-to allow for longer rows of parking spaces unbroken by interior landscape islands. h) 38.28.070 Wayfinding Signage-to allow wayfinding sings for a district less than 30 acres. i) 38.10.020 Residential Use on the Ground Floor-to allow residential uses on the ground floor in the B-2 zoning district. j) 38.28.060 Building Frontage as applied in sign area calculations-to allow designated/fixed sign square footage for lots that do not have building frontage on a street. k) 38.10.060.A.2 Building Height-to allow Building E on site a maximum height of 59 feet exceeding the maximum height allowed in this location by 2 feet. 4. No property may be removed from the covenants once established without written approval of the City of Bozeman. 5. All portions of Tracts 1, 2 and 3A of COS 2128B, Tract on COS 2548 and Portions of Block 2 of Imes Addition(Plat C-41) north of Oak Street shall be aggregated and/or the common boundaries of said lots shall be reconfigured through the applicable subdivision review process to accommodate the project prior to subsequent final site plan approval for any individual phase. 6. Utility easements shall be provided for as shown on sheet C6.0 either through individual recordable documents or thorough the subdivision exemption review process prior to final site plan approval for any individual phase. 7. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Cannery District are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Cannery CANNERY DISTRICT FINAL PUD 16109 PAGE 2 OF 7 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION District and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Cannery District Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any building or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 8. The City of Bozeman has relied upon the overall design standards proposed as part of the planned unit development application in Part 2 Design Guidelines. The design standards may not be altered without consent of the City. This restriction shall be included in Section 9 of the covenants. 9. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plan, sheet, note, detail, guideline, covenant, etc. in the submittal. 10. The proposed design guidelines shall include a section on how a ground floor residential component shall be designed to transition from public to private space. 11. A cast iron tree grate design shall be selected for the entire development and a detail of that design shall be included in the design guidelines. 12. Scored concrete crosswalks the width of the adjacent pedestrian walkways shall be provided across all drive accesses and driveways where there is a pedestrian crossing. This detail shall be shown on the overall master plan and included in the design guidelines. 13. The rail trail shall be terminated on the east side of the site at North Rouse Avenue on the south side of E Lane in lieu of the standard sidewalk shown on the master plan. 14. The final lot configuration will not be clear until future applications are complete. The applicant will need to provide mutual access easements across all drive accesses and walkways as necessary to allow vehicular,pedestrian, and bike traffic across the project. Additionally, drainage course easements shall be provided as necessary for all drainage courses and stormwater facilities to allow all property owners access to facilities for maintenance. Alternatively, accesses and stormwater facilities may be placed in a common lot allowing access to all users in the property owners' association. 15. The proposed 10-inch sewer main in the northeast part of the project will be constructed during Phase 1. However, other Phase 3 improvements will not be constructed during Phase 1. A minimum 12-foot wide, temporary all-weather surface must be located over the sewer main until the Phase 3, F Lane is constructed. CANNERY DISTRICT FINAL PUD 16109 PAGE 3 OF 7 • • CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 16. The proposed utility easements do not appear to include the fire hydrants. The utility easements must be placed around the fire hydrants. 17. The applicant should be advised that the latest update to the City of Bozeman Wastewater Collection Facilities Plan Update (June 2015) identified two downstream sewer mains, known as the North Frontage Road Bottleneck, that are approaching capacity. Timing for project phasing 2-4 may be impacted if that sewer main capacity is reached, due to the current growth rate in the City,prior to approval of phases 2-4 and upgrades to the mains have not yet been completed. 18. The traffic impact study for the project identified the need for two left-hand turn lanes associated with the accesses off Oak Street. The City is in the preliminary design process to construct improvements to Oak Street. The turn lanes must be coordinated with the City's design. However, that portion of Oak Street may not be reconstructed within the timeframe of the proposed project. If Phase 2 of the proposed project is constructed prior to completion of the City project, the left-hand turn lanes must be constructed by the applicant or cash equivalent funding be provided to the City. The cost of incorporating the turn lanes will be the responsibility of the Cannery District developer. Timing for construction of the City's Oak Street project at this location is currently not defined. 19. The traffic impact study for the project identified the need for a left-hand turn lane for the existing Cannery Access off Rouse Avenue. The Montana Department of Transportation (MDT) is planning upgrades to that section of Rouse Avenue. The proposed turn lane must be coordinated with MDT by the applicant. 20. A mid-block crossing of Oak Street will likely be constructed in the future at the intersection with the D Lane access and the proposed fairgrounds access for safe pedestrian crossing. Conduit should be placed as necessary for a future signal at that crossing. 21. The applicant must submit an application to vacate N. Montana Avenue right-of-way (ROW) and the former Oak Street ROW that intersects N. Montana Avenue and E. Oak Street. The streets must be vacated prior to Phase 2 FSP approvals. 22. Section 38.23.180 of the BMC requires provision for water rights or cash in lieu thereof. This provision shall be satisfied prior to FSP approvals for individual site plans. The Annexation District Agreement for Cannery District Property defined that water service has historically been provided for Phase 1 and as such does not require provision for water rights or cash in lieu thereof. However, the Agreement requires provision for water rights or cash in lieu thereof for Phases 2, 3, and 4. This shall be demonstrated prior to individual, FSP approval for each phase. 23. The geotechnical report for the project identified the need for corrosion protection due to highly corrosive soils for all metal piping including mains and services. The civil engineer for the project must define the required corrosion protection prior to FSP approvals of individual site plans. CANNERY DISTRICT FINAL PUD 16109 PAGE 4 OF 7 • • CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 24. The geotechnical report for the project identified the need to increase the depth of crushed rock under the sidewalks due to the soil conditions on the site. The subgrade for public sidewalks shall be constructed per the recommendations in the geotechnical report. CODE REQUIREMENTS A. Section 38.23.150.D.7.e BMC requires that all outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. B. Plans and specifications for any water, sewer and/or storm sewer main extensions and Public Streets (including curb/gutter and 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 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. C. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.39.030.D of the Bozeman Municipal Code (BMC) are met to allow for concurrent construction. D. All construction activities shall comply with section 38.39.020.A.2 of the BMC. 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. E. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to final site plan (FSP) approvals. F. 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 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. Fire service plans (and domestic services 4" or larger) shall be a CANNERY DISTRICT FINAL PUD 16109 PAGE 5 OF 7 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT APPLICATION standalone submittal, separate from the FSP. Fire services shall be shown, with sizes labeled, on the FSP from main to building and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. ' G. Proposed water/sewer mains, services and hydrants shall be a minimum horizontal separation of 10' to landscape trees. NOW, THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of approval and code provisions for the Planned Unit Development shall be binding upon the undersigned owner of the subject property, and successors or assigns, as long as the use remains at the property addressed at 101 East Oak Street. DATED THIS DAY OF , 2016. CANNERY DISTRICT FINAL PUD 16109 PAGE 6 OF 7 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION PROPERTY OWNER Signature Printed Name STATE OF MONTANA :ss County of ) On this day of , 2016, before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the of the property owner that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (Printed name) Notary Public for the State of Montana Residing at My Commission Expires: (Use four digits for expiration year) CANNERY DISTRICT FINAL,PUD 16109 PAGE 7 OF 7 of Bo CITY O ZEMAN ENGINE RING DEPARTMENT U Alfred M. Stiff Professional Building 20 East Olive Street t �� P.O. Box 1230 t .1883..0`' 9TIN co.mot' Bozeman, Montana 59771-1230 phone 406-582-2280 fax 406-582-2263 skohtz@bozeman.net www.bozeman.net MEMORANDUM ------------------------------------------------------------------------------------------------------------------------------ TO: BRIAN KRUEGER FROM: SHAWN KOHTZ, DEVELOPMENT REVIEW ENGINEER RE: CANNERY DISTRICT FINAL PLANNED UNIT DEVELOPMENT DATE: 4-4-16 ------------------------------------------------------------------------------------------------------------------------------ The following comments pertain to review of the submitted materials for the above referenced project: 1. A maintenance plan shall be submitted for the stormwater facilities in the project, and the plan shall be included in the property owner's association (POA) documents such that the POA knows the maintenance requirements for those facilities. 2. The wording on the draft plat document indicates the "Director of Public Services." This wording shall be changed to the "Director of Public Works." CC. ERF Project File 13® CITY OF BGLEMAN - • ° Al 0 DEPARTMENT OF COMMUNITY DEVELOPMENT © IE DEVELOPMENT REVIEW APPLICATIO MAR 102016 IT OF 1..PROJECT I COMMUNITY DEVELOPMENT Development Name: Cannery District Planned Unit Development Description: By renovating and re-purposing existing structures,infitling with new compatible construction,and installing pedestrian scaled common open space,the Cannery District project revitalizes an existing under-utilized site,located within three prominent Bozeman entryway corridors. f t2. PROPERTY OWNER Name: ' Cannery District Partners, LLc Full Address: 1006 West Main Street, Bozeman, MT 59715 Phone: (406)522-7449 Email: scott@cannerydistrict.com 13. APPLICANT_ - _ �- Name: Cannery District Partners, LLc Full Address: 1006 West Main Street, Bozeman, MT 59715 Phone: (406)522-7449 Email: scott@cannerydistrict.com 4. REPRESENTATIVE �v Name: Comma-QArchitecture, inc Full Address: 107 N. Rouse, Ste 1, Bozeman, MT 59715 Phone: (406)585-1112 Email: ben@commaq.com Laura@commaq.com 15. PROPERTY _ Full Street w Address: 101 East Oak Street, Bozeman, MT59715' Full Legal Block 2 of the Imes Addition to the City of Bozeman,Tract 3A of CCOS 2128B,Tracts 1,2 Descriptiori: and 3 of COS 2877 Current Zoning: B-2 Current Use: Commercial and Vacant Community Plan Designation: Regional Commercial and Services 0 . - Development Review Application Al Page 1 of 3 Revision Date 4-27-15 Required Forms: Varies by project type Recommended Forms: I Presentation of submitted plans and specifications 1 Information for North* PUD properties: (only under consideration for Relaxations 4,8,and 10) L2. PROPERTY OWNER r~ Name: Montana Avenue Partners, Ilc Full Address: 1006 West Main Street, Bozeman, MT 59715 ' Phone: (406) 522-7449 4 4 E m ail: scott@dehlendorfgrp.com and barryinbozeman@yahoo.com j 2._PROPERTY OWNER - Name: Green Thumb,Rc Full Address: 1612 Gold Avenue, Bozeman, MT 59715 Phone: (406)587-5891 Email: HelpDesk@PlanetNatural.com r 2. PROPERTY OWNER . Name: Turczyn Jump,Uc Full Address: 2712 Daisy Drive, Bozeman, MT 59718 Phone: (406)586-3493 Email: admin@l'onemountain.bii ` 5. PROPERTY Full Street Address: 1285 North Rouse Avenue, Bozeman, MT 59715 Full Legal Description: Minor Subdivisions 391B, Imes Addition to Bozeman:Tracts 1,2A,3,4,5A and PLL1 Current Zoning: B-2 Current Use: Mixed Use Community Plan Designation: Regional Commercial and Services 16 STATISTICS (ONLY APPLICATION TYPES'2-12,.17, 25 AND 27) Gross Area: Acres: 3.02 Square Feet: 131,551 Net Area: Acres: 3.02 Square Feet: 131,551 Dwelling Units: 0 Nonresidential Gross Building Square Feet: 36,744 The Cannery District-Final PUD Application Cannery District Partners Page 10 I � xr_ I I CITY OF FL7BYIN OLSIT Er R[�IPT OPEF: PRUT-PSi y-p2: EP I j Date: 3/10/16 01 receipt no: IZBEffi Year NkDber ,-aunt MI'1 8-2 PZ PLAMIC &ZONI% $4 -2135 CANNERY DISSIRICT PWR E 6 Tender detail a CHEEK 16314 s473,35 Total tented $4Tcy?9.35 Total payment s47�3.35 Trans date: 3/10/16 Tiue: Iq:55:51 THMK YCIdi • .. Overlay ❑ Neighborhood Conservation © Entryway Corridor ❑ None District: Urban • Renewal ❑ Downtown ❑ North 7" Avenue ❑ Northeast ® None District: 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 25 AND 27) Gross Area: Acres: 12.22 "' Square Feet: 533,146 Net Area: Acres: 11.81 Square Feet: 514,250 Dwelling Units: 0 Nonresidential Gross Building Square Feet: 160,128 ` ` 7. APPLICATION TYPES Check all that apply, use noted Form Form forms. ❑ 1. Pre-application Consultation None ❑ 17. Informal Review INF ❑ 2. Master Site Plan MSP ❑ 18. Zoning .Deviation None ❑ 3. Site Plan SP ❑ 19. Zoning or Subdivision Z/SVAR Variance ❑ 4. Subdivision pre-application PA ❑ 20. Conditional Use Permit CUP ❑ 5. Subdivision preliminary plat PP ❑ 21. Special Temporary Use STUP • ; - Permit ❑ 6. Subdivision final plat FP ❑ 22 Comprehensive Sign Plan CSP ❑ 7. Subdivision exemption SE ❑ 23. Zoning Verification ZV ❑ 8. Condominium Review CR ❑ 24. Regulated Activities in RW Wetlands ❑ 9. PUD concept plan PUDC ❑ 25. Zone Map Amendment (non ZMA Annexation) ❑ 10. PUD preliminary plan PUDP ❑ 26. UDC Text Amendment ZTA ® 11. PUD final plan PUDFP ❑ 27. Growth Policy Amendment GPA ❑ 12. Annexation and Initial Zoning ANNX ❑ 28. Modification/Plan MOD Amendment . ❑ 13. Administrative Interpretation AIA ❑ 29. Extension of Approved Plan EXT Appeal ❑ 14. Administrative Project Decision APA ❑ 30. Reasonable RA Appeal Accommodation ❑ 15. Commercial Nonresidential COA CCOA ❑ 31. Other: ❑1 6. Historic Neighborhood NCOA Conservation Overlay COA . 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate. B. Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine . if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin staff review immediately or be scheduled for Development Review Committee review in ten working days from the application deadline. Development Review Application Al Page 2 of 3 Revision Date 4-27-15 Required Forms: Varies by project type Recommended Forms: , I Presentation of submitted plans and specifications C. Application materials Xr , be submitted for each application as sown in the specific guidance and checklists that is provided for each application type. A common development review application form and common notice materials may be provided for an application that includes more than one application type. All other application materials shall be submitted for • each individual application type per the project guidance and checklists. 9. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by,the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative's access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certification of Completion and Compliance — I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan — I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. Applicant Signature: Printed Name: Scott Dehle n trict Partners,llc Owner IV Signature: Printed Name: Scott Dehlendorf,Cannery District Partners, llc Owner Signature Printed Name: If signing as a corporation, please provide the title and position of the individual signing on behalf of the corporation. Attach separate sheets for additional owner signatures. s w_ CONTACT US - Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263 PO Box 1230 plan ning@bozeman.net Bozeman, MT 59771 www.bozeman.net Development Review Application Al Page 3 of 3 Revision Date 4-27-15 Required Forms: Varies by project type Recommended Forms: I Presentation of submitted plans and specifications *NNED UNIT DEVELOPMENT CHECOT • 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 4. Stormwater Management Permit Application required ❑ ❑ ❑ 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 8V2-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 future ownership of•all ❑ ❑ ❑ or portions of the planned unit development f. Estimate of number of employees for business, commercial and industrial ❑ ❑ ❑ uses g. Description o= 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 38.20.090 (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., ❑ ❑ rEl home/business utilities,transportation fuel,waste recycling) Page 3 (PIJII Ch kikt—P—p—d 1212/01-r i-d 9/7.1/n4 • kM 11/14/11) • rl+aEwsmeey�vssrrd¢c�reterraauny PUXafsppbtaWn Cannery District Partners Page 13 PUD Preliminary Plan Irlwation,continued 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: 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 fl ❑ ❑ 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 38.41.120.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 title relative to subdivisions,shall be submitted 7. Not withstanding the waiver provisions of Section 38.41.080.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. 'ne Director of Public Service may require the traffic impact analysis to include the information in Section 38.41.050.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 38.38.020 (Property Owners Association),BMC shall be submitted with the preliminary plan application 10. Stormwater Management Permit Application required ❑ ❑ ❑ Page 4 The Cannery District-Final PUD APPLication Cannery District Partners Page 14 C. ® Planned Unit D&nment—Final Plan. The following informl*nd 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 [R ❑ ❑ 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 IN ❑ ❑ 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 El approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 38.26 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 38.26(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 the maintenance of open space, meeting the requirements of Section ® ❑ ❑ 38.38.030(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 7• Stormwater Management Permit Application required ❑ ❑ IR Page 5 The Cannery District-Final PUD Application Cannery District Partners Page 15 • Application Checklist "Not Applicable" Narrative 0 Z E M.1 ti CANNERY (B.10) Stormwater Management Permit Application required D I S T R I C T Stormwater Management Permit Application will be 1 1 1 submitted prior to construction. M o N T A N P Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 17 3.01 Nirative in Response t9 Preliminary PUD Conditions • of Approval OOZEMgti MEMO CANNERY Date: March 8, 2015 D I S T R I C T Subject: The Cannery District Planned Unit Development/Preliminary Approval M ON T A�A P #15038 Attention: Brian Krueger, Development review Manager City of Bozeman, Department of Community Development From: Ben Lloyd,Architect RE: Narrative stating how conditions of preliminary plan approval and noted code provisions have been addressed. The following conditions and noted code provisions have been addressed or responded to as noted: Item: Condition: Response: 1 The applicant is advised that the unmet code Acknowledged by owner and provisions, or code provisions that are not applicant. specifically listed as conditions of approval, does not, in any way,create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2 The proposed covenants shall include a section The proposed Covenants include which clearly indicates those portions of the this language as required;see covenants which were relied upon for the approval Section 16.2-Amendment. of the PUD.This section shall restrict those portions from alteration without written approval of the City of Bozeman. 3a-b The requested relaxations to the following sections are granted as proposed in the application materials and shall be reflected in the final PUD plan,design guidelines, and associated documents as approved. a)38.10.040 Commercial,Lot area and Width-to reduce lot area and width to allow lots configured as building pads. b)38.10.050 Commercial Yard Setbacks-to reduce setbacks to zero to allow building pads to accommodate the building foundation only and to • reduce the front yard setback requirement along Oak Street from 25 feet to 10 feet. Comma-Q. Architecture The Cannery District-Final PUD Application Cannery District Partners Page 19 3c-k c)38.17.060 Entryway Corridor Overlay Setbacks-to The relaxations have been reduce the corridor overlay setbacks from 25 feet to added to the Final PUD Design g z E M ti 10 feet. Guidelines; see Section 1.03—• MPUD information. CANNERY d)38.24.090 Lot Frontage(38.23.030)-to allow D I S T R I C T some lots to not front on the public or private street i I i or alley with greenway corridor. M ON T A�A P e)38.24.090-3 Access Space Requirements-to allow the distance between accesses along an arterial street to be reduced below code requirements. f)38.25.040 Parking Space Requirements-to allow an overall 15%reduction to the parking space requirements. g)38.26.050 Unbroken Rows of Parking-to allow for longer rows of parking spaces unbroken by interior landscape islands. h)38.28.070 Wayfinding Signage-to allow wayfinding signs for a district less than 30 acres. i)38.10.020 Residential Use on the Ground Floor-to allow residential uses on the ground floor in the B-2 zoning district. j)38.28.060 Building Frontage as applied in sign area calculations-to allow designated/fixed sign square footage for lots that do not have building frontage on a street. k)38.10.060.A.2 Building Height-to allow Building E on site a maximum height of 59 feet exceeding the maximum height allowed in this location by 2 feet. 4 No property may be removed from the covenants The proposed Covenants once established without written approval from the address this requirement;see City of Bozeman. Section 12.4—Withdrawal of Property. 5 All portions of Tracts 1, 2 and 3A of COS 21286, Acknowledged. Lots will be Tract on COS 2548 and Portions of Block 2 of Imes aggregated or reconfigured as Addition(Plat C41) north of Oak Street shall be required prior to final site plan aggregated and/or the common boundaries of said approval for any future phase. lots shall be reconfigured through the applicable subdivision review process to accommodate the project prior to subsequent final site plan approval for any individual phase. 6 Utility easements shall be provided for as shown Utility easements are shown Comma-Q on sheet C6.0 either through individual recordable on C6.0,see Design Guidelines Architecture documents or through the subdivision exemption Attachment 3,and has been The Cannery District-Final PUD review process prior to final site plan approval for any provided on the plat, see Application Cannery District Partners individual phase. Appendix 2. Page 20 7 A notice prepared by the City shall be filed A general notice has been concurrently with the final plat so that it will appear provided on the plat,see • on title reports. It shall read substantially as follows: Appendix 2. The City supplied o z E "'q Lots within the Cannery District are subject to Notice will be filed concurrently specific design standards, unique building setbacks with the Plat. CANNERY from property lines, and restrictions on use. These D I S T R I C T standards may be found in [insert correct reference i I i to design standard location]. Lot owners are advised M P that these are specific to the Cannery District and are O N T A N in place of the general development standards of the city of Bozeman Zoning. If a development standard is not specifically established in the approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Cannery District Planned Unit Development. Modifications are strongly ' discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any building or site design process.Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 8 The City of Bozeman has relied upon the overall The proposed Covenants design standards proposed as part of the planned address this requirement;see unit development application in Part 2 Design Section 9.5—Design Guidelines. • Guidelines.The design standards may not be altered without consent of the City.This restriction shall be included in Section 9 of the covenants. 9 The applicant shall submit with the application for A written narrative stating Final Plan review and approval, a written narrative how each of the conditions of stating how each of the conditions of preliminary the preliminary plan approval plan approval and noted code provisions have been and noted code revisions are satisfactorily addressed, and shall include a digital submitted here-in. copy(pdf)of the entire Final Plan submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plan,sheet, note, detail, guideline,covenant, etc. in the submittal. 10 The proposed design guidelines shall include a The Final PUD Design Guidelines section on how a ground floor residential component included the required section; shall be designed to transition from public to private see Section 4.02 d—Residential space. Considerations 11 A cast iron tree grate design shall be selected for The Final PUD Design Guidelines the entire development and a detail of that shall be included the required detail; see included in the design guidelines. Sec;see Section 3.01 b—Street and Parking Lot Trees • 12 Scored concrete crosswalks the width of the adjacent The Final PUD Masterplan pedestrian walkways shall be provided across all includes walkways as required. Comma-Q drive accesses and driveways where there is a Walkway design is described in Architecture pedestrian crossing. This detail shall be shown on the design guidelines. The Cannery District-Finai PUD the overall master plan and included in the design APPtication Cannery District Partners guidelines. page 21. 13 The rail trail shall be terminated on the east side of The Final PUD Masterplan the site at North Rouse Avenue on the south side of addresses termination of the rail 6 Z E M q ti E Lane in lieu of the standard sidewalk shown on the trail. I*master plan. CANNERY 14 The final lot configuration will not be clear until future Mutual access easements have D I S T R I C T applications are complete.The applicant will need been provided on the plat,see to provide mutual access easements across all Appendix 2. M 0 N T A PIdrive accesses and walkways as necessary to allow vehicular, pedestrian,and bike traffic across the project.Additionally,drainage course easements shall be provided as necessary for all drainage courses and stormwater facilities to allow all property owners access to facilities for maintenance.Alternatively, accesses and stormwater facilities may be placed in a common lot allowing access to all users in.the property owners'association. 15 The proposed 10-inch sewer main in the northeast This work will be done in the part of the project will be constructed during Phase next construction phase. 1. However,other Phase 3 improvements will not be constructed during Phase 1.A minimum 12-foot wide,temporary all-weather surface must be located over the sewer main until the Phase 3, F Lane is constructed. 16 The proposed utility easements do not appear to Utility easements placed arounL� include the fire hydrants.The utility easements must the fire hydrants have been be placed around the fire hydrants. provided to the City separately. 17 The applicant should be advised that the latest Acknowledged update to the City of Bozeman Wastewater Collection Facilities Plan Update(June 2015) identified two downstream sewer mains, known as the North Frontage Road Bottleneck,that are approaching capacity. Timing for the project phasing 2-4 may be impacted if that sewer main capacity is reached,due to the current growth rate in the City, prior to approval of phases 2-4 and upgrades to the mains have not yet been completed. Comma-Q • Architecture The Cannery District-FinaL PUD Application Cannery District Partners Page 22 18 The traffic impact study for the project identified the This condition will be met at the need for two left-hand turn lanes associated with the time of Phase 2 construction. • accesses off Oak Street.The City is in the preliminary 0 0 Z E M Q ti design process to construct improvements to Oak M Street.The turn lanes must be coordinated with the CANNERY City's design. However,that portion of Oak Street D I S T R I C T may not be reconstructed within the timeframe of the I i proposed project. If Phase 2 of the proposed project M P is constructed prior to completion of the City project, ° N T a N the left-hand turn lanes must be constructed by the applicant or cash equivalent funding be provided to the City.The cost of incorporating the turn lanes will be the responsibility of the cannery District developer. Timing for construction of the City's Oak Street project at this location is currently not defined. 19 The traffic impact study for the project identified the The traffic impact study for the need for a left-hand turn lane for the existing Cannery project identified the need for Access off Rouse Avenue.The Montana Department a left-hand turn lane for the of Transportation(MDT) is planning upgrades to that existing Cannery access off section of Rouse Avenue.The proposed turn lane Rouse Avenue.The Montana must be coordinated with MDT by the applicant. Department of Transportation (MDT)is planning upgrades to that section of Rouse Avenue. The proposed turn lane must • be coordinated with MDT by the applicant. 20 A mid-block crossing of Oak Street will likely be Phase 2 site improvements will constructed in the future at the intersection with include conduit as necessary. the D Lane access and the proposed fairgrounds access for safe pedestrian crossing. Conduit should be placed as necessary for a future signal at that crossing. 21 The applicant must submit an application to vacate N. An application to vacate N. Montana Avenue right-of-way(ROW)and the former Montana Ave ROW will be Oak Street ROW that intersects N. Montana Avenue submitted prior to Phase 2 site and E. Oak Street.The streets must be vacated prior plan approval. to Phase 2 FSP approvals. 22 Section 38.23.180 of the BMC requires provision for Acknowledged. The provision water rights or cash in lieu thereof.This provision will be met prior to future phase shall be satisfied prior to FSP approvals for individual Site Plan approvals. site plans.The Annexation District Agreement for Cannery District Property defined that water service has historically been provided for Phase 1 and as such does not require provision for water rights or cash in lieu thereof. However,the Agreement requires provision for water rights or cash in lieu thereof for • Phases 2, 3 and 4.This shall be demonstrated prior to individual, FSP approval for each phase. Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 23 23 The geotechnical report for the project identified the Acknowledged. The provision need for corrosion protection due to highly corrosive will be met prior'to future phase e Z E M q ti soils for all metal piping including mains and services. Site Plan approvals. • The civil engineer for the project must define the CANNERY required corrosion protection prior to FSP approvals D I S T R I C T of individual site plans. 1 24 The geotechnical report for the project identified the Acknowledged. The provision M O N T P P need to increase the depth of crushed rock under the will be met prior to future phase sidewalks due to the soil conditions of the site.The Site Plan approvals. subgrade for public sidewalks shall be constructed per the recommendations in the geotechnical report. A Section 38.23.150.D.7.e BMC requires that all The Final PUD Common Open outdoor lighting shall be designed and located Space Lighting Photometric Plan such that the maximum illumination measured in complies with this standard. See footcandles at the property line shall not exceed 0.3 Design Guidelines,Attachment onto adjacent residential properties and 1.0 onto 4. commercial properties and public right-of-way.The photometric plan submitted does not comply with this standard. B Plans and specifications for any water, sewer and/ Acknowledged or storm sewer main extension and Public Streets • (including curb/gutter and 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 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. C Building permits will not be issued prior to City Acknowledged acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.39.030.D of the Bozeman Municipal Code(BMC)are met to allow for concurrent construction. Comma-Q • Architecture The Cannery District-Final PUD Application Cannery District Partners Page 24 D All construction activities shall comply with Section Acknowledged 38.39.020.A.2 of the BMC.This shall include routine • cleaning/sweeping of material that is dragged to e 07 E M 4 a adjacent streets.The City may require a guarantee as allowed for under this section at any time during CANNERY the construction to ensure that any damages or cleaning that are required are complete.The D I S T R I C T developer shall be responsible to reimburse the City P P Y M P for all costs associated with the work if it becomes ° N T P necessary for the City to correct any problems that are identified. E The Gallatin County Conservation District, Montana Acknowledged Department of Environmental Quality,and the U.S.Army Corps of Engineers shall be contacted regarding the proposed project and any required permits(i.e., 310,404,Turbidity exemption,etc.)shall be obtained and provided prior to final site plan(FSP) approvals. F Plans and specifications for any fire service line Acknowledged must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer 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. Fire service plans(and domestic services 4"or larger) shall be a standalone submittal, separate from the FSP. Fire services shall be shown,with sizes labeled, on the FSP from main to building and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. G Proposed water/sewer mains,services and hydrants Acknowledged shall be a minimum horizontal separation of 10'to landscape trees. • Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 25 y � r Table Of Contents" 0 Z E`M,1 m Part 1 - Final PUD Information CANNERY 1.01 Final PUD Narrative 3 D I S T R I C T 1.02 Owners and Applicants 7 1 I I Figure 1.1 -Site Illustration M P 2.01 Development Review Application 21 O N T AN 2.02 Planned Unit Development Checklist 23 2.03 Application Checklist"Not Applicable"Narrative 37 3.01 Narrative in Response to Preliminary PUD Conditions of Approval 43 Part 2 - Design Guidelines" Team Contact Information 1 Section 1 - Project Overview 3 1.00 Project Overview 5 1.01 Improvements Schedule 9 1.02 Project Uses 11 1.03 PUD Information 13 Table 1.01 - Land Use Data Figure 1.01 - Open Space Plan Section 2 - Site Guidelines 19 2.00 Site Design Overview 21 2.01 Site Signage 13 2.02 Access Circulation and Parking 25 2.03 Pedestrian Access and Open Space 27 2.04 Site Grading and Drainage 29 2.05 Utilities,Communications and Refuse 31 2.06 Site Lighting 33 Section 3 - Landscape Design Guidelines 37 3.00 Landscape Design Overview 39 3.01 Vegetation 41 3.02 Hardscape 43 3.03 Maintenance 59 . Section 4 Building Design 63 4.00 Building Design Overview 65 4.01 Dimensional Considerations 69 4.02 Programmatic Considerations 63 4.03 Building Exterior 77 4.04 Building Lighting 83 4.05 Building Signage 85 Section 5 - Submittal Review Requirements and Procedures 93 5.00 Design Review Process and Requirements 95 Figure 5.01 -Viewsheds Design Guideline Attachments Attachment 1 -Cannery District Master Plan Attachment 2-Shared Parking Tracking Sheets Attachment 3- Plans Set Attachment 4-Common Open Space Lighting Information Attachment 5- Comprehensive Sign Plan (� Appendices • Appendix 1 - Certification of Ownership(Platting Certificate) Appendix 2 - Preliminary Survey Comma-Q Appendix 3 - Covenants Architecture The Cannery District-Final PUD Application Cannery District Partners 1.01 Introactory statement • The Cannery District is a proposed multi-phase o z E M.4 Planned Unit Development(PUD)on 12.24 acres along the north side of East Oak Street and Rouse Avenue. The preliminary review of this project was completed CANNERY and conditionally approved by the City of Bozeman D I S T R I C T Commission on November 9,2015. The conditions of approval are met in this final PUD application. M� NTANP The following Final PUD application is comprised of the following parts: Application Materials: This section includes the Development Review Application and the Final PUD application as well as the Narrative in Response to the Conditions of Approval. Other introductory and informational materials are also included in this section. Design Guidelines: The design guidelines have been amended to include items required by the conditions of approval. Other revisions to the design guidelines include the following: -Revisions to the requirements for building materials per the owner's requirements. -Revisions to the design review procedures per owner requirements and to coordinate with the covenants. -All tables and area information updated to reflect current uses. Attachments have been added to the design guidelines. These include all PUD plans sets,site lighting information and sign plans. Appendices: Items that will be recorded or monumented separately are attached to the application as appendices for reference. Comma-Q Architecture The Cannery District-Final PUD 't Application Cannery District Partners Page 3 1.02*wners and Applicar& • Owner/ Developer: o z E M q e ti Cannery District Partners,llc m Scott Dehleridorf, Barry Brown 1(406) 522-7449 1 CANNERY scott@dehlendorfgrp.com I Bozeman, Montana D I S T R I C T III Montana Avenue Partners,llc M 0 N T A P Scott Dehlendorf, Barry Brown 1(406) 522-7449 1 scott@dehlendorfgrp.com I Bozeman, Montana Green Thumb,llc Eric Vinje 1(406) 542-8838 1 Bozeman, Montana Turczyn Jump,llc Jeffrey and Suzie Turczyn 1(406) 586-3493 1 admin@lonemountain.biz I Bozeman, Montana Architect: Comma-Q Architecture Ben Lloyd,AIA, LEED AP I(406) 585-1112 1 • ben@commaq.com I Bozeman, Montana Civil Engineer: Stahly Engineering&Associates, Inc Cordell Pool, P.E. 1(406) 522-9526 1 cpool@seaeng.com I Bozeman, Montana Landscape Architect: Design.5 Landscape Architecture Troy Scherer, RLA,ASLA 1(406) 600-03421 troy@design5la.com I Bozeman, Montana Landscape Designer: Linda Iverson Landscape Design Linda Iverson 1(406) 932-5840 1 lilandscape@mtinthouch.net Big Timber, Montana Electrical Engineer: Consulting Design Solutions,Inc. Scott Elders 1 (406) 382-7082 1 selders@cdsiengineering.coml Manhattan, Montana Comma-Q Architecture The Cannery District-Final PUD AppLication Cannery District Partners Page 5 CANNERY D I S T R I C T III M0NTPNP Design Guidelines Cannery District Partners, llc W M. r- s� I c��1HEfA�y _ �• .ESLa C STAHLYJ DESIGN.5 Comma-Q �9ffonetES` landscape architecture Architecture Table Of Contents 60 Z EE M q m Part 2 - Design Guidelines CANNERY Team Contact Information 1 D I S T R I C T Section 1 - Project Overview 3 1.00 Project Overview 5 M 0 N T P, P 1.01 Improvements Schedule 9 1.02 Project Uses 11 1.03 PUD Information 13 Table 1.01 - Land Use Data Figure 1.01 -Open Space Plan Section 2 - Site Guidelines 19 2.00 Site Design Overview 21 2.01 Site Signage 13 2.02 Access Circulation and Parking 25 2.03 Pedestrian Access and Open Space 27 2.04 Site Grading and Drainage 29 2.05 Utilities,Communications and Refuse 31 2.06 Site Lighting 33 Section 3 - Landscape Design Guidelines 37 3.00 Landscape Design Overview 39 3.01 Vegetation 41 3.02 Hardscape 43 3.03 Maintenance 59 Section 4- Building Design 63 4.00 Building Design Overview 65 4.01 Dimensional Considerations 69 4.02 Programmatic Considerations 63 4.03 Building Exterior 77 4.04 Building Lighting .83 4.05 Building Signage 85 Section 5 - Submittal Review Requirements and Procedures 93 5.00 Design Review Process and Requirements 95 Figure 5.01 -Viewsheds Design Guideline Attachments Attachment 1 -Cannery District Master Plan Attachment 2-Shared Parking Tracking Sheets Attachment 3- Plans Set Attachment 4-Common Open Space Lighting Information Attachment 5-Comprehensive Sign Plan • Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Pagel Project Team 0 p Z E M,q/ Developer: CANNERY Cannery District Partners,ttc D I S T R 1-C T Scott Dehlendorf 1(406)522-7449 1 scott@ I ( I cannerydistrict.com I Bozeman, Montana M ON T A N P Barry Brown I barry@canneryd'istrict.com I Bozeman, Montana Architect: Comma-QArchitecture Ben Lloyd,AIA, LEED AP 1(406) 585-1112 1 ben@commaq.com I Bozeman, Montana Comma-Q Civil Engineer: Architecture Stahly Engineering&Associates,Inc Cordell Pool, P.E.1 (406)522-9526 I ��6�HEEAjyc cpool@seaeng.com I Bozeman, Montana STAHLY Landscape Architect: 9ff0(�pTESC�` Design.5 Landscape Architecture Troy Scherer, RLA,ASLA 1(406) 600-03421 troy@design5la.com I Bozeman, Montana - DESIGN.5 Landscape architecture Landscape Designer: Linda Iverson Landscape Design Linda Iverson 1(406) 932-5840 1 lilandscape@mtinthouch.net 1 0 Big Timber, Montana C 11 S ENGINEERING Electrical Engineer. YiON 0540 CR0RCRLL\RD. Y\R R\116R.Y1 59,11 IR061 2 61.0062 WWW.COSILRGINEERIR6.COM Consulting Design Solutions,Inc. Scott Elders 1 (406) 382-7082 1 selders@cdsiengineering.coml Manhattan, Montana Geotechnical Engineer Allied Engineering Services, Inc I Craig Madson, P.E. 1(406) 582-0221 1 craig@alliedengineering.com I Bozeman, Montana • Comma-Q Architecture The Cannery District-Final PUD Application cannery District Partners Page 1 • 00Z E M � ti Section 1 CANNERY Project Overview D I S T R I C T M ON T PA N P Cannery District Planned Unit Development Final PUD Application Cannery District Partners, llc 1.00loroject overview J Project a. Overview Overview The Cannery District is a vibrant and unique 00 Z E M 4 development, located in Bozeman's core, that celebrates the site's industrial past while utilizing progressive development strategies. CANNERY The Cannery District is not a greenfield D I S T R I C T development. The development revitalizes an under-utilized former industrial site adding Mo a P density to Bozeman's core. It builds upon the history of the site by re-purposing existing buildings while adding complementary new construction. It also creates well defined common spaces, some of which occupy unique 'found'spaces such as the water tower plaza and the 'alley'. Further, it references former functions in site design with elements such as the 'SpurTrail' . The result is a development that has its own unique and authentic character. The over-arching design objectives that should guide all site, landscape, and building.design at the Cannery District are: • Maintain honesty in design with regards to function, materials &structures. The form of the development and individual components should reflect its historic industrial/agriculturalfunction AND its current function as a progressive multi-use development. Materials should remain true to the nature of the material, no look-alike materials. Exposed structure should be efficient and authentic. • Positive user experience should motivate all design decisions. Navigating the development by foot or vehicle should be safe and intuitive for all users. Common spaces should be comfortable and inviting. There is a certain interest and charm attached to the existing buildings and their history which creates a place both intriguing and inviting.This must be maintained as the existing built environment is re-purposed for contemporary uses. b. Intent of Guidelines It is the goal of this Development Manual to set the standards forthe planning, design and construction of The Cannery District. All entities,from individual Tenants,to the Owner, to the City of Bozeman,will use this document as a set of guidelines for creating a quality • development that builds upon a unique area in Bozeman's fabric. Any un-met Lode provisions, Comma-Q or code provisions that are not specifically Architecture Listed, does not in any way create a waiver or The Cannery District-FinaL PUD other relaxation of lawful requirements of the AppLication Bozeman Municipal Code or Montana State law. Cannery District Partners Page 5 Project W. • Overview The renderings, plans and diagrams contained throughout this Development Manual are based 90 Z E M.4 N on preliminary schematic design of the project. While they exhibit the project's overall design intent,they do not present in its entirety,final CANNERY site conditions, landscaping or building location D I S T R I C T and architecture. Photos throughout this I ( I document are used only to visually emphasize M 0 N T A vk P points within the text. c. Location and Underlying Zoning The Cannery District is located on 12.22 acres along the north side of East Oak Street and west of Rouse Avenue. The property is bounded by Interstate 90 to the north. The Cannery District is located within the Oak Street, Rouse Avenue and Interstate 90 entryway corridors. Prior to development,the Cannery District property consisted of several parcels of land, some located within the City of Bozeman and others in the Gallatin County. As development progresses, parcels will be annexed into the City. As such,the entire Cannery District property is anticipated to be within the City's B-2 Zoning. d. Site History The Cannery District, along with the Northside Development, revitalizes property initially held by three entities.All of these properties have played an important roll in Gallatin Valley's agricultural and industrial past. The Northside Development property sits at the former location of Montana Flour Mills. oil i `• F 1y Comma-Q Architecture ' The Cannery District-Final PUD Application Cannery District Partners Historic Photos Courtesy of the Pioneer Museum Page 6 1 Project t�q ; Overview BOZEA/HN CHNN.NG CO. O Z E M 4 A/ CANNERY D I S T R I C T I; CNNNLO GooOJ W,//p I I I I M o N T A P I f7brnc _ R 'd �a Fl"AA E. OAK T��o----- W-] 2 Scale o°f Feet. 142. lT3' FA/R GROUNO3 B r YONO o 1928 Sanborn Map --• The central portion of the Cannery District property, located to the west of the Northside Development, was initially developed by local entrepreneurs T.B. Story, Lester P Work, and LL Brothertone who built and incorporated the Bozem2 n Canning Company in 1917. The factory opened in 1918 with a successful packing of 16,564 cases and by the 1923 season the Canning Company shipped 326,000 cases across the Country. Bozeman Canning Company packed the peas of Gallatin County, "The Sweet Pea ' Capital of the Nation;' unti11958 when a series of even-s including hail, drought, and blight damaged the pea crop.These events coupled with the advent of frozen vegetables rendered the Cannery financially inviable. The portion of the Cannery District directly North of the Northside PUD was formerly owned by the Northern Pacific Railroad, an entity that played a prominent role in the history of the Pea Cannery. Four sets of railroad tracks were historically located on the Pea Cannery property. Three of these tracks were "industrial spurs" used to transport coal and materials to the site and to ship finished product to market. The fourth set of tracks served the Milwaukee Railroac's electric trolley system which ran from downtown Bozeman and terminated at the Pea Comma-Q Cannery. Architecture The Cannery District-Final PUD Application Cannery District Partners Page 7 1.01 Onprovements Scheele Improvements a. Phased PUD Schedule • The Cannery District PUD consists of four o Z E M 4 0 phases,with each phase consisting of 2 or . A/ more building pad site lots. The proposed PUD # phasing applies to core common open space CANNERY infrastructure, such as access, parking, and D I S T R I C T utilities. The attached phasing diagram shows I I proposed PUD phasing. ,y P Within each PUD phase, building pad site lots N T AN may be developed individually, with each building undergoing site plan review. At the time of pad site development,the site plan review will determine the required common open space PUD improvements necessary to support completion of that individual building pad site. It is anticipated that the bulk of the common open space improvements will be installed with the first building in each phase. Ancillary common open space improvements not required to support the developed pad site will be provided with subsequent pad site development within that PUD phase. b. Schedule and Scope of Future Phase Applications It is anticipated that future site plan applications will be made as necessitated by planned building construction. Site plan applications will be made for approval of an individual building and those adjacent common space improvements required for approval of the proposed building. The scope of each phase will be dependent upon the requirements of the individual building. w � 1 HAS ® ® i � o a'. N IN 1£LT `H _ 1 if Q Comma-Q \ Architecture C� The Cannery District-Final PUD Application Cannery District Partners Page 9 1.00 Project Uses Project Uses a. Permitted Uses • The Bozeman Growth Policy identifies the e°z�M.,ti future land use of the Cannery District property IITTII as Regional Commercial and Services. Defined CANNERY as an area for uses providing commercial services to Bozeman, as well as the surrounding D I S T R I C T community,this land use is consistent with uses I I I allowed under the B-2 Zoning designation. Mo N T A N P As such, all uses allowed or conditionally allowed under B-2 zoning will be allowed or - conditionally allowed in the Cannery District PUD. In addition to uses prohibited under B-2 zoning and prohibited by the Cannery District PUD Declaration of Covenants,the following uses will NOT be permitted: • Adult-oriented establishments • Automobile body shop • Automobile parking garage • Automobile service and/or repair facility • Bus or taxi terminal • Carwash • Casinos • Dumping, disposal, incineration,treatment, processing, or reduction of garbage,sewage, offal; dead animals or refuse • Frozen food storage and locker rental • Gasoline sales or sales of other flammable and dangerous materials • Large scale Industrial, manufacturing or agricultural uses. Small scale industrial and manufacturing uses such brewing or distilling facilities or product assembly are allowed with Design Review Board approval. • Laundromat, laundry or dry cleaning facility • Mortuary • Theater • Recycling facility • Vehicle, mobile home, and boat sales and rental • Warehousing or indoor storage of goods or material in quantities greater than normally incidental to the uses permitted. • Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 11 Project Uses B. Anticipated Uses 0 o z E M g ti The Cannery District development team anticipates the following uses at the Cannery District PUD. However, due • many factors including the phased build-out of this property CANNERY (which may take up to 10 years), it is likely these specific uses D I S T R I C T will be modified to meet current market demands. i � i • MONTA0 E Cannery 9,231 4 29,698 L1 West 1644 1397 85%of FA Building Tenant (Retail) L1 6027 3500 seating Restaurant area L2 Office 7217 6134 85%of FA L3 Office 5225 4442 85%of FA L4 Office 4446 3779 85%of FA Common 3773 Area F ICannery 112,020 1&2 116,310 LeveL1 office 1177 1000 85%of FA Complex LeveL1 2516 2139 85%of FA distiLlery (mfr) 500 500 seating area Level 1 retaiL 2774 2358 85%of FA level 1 3289 2796 85%of FA brewery (mfr) 1200 1200 seating area level 2 office 3670 3120 85%of FA Common 625 Area G ICanning 113,760 1&2 119,324 Office 16,741 14,230 85%of FA Warehouse Common 2583 Area H Boiler 1,600 1 2,100 Office 2,100 1,785 85%of FA House J Lone 11,900 1+ 13,400 Health& 11900 10,115 85%of FA Mountain mezz Exercise Gymnastics Expansion Accessory 1500 1275 85%of FA Office K 8,000 1+ 10,720 Retail& 10720 9112 85%of FA mezz Office L 13,250 2 26,500 Office 26,500 22,526 85%of FA . Comma-Q Architecture M 8,000 2 16,000 Office 16,000 113,600 85%of FA The Cannery District-FinalPUD N 5,800 2 10,000 Office 10,000 8,500 85%of FA Application O Cannery District Partners 9,100 2 18,000 Office 18,000 15,300 85%of FA Page 12 TOTAL GROSS AREA 160128 i 1.01f PUD information a. Relaxations • Through the City of Bozeman Department e°7 �M a ti of Community Development PUD process the following relaxations.to the Unified CANNERY Development Code have been granted at the , Cannery District PUD property. (Note:the D I S T R I C T number preceding each relaxation refers to the I I i corresponding section of the City of Bozeman M o N T A a P Unified Development Code.) a) 38.10.040 Commercial Lot area and Width- to reduce lot area and width to allow lots configured as building pads. b) 38.10.050 Commercial Yard Setbacks-to reduce setbacks to zero to allow building pads to accommodate the building foundation only and to reduce the frontyard setback requirement along Oak Street from 25 feet to 10 feet. c) 38.17.060 Entryway Corridor Overlay Setbacks-to reduce the corridor overlay setbacks from 25 feet to 10 feet. • d) 38.24.090 Lot Frontage(38.23.030)-to allow some lots to not front on the public or private street or alley with greenway corridor. e) 38.24.090-3 Access Space Requirements-to allow the distance between accesses along an arterial street to be reduced below code requirements. f) 38.25.040 Parking Space Requirements-to allow an overall15% reduction to the parking space requirements. g) 38.26.050 Unbroken Rows of Parking-to allow for longer rows of parking spaces unbroken by interior landscape islands. h) 38.28.070 Wayfinding Signage-to allow wayfinding signs for a district less than 30 acres. • i) 38.10.020 Residential Use on the Ground Floor- to allow residential uses on the ground floor in the B-2 zoning district. Comma-Q Architecture The Cannery District-FinaL PUD AppLication Cannery District Partners Page 13 0 0 j) 38.28.060 Building Frontage as applied in sign area calculations-to allow designated/fixed 00 Z E M.4 H sign square footage for lots that do not have • building frontage on a street. CANNERY k) 38.'10.060.A.2 Building Height-to allow DISTRICT Building E on site a maximum height of 59 feet i I exceeding the maximum height allowed in this M 0 N T A N P location by 2 feet. B. PUD Performance Points Per the City of Bozeman Unified Development . Code(UNC) All PUDs must earn 20 performance points as described in the UDC. The following table illustrates how the PUD performance points are met: Phase 1 Phase 2 Phase 3 Phase 4 Totals Points Required by 6.15 5.39 5.29 3.18 20.00 phase (b)Additional Open 1.94 3.53 3.98 2.29 11.74 Space (d)Underutilized and 0.66 0.97 1.70 1.12 4.45 brownfield sites (f) Inclusion of a low 1.84 1.62 1.59 0.95 6.00 impact development plan (h)Integrated& 1.23 1.08 1.06 0.64 4.00 coordinated way- finding measures Comma-Q Architecture The Cannery District-Final PUD . Application Cannery District Partners Page 14 Ta6e 1.1 Land Use Date lCannery District - Land Use Data Phase Phase 1 Phase 2 Phase 3 Phase 4 Totats Phase Area(ac) 3.76 3.30 3.22 1.95 12.22 Phase Area(sf) 163,848 143,543 140,076 84,731 532,198 Lot Area(ac) 1.13 0.74 0.65 0.43 2.95 Lot Area(sf) 49,039 32,416 28,319 18,906 128,680 Lot area as percentage of Phase Area 29.93% 22.58% 20.22% 22.31% 24.18% Building Footprint(sf) 36,611 19,900 21,250 14,900 92661 Building Footprint as%of Phase Area 22.34% 13.86% 15.17% 17.59% 17.41% Building Floor Area 65,508 24,120 42,500 28,000 160,128 FAR by phase 0.40 0.19 0.30 0.34 0.31 FAR of overall development 0.13 0.17 0.26 0.31 0.31 Road Right-Of-Way(ac) 0.00 0.36 0.00 0.05 0.41 Road Right-Of-Way(sf) 0 1S,892 0 2,056 17,948 Road Right-of-Way as%of Phase Area 0.00% 11.07% 0.00% 2.43% 3.37% Common Open Space(ac) 2.64 2.19 2.57 1.46 8.85 Common Open Space(sf) 114,809 95,235 111,757 63,769 385,570 Common Open Space as%of Phase Area 70.07% 66.35% 79.78% 75.26% 72.45% Common Parking Area(sf) 71,163 60,946 66,367 36,695 23S,171 Common Parking Area as%of Phase Area 43.43% 42.46% 47.38% 43.31% 44.19% Common Landscape Area(sf) 43,646 34,289 45,390 27,074 150,399 Common Landscape Area as%of Phase Area 26.64% 23.89% 32.40% 31.95% 28.26% PUD Open Space(sf) 8,271 15,047 16,969 9,788 50,075 PUD Open Space(%) 1.6% 2.8% 3.2% 1.8% 9.4% iSpaced Point�'3'+ v' � . y s ;r 5 ;r 4:0 :23 " "11.8 es Provided 214 104 137 62 517 es Required(without reductions) 265 86 145 95 591 Required(with joint use and reduction 207 61 127 86 481 Cumm Spaces Required 207 268 395 481 Cumm Spaces Provided 214 318 455 517 The Cannery District-FinaL PUD Application Cannery District Partners Page 15 • � 07- E Mq � Section 2 �f Site Guidelines CANNERY D I S T R I C T M 0 N T A N P Cannery District Planned Unit Development Final PUD Application Cannery District Partners, llc 2.00*Site Design Overvieo Site Design a. Intent Overview • The intent of these guidelines is to establish o z E M a a framework upon which to base site design t including site layout, circulation and parking, site RI drainage, utilities, site lighting and site signage. CANNERY The intent of these guidelines is not to propose D I S T R I C T design solutions; it is to establish a basis for site I I I design that responds to the history of the site, M o N T A P the site's new function as a progressive mixed- use development, and the surrounding context. b. General Site Design Guidelines In addition to the Cannery District's over- arching design goals(see Section 1.00 - Project Overview), site improvements shall meet the following objectives: 1. Site Design shall provide... - clear and coherent identification of place; - necessary emergency vehicle access; - efficient and appropriately sized vehicle circulation and parking; • - safe, legible, and inviting pedestrian pathways; - spatially-articulated and attractive open spaces; - responsive, low-impact storm drainage; - reliable and convenient utility services; - safe site lighting that adds vitality to the development's nighttime image 2. Coherent outdoor spaces are of primary importance at the Cannery District. Site elements including buildings should be arranged to create clearly defined and attractive outdoor spaces that enhance the user's experience of the Development. .. rya - �� C�,' .£' .� -�� " T�.u.i • 11 ~ � v Y619 ` I r � p Jr • k;. ►: '"" -tp °* °` Comma-Q Architecture ` { Y The Cannery District-Final PUD Application Cannery District Site 0919 Cannery District Partners Historic Photo Courtesy of the Pioneer Museum Page 21 Site Design 0 Overview 9 p Z E M 4 3. Design should be based on function and • i should be economic in its use of materials RI and construction methods. These site design CANNERY methods are intended to result in a site that D I S T R I C T reflects the functionality and economy of i construction evident in the original design of A, P the historic Cannery site. ry T a N 4. Site design should result in a development that has a strong sense of place while remaining an integral and connected part of the surrounding neighborhood. S. Low-impact design as described herein and in the City of Bozeman UDC Section 38.20.090-2-7-f. Other sustainable site design strategies are strongly encouraged. 6. All site design shall be in compliance with City of Bozeman Unified Development Code and the Cannery District PUD. 7. All public areas and buildings shall be accessible per current ADA guidelines. c. Professional Competence • All site design for common space or pad site development shall be done by or under the supervision of a Civil Engineer, licensed to practice in the state of Montana. Comma-Q Architecture i The Cannery District-Final PUD Application Cannery District Partners Page 22 2.015ite Signage r a. Site Signage Site Signage • The following design guidelines govern the design of o z E M 4 all wayfinding signs and signs identifying the Cannery e ti District Development as a whole. Signs identifying individual businesses or buildings that are installed CANNERY by individual pad site owners or building tenants are addressed in section 4- Building Design. D I S T R I C T All site signage will be designed under a i comprehensive sign package to assure aLL site signage M o N T A P is meets the development's over-arching aesthetic. Following are general design criteria for site signage: 1. ALL site signage must comply with the Cannery District Comprehensive Sign Plan. 2. Two pole signs and one low profile monument sign may be installed to identify the Cannery District at each main entry to the site. ' 3. A system of wayfinding signage including directional signs,building ID signs and map directories will clarify route-finding within the Cannery District and will contribute to the deveLopment's sense of place. 4. The design of all signs should be compatible with development's over-arching design guidelines.Sign form, material,texture,and size shouLd comply with building design guidelines (see Section 4- Building Design)and should be integrated with the surrounding site, building,and Landscape design. • _� VARIES — 3 (Y Cn o w_ d n b N BUILDING ID BUILDING ID MAP DISPLAY MONUMENT BUILDING MOUNTED 3'-5" POLE OR LIGHT POST — \ POLE OR LIGHT MOUNTED b POST io y MOUNTED Comma-Q Architecture The Cannery District-Final PUD Application ' Cannery District Partners VEHICULAR DIRECTIONAL PEDESTRIAN DIRECTIONAL Page 23 t� Site S i g n a g e 5. Prior to the fabricating any site sign, a sign permit must be obtained by the City of Bozeman. e o z E M a All site signs and sign lighting must comply • t with City of Bozeman Unified Development m Code requirements and with the project's CANNERY comprehensive sign plan. D I S T R I C T III b. Sign Approvals M o N T A N P All site signs are required to be specifically approved in writing by the Cannery District Review Committee (CDRC)prior to installation. Review of signs shall be in accordance with the Covenants for the Cannery District PUD and the Design Review Procedures described in Section 5 of these Guidelines. 1. Entities applying for signage approvals shall submit complete signage design drawings with sufficient information forthe CDRC to clearly understand signage locations,size,assembly, materials,and lighting. 2. The following information to be included in all signage approval submittals: Elevation drawings of the proposed signage with dimensions indicating the size and Location of the proposed signage. Drawings should include identification of materials, color schemes,and illumination. Detail drawings showing sign fabrication techniques,materials, illumination,and mounting systems. Material samples,when requested by CDRC. Comma-Q • Architecture The Cannery District-Final PUD Application Cannery District Partners Page 24 2.02 Acc*s Circulation and Paoing Access Circulation and a. Intent Parking • The Cannery District Master Plan outlines o Z E M q proposed access, circulation, and parking. Alternative designs are acceptable,when the function provided remains the same. CANNERY DI STRICT i � ► b. General Guidelines A,ON T A%P The following guidelines address general access, circulation, and parking planning: 1. Parking lot drive aisles should be inter- connected providing numerous circulation routes. Dead end bays should be minimized and restricted to specific parking needs. Drive aisles shall remain unobstructed and accommodate turning movements required by emergency vehicles, delivery vehicles, and snow removal equipment as required. 2. Development strategies that minimize parking, such as mixed uses, bicycle parking and changing rooms, mass transit, and "town bike" programs are encouraged. 3. Transportation via bicycle to and through the Cannery District PUD should,be as accessible, • safe, and convenient as transportation by automobile. Provide appropriate connections to bicycle routes adjacent to the development. Every building shall have associated bike parking in convenient and visible locations. Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 25 Access Circulation & Parking c. Parking Allocation 00 Z E M 4� Parking within the Cannery District is shared • • through a joint-use agreement. It is anticipated RI that the mixed use nature of proposed uses CANNERY will allow individual peak parking demands to D I S T R I C T be accommodated in common shared parking. III Thus, overall district parking requirements will A, P be less than the sum of the individual parking N T A N needs. Parking has been preliminarily allocated to each building and use based on the proposed uses as provided in the Parking Tracking Table in Attachment 2- Shared Parking Tracking Sheets. These allocations are based on preliminary building sizes and'uses and should not be interpreted as a "reservation"for the building. Parking requirements should always be quantified based on a District-wide parking study, in accordance with City requirements, completed with each application, in addition to an updated Parking Tracking Table. It is the intention of the Cannery District that parking allocation remains flexible throughout the life of the project. Ultimately, parking availability may limit the size, use, or re-use of a building. If this occurs, mitigation of parking requirements is encouraged within accordance of City and industry accepted standards. Individual lot owners may be allowed some dedicated parking restrictions, if approved by the Cannery District Property Owners Association,and if the resulting changes make parking use more efficient. An example of this may be accessible spaces, short-term parking, or drop-off parking restrictions near a building's main entry. Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 26 2.03 Pedestria*kccess &and Open SOce Pedestrian a. Primary Pedestrian Access Routes and Open Access and Spaces Open Space 60ZEMQ'IV The Rail Trail,the Tower Trail, and plazas connected by these trails are the primary public CANNERY spaces at the Cannery District(see Cannery District Master Plan). These outdoor spaces D I S T R I C T along with the existing historic structures play a I ( I primary roll in establishing the Cannery District Mo N T P, P Development's strong sense of place and image. As such,the design of these spaces shall be as described in the Landscape Design Guidelines, Section 3.00. b. General Guidelines In addition to these key elements,the Cannery District Master Plan outlines other proposed pedestrian corridors and open spaces. Alternative designs for the other pedestrian elements are acceptable,when the function provided remains the same. The following guidelines direct the design of general pedestrian access and open space elements: 1. Template design of sidewalks and boulevards should be avoided as much as possible. Respectful of its industrial/agricultural past expansive "neighborhood style" sidewalks are not appropriate, and these pedestrian routes shall be clustered into more appropriate defined corridors. 2. The existing unique and interesting outdoor spaces between buildings should be preserved and re-purposed to similarly to the manner in which the existing industrial/ agricultural buildings at the Cannery District are to be re-purposed and revitalized. 3. The pedestrian corridors and open spaces should be of suitable width and dimension to provide a multitude of uses. The corridors shall always provide unobstructed pedestrian and bicycle routes. However,the corridor edges may be used for furniture, art, outdoor seating, bike parking, display of goods, and snow storage. The result is a vibrant and inviting space that provides connectivity through the Cannery District. 4. Pedestrian walkways into and through the Cannery District PUD should be accessible, safe, and convenient. The intent is that • all users may conveniently visit multiple Locations within the development on foot, Comma-Q without returning to their vehicle. Architecture The Cannery District-Final PUD AppLication Cannery District Partners Page 27 Site Grading and Drainage e o z. E M q Al S. Pedestrian crossings at high traffic areas • should be designed for maximum safety. # I For instance, crosswalks should be made CANNERY of a contrasting paving material to the D I S T R I C T surrounding road surface. I 11 6. In keeping with its industrial/agricultural Mo N P N T A heritage,the use of expansive."Lawn" spaces, or otherwise empty green spaces, is inappropriate and should be minimized. 7. Open spaces shall be adjacent to, or bordered by, buildings where a building facade can provide a shelter element. Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 28 2.04 116re Grading and DraiOge Site Grading a. General Guidelines and Drainage Th-2 Cannery District Master Plan outlines o Z E M q the proposed site grading and drainage plan. 0 t 4/ Alternative designs are acceptable,when the RI function provided remains the same. The CANNERY following guidelines direct the design of site D I S T R I C T grading and drainage elements: I ( I 1. Design finished grades to provide positive M P N T A N drainage of all lawns and paved areas. Surface water shall be directed away from buildings per applicable building codes. 2. Parking lot slopes shall be a minimum of.05% and maximum of 4%. Where possible, design parking lots to drain to the naturally lower edge rather than the center. 3. The slope of grass areas should be between 1.5%and 6%. 4. Preserve all useful topsoil. Stockpile topsoil or other materials so as to not interfere with drainage before, during, or after construction. 5. Erosion control methods shall be utilized to prevent siltation onto adjacent properties and into pipelines a. Low-Impact Development The Cannery District will utilize Low Impact Development(LID)design with respect to site storm drainage. The site storm drainage system shF-ll be designed in accordance with City of Bozeman UDC Section 38.20.090-2-7-f. A range of LID strategies may be implemented based on design appropriateness. 1. Drainage of common parking areas should utilize bio-swale retention in landscape islands as much as possible. • Comma-Q Architecture r rt The Cannery District-Final PUD Example of a Bio-swale Application Cannery District Partners L.A.Zoo;photo Ciara Gonzalez Page 29 Site Grading and Drainage 0 0 Z E M g ti 2. Conventional storm water collection mains and retention areas may be also be utilized to provide treatment redundancy for larger CANNERY storm events. D I S T R I C T 3. Pedestrian hardscapes and plazas are I I I encouraged to have adequate permeable M O N T P N P areas to retain runoff from these areas. 4. Where practical, runoff from building roofs is encouraged to be discharged to dry wells, bio-swales, rain gardens, or re-used for Landscape irrigation. 5. A consequence of LID storm water mitigation is the necessary acceptance that storm water treatment facilities will be present and visible in the landscape and not"out of site"or"out of mind". This is especially the case after large storm events. This concept should be embraced by property owners and accepted as part of the landscape of a low impact development. r Example of permeable pavers EP Henry's ECO'"Line of Permeable Pavers Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 30 2.05 Utilities, Colomunications and Rt*se utilities, Communications and Refuse a. Intent 0 o z E M,q Al Site development shall include the provision of M essential utilities and services. The following CANNERY are general utilities, communications and refuse guidelines: D I S T R I C T III Al0NTA�P b. Water and Sewer 1. Water supply for drinking and fire protection and sewage collection shall be provided by City of Bozeman Municipal System. 2. Plans for water and sewer utilities shall be approved by the City of Bozeman and Montana Department of Environmental Quality. 3. Water for landscape irrigation should be provided by on-site wells or storm water re-use systems, and not be supplied by City municipal systems. 4. Water and sewer mains shall be located within easements allowing the regular access to and repair of these facilities. C. Solid Waste 1. Solid waste shall be collected within enclosed on-site containers, screened from view. The design of trash enclosures shall be in conformance with Section 4 - Building Design Guidelines. 2. The Rocation of the trash enclosures and access should accommodate large collection trucks. 3. Recycling is encouraged and materials stored for pick-up should be within enclosures. 4. Trash facilities shall be provided in the common open spaces for pedestrian use. 5. Pet waste collection centers shall be provided for areas anticipated to be.used by pets. • Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 31 Utilities, Communications and Refuse d. Franchise utilities 0 p Z E M g Al 1. Franchise utilities for power, gas, and communication shall be provided to each building site. These facilities shall be CANNERY installed underground where allowed by the D I S T R I C T service providers. I 11 2. Franchise utilities shall be located in, M 0 N T A N P dedicated corridors through the common open space and within utility easements on private lots. 3. Above ground utility service structures such as transformers and junction boxes should not be located along the primary or secondary building facade. 4. Cannery District PUD intends to be involved with the Bozeman Fiber Initiative and have a fiber optic connection to each building. Comma-Q • Architecture The Cannery District-Final PUD Application Cannery District Partners Page 32 2.OWite Lighting . 4 a. General Guidelines Site Lighting The following design guidelines govern the design o Z E M a of Lighting for drive aisles t g g , parking, plaza areas and RI pedestrian routes. Building lighting is addressed in Section 4 - Building Design. CANNERY 1. Site lighting should maintain appropriate light D I S T R I C T levels to provide a sense of clarity and safety I I I for both vehicular and pedestrian movement Mp N T A�P to and through the Cannery District site. 2. Site lighting should be designed to allow the user to experience natural light levels. for example, light should be judiciously distributed so as not to make dusk feel like day or night feel like dusk. In many locations on the site, the user should feel the presence of the dark sky. r.-r. o. - .f. r 4 ' I J �S ~' Comma-Q < Architecture Example of site lighting that allows users to experience natural light levels. The cannery District-Final PUD Application The High Line-LObservatoire International Cannery District Partners Page 33 • Site Lighting 3. Light fixtures should be simple, functional and industrial in character. Concealed. 90 Z E M 4 Al fixtures are encouraged. Decorative light fixtures are inappropriate. 4. Site lighting can be broken down into three CANNERY categories: D I S T R I C T Vehicular-scale lighting: high-mounted, I I I low illumination levels intended for MO N T P, P vehicular ways and parking lots. Pedestrian-scale lighting: Light that is emitted from above the pedestrian level providing illumination of the pedestrian environment. Fixtures mounted 9-14 feet above the ground plane. • Subpedestrian-scale lighting: light that is emitted from a few feet below pedestrian head level.The light that primarily illuminates the ground plane. Fixtures mounted 1-4 feet above the ground and directed down. -� - STEEL ^j WOOD—^ POLE \ STEEL POLE \ b _— \ _— ——--——————— _ 30'TALL 24'DIAM G TALL OONC BASE I / CONIC BASE j 7 a'DIA1.1 PARKING LOT WALL MOUNT RAIL TRAIL POLE BENCH GROUND BOLLARDS WALL POLE LIGHT LIGHT LIGHT LIGHT WASH MOUNT VEHICULAR-SCALE PEDESTRIAN-SCALE SUB PEDESTRIAN-SCALE LIGHTING SITE LIGHTING SITE LIGHTING S. Illumination of the Rail Trail(see the Cannery District Master Plan) shall be lit primarily through pedestrian- scale lighting from pole lights and at wall-mounted at building entries.This lighting should be supplemented by subpedestrian-scale lighting. 6. Pedestrian-scale pole lights shall be installed along the Length of the Rail Trail. Pole-mounted lights should be spaced such that users experience natural light levels as they move down the trail. Pole-mounted lights should be approximately 80 feet apart. Illumination levels shall average between 4 and 6 footcandles. All pole-mounted Comma-Q lights shall be on the same side of the pathway and shall Architecture not exceed 13' in height. Pole-mounted lights shall be The Cannery District-FinalPUD compact, low profile, rectangular type fixtures with Application LED lamps, steel or wood poles, and 6"tall,18"diarneter Cannery District Partners concrete bases. Page 34 Site Lighting O07 EMQ4L CANNERY D I S T R I C T I � ► y �. M0NT AVP Examples of pedestrian-scaled site lighting 7. AU lighting at pedestrian ways and common spaces (except the Rail Trail) should be primarily lit by subpedestrian-scale lighting supplemented by pedestrian-scale wall-mounted fixtures. Illumination at all pedestrian ways and plaza areas except the RailTrail should-be between 1 and 3 footcandles. 8. Minimum parking lot and drive aisle illumination shall be .2 footcandles. Fixtures and poles may not exceed a height of 20 feet and shall be compact, low profile, rectangulartype fixtures with LED lamps and 30"tall, 24" diameter concrete bases. All parking lot lights shall be turned off within one hour of closing. Security lighting is permitted to remain on through the night. 0 9. Security lighting is to be provided as part of the site lighting design such that illumination levels dim to 30%of full output illumination levels at night in public and non-public parking and service areas. 10. All site lighting shall conform to City of Bozeman Unified Development Code standards and shall meet the cut-off shield requirements outlined therein. I v qi p �[V ,� 4•�, t ri ' ' Comma-Q ` Architecture The Cannery District-Final PUD Application �.� �1 _ ry"' '`• Cannery District Partners Examples of subpedestrian-scaled site lighting Page 35 � 07- E Mq4 Section 3 Landscape Design CANNERY ' Guidelines D I S T R I C T M 0 N T A N P Cannery District Planned Unit Development Final PUD Application Cannery District Partners, llc • 3.00 LaOscape Design OverAw Landscape a. Intent Design Overview The intent of the landscape design guidelines is to ensure that o Z E M a • site and landscape development is consistent with the site's ti industrial and agriculturaltypology;to encourage sustainable design that is complimentary to the natural environment of CANNERY the region;to realize the site's new function as a progressive mixed-use development,with an attractive and ecologically D I S T R I C T balanced environment;and to provide positive experiences for I I I adjoining residents and visitors alike. M P 0 N T A� These guidelines provide:the buffering of properties from wind and snow;the screening of parking from residences and pedestrian areas;the enhancement of entry areas to the development and to individual buildings;the conservation of water and the use of native or adapted plant species;and other Landscape design techniques with the goal of creating a unique and inviting environment. b. General Landscape Design Guidelines 1. All landscape designs within the commercial district shall be drawn and stamped by a Landscape Architect Licensed by the State of Montana, or professional Landscape designer with demonstrated native or waterwise plant experience. 2. Landscaping and outdoor improvements must be completed within one (1)year of substantial completion of any or each structure. 3. Landscape themes and treatments should build on the characteristics of the site through the use of naturalized and indigenous plant and exterior materials 4. Native and waterwise plant selection and minimal turf lawn is recommended to reduce water usage. 5. Ensure proper erosion control techniques:All disturbed areas must implement erosion control techniques to ensure on-site and off-site protection. Slope stabilization is required on all slopes 3:1 and greater with Best Management Practices (BMP'S) implemented as necessary. 6. Conflicts with Utilities:All landscape plans . shall clearly illustrate all proposed utilities and infrastructure, both in plan and legend.All Landscaping and irrigation shall begin only after a thorough utility location survey is completed.All planting and irrigation within a utility easement shall begin only after discussing their location with the appropriate utility provider. 7. Landscape Remodels:All landscape remodel projects are to be consistent with the Cannery District design guidelines. Projects will take into account the historical character of the site and will encourage • continued sustainable design. Landscape remodels and additions must be reviewed and approved by the Comma-Q Cannery District Review Committee (CDRC). Architecture 8. Landscape design shall utilize low impact 7heCannerppLicaict-FinaIPUD P 9 P Application development techniques per City of Bozeman UDC cannery District Partners Section 35.26 Page 39 3.01 Veg6ation a. Trees Vegetation Tree and shrub species shall be selected based upon: Z E M • species diversity,adaptability,hardiness,and maintenance e° q ti requirements.The provided species lists shall be used for aLL tree and shrub selections.Alternative species will be CANNERY. considered on a case-by-case basis with the approval of the Cannery District Review Committee(CDRC). D I S T R I C T III Cannery District Tree List M° N T P, P Deciduous Trees: Acerginnala Maple, Amur 'FLame','Embers' Acerfreemanii Maple,Hybrid 'Sienna Glen' Acer negundo Maple,BoxeLder 'Sensation' Acer plantanoides Maple,Norway 'Emerald Lustre','Royal Red', 'Helena' Acer rubrum Maple Red 'Autumn Spire',Scarlet JeweL' Acer saccharum MapLe Sugar 'Green Mountain' Acertataricum MapLe,Tatarian 'Hot Wings' Aesculus gLabra Ohio Buckeye ALnus hirsuta'Harbin' Alder,Manchurian 'Prairie Horizon' Ameliancher grandiflora Serviceberry 'Autumn Brilliance' Betula papyifera Birch,Paper Betula platyphyLLa Birch,Asian White 'Dakota Pinnacle' Caragana arborescens Caragana,Weeping • 'Pendula' Celtis occidentalis Hackberry Crataegus amibigua Hawthorn,Russian Crataegus crus-galli var Hawthorn,Thornless inermis Cockspur Crataegus Laevigata'Superba' Hawthorn 'Crimson Cloud' Crataegus x mordenensis Hawthorn 'Snowbird','Toba' Euonymus bungeana Winterberry 'Prairie Radiance' GLeditsia triancahthos var Honeylocust 'Northern Acclaim','Skyline', inermis 'Imperial' Maackia amurensis Maackia,Amur Malus sp Crab,Flowering Varieties with smaLL,persistent fruit and fireblight resistant Prunus maackii Chokecherry,Amur Prunus padus var commutata Mayday Tree,Birdcherry Prunus ussuriensis Pear, Ussarian 'Mountain Frost','Prairie Gem' Prunus virginiana Red Chokecherry 'Canada Red' Quercus macrocarpa Oak Bur Sorbus aLnifolia Mountain Ash,Korean Sorbus decora Mountain Ash,Showy Sorbus hybrida Mountain Ash,Oakleaf Syringa pekinensis'SunDak' Lilac,Peking 'Copper Curls' Syringa reticuLata Lilac,Japanese Tree 'Ivory Silk','Snowdance' Tilia americana Linden,American 'Boulevard','Lincoln';'Redmond' Tilia cordata Linden,Little Leaf 'Greenspire' Comma-Q Architecture Tilia hybrid Linden, Hybrid 'Dropmore' The Cannery District-Final PUD ULmus americana Elm,American 'Brandon' Application ULmus davidiana varjaponica ELm,American 'Discovery' Cannery District Partners Page 41 Vegetation Cannery District Tree List (CONT'D) 0 p Z E 111,q Evergreen Trees Juniperus scopulorum Rocky Mountain Juniper CANNERYPicea abies Norway Spruce D I S T R I C T Picea engelmannii Engelman Spruce I I I Picea glaca var densata Mackhills Spruce M P ON T A N Picea pungens Colorado Spruce Pinus aristata Bristlecone Pine Pinus nigra Austrian Pine Pinus ponderosa Ponderosa Pine b. Street and Parking Lot Trees The project or site developer shall plant a predetermined mix of approved street trees within the right-of-way as indicated on the site Cannery District Master Plan. 1. The Cannery District Property Owners Association (CDi Association)will maintain all right-of-way trees within the commercial areas. 2. See acceptable street tree list for guidance on tree selection. Species not listed will be considered on a case-by-case basis and must be approved by CDRC. 3. All street trees to be compatible with current City of Bozeman Approved Street Tree list and approved • by City Forester prior to installation. 4. Tree grates are not required. If, because of site conditions,a tree grate is needed,the following grate or approved equal shall be used: Neenah Foundry R-8708 Boulevard Collection Tree Grate Architecture The Cannery District-FinaL PUD Application L Cannery District Partners Page 42 Trees Street/Parking le,o Z E MA • Large Shade Trees Acerplantanoides Maple,Norway Emerald Lustre','RoyalRed' CANNERY Acer rubrum Maple Red 'Autumn Spire',Scarlet Jewel', D I S T R I C T 'Helena', I I I Celtis occidentalis Hackberry AlP Gleditsia triancanthos Honeylocust 'Northern Acclaim','Skyline', ON T A N 'Imperial' Quercus macrocarpa Oak Bur Tiliaam-aricana Linden,American Boulevard','Lincoln','Redmond' Tilia hybrid Linden, Hybrid 'Dropmore' Tilia cordata Linden,Litt.e Leaf 'Greenspire' Ulmus americana Elm,American 'Brandon' Ulmus davidiana var Elm,American 'Discovery' japonica Small Shade Trees: Acceptable in Parking Area Islands Acerginnala Maple, Amur Flame','Embers'(singlestem) Acertataricum Maple,Tatarian 'Hot Wings'(single stem) Aesculus glabra Ohio Buckeye Maackia amurensis Maackia,Amur 'Summertime Prunus padus var Birdcherry or Mayday Commu7ata Tree Prunus ussuriensis Pear, Ussarian 'Mountain Frost','Prairie Gem' Sorbusaucuparia Hawthorn 'Snowbird','Toba','Thornless Cockspur' Syringa reticulata Lilac,Japanese Tree 'Ivory Silk','Snowdance'(single stem) Comma-Q Architecture The Cannery District—Final PUD Application Cannery District Partners Page 43 c. Shrubs Vegetation Shrubs shall be placed within the open spaces and o z E M,q • green spaces throughout the project to provide accents,texture, color, and interest to the landscape. 1. See acceptable shrub list for guidance on shrub CANNERY selection. Species not listed will be considered on a D I S T R I C T case-by-case basis and must be approved by CDRC. I I i M0NTp�P Cannery District Shrub List Deciduous,Shrubs: Water-wise *Montana Native Archtostaphylos uva-ursi* Kinnickinnik Artemisia cana* Sage,Silver Artemisia tridentata* Sagebrush, Big Caragana arborescens Peashrub,Siberian Caragana frutex Peashrub,Globe Caragana pygmaea Peashrub,Pygmy Ceratoides Janata* Winterfat'Open Range' Chamaebatiaria millefollium Fernbush Chyrsothamnus nauseosus* Rubber Rabbitbrush Chyrsothamnus nauseosus'nana'* Rubber Rabbitbrush Dwarf Chyrsothamnus viscidiflorus* Rubber Rabbitbrush green Fallugia paradoxa Apache Plume Ribes aurium* Currant,Golden Rhus arcmatica Sumac'Grow Low' Yucca glauca* Yucca Deciduous Shrubs: Regular Watering *Montana Native Acerginnala Maple,Amur'Emerald Elf' Amelanchier alnifolia* Serviceberry Aronia melanocarpa var.alata Chokeberry,Glossy Black 'Iroquois Beauty' Berberis repens* Oregon Grape Berberis thunbergii' Barberry 'Golden,Emerald','Burgundy' and'Jade Carousel' 'Concorde','Crimson Pygmy', 'Cabernet' Cotoneaster apiculatus Cotoneaster Cranberry Coto neaster•ignavus Cotoneaster,'Szechuan Fire' Cotoneaster lucidus Cotoneaster Peking Daphne x burkwoodii Daphne'Carol Mackie' Diervilla Lonicera Honeysuckle,Dwarf Bush Elaeagnus commutata* Silverberry Euonymus alatus Burning Bush,Dwarf Euonymus alatus Burning Bush Forsythia hybrid Forsythia 'Meadowlark', • Hydrangea arborescens Hydrangea'An nabelle' Comma-Q Hydrangea paniculata Hydrangea'Tardiva' Architecture Jamesiaamericana Waxflower The Cannery District-FinaLPUD Lonicera involucrata* Honeysuckle,Twinberry Application Cannery District Partners Lonicera hybrid Honeysuckle,'Honeyrose' Page 45 Canny District Shrub List (continued)•. Vegetation Deciduous Shrubs: Regular Watering (Cont'd) *Montana Native 0 c Z E M g ti Philadelphus lewisii* Mockorange Blizzard','Cheyenne' Physocarpus monogynus* Ninebark,Mountain • CANNERY Physocarpus opuLifoLius Ninebark 'Center Glow', 'Diablo', 'Summer Wine' D I S T R I C T Physocarpus opulifolius var nanus Ninebark Dwarf Physocarpus opulifolius Ninebark'Nugget' AlN T A N P Physocarpus opulifolius'Seward' Ninebark Potentilla fruticosa* Potentilla Many varieties Prunus besseyi* Sandcherry,Western Prunus besseyi* Sandcherry'Pawnee Butte' Prunus cistena Plum,Cistena Prunus tomentosa Nanking Cherry Prunus triloba Rose Tree of China Rhus trilobata* Sumac Trilobe Rhus typhina Sumac Staghorn Ribes alpinum Currant Alpine,'Green mound' Rosa Hybrids Rose,Shrub Many varieties Shepherdia argentea* Buffaloberry,Silver Spiraea albifLora Spirea Japanese White Spiraea betuLifoLia* Spirea BirchLeaf'Tor' Spiraea cineria Spirea Grefsheim Spiraea fritschiana Spirea'Fritsch' Spiraea japonica Spirea'Golden Elf' Spiraea japonica Spirea'Little Princess' 'Norman','Magic Carpet' Spiraea japonica Spirea'Magic Carpet' Spiraea japonica var.alpina Spirea'Daphne' Spiraea nipponica Spirea'Halwood's Silver' Spiraea prunifolia Spirea'Bridalwreath' Spiraea trilobata Spirea'Fairy Queen' Spiraea x arguta'Compacta' Spirea'Dwarf Garland' ` Spiraea x bumalda Spirea'FroebeL' 'Neon Flash' Spiraea x bumalda Spirea'Goldflame' 'Goldmound' Spiraea x vanhouttei Spi rea'Renaissance' Symphoricarpus albus* Snowberry Syringa hybrid Lilac FairyTale Series 'Thumbelina', 'TinkerbeLle','Prince Charming','Sugar Plum Fairy' Syringa vutgaris hybrid Lilac French Hybrid Many varieties Syringa meyeri'PaLibin' Lilac Dwarf Korean Syringa patina Lilac'Miss Kim' Viburnum dentatum'Christom' Viburnum,Arrowwood'BLUe Muffin' Viburnum Lantana Viburnum'Mohican' Viburnum Lentago Viburnum Nannyberry Viburnum trilobum Viburnum American Cranberrybush Comma-Q Architecture Viburnum trilobum Viburnum Dwf American 'ALfredo','Bailey Cranberrybush Compact' The Cannery District-Final PUD Application Viburnum Lantana Viburnum, 'Mohican' Cannery District Partners Viburnum,dentatum Viburnum,Arrowwood Page 46 Weigela florida Weigetia 'Red Prince' Part 2r—Design Guidelines 1 Cannery District Slob List (continued) Deciduous Shrubs: Wet Areas Vegetation *Montana Native Alnus tenufolia* Alder,Thinleaf e 0 Z E M,4 ti Cornus sericea* Dogwood,Red Twig Cornusalba Dogwood,Yellow Twig 'Buds Yellow' CANNERY Cornus sericea var. Dogwood Colorado Red D I S T R I C T coloradoensis* Osier III Cornus sericea* Dogwood Dwarf 'Isanti', 'Allemans Compact' Cornus alba Dogwood,'Ivory Halo' M M T A P Salix arenaria Willow,Blue Creek Salix purpura Willow,Dwarf Arctic Salix hybrid Willow,Flame Evergreen Shrubs Juniperus chinensis Juniper,Chinese 'Mint Julep' Juniperus communis Juniper Common 'Alpine Carpet','Blueberry Delight' Juniperus horizontalis Juniper,Horizontal 'Blue Chip','Hughes','Prince of WaLeS;Blue Rug' Juniperus sabina Juniper Savin 'Broad moor,'Buffalo', 'Calgary Carpet' Juniperus sabina var Juniper,Tam tamariscifolia Juniperus Juniper Rocky Mountain 'Cologreen';Medora','Wichita scopulorum Blue' Picea abies Spruce,Dwarf 'Little Gem','Birds Nest' • Picea pungens Spruce,Dwarf Blue 'Globosa' Globe Pinus mugo Pine,Mugo 'Tannerbaum','Valley Cushior','Slowmound' Pinus sylvestris Pine,Scotch'Hillside Creeper' Taxus x media Yew,Spreading'Taunton' , a may_ Kinnickinnick Pawnee Butte Sandcherry Dwarf Rabbitbush In • Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 47 Vegetation d. Planting Beds 00 Z E M.4 Planting beds shall be found along side trails and pedestrian corridors, t next to buildings, near site and building entrances, and as a backdrop to • RI plazas, patios, and seating areas. Landscaping and planting beds shall CANNERY act as a unifying element throughout the Cannery District as a whole, D I S T R I C T and shall strive to create unique and interesting spaces through the use i I i of planting elements,while maintaining a visually coherent landscape ,y P and providing seasonal interest. o N T A N 1. See acceptable plant list for guidance on plant selection. Species not listed will be considered on a case-by-case basis. Perennials: Waterwise *Montana Native Achillea hybrid Yarrow 'Moonshine', 'Paprika', 'Terra Cotta' Amemone patens* Pasqueflower Anaphalis margaritacea* Pearly Everlasting Anemone patons* Pasqueflower F'. Antennaria microphylla* Pussytoes, Rosy Artemisia versicolor Sage'Seafoam' Centranthus ruber'Coccineus' Jupiter's Beard Clematis hirsutissima* Clematis SugarbowLs, �z` Vaseflower Example of planting bed Dianthus pinifolius Dianthus, Pineleaf to highlight the site and Geum triflorum* Prairie Smoke • building entrance. Nepeta faassenii Catmint Northside Development Penstemon pinifolius Penstemon, Pineleaf Linda Iverson-Landscape Design Penstemon procerus* Penstemon,Small Flwered Penstemon strictus Penstemon, Rocky Mountain Perkovskia atripLicifolia Russian Sage Salvia nemerosa Salvia 'Cardonna','May Night' Thymus species Thyme'Creeping Veronica Liwenensis Veronica Turkish Saponaria oxymoides Soapwort Saponaria x lempergii soapwort-max Frei' Sedum species Sedum W S s ck Comma-Q +N ,, jX :'; - • Architecture The Cannery District-Final PUD }, Y' Application Cannery District Partners Page 48 Catmint Prairie Smoke Veronica Turkish Perennials: Regularwaterir'e Ajuga Bugleweed Vegetation Alchemilla mollis Lady's Mantle • Amsonia hybrid Amsonia 'Blue Ice' e o Z E M a A/ Aruncus dioicus Goatsbeard Aster dumosus Aster,Woods CANNERY Aster hybrid Aster, Fall Professor Kippenburg', D I S T R I C T 'Tiny Theo' I I I Brunneria macrophylla Brunneria'Jack Frost' M P 0 N T A� Brunneria macrophylla Brunneria Cerastrium tomentosum Snow in Summer Dictamnus albus Gasplant Echinacea purpurea Coneflower 'Harvest Gold''Sunrise', 'Sundown','Magnus' Galium odoratum Sweet Wcodruff Geranium cantabrigiense Geranium 'Biokovo','Karmina', 'Tiny Monster' Geranium hybrid Gera nium'Rozanne' Heliopsis helianthoides v Sunflower, Summer Nights scabra Hemerocallus sp Daylily Heuchera Coral Bells Iris argentea-variegatum Iris,Variegated Iris siberica Iris Siberian'Caesars Brother' Lamium maculatum Lamium • Origanum hybrid Oregano,Ornamental 'Herrenhausen' Penstemon digitalis Pentemon 'Husker Red' Potentilla x hybrid Potentilla Groundcover Rudbeckia fulgida Black Eyed Susan 'Little Goldstar', 'Goldstrum' Scabiosa caucasica Pincushion Flower 'House Hybrids','Fama' Solidago canadensis Goldenrod 'Golden Baby' Solidago rugosa Goldenrod'Fireworks' Stachys monieri Betony'Hummelo' Veronica spicata Veronica Grasses: *Montana Native Bouteloua curtipendula* GramE,Sideoats Calamagrostis brachyticha Feather Reedgrass, Korean Calamagrostis x acutif Lora Feather Reedgrass 'Karl Foester', 'Avalanche', El Durato', Festuca glauca Fescus, Blue Helictotrichon sempervirens Blue Oat Grass Miscanthus sinensis Maiden Grass 'Gracillimus' Molina caerulea subsp Moor Grass Tall 'Skyracer','Tra nspa rent' • arundinacea Purple Comma-Q Panicum virgatum* Switchgrass 'Cheyenne Sky,'Northwind', Architecture 'Shenandoah' The Cannery District-Final PUD Schizachyrum scoparium* Little Bluestem 'Blaze','The Blues' Application Sporobolus heterolepsis* I Prairie Dropseed Cannery District Partners Page 49 s � Vegetation e. Foundation Plantings 9 07 E 1114� The use of foundation plantings shall be limited,their use shall be restricted to screen unsightly foundations and • exposed space under porches or in areas where extreme CANNERY grade changes occur. D I S T R I C T 1. It is highly desirable to accent architectural qualities of I I I buildings with attractive and well-designed foundation M 0 N T A N P style plantings. 2. Foundation plantings may be mounded or massed to accent the entrances to the buildings in the commercial district. --� 3. The placement and use of foundation plantings must be clearly indicated on all landscape plans, and are subject to review by the CDRC prior to installation. I` f. Screening and Buffering Screening and buffering shall be used to mitigate conflicts between dissimilar land uses and to visually disguise unsightly elements as viewed from both within and Example of screening outside of the site boundaries.All mechanical equipment through the use of (including air conditioner condensers, power transformers, landscape elements tv/phone boxes, etc.) must be screened through landscape Northside Development or architectural means. Comma-Q Architecture 1. All plant material used for screening or buffering shall be selected from the provided approved plant lists and should have a minimum mature height 4(four)ft, • within ten (10)years. 2. Berming may be created,where applicable,to mitigate unsightly views, lessen noise from streets and drives, channel pedestrian movements, and provide privacy.All proposed beaming must be reviewed and approved by CDRC prior to installation. g. Open Space Open spaces throughout the project shall strive to k! create places with distinct identities while maintaining a consistent visual language throughout the Cannery District.The open space areas indicated on the Cannery Example of open District Master Plan represent a minimum standard.Any space with a distinct additional open space must also adhere to the design and character within the site standards. -site 1. Pad Site developers shall coordinate the planning and Northside development design of open spaces on the pad site property that Linda Iverson-Landscape Design may be shared by both pad site and common open space uses. 2. Lawns, gardens, eating courts and decks, porches, balconies and plazas(outside of private property) must function as usable public open space. 3. Undeveloped land that remains after construction Comma-Q of the buildings and parking shall not be considered •Architecture functional open space. The Cannery District-Final PUD Application Cannery District Partners Page SO h. Native Seeding .Vegetation The use of native and/or waterwise seeding in the rehabilitation of o z E M q • disturbed areas within the site is encouraged. t 1. All seed areas must be clearly illustrated on the landscape plan and CANNERY approved by the CDRC prior to installation. 2. The use of supplementary irrigation is required for an establishment D I S T R I C T period of 3(three)years in orderto promote growth and weed I I I competition. M o N T A P 3. Mechanicalweed control along with over seeding may be required for all seed areas. Mechanicaland organic methods are preferred to _ chemical methods. t' 4. Any seeding shall be selected from the approved seed mixture list and used in an appropriate environment for indicated seed mixture type.Any substitution to the native seed mixture must be reviewed and approved by CDRC priorto installation. ; 4 ;f1►, , .r Seed Mixes for Cannery District Mowed Native Grass Mix Seeding Rate: Example of native .75/1000sgft seeding of open space %of Mix Common Name Botanical Name Northside Development 80 Fescue Idaho Festuca idahoensis Linda Iverson 20 Bluegrass Canby Poa canbyi -Landscape Design 'Canbar' • Mowed Non-Native Grass/ Seeding Rate: Waterwise 1.5#/1000sgft 100 Fescue Tall'Turf Type' Festuca arundinacea Mowed or Unmowed Non- Seeding Rate: Native Grass/Waterwise .5#/1000sgft 100 Sheep Fescue'Covar' Festuca ovina Non-Mowed Native Grass Seeding Rate: and Wildflower Mix .5#/1000sgft Grasses 10 Blue Grama'Bad River' Bouteloua gracilis 10 Bluegrass Sandberg Poa sandbergii 'High Plains'* 30 Wheatgrass Elymus lanceolatus Streambank'Sodar' 30 Wheatgrass Western Pascopyrum smithii 'Rosana' 20 Fescue Idaho Festuca idahoensis Forbs (can be added to mix Seeding Rate: or broadcast irregularly) 2oz/1000sgft 20 Blue Flax Linum lewisii 40 Prairie Coneflower Ratibida columnifera 20 Indian BlanketfLower Gaillardia aristata 10 Showy Goldeneye Heliomeris multifLora • 10 Showy Fleabane Erigeron speciosa Comma-Q Mowed or Unmowed Grass Seeding Architecture for Shady Places Rate:1#/1000sgft The Cannery District-Final PUD Application 100 Fescue Creeping Red Festuca rubra Cannery District Partners Page S1 Vegetation I. Plaza spaces 90 Z E M q Al Plaza spaces are to be created as unique and interesting places for site patrons though the use of vegetation, public art, seating and gathering areas, and hardscape CANNERY materials. D I S T R I C T 1. Plaza spaces shall be along pedestrian corridors, I I I adjacent to the Rail Trail, or next to buildings. M o N T A N P 2. All public plaza spaces shall remain accessible, barrier free, and inviting for all visitors to the site. 3. Plaza design shall strive to create visually dynamic experiences through the use of vegetative material that honors the site's heritage and character, and encourages plaza use. 4. All planting selections shall be from the approved species list, alterative species will be considered on a case-by-case basis by the CDRC. ,7 ten{ r It I• Example of using plant material to create an interesting public space Northside Development,Linda Iverson-Landscape Design j. Rail Trail The Rail Trail provides an essential east -west pedestrian connection through the entire development (see the Cannery District Master Plan).A consistent visual language through the use of plant and hardscape material throughout the length of the Trail is necessary in order to enhance the Trail's presence within the site. 1. All areas adjacent to the Rail Trail shall be planted in a similar visual language,enhancing the connectivity through the site as a whole. 2. A'perennial drift' style planting shall be used in all (� planting beds adjacent to the Rail Trail, alternative �v planting styles will be considered on a case-bay- case basis by the CDRC. 3. Trail design and installation is to be coordinated with adjoining properties and developers in order to • Comma-Q maintain Trail consistency throughout the site. Architecture 4. All planting selections shall be from the approved The Cannery District-FinaIPUD species list, alterative species will be considered on Application Cannery District Partners a case-by-case basis by the CDRC. Page 52 k. Pedestrian Corridors Vegetation • Pedestrian corridors provide ease of access for o z E M a pedestrian and bicycle traffic through the site. e ti Providing essential north to south connectivity along with enhancing the east to west connection of CANNERY the Rail Trail. D I S T R I C T 1. Planting beds, lawn areas, and open spaces I I I adjoining pedestrian corridors shall be planted M P Ain an inviting and visually appealing manner to N T A encourage their use and indicate their presence for all site patrons. 2. No plant material shall impede accessibility and safe use of pedestrian corridors. 3. Coordinate the design and installation of pedestrian corridors with adjoining pad sites and developers in order to maintain consistency throughout the site. 4. Planting shall be selected from the approved species list.Alternate species will be considered on a case-by-case basis by the CDRC. N • Example of drift plantings and pedestrian corridor with seating Northside Development,Comma-QArchitecture L. Lawn and Pet Exercise areas The use of irrigated sod lawns within the site is to be Limited.Alternative sustainable landscape design is encouraged,the use of sod lawn is to be limited to areas deemed appropriate by the CDRC. 1. The use of native and drought tolerant seeding is encouraged in lawn areas and open space as an alternative to traditional lawns. 2. Lawn areas can be used along trails and pedestrian corridors, near plazas and open spaces, and near parking facilities. 3. The implementation of designated dog exercise and play areas is encouraged throughout the site.Vegetation within these areas may be sod or native seeded lawn areas.All facilities must contain approved trash containers and sanitary Comma-Q stations Architecture The Cannery District-Final PUD 4. All dog facility locations must be reviewed and Application approved by the CDRC prior to installation. Cannery District Partners Page 53 Vegetation m. stormwater Facilities Cannery Bio-swale Plants Montana native O Z E Al q All stormwater facilities Common Name Botanical Name indicated in the Cannery District Master Plan are Trees . CANNERY to be planted in a manner Boxelder,Sensation* Acer negundo D I S T R I C T which enhances their Hackberry CeLtis occidentalis i I i visual appeal,while not Maple'Sienna Glen' Acer x freemanii Mo N T P N P impeding their function of Maple, Red Acer rubrum use. 'I. Vegetation within bio- Quaking Aspen* Populus tremuloides swale and retention ThinleafALder* ALnus incana areas is to be selected in accordance with Shrubs their ability to Arrowwood Viburnum dentatum maximize stormwater filtration and hardiness Buffaloberry,Silver* Shepherdia argentea within the respective Chokecherry* Prunus virginiana environment. Dogwood, Red Twig* Cornus sericea 2. All planting and Elderberry* Sambucus racemosa Landscaping for Ninebark, Mallow* Physsocarpus malvaceus stormwater facilities Serviceberry* Amelaanchier alnifolia shall be coordinated with the Cannery Silverberry* Elaeagnus commutata District Master Plan Spirea, Pink* Spiraea douglasii engineering and Twinberry* Lonicera invoLcrata landscape documents. Willow, Bebb* Salix bebbiana 3. Plantings within Willow, BLue Arctic SaLix purpurea'Nana' bio-swales shall have supplemental irrigation installed for Perennials Bio-swale planting establishment and Arnica, Heartleaf* Arnica cordifoLia example possible periods of Bee Balm* Monarda fistulosa City of Peachland,BC prolonged drought. False Indigo Baptisa austraLis 4. All planting selections False Solomon Seal* Smilacena racemosa shall be from the approved Cannery Goldenrod'Fireworks' Solidago rugosa Bio-Swale species list, Goldenrod,Stiff* Solidago rigida alterative species will Iris,Siberian Iris siberica be considered on a Joe Pye Weed* Eupatorium maculatum case-by-case basis by purple Conef Lower Echinacea purpurea the CDRC. Rocky Mountain Iris* Iris missouriensis Spiderwort* Tradescantia occidentalis Sunflower, Nuttalls* Helianthus nuttallii Swamp Butterflyweed* Asclepias incarnata (� Grasses Alkali Sacaton* SporoboLus airoides Basin WiLdrye* Leymus cinereus BLuejoint Reedgrass* CaLamagrostis canadensis Comma-Q Prairie Dropseed* SporoboLus heterolepsis Architecture The Cannery District-Final PUD Sedge, PaLm Carex muskingumensis APPlication Switchgrass* Panicum virgatum Cannery District Partners Page 54 Turfed Hairgrass* Deschampsia cespitosa 3.oa HaI Iscape a. Site Furnishings Hardscape ® All site furnishings are to be simple in character and °z E M q designed to be compatible with the historic character of the • Cannery District and its surroundings,while addressing the Rf needs of the project.All site furnishing requirements apply CANNERY to all commercial and multi-family projects. If an alternative D I S T R I C T site furnishing is preferred,the site or project developer I shall submit manufacturer cut sheets and/or samples to the M P CDRC for review and approval. ° " TAN 1. Benches and seating: installed within the commercial projects are to be of a style illustrated in this section. Some benches or seating should face each other to encourage human interaction. d 7- rA • w •d'' N� I Illustration and examples of site furnishings with historical and industrial character embracing the sites heritage. 2. Picnic Tables are to be used in open spaces, lawn areas, along trails and pedestrian corridors,and plaza spaces. Picnic tables are to be placed in locations that will encourage their use,taking into account sun, shade,wind, and views from within the site. CP-y&�'{� r • r Comma-Q Reclaimed timber picnic table example. Architecture Grijsen International The Cannery District-FinalPUD Application Pure Picnic Set II Cannery District Partners Page SS Hardscape 6 p Z E M q 3. Bike Racks:All commercial lots shall have • at least one(1) bike rack installed for each # building entrance on the lot, or every 40 CANNERY feet of building frontage,whichever is less. D I S T R I C T The project or site developer may group bike racks in one or two main entrances on A, P the site in order to centralize bike parking ° " T A N facilities. rr�.• a �a0 i Afunctionalbicycle rack inspired by the area's railroad history by Dino Grassini 4. Trash Containers:All commercial lots shall have at least one(1)trash container for each building or unit entrance(whichever is less), should be located along the building frontage. All open spaces, plazas,trails and pedestrian corridors shall have trash containers integrated into their design. I Landscape Forms Gretchen trash container 5. Public Art:The use of public art within pedestrian plazas, open space, along trails and pedestrian corridors, and near buildings is encouraged.Art may also be directly integrated into the design of a building. Locations where art may be viewed from pedestrian and vehicular circulation routes should be given priority.The placement of public art shall be coordinated with the development of open spaces,trails, • Comma-Q and plazas on a lot.All public art must be Architecture submitted for review and approval by CDRC The Cannery District-Final PUD prior to installation. Apptication Cannery District Partners Page 56 • 0 b. Rail Trail . Hardscape • A consistent visual language through the use of plant and o Z E M,q hardscape material is necessary in order to enhance the e Trails presence and use within the site.Any alterations to the Trail design illustrated in the Cannery District CANNERY Master Plan must be submitted to the CDRC for review D I S T R I C T and approval.The installation of the Rail Trail is to be i I i coordinated with the development of buildings, parking, open space, and plazas. M° N T A N P 1. The Rail Trail provides an essential east to west connection throughout the site, providing pedestrians and cyclists with safe passage through the heart of the development. 2. Through the use of paving materials,The Trail design shall, honor the sites railroad and industrial heritage and recallthe rhythmic procession of railroad ties.The paving patterns and layout developed in the Cannery District Master Plan shall be used in the layout and design of all sections of the Rail Trail. 3. All poured concrete surfaces shall be broom finished with hand tooled edges and joints. Pavers are to be of the character as illustrated.Any alternative pavers or Example of permeable paving materials must be submitted to the CDRC for paver inlay review and approval prior to installation. UniLock:Eco-Priora 4. Furnishinas along the Rail Trail are to be selected from the approved site furnishings illustrated in section • 3.02a. Site furnishing locations along the RailTrail are to be clearly indicated on all landscape plans. 1 Ft T. m Comma-Q Illustration of rhythmic character of paving delineating the trailwhile honoring its heritage. Architecture The Cannery District-Final PUD Design 5 Landscape Architecture Application Cannery District Partners Page 57 0 0 Hardscape ` c. Pedestrian Corridors 9 p Z E M g ti Pedestrian corridors provide patrons with safe access • to all areas within the site. Similar hardscape and paving materials are to be used throughout pedestrian CANNERY corridors within the site in order to delineate their D I S T R I C T use.The installation of pedestrian corridors are to III be coordinated with the development of buildings, M P 0 parking, open space, and plazas. N T A N 1. Pedestrian corridors are to be used to connect any areas of the site not served by the Rail Trail. T Increasing the north to south connectivity along with providing safe passage from parking facilities, buildings, and surrounding properties, should be a priority in all developed areas. 2. The paving materials used for pedestrian corridors are to be simple in nature while, providing clear visual connections between spaces within the site. 3. All poured concrete surfaces shall be broom finished with hand tooled edges and joints.Any alternative pavers or paving materials must be submitted to the CDRC for review and approval prior to installation. 4. Furnishings along pedestrian corridors are to be selected from the approved site furnishings illustrated in section 3.02a. Site furnishing locations ' within pedestrian corridors are to be clearly A indicated on all landscape plans. Northside Development pedestrian corridors. d. Plaza Space Linda Iverson Plaza spaces are typically hardscape areas with seating, -Landscape Design public art, and integrated planting beds. Plazas can be for either public or private use on a lot. 1. Plazas provide site patrons with areas to gather, y socialize, relax, or work in a visually interesting environment. Plazas can provide opportunity for street sales or advertising within commercial districts. Plazas function as public open space within the development. 2. Visually appealing pavers and paving are to be used plaza space within to delineate plaza spaces from other site uses.The commercial District use of one or two paving patterns or materials Northside Development should be used in a similar manner in all plazas Linda Iverson found within the site in order to create coherence. -Landscape Design 3. All poured concrete surfaces shall be broom finished with hand tooled edges and joints.Any alternative pavers or paving materials must be submitted to the CDRC for review and approval prior to installation. 4. Furnishings within plaza spaces are to be selected from the approved site furnishings illustrated in section 3.02a. Site furnishing locations within plaza • Comma-Q spaces are to be clearly indicated on all landscape Architecture plans. The Cannery District-Final PUD Application Cannery District Partners Page 58 e. Planters Hardscape Planters can be used throughout the 0 z E M q development along trails and pedestrian e corridors, near buildings, parking areas, entry corridors, plaza spaces, and open spaces.They CANNERY shall be simple in nature honoring the site's D I S T R I C T historical heritage and industrial.character. 1. Raised Planters are to be constructed from M P N eitrer metal,wood, stone,or masonry and N T A the'r locations clearly located on landscape plans.The design and construction of all raised planters are to be submitted to the CDRC for review and approval prior to installation. 2. Grade Level Planters must be installed with pre-approved edging in orderto reduce maintenance and maintain clear visual boundaries between site uses. Edge treatments can be made of metal or wood and their design must be submitted to the CDRC for review and approval prior to installation. 3. Pla-iter Materials:The reuse of materials found on site, and/or reclaimed from historical buildings or site features is encouraged, in the construction of planters • throughout the development. Materials used must be consistent with site character and architecture and must be approved by CDRC prior to installation. Example of raised steel planter with potential for site and building signage. f. Boulders Landscape boulders,the placement and approximate dimensions of all landscape boulders must be clearly indicated on landscape plans and subject to review by the CDRC. 1. Allowable Uses: Boulders may be used only for retaining soil and erosion control. 2. Boulder Specifications:All landscape Comma-Q boulders are to be a minimum of two(2) Architecture Example of landscape boulders feet in diameter and of locally available The Cannery District-FinaIPUD used within planting beds to add mineral content. Boulders are to be cut to a Application Cannery District Partners interest and structure. rectangular shape. page 59 3.03 Mal0tenance Maintenance The Cannery District Property Owners Association (CDi 6 p Z E M 4 N Association) shall contract landscape maintenance service for all of the developments within the Cannery District. CANNERY a. Warranty DI STRICT iI ► The project or site developer shall choose a landscape M P contractor that will install all landscape and irrigation N T A elements with a warranty on all landscaping and irrigation for at least one(1)year. b. Irrigation All landscape areas including parking lots, perimeter Landscape treatments, boulevards and right-of-ways, lawn and seeding areas,trees, shrubs, and flower beds shall be irrigated with a permanent automatic irrigation system installed by a qualified irrigation contractor.The installation of a moisture or weather sensor to monitor environmental conditions and reduce water waste is required.The irrigation system shall be charged in April and winterized no later than October each fall all routine irrigation maintenance is to be performed by a licensed irrigation contractor. 1. An 'as-built' irrigation plan is required upon completion • of installation,the plan shall clearly indicate the location of all irrigation components including; all irrigation lines, valves,wiring, and sleeves. 2. Water conservation is encouraged throughout all aspects of landscaping within the development.The use of water-wise plant selection and drought tolerant species selections is encouraged.All landscape plans must clearly indicate per week water use based on plant species requirements. 3. Lawn and seed areas are to be irrigated with permanent overhead watering systems utilizing spray or rotor irrigation heads. Head to head coverage is required in all irrigated lawn and seeding areas.All irrigation heads are to be installed at a grade so not tc be damaged by maintenance equipment.Water schedules and timing will be closely monitored and may be restricted by the CDi Association if necessary.An initial establishment period resulting in increased water use may be allowed on a case-by-case basis by the CDi Association. 4. Perennial plantings are to be irrigated with a designated drip irrigation system and should be adjusted appropriately for plant requirements throughout the growing season. 5. Trees and shrubs are to be irrigated with a designated bubbler irrigation system adjusted appropriately for . tree species, maturity, and size. If trees and shrubs are installed within the confines of a perennial planting Comma-Q area with an established drip irrigation system, Architecture the incorporation of these trees and shrubs will be The Cannery District-FinaLPUD addressed on an individual basis and assessed by a APPLication Cannery District Partners Landscape professional. Page 61 0 0 Maintenance c. Vegetation 9 p Z E M g Al All maintenance services are to be performed by a • landscape professional contracted by the CDi Association. Rf Routine and thorough weeding, mulching,and pruning, CANNERY along with proper irrigation are the preferred methods D .I S T R I C T for weed control and encouragement of plant growth and i I i health. 0 N P N T A 1. Trees and shrubs should be maintained in a healthy state, any tree or shrub showing more than 30%desiccation or damage shall be replaced. 2. Pruning and weeding is to be performed at a preestablished regular interval established by the CDi Association.All pruning and weeding is to be preformed by a landscape professional at the appropriate times throughout the growing season in order to prevent shock to plant material and promote weed competition. 3. Mulch is to be used in all planting beds and around the base of all trees and shrubs planted within lawns and open spaces. Mulch type and depth is to be clearly indicated on landscape plans and is subject to approval by the CDRC prior to installation.A sample of proposed mulch material is to be submitted to CDRC for approval prior to installation. 4. Sod lawn areas are to be maintained at a mowed height no less than 3 inches and be allowed to grow to a height of 4"-41/2 between cuttings. Native seed areas should be mowed twice a year, once in May and again in the late fall,with a mow height no less than 6 inches. S. Fertilization and Pest Control:A predetermined fertilization regiment shall be established by the CDi Association working in conjunction with a landscape professional.All lawn areas, native seeding,trees, shrubs, and perennials shall be fertilized as necessary in order to maintain plant health and promote long term growth. Organic methods of pest control are encouraged,the use of chemical pest control applications on trees, shrubs, perennials, and lawn areas will be.allowed if deemed necessary by the landscape maintenance professional with approval from the CDi Association and applied by a licensed applicator.The use of pollinator friendly pesticides is required and are to be applied in a sustainable and environmentally conscious manner. d. Hardscape All hardscape material including plazas,trails, pedestrian corridors, parking areas, and sidewalks shall be maintained in a manner that is safe for all public and private uses and is representative of the original design intent. 1. Snow Removal:All plaza spaces,trails, pedestrian corridors, sidewalks, parking areas, and patios will need • Comma-Q sweeping and/or snow removal.All public and private Architecture hardscape shall be kept clear of any obstructions or The Cannery District-Final PUD hazards. Application Cannery District Partners 2. Responsibility: Maintenance of the public open spaces Page 62 1 will be provided by the CDi Association. • 007- E MBA/ Section 4 Building Design CANNERY D I S T R I C T M 0 N T PA N P Cannery District Planned Unit Development Final PUD Application Cannery District Partners, llc 4.00 Buffing Design OvervieS Building Design a. Intent Overview • There are ten individual buildings planned at the 0 o Z E M a Cannery District. Of these buildings,four are existing (built prior to 1930)and proposed to be renovated. Six new buildings are proposed to be CANNERY built. The intent of these guidelines is to establish D I S T R I C T a f ram=work upon which both new buildings and I I I building renovations may be based. M P ON T A\4 The intent of these guidelines is not to propose design solutions, rather it is to establish a basis for creating buildings that respond to the history of the site,tr-e site's new function as a progressive mixed- use development, and the surrounding context. These guidelines are not intended to dictate an architectural style such that the development consis-s of a bland a set of interchangeable buildings. The intent is to describe a design approEch which will result in a diverse yet compEtible set of buildings that support the Cannery District's over-arching design goals (see Sectio-i 1.00 - Project Overview). b. Building Design Objectives In addition to the Cannery District's over-arching desigr objectives,the following building design objectives should inform all architectural design • decisions: 1. Bu Wing design should respond to the site's agricultural/industrial past and the agricultural/ incustrialtypology of the existing buildings. Existing building renovations should maintain the essential characteristics of the existing bu Wings, allowing their originalfunctional characteristics,forms, and patterns to remain clEarly understandable. New buildings should no , mimic historic agricultural/industrial bu Wings but should instead be compatible with bu Wings of this typology. a• i I1 I, • Comma-Q Architecture The Cannery District-Final PUD Application Example of a renovated&re-purposed agricultural/industrial building that maintains its Cannery District Partners original character. Warehouse Building at Northside PUD. Comma-Q Architecture Page 65 Building Design Overview 2. Existing buildings should be seen as a physical record of the time at which they o Z E M.,ti were built. New buildings, and/or additions • and alterations to existing buildings should not create a false sense of historic CANNERY development. Rather they should be D I S T R I C T recognizable as new elements. i ( i 3. All buildings should be logically and M 0 N T A N P coherently designed such that all building components have an identifiable purpose. 4. The spaces between buildings should be primary to the buildings themselves. All buildings should have an active roll in defining common spaces and creating coherent spaces between buildings. W j + Example of buildings defining a common outdoor space. JA+JA Architects Affordable Housing Competition 5. Buildings should transition in scale and level of articulation to respond to high-speed vehicular interaction (large scale forms) and to pedestrian interaction (small scale articulation). WW Comma-Q • Architecture The Cannery District-Final PUD AppLication Cannery District Partners Page 66 • Buildin Design c. The Agricultural/Industrial Typolo g g 9Y Overview • The existing character of the Cannery District site can be described as agricultural/industrial. eo z�"'a ti Architecturally, agricultural/industrial buildings were created as a direct response CANNERY to their function. Buildings were scaled for D I S T R I C T Large equipment and flexibility of use. Ease of construction and availability of materials determined building systems.This resulted in M0 N T A�P construction methods and details that were repetitive and simple while maximizing usable volume and minimizing building corners.The detail, scale, mass,void, patterns,and usage of materials seen at the Cannery District's existing buildings are characteristic of an agricultural/ industrial typology. As a result of its architecture of functionality, the agricultural/industrialtypology is directly Linked to the history of a place. These buildings are a timeless image of place not tied to a specific style. Rather they are a symbol of the human endeavour that led to their construction. Because it is a response to a set of functions and economic conditions of the past,the agricultural/industrialtypology can not be authentically re-created. However,the process of design, driven primarily by building . function, performance, and the availability of efficient building materials and methods can be implemented in today's building design. Existing buildings on the site, all of which embody the agricultural/industrialtypology, should be sensitively renovated and re- purposed such that the clarity of mass, scale, detail, rhythm, openings, and materials is not blurred. New building design should be inspired by the history of the site and the agricultural/ industrialtypology. Building design should be especially mindful of function and economical construction methods. olm ril —� ._ �o..o•.*�� Shy'�Y S '� Architectural drawings of Bozeman Canning Co. o m m m _o m buildings, Dated June 12,1926,MSU Archives _ - Comma-Q Architecture ®° El ,� - _ _ _ The Cannery District-Final PUD A 1. cation ��. =Vjzrr�._ Cannery District Partners Page 67 Building Design Overview d. Professional Competence 0 o Z E M q All building design shall be performed by or under the supervision of, and stamped by, an • Architect licensed to practice in the State of CANNERY Montana. D I S T R I C T M0NTAC�P 1 • Comma-Q • Architecture The Cannery District-Final PUD Application Cannery District Partners Page 68 4.01 DiAnsional ConsideratlOns Dimensional a. Building Form and Scale Considerations • The unique character of the pre-development o Z E M q Al site is shaped by many factors:the clarity 0 of existing building forms, the overall industrial scale of the Cannery District site, CANNERY and the unintentional and unusual(yet clearly D I S T R I C T articulated) spaces between buildings. The I ( I characteristics of form and scale typical M P of the agricultural/industrialtypology, in 0 N T AN conjunction with the characteristics of form and scale desirable in a progressive mixed-use development should determine basic building shape and layout. The following guidelines inform building form and scale for development in the Cannery District: 1. The existing four-story portion of Cannery Building and the water tower shall remain the dominant vertical forms on the site. No building shall block the predominant view of these two structures from the vehicular entries off Oak Street. Photo showing -- " the two J dominant r j verticalforms �� ? on the site: The Cannery • Building and ' the water ,� + tower. The Bozeman Canning Co.c. 1930, Gallatin _ County Historical Society 2. New building forms should be primarily horizontal.Any vertical elements should be designed to not visually compete with the dominant vertical structures as described above. 3. Roof lines should be consistent and relatively uniform, maintaining simplicity of form typical of the agricultural/industrial typology and contrasting the mountain skyline beyond. Photo showing I " the site with the f Bridger Mountain I Range beyond. M The Bozeman - � . Canning Co.c. 1930, Gallatin .� • County Historical Society + `j. Comma-Q Architecture ' The Cannery District-Final PUD Application Cannery District Partners Page 69 Dimensional Considerations 0 o Z E M q/V 4. Buildings inspired by the simplicity of form • • and large-scale typical of the agricultural/ Rf industrialtypology are encouraged. CANNERY However, as one approaches the building, D I S T R I C T elements should transition in scale and level i I i of articulation so they respond to pedestrian interaction. Subtractive and additive M N T P N F elements of the building form should be composed to create emphasis on important pedestrian areas such as building entries. S 1M Example of articulated entries responding to pedestrian interaction. • Warehouse Building at Northside PUD. Comma-Q Architecture 5. Each individual building should not attempt to focus all visual interest unto itself, but rather be a part of the overall development. The roll of the building form on the site is to help define the common spaces between buildings. a. ` ,y� • =_+`. Yet-K",-x Comma-Q Example of individual buildings massing working together to define exterior space. Architecture Stven Architects The Cannery District-Final PUD Lommen I NV Application Cannery District Partners Page 70 Dimensional Considerations • b. Building Height o Z E illq e ti Careful consideration should be given to any new construction so that it does not visually compete CANNERY with the existing four story portion of the Cannery Building or the water tower in mass, scale and D I S T R I C T height. Design height restrictions are intended to i I i maintain a fairly uniform building height between Al N T A N P all buildings of the development with the exception of the dominant structures. This will allow the dominant structures to remain landmarks of both the site and the surrounding neighborhood. 1. Additions to buildings must not exceed the respective building's maximum existing height. 2. Exceptions to the maximum height limit for new construction will be granted to vertical circulation necessary to access the Cannery Building. 3. Building height shall be restricted per Bozeman's Unified Development Code(UDC), B-2 Zoning requirements. New buildings are limited to a fa4ade height(measured from main entry grade to top of parapet or fascia) of 38'-0"for buildings with roof pitch less than 3:12. For sloped roofs with greater than 3:12 pitch,the maximum ridge • height shall be 44'-0". These building height restrictions may be increased as allowed by the UDC with approval by the Cannery District Design Review Board. 4. The following table describes the anticipated height of proposed buildings. These heights are subject to change due to future programmatic requirements. E Cannery Building 4 62 ft F CanneryComplex 1&2 30 ft G Brick Building 1&2 30 ft H Boiler House 1 25 ft J Lone Mountain 1 plus mezz 26 ft Gymnastics Expansion K 1 plus mezz 26 ft • L 2 44 ft Comma-Q Architecture M 2 1 38 ft The Cannery District-Final PUD N 2 38 ft Application O 2 38 ft Cannery District Partners Page 71 4.02 Prog6mmatic Considerations Programmatic a. Street Frontage Considerations • The Cannery District site is identified by the o Z E M q City of Bozeman Department of Community ti Development as being within three of Bozeman's entryway corridors. As such, it CANNERY is highly visible. Most sides of all planned D I S T R I C T buildings are visible from at least one (if not more) intensely utilized public ways. This results ,y P in a condition where there is no 'back of building' ° N T A N on most planned structures. The following guidelines provide specific instruction for building design as it relates to street frontage: 1. Buildings must be designed such that all facades contribute to the quality of common space at the overall development. Example of a building with multiple frontages including frontage on a public way that does not house the structure's primary entry but still adds significant interest to the street. Bozeman Coop- Comma-Q Architecture 2. Buildings with frontage on Oak street should be constructed as close to the lot line adjacent to the Oak Street right-of-way as allowed given site conditions. The building elevation facing Oak Street shall be either the primary or secondary building facade and should be designed to add interest to the Oak Street streetscape. Awnings or other building articulation at pedestrian scale is required on Oak Street facades. 3. Buildings with frontage on the RailTrail should be located with a zero lot line set back on the south side and shall be designed such that the south facade facing the Rail Trail is the primary facade. The exception to this rule is any building with an existing building located within 30 feet to the south. In this case the south facade may Comma-Q be a secondary facade. Awnings, display Architecture The Cannery District-Final PUD windows, or other building articulation Application at pedestrian scale is required on Rail Trail Cannery District Partners facades. Page 73 6 0 Programmatic Considerations b. Building Entries 00 Z E 111.4 As previously described in these guidelines, individual buildings are not encouraged • to be visually"attention grabbing"design CANNERY expressions on the site and for the surrounding D I S T R I C T neighborhood. In contrast, building entrances provide an opportunity to implement architectural design components that create an A,O N T P N P identity unique to each building's use within the development.This is an opportunity to express the function of the building as it exists within the overall industrial fabric of the site. 1. Main entrances should face the primary pedestrian circulation path. When a building is fronted on more than one side by major pedestrian circulation paths,the side most accessible under adverse weather conditions and by those with physical disabilities should include the main entry. - 1 i d, Examples of a transparent and welcoming primary entries. Left:Sky Lake,Black Box right:O'donnell and Thomey Architects,the Photo Gallery 2. Main entries should be articulated at the pedestrian-scale and primarily transparent. The use of mirrored glass at building entries is discouraged. Doors constructed of opaque materials are acceptable if clear glass is adjacent to or in close proximity to the door. 3. Main entries shall open directly, or byway of a vestibule, into a publicly accessible portion of the building such as a sales floor, a reception area, or a lobby. �} 4. Secondary entrances are encouraged on all U building facades facing primary pedestrian circulation paths. Secondary entries • shall provide a pedestrian-friendly and Comma-Q transparent entry to encourage interaction Architecture p y 9 The Cannery District-Final PUD with the passer-by and provide visual Application interest to the common space or public way Cannery District Partners upon which they face. Page 74 0 Programmatic S. Any building or tenant space within a building Considerations facing Oak Street should have either a primary or secondary entrance on the Oak e o z E M a ti Street facade. Entrances from Oak Street m should open to a public portion of the ITI building. CANNERY D I S T R I C T M0 N T A N P MM r t ` Examples of building entries that engage adjacent exterior space. 6. Any building or tenant space within a Northside Granary Building,and building facing the RailTrail shall have a Plonk Restaurant-Comma-Q primary entrance on the Rail Trail facade. Architecture Entrances from the Rail Trail should open to a public portion of the building. Through the use of large operable doors, exterior seating or display(or other means), buildings facing the Rail Trail are encouraged to visually and spatially engage the Rail Trail. 7. Service entries should be compatible with the building design and may be industrial in nature as required for their use. M � 4 1 t 1 • - H P�.. - Comma-Q Architecture Example of a compatible service entry. The Cannery District-FinalPUD Brown Building -Comma-Q Architecture Application Cannery District Partners Page 75 Programmatic � Considerations c. Mechanical Equipment and Utilities 9 p Z E M q All mechanical equipment and utilities visible t from public ways must be screened. The RI following guidelines apply to screening. CANNERY 1. If feasible, building service areas and D I S T R I C T mechanical equipment should be integrated III into the overall building design such that it is M o N T N P not visible from a public way. P 2. Screening should use elements, materials, and forms compatible with the building design and shall be compliant with all guidelines pertaining to building design described herein. 3. Screening shall be as required by the City of Bozeman's Unified Development Code. d. Residential Considerations Through the City of Bozeman Department of Community Development PUD process the a relaxation was granted at the Cannery District PUD property allowing residential uses on the first floor of buildings(See Section 1.03 PUD Information). Residential uses are not required to occupy first floor space, however, if such an arrangement is desirable, it may be considered. Residential uses in this largely commercial development must be designed to ensure the residential users privacy and security while recognizing the urban conditions of the development as a whole. Residences should maintain a degree if separation from the surrounding commercial development such that users sense that they are transitioning from public to semi-private or private space. The following guidelines apply to residential uses: 1. First floor residential uses should be buffered from primary pedestrian and vehicular circulation route through any one or a combination of the following devises: • Place the floor level of first floor residences at a minimum of 4'-0"above adjacent vehicular or pedestrian ways. This technique of residential transition is know as a 'brownstone'configuration. • Maintain a minimum 20' landscaped, garden Like, setback from adjacent vehicular and pedestrian ways. • Place opaque facades adjacent to primary Comma-Q vehicular and pedestrian ways. Limit Architecture windows in these facades to transom The Cannery District-FinaL.PUD windows only. Application Cannery District Partners ' Page 76 i 0 2. Residential entries should be clearly defined and should clearly demark the transition from public or semi public space to private o z E M a ti space. M 3. Should a residential component be included CANNERY in the Cannery District PUD, it is anticipated that the required parkland dedication D I S T R I C T would be met by a cash-in-lieu payment I I I or equivalent to improvements to a nearby M 0 N T A P existing park. f �J( ".•�-, +fir I �, Example of a residential building setback from a primary pedestrian way w/garden-Like Landscaping between the public and semi-public space. Unbuilt residential building-Minarik Architecture i T� t I I � I • Comma-Q Examples of a'brownstone'configuration where first Architecture floor resiences are raised above street level. The Cannery District-Final PUD Historic Brownstone,NYC Application Cannery District Partners Page 77 4.00 Building Exterior • Building Exterior a. Materials 0 0 Z E M g Al Materials characteristic of the agricultural/industrial typology were highly functional, economical, and CANNERY regionally and readily available. Time and exposure have aged these materials leaving rich textural D I S T R I C T facades that embody the history of the structure. The I I I following guidelines describe how the agricultural/ MO N T AN P industrial materiality should inform new buildings and building renovation at the Cannery District: - -� ' VW f l _ — - t � Examples of typical agricultural/industrial building materials Left:Future Scape Architecture,Cottage in Tsumari 1. New materials should be true to the nature of the material. Imitative materials that mimic natural materials or authentic methods of detailing and construction are inappropriate to the Cannery District Development. 2. Materials should be applied in a manner that is consistent with their inherent material properties. Concrete should be used to express mass and solidity. The use of corrugated sheet metal as a building skin or an overhead element is appropriate. Furthermore, installation methods should be carefully detailed to provide clean transitions at corners, between panels, material changes,and openings. Brick should be stacked in • a running bond pattern. A"stack" brick pattern is discouraged. The role of brick as a compressive Comma-Q structural element should be reinforced through Architecture caref-jldetailing around openings,at corners, and The Cannery District-FinalPUD material transitions. Brick applied on one fa4ade Application without turning a corner is unacceptable. Cannery District Partners Page 79 Building • Exterior CANNERY DI STRICT i M0NTANP �. 1 . ' > + t FI Ca Examples of new building materials installed on an existing building Left:Made by Cohen,Windsor Warehouse Residence right:Olsen Kundig Architecture,The Brain 3. Where new materials are installed on an existing building. The new materials should be distinguishable as new and should contrast and enhance the character of the existing material. 4. When seen from a distance, materials should emphasize the form of the structure. When viewed at a closer range, materials should have a rich textural quality. 5. Exposed structure is appropriate and encouraged but must be authentic and efficient. Structural systems of one materials that are wrapped or disguised to make them appear as another material (ie structural steel wrapped with a wood veneer)are unacceptable unless done so in a response to building code requirements. 6. Appropriate exterior materials include the following: • Brick • Metal Wall Panels, Metal Roof Panels, Plate Steel,Trim, Exposed steel structure • Wood, Exposed wood structure • Concrete 7. The following materials will not be allowed: • Comma-Q EiFS Architecture Cultured Stone The Cannery District-FinaIPUD 'Thin' Brick Application Cannery District Partners Vinyl Siding Page 80 Medium Density Fiber Cement Siding Building Exterior c. Fenestration o Z E M q Fenestration design in historic agricultural/industrial • e Al buildings was primarily the result of the building use and the need for natural light. Window placement CANNERY was typically directly linked to the building's structural grid. The following guidelines inform D I S T R I C T fenestration type size and placement in building i I i design at the Cannery District: M ON T A N P 1. Fenestration should establish pattern and rhythm on exterior walls. Fenestration layout should relate to structural bays,where applicable. 2. Large-scale window openings,characteristic of the agricultural/industrialtypology are appropriate. However,fenestration should also relate to the human scale. 3. The building form should use a combination of fenestration as punctures and larger glazing systems. Careful consideration should be given to both as they relate to the overall fagade and building elements. 4. The scale and location of fenestration should allow the primary building skin and structure enough room to form an intuitive visual connection. The size and location of fenestration should be balanced with the need for the building to maintain ins overallform 5. Fenestration should be used to provide adequate natural light to the building interior. It should also provide interest to the development at night with use of artificial lighting to express the building interior. 6. Operable windows are encouraged. r r ti e . F Comma-Q } Architecture The Cannery District-Final PUD Application Cannery District Partners xamp e o arge-sca a win ow openings typica o Page 82 agricultural/industrial typology Steven Harris Architects,Townhouse 0 Building b. Patterns Exterior • Material texture, repetitive structure,window placement, and decoration add a pattern or o z�M q rhythm to architectural design. The following guidelines inform the use of pattern in building CANNERY design at the Cannery District: D I S T R I C T 1. Patterns should be subtle and repetitive from a distance so as to enhance the building form and its relation to the space M o N TAN P created between structures. As seen from a distance, buildings should read as a 'backdrop'to common outdoor spaces and Landscaping. 2. Patterns should be used to reinforce the inherent properties of the respective material. For example, corrugated steel, board-formed concrete, or running bond brick patterns are patterns consistent with the material's application and/or creation. 3. Patterns should be used to create a human scale and increased level of detail when experiencing the building in close proximity. [y , y Examples of rhythm,texture,and patterns in material use Left:DMVA Architects right:Areal Architecture Town Home EM o k bottom:Beilden Fowles Ty Pren i � y Comma-Q Architecture The Cannery District-Finat PUD Application Cannery District Partners �_ ` Page 81 0 4k Buildin d. Fenestration Treatment 9 Exterior • Shading and sheltering devices at windows and 07 E M a building entrances contribute to positive user experiences. They provide protection and safety from the weather and the elements and add human- CANNERY scaled feelto building facades. Fenestration treatment,designed under the following guidelines is D I S T R I C T encouraged at the Cannery District: I I I 1. Shading and sheltering devices are not typically M o N T A N P seen in historic agricultural/industrial building. For this reason,any fenestration treatment added to an existing building should read as a new, rather than historic,building element. 2. Careful consideration should be given to shading devices for the applicable building facades. Shading devices shall be functional rather than decorative. These devices shall be consistent in materials and detailing for the overall building design. 3. Shading devices should read as an integral element to the building form and mass. Connections and finishes should provide an opportunity for creative detailing that can be experienced at a pedestrian scale when close to the building. i Example of black fenestration system finish Jonsara Ruth,Vinateria e. Colors Plantings,vehicles, public art,tenant signage, building interiors seen through windows and people,not necessarily building materials,will add the majority of color to the Cannery District. The following guidelines inform color selection in building design at the Cannery District: 1. Colors used should be consistent with their material properties whenever possible and as applicable to the material performance. 2. Primary fenestration systems should be finished black or very dark bronze. 3. Bright colors are appropriate only when used Comma-Q Architecture as small building accents or surfaces occurring within the overall primary building fa ade. The Cannery DistriCt-FinaIPUD p y g 4 Application Cannery District Partners Page 83 4.4 Building Lighting Building Lighting • a. Building Lighting 0 Z E M q Site lighting at pedestrian and vehicular ways le. M ti and parking areas is addressed in Section 2.01 CANNERY Site Lighting. Lighting guidelines specific to signs are described in the Section 2.01 Site D I S T R I C T Signage and Section 4.04 Building Signage. i I i The following guidelines pertain to architectural M 0 N T A N P Lighting on the exterior of buildings: 1. Exterior architectural lighting is encouraged but should be judiciously used in select Locations. Exterior architectural lighting should be primarily used for the following functions: • Lighting should accent building entries Lighting should illuminate the overall form of significant buildings. kill Example building lighting illuminating a building entry Bozeman Food Coop-Comma-Q Lr.'. Example building lighting illuminating overallform of a building Northside Granary Building-Comma-Q 2. Where used to illuminate overall building form of significant buildings, Building Lighting should accentuate rhythms , textures and patterns established by the building design. 3. Light fixtures should be simple,functional and industrial in character. Recessed linear or can fixtures are encouraged. Decorative Comma-Q Light fixtures should be used selectively in Architecture Limited locations such as buildin g entrances. The Cannery Dicatio-FlnaIPUD Application Cannery District Partners Page 85 Building Lighting CANNERY �{ - DI STRICT III M0NTP, y•. 1:1.i3 . F Example of simple,functional facade lighting scheme. Mary Tierra-Doyle Collection Co.LTD Architects. 4. The following lighting types are permitted with approximate 4000k color temperature: • Halogen • Metal Halide which has appropriate color rendering characteristics • Compact Fluorescent which has appropriate color rendering characteristics. • LED 5. The following lighting types are not permitted: • Incandescent • Colored Lamps • Mercury vapor or High Pressure Sodium Lamps Any type of moving or flashing lighting 6. Exposed neon tube or LED string lighting must be approved by the Cannery District Design Review Board. Neon tube or LED string Lighting may not be used as intense visual element for advertising or other purposes. Neon tube or LED string lighting may be used as subtle recessed or concealed light elements for wall washing or back lighting. 7. Light spread from fixtures illuminating a building facade may not significantly spill over onto facades of neighboring.buildings. 8. All building lighting shall conform to City of Bozeman Unified Development Code standards and shall meet the cut-off shield Comma-Q requirements outlined therein. Architecture 9. All exterior facade and sign lighting should be The Cannery District-FinalPUD programmed to automatically turn off at 11:00 Application pm or one-half hour after closing,whichever Cannery District Partners is later. Page 86 4.41, Building Signage OW Building Signage • a. General Signage Guidelines o z E M,4 Ale Site signage guidelines governing wayfinding , # signage, and signs identifying the Cannery District CANNERY Development as a whole are described in Section 2.01 Site Signage. D I S T R I C T General building signage types and sizes are i I described in a Comprehensive Sign Plan included M0 N T A N Py in the PUD documents. Following are general design criteria for building signage: 1. The design of all signs should be compatible with development's over-arching design guidelines. Sign form, material,texture, and size should be compatible and integrated with building design. 2. Prior to fabrication of any sign, a sign permit must be obtained by the City of Bozeman. All signs and sign lighting much comply with City of Bozeman Unified Development Code requirements and with the Project's Comprehensive Sign Plan. 3. The following sign materials are encouraged: • Wood • Metal • Frosted Glass . Acrylic Sheet in appropriate colors and Limited quantity 4. Signage must be of quality construction. Concealed attachment mechanisms are encouraged. b. Sign Size and Quantity Signs add vibrancy and colorto the Cannery District at both pedestrian and vehicular scales. The following guidelines encourage a variety of sign styles to engage all of the Development's users. Sign quantities are described in the Cannery District's Comprehensive Sign Plan included in PUD documents. 1. Each tenant is allowed one primary sign per exterior facade with frontage on a public way. This sign should be located to accent the main store entry where applicable. 2. Secondary signage such as blade signs, signage on awnings, signs painted directly on building materials, and window signage is encouraged. 3. Tenants and building owners are encouraged to maximize signage with respect to the allowed quantities outlined in the Comprehensive Sign Plan. Signage should, however, be proportional to the scale of the Comma-Q overall building facade. The Cannery District Architecture Design Review Committee (CDRC)will closely The Cannery District-Final PUD review all signage to confirm proper facade ApplicationCannery District Partners design-to-signage relationship. page 87 Building • Signage c. Sign Approvals 0 O Z E M q Al All exterior signs or window signs visible from the • building exterior shall be required to be specifically approved in writing by the CDRC. CANNERY 1. Tenants applying for signage approvals shall D I S T R I C T submit complete signage design drawings. I I I Drawings shall provide sufficient information ,y P for the CDRC to clearly understand signage o N T A N location(s), size, assembly, materials, and lighting. 2. The following information shall be included in all signage approval submittals: • Elevation drawings: clearly indicate proposed signage on the building facade on which it will be located. Provide dimensions indicating the size and location of the proposed signage. Drawings to include identification of materials, color schemes, and illumination. • Detail drawings: indicate sign fabrication technique, materials, illumination,and mounting system. Material samples to be provided upon request of CDRC. d. Permitted Sign Types The following sign types are permitted at the Cannery • District Development: Back-lit Illuminated Signs • Signs to be constructed of individual reverse channel letters and/or graphic components and/or panels with cut-out letter and/or graphic components mounted directly to the building and/or a non-reflective background surface with concealed stand-off brackets. • All illumination must be fully concealed within the letter or logo component and not directly visible. • On large letters or graphic components, clear Lexan backing must be used on the back side of channel letters to prevent bird nesting. Examples of back-Lit illuminated signage Comma-Q Architecture The Cannery District-Final PUD — Application Cannery District Partners Page 88 Examples of externally a illuminated signage B u i l d i n g • - J Signage Z tE M ' CANNERY -- DI STRICT III M 0 N T A N P THEf IWMTE I Externally Illuminated Signs • Signs to be constructed of individual Letters and/or graphic components and/or panels with cut-out or applied Letter and/or graphic components mounted directly to the building or a non-reflective background surface with concealed brackets. • External illumination must be integrated into the facade design and may be by concealed fixture or a sign light type • fixture Gooseneck sign light or linear sign Light fixtures maybe used. Sign light fixtures should be simple, functional and industrial in character. Decorative fixtures are discouraged. Internally Illuminated, Fully Integrated Signs • Signs to be fully integrated into the building facade such that the face of the sign is flush with the surrounding exterior building finish material. • Letters or logos shall be the only components on the sign face through which light is visible. All other materials shall be opaque. Letters should be push- through dimensionaltranslucent letters which extend through the routed opaque sign face. • Internal illumination must be fully concealed such that no lamps are visible. Example of internally illuminated signage Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 89 Building Signage , _��•� �0ZEMAti CANNERY : ` DISTRICT ~'c N T A N P Example of painted signage Painted Signs • Signs painted directly onto the building surface are allowed with CDRC approval. • External illumination of painted signs is optional. Blade Signs • Projecting blade signs that address pedestrian users are highly encouraged. • Blade signs shall be integrated into the building facade design. • Blade sign dimensions are governed by the Comprehensive Sign Plan. • Internally lit blade signs are not permitted. i i' ,F THE BARN 'J X�,�, f fit/ @J.i v 4 R Comma-Q x Architecture Cemento The Cannery District-Finat PUD Application Cannery District Partners Page 90 Examples of blade signage Win*✓•Signs and Graphics 0 Bu i ld i n g • Any sign or graphics placed closer than 4'-0" Signage of a window surface is considered a window sign and is subject to approval by the CDRC. o Z E "'q ti Appropriate temporary poster type signage, open/closed and hours of operation signs CANNERY Less that two square feet in size may be D I S T R I C T placed in windows without CDRC approval. III MONT AkA HOT REFRESHING, FRESH MAKI SEAS ONAL ROLLS, t Example of window and graphic signage Freestanding Temporary Signage • Temporary signage may be placed outside of the lease line during tenant hours of operation and is encouraged.Temporary signs are subject to CDRC approval. • Freestanding temporary signage must be placed as to not impede pedestrian traffic. ak ­_ . 7 Lone Pine • CUU16,2. Il ! '•` r ry + 4,0 ` '► 2. . ; :may • down It o the alle Exa-nples of temporary signage e. Signs Not Permitted In addition to signs not approved-by the City of Bozeman's Unified Development Code,the following sign types are not permitted at the Cannery District Development: • Exposed or surface mounted box or cabinet style signs. Signs which are not professional in Comma-Q appearance as determined by the CDRC. Architecture The Cannery District-Finat PUD Apptication cannery District Partners Page 91 W, . . . . . . . . . . . . . . . . Figure 4.1 Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . Comma-0 Architecture --PHASE-4-PLID --Open-SpAce --9,788-sf—- . . . . . 0 25 so IODTIPS draWing is nol inimm w sid h be IN FEET used for mnsirucflo,,In si pupmurisstseft P signed roless! as 'seed rroWedbyCo-�Q Arileelul es,l-isarhodab� .................. tLE�14�v, EST N f S TA LY t T Q719 N"a Z7 DESIGN.5 landscape architecture Linda Iverson < landscape design P A�-3 PUD Open Space Open Space 271 sf 16,969s C" Q9 PHASE 2 PUD Open Space CL 6,100 sf Th _j L5 '0 t; PHASE 2 PUD E IL 0 Open Space z 8,941T�kf m Z Z, cc 0 0 L m .0 U4 z LL. U) a. OPEN SPACE PLAN in OPEN The Cannery District-Final PUD Application SPACE Cannery District Partners Page 17 I y • 0 Z E Mq Section 5 0 ti Submittal. Review CANNERY Requirements and D I S T R I C T Procedures M o N T A N P Cannery District Planned Unit Development Final PUD Application Cannery District Partners, llc 5.OA- Deslgn Review proAs Design. Review and Requirements Process & Q Requirements • a. Intent 0 o z MM.,IV The preceding Design Guidelines establish CANNERY a framework that acts to structure site, Landscape, and building design such that the D I S T R I C T resulting development maintains it's unique I I historic character while becoming a vibrant M0 N T A P progressive place within the fabric of Bozeman's neighborhoods. b. Cannery District Design Review Committee The Design Guidelines are enforced by the Cannery District Review Committee (the CDRC) which is established per the Declaration of Covenants Conditions and Restrictions for Cannery District Planned Unit Development (the Covenants). The Design Guidelines are intended as a guide to assist the CDRC in reviewing plans and specifications. Except for those Design Guidelines required as a condition of PUD plat approval,the Design Guidelines shall not be binding upon the CDRC and shall not constitute in every event the basis for a recommendation of approval or disapproval of plans, specifications, or other materials • submitted to the CDRC for review.The CDRC will be the interpreter of the Design Guidelines and their decisions in matters relating to the Design Guidelines shall be final. The'Design Guidelines may be amended from time to time by the Cannery District Property Owners Association. However, if a guideline proposed for amendment was required as a condition of PUD plat approval the City of Bozeman must approve the amendment before it is effective. No improvements constructed in accordance with plans and specifications approved by the CDRC and Association shall be required to be changed because such standards are thereafter amended. c. Work Requiring Design Review No exterior construction, alteration,addition, or renovation of any building, structure, parking lot, sign, or landscape feature, or other Improvement of any kind or nature shall be commenced within the Cannery District PUD, except such as is reviewed by the CDRC and approved by the Board in accordance with this • Section 9, or otherwise expressly permitted in the Covenants. . Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 9S Design Review Process & d. Design Review Process Requirements 9 o Z E M A 4, All development plans shall be reviewed and • approved according to the following phased M I process. CANNERY 1. Sketch Plan Review(optional) D I S T R I C T 2. Preliminary Plan Review ili , 3. Final Plan Review M " T P N P 4. Construction Compliance The applicant,at its expense, shall submit(1) complete set of printed documents and one(1) set of documents in electronic format to the CDRC at review stages 1-3. The following details document format. e. Sketch Plan Review Sketch Plan Review is an optional but recommended submittal phase. The intent of the sketch plan review is to provide general feedback to the applicant regarding development plans. There is no fee for Sketch Plan Review. The follow items should be submitted by the applicant for Sketch Plan Review: 1. Site Plan (if applicable)with the following • information: • project name, date, architect and civil engineer, applicant, north arrow, scale (minimum 1"-30'); • approximate building area; • general layout of site showing building location; • location of sidewalks within the property and parking areas in accordance with the master plan; • location of building setbacks, property lines, easements and other restrictions on the property. 2. Building Plans (if applicable)with the following information: • project name, date, architect, applicant, north arrow, scale (minimum 1"-30'); preliminary floor plan; building data: uses and areas associated with each use including seating areas if applicable; • elevations of all sides of the building Comma-Q with preliminary material selections Architecture designated; The Cannery District-FinatPUD building signage information Application Cannery District Partners including locations and areas of signs. Page 96 Design Review Process & The CDRC shall review the Sketch Plan Requirements • Application and return it to the applicant 0 Z E M q with the Committee's informal feedback. e • Applications are not approved or disapproved RI at the sketch plan phases. CDRC comment CANNERY at this phase is to be considered informal and D I S T R I C T non-binding and is subject to change in future I I applications M I P 0 N T A N f. Preliminary Plan Review Preliminary Plan Review is a required review phase in which information pertaining the use, size, location, and character of the proposed development is "approved", "conditionally approved", or"disapproved". The follow items shall be submitted by the applicant for Preliminary Plan Review unless the item is not applicable to the project. If an item is not included, a narrative must accompany the submittal describing why the item is not applicable to the project. 1. The fee for Preliminary Plan Review is $800. The fee must be submitted with the complete application. 2. Site Plan with the following information: • project name,date, architect and civil engineer, applicant, north arrow, scale (minimum 1"-30'); • existing features to remain; • location of view corridors; building setbacks, property lines, easements and other restrictions on the property; • building footprint area; • parking data: number and ratio required by Code and number required, size of stalls and aisles, accessible spaces provided; • layout of site showing building Locations; lighting and other site amenities; • proposed light fixture cut sheets; • location of sidewalks within the property and parking areas and drives in accordance with the masterplan; • location of existing and proposed utilities; • grading plans indicating grades for • the entire property; building floor elevations; Comma-Q • proposed site signs; Architecture • location and design of utility TheCanneryLica Ct-FinaIPUD Appplication screening. Cannery District Partners Page 97 Design Review Process & Requirements 00 Z E M 4 Al 3. Landscape Plans with the following information: project name, date, landscape architect, CANNERY applicant, north arrow, scale(minimum D I S T R I C T V-30'); i I i existing features to remain; ON T A P location of view corridors; building setbacks, property lines, easements and other restrictions on the property; • location of building, parking and drives; pedestrian,and service areas. • location of existing and proposed utilities; • locations and types of hardscape materials, furniture, lighting and other site amenities; • planted areas, plants,and ground cover materials: show type, size and location of materials. 4. Building Plans with the following information: • project name, date, architect, applicant, north arrow, scale (minimum 1"-30'); • floor plans at 1/8" = T-0"scale minimum; • • building data: uses and areas associated with each use including seating areas, if applicable; • elevations of all sides of the building with material selections designated; note locations of exterior mechanical equipment and utility meters; • provide information describing proposed exterior lighting including fixture cut sheets; elevations of dumpster enclosure and mechanical screening; • building signage drawings showing Locations and areas of signs, style, copy, illumination, colors, construction and mounting; include samples of actual materials to be used; • samples of actual materials to be used corresponding to material designations on the elevations. 5. Other materials as requested by the CDRC The CDRC shall review .the Preliminary Plan • Comma-Q Application and return it to the applicant Architecture marked "Approved", "Conditionally Approved", or The Cannery District-FinaIPUD "Disapproved"with the Committee's applicable Application Cannery District Partners comment and conditions. Page 98 • • Design Review g. FinaL Plan Review Process & Requirements • Final Plan Review is a required review phase in o Z E M q 41 which information'is reviewed for conformance with the comments made in the preliminary review. There is no fee for Final Plan Review. CANNERY Final Plan applications shall include the D I S T R I C T following: I I I 1. All items submitted in the Preliminary M 0 N T A P Plan Application, revised according to the comments and conditions made in the preliminary review: 2. Any additional items requested by the CDRC; 3. A narrative explaining how all the comments and conditions made in the Preliminary Review have been incorporated in the to Final Plan Application. The CDRC shall review the Final Plan Application and return it to the applicant marked 'Approved', or'Disapproved'with the Committee's applicable comment. Upon approval, one(1)complete set of final plans and one(1) complete electronic set of final plans shall be re-submitted and retained by the • CDRC for their records and use. h. City of Bozeman Site Plan Review In addition to CDRC review and approval, all proposed development is required to undergo City of Bozeman Department of Planning and Community Development(CoB Planning) review perthe City of Bozeman UDC. At the discretion of CoB Planning,their review may occur concurrently with CDRC review,with CDRC review being a condition of final approval. An approval letter from the CDRC shall be included in the CoB Planning application as required. i. Construction Compliance At completion of construction and prior to occupancy, improvements as submitted and approved by the CRDC shall be physically verified by a representative of the CDRC for conformance with the approved Final Site Plan. If found non-compliant, per the Covenants,the Cannery District Property Owners Association • may require any Owner to restore such Owner's improvements to the condition existing prior to Comma-Q the construction thereof. Architecture The Cannery District-Final PUD Application Cannery District Partners Page 99 i - } . . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . -• - .STORMWATER``_ . . . . . . . . .RETENTLON'Bmw SNOW STORAGE. ;_, . SITE DATA AREA(AC) - ' CURRENTLY CITY 3.30 27% _ CURRENTLY COUNTY 8.92 73% Architecture 22 SPACES _ P i PAPER TOTAL SITE 12.22 100% PHASE 4 _ _ 7yuroE TOTAL PAD LOTS 2.95 24% 00) TOTAL ROAD ROW 0.41 3% TOTAL COMMON OPEN SPACES 8.85 73% + + / NOTE: BLDG O "4'. -22 SPACES -*- 22 SPACES- y- -20 SPACES - -•-8.SPACES j //// EXISTING SITE IMPROVEMENTS WITHIN PHASE 2 WILL REMAIN 707 E.OAK r _ +_ _ _ - - i^, AS-IS FOR PHASE 1 AND BE RECONSTRUCTED IN PHASE 2. ArE BLDG i` This drawing is•airdmdeaoo Mhbe 115 E.OA _ - --- / oWE s• G LANE ssPAces _ / /` _� used fa=slmdimpurposesul—the _ _ i signetl professional stamp Aareg9ere4 i ardiit I _.-- _ NdAteduemPlDyrA --- .. - 27 SPACES _ • // / 0 25 50 100 — PHASE 3 ..= ti , 1N FEET ACES 19SPACES F / N ..y BLDG G + _ •a•p 8' I F LANE 109 E.OAK 10• STAH LY 1 6 A^ 'ONO fs7o . _ -11 105PACES �e 11 SPA ES %y 4� G°9 91 < '.► I i •q "- i i PARKING A /`.. w 21SPACS '' - - z DESIGN.5 II g BLDG F 1 3 .oA E 9 — I BLDG M I \ ` I landscape architecture BLDG N - -2• U PARKING P 111 E.OAK t.... -_V _ i 231 E.OAK 105 48 - - '14 SPACES ¢ _ I - ACES _ a BLDG L - 29" PHASE 1 221 E.OAK 1 0 r I + de g Linda Iverson }� I landscape sin 40 SPACES --- -29 SPACES - .- - �. ERTV LIN ,* LOADING ,., r. t ° C LANE BLDG D 1285 N.ROUSE BLDG B 1251 N.ROUSE .T` 30SPACES •C F BLDG K PHASE 2 O `—° 03 m Q 117 E.OAK - c J cc --------L....... ..n—tie,—.,,e 1 - 31 SPACES - + Cl cc a:,—�.s.—�r--i,—u, ,—u ,—•.... i r Vim: , ` N a a ?y -- BTAI r� y o ES Co DPP 0CD q� ST S 9 c < y C o PHASE/BUILDING FOOT- STORIE GROSS USE DESIG A ION Fc�j, ° NORT E PUD 9 U O ci PRINT AREA X L I (SF) (SF) BLDG J (EXI NG) PHASE 1 211 E.OAK 4 a BLDG E 9,231 4 28,333 RETAIL,RE T URANT,OFFICE i BLDG F 12,020 1&2 15,751 RETAIL,BR ERY,OFFICE BLDG G 13,760 1&2 19,324 OFFICE u�� BLDG C 3 a BLDG H 1,600 1&2 2,100 OFFICE 1237N.ROUSE ,� 1= SE r PHASE 2 /j "^ BLDG J 11,900 1+M 13,400 HEALTH& X RCISE 3 I E a N BLDG K 8,000 1+M 10,720 RETAIL `= �0 � PHASE 3 I y c BLDG L 13,25 2 26,500 OFFICE _d` I CANNERY D67RILT MASTER PLAN BLDG M 8,700 2 16,000 OFFICE BLDG A PHASE 4 BLDG N 5,800 2 1zo3 N.ROUSE q MASTER BLDG O 9,100 2 18,000 OFFICE I TOTAL 93,361 160,128 PLAN Z • • O0ZEM � A/ Attachment 2 Shared Parking Tracking CANNERY Sheets D I S T R I C T M 0 N T A P _ Cannery District Planned Unit Development Design Guidelines Cannery District Partners, llc Shod Parking Tracking% Sheets le) 0ZEM 'qL The Cannery District utilizes shared joint-use parking for its tenants. It is anticipated that the type of CANNERY uses and use areas will change from planned uses in the future. In order to ensure adequate parking is D I S T R I C T provided to all future tenants,the Cannery District i I I parking requirements should be tracked when uses change. The following worksheet serves as a starting "�O N P N T A point to track changes in parking needs. Table 1 shows the planned uses with gross floor area and planned use area shown. At this time use area is estimated at 85%of the gross floor area. As building plans are completed this table should be updated and estimated use area should be replaced with actual use areas for each building. Table 2 shows the hourly parking demand by each type of use and planned hours of operation. The hourly parking demand is based on the ITE's (Institute of Transportation Engineers) Parking Generation, 3rd Edition manual. As planned uses become more defined,this table should be updated along with Table 1. Additionally, if the hours of operation of a particulartype of use change significantly, a new hourly distribution • may be required in order to determine joint-use parking requirements. i 1 Comma-Q Architecture The Cannery District-Final PUD AppLication Cannery District Partners Page 108 TABLE 1. Cannery District Parking Requirements Cannery District Phase I Use by • One per .. Cannery Building(Bldg E) 1st Floor Retail 1644 1397 300 of nsf floor area 4.7 1st Floor Restaurant 6027 3500 50 of nsf seating area 70.0 2nd Floor Office 7217 6134 250 of nsf floor area 24.5 3rd Floor Office 5226 4442 250 of nsf floor area 17.8 4th Floor Office 4446 3779 250 of nsf floor area 15.1 Building Common Area 3773 N/A 132.1 Cannery Complex(Bldg F) 1st Floor Office 1177 1000 250 of nsf floor area 4.0 1st Floor Distillery Seating 500 500 50 of nsf seating area 10.0 1st Floor Distillery Manufacturing 2516 2139 1000 of nsf floor area 4.1 (plus 2 spaces for 4 employees) 1st Floor Retail 2774 2358 300 of nsf floor area 7.9 1st Floor Brewery Seating 1200 1200 50 of nsf seating area 24.0 1st Floor Brewery Manufacturing 3289 2796 1000 of nsf floor area 6.8 (plus 4 spaces for 8 employees) 2nd Floor Office 3670 3120 250 of nsf floor area 12.5 Building Common Area 625 N/A 69.3 Canning Warehouse(Bldg G) Office 16741 14230 250 of nsf floor area 56.9 Building Common Area 2583 N/A 56.9 Boiler House(Bldg H) Office 2100 1785 250 of nsf floor area 7.1 Total of Phase 1 Individual Parking Requirements 265.4 Phase 1 Cummulative Totals By Use Total Office 40577 34490 250 of nsf floor area 138.0 • Total Manufacturing 5805 4934 1000 of nsf floor area 10.9 (plus 6 spaces for 12 employees) Total Retail 4418 3755 300 of nsf floor area 12.5 Bldg E Restaurant 6027 3500 50 of nsf seating area 70.0 406 Brewery/Distillery Seating 1700 1700 50 of nsf seating area 34.0 Total 265.4 RequirementCannery District Phase 2 Use by Building Area(gsf) Use-Area Parking One •. per .. Lone Mountain Building(Bldg J) 1st Floor Gym 11900 10115 200 of nsf floor area 50.6 2nd Floor Office 1500 1275 250 of nsf floor area 5.1 55.7 Bldg K 1st Floor Retail 10720 9112 300 of nsf floor area 30.4 Total of Phase 1 Individual Parking Requirements 86.0 Phase 1-2 commuiative Totals By Use Total Offlice 42077 35765 250 of nsf floor area 143.1 Total Manufacturing 5805 4934 1000 of nsf floor area 10.9 (plus 6 spaces for 12 employees) Total Retail 15138 12867 300 of nsf floor area 42.9 Bldg E Restaurant 6027 3500 50 of nsf seating area 70.0 406 Brewery/Distillery Seating 1700 1700 50 of nsf seating area 34.0 Gym 11900 10115 200 of nsf floor area 50.6 Total 351.Use by Building Area(gsf) Use Area Parking Requirement-Cannery District Phase 3 One •. per .. Bldg L 1st Floor Office 13250 11263 250 of nsf floor area 45.1 2nd Floor Office 13250 11263 250 of nsf floor area 45.1 90.1 Bldg M 1st Floor Office 8700 7395 250 of nsf floor area 29.6 2nd Floor Office 7300 6205 250 of nsf floor area 24.8 54.4 Total of Phase 3 Individual Parking Requirements 144.5 Phase 1-3 Commulative Totals By Use Total Office 84577 71890 250 of nsf floor area 287.6 Total Manufacturing 5805 4934 1000 of nsf floor area 10.9 (plus 6 spaces for 12 employees) Total Retail 15138 12867 300 of nsf floor area 42.9 Bldg E Restaurant 6027 3500 50 of nsf seating area 70.0 406 Brewery/Distillery Seating 1700 1700 50 of nsf seating area J50.6 Gym 11900 10115 200 of nsf floor area Total 4 BuildingCannery District Phase 4 Use by One .. per .. Bldg N 1st Floor Office 5800 4930 250 of nsf floor area 19.7 2nd Floor Office 4200 3570 250 of nsf floor area 14.3 34.0 Bldg O 1st Floor Office 9100 7735 250 of nsf floor area 30.9 2nd Floor Office 8900 7565 250 of nsf floor area 30.3 61.2 Total of Phase 4 Individual Parking Requirements 95.2 Phase 1-4 Commulative Totals By Use Total Office 112577 95690 250 of nsf floor area 382.8 Total Manufacturing 5805 4934 1000 of nsf floor area 10.9 (plus 6 spaces for 12 employees) Total Retail 15138 12867 300 of nsf floor area 42.9 Bldg E Restaurant 6027 3500 50 of nsf seating area 70.0 406 Brewery/Distillery Seating 1700 1700 50 of nsf seating area 34.0 Gym 11900 10115 200 of nsf floor area 50.6 Total 591.2 -- - Office 8 5 %of Max Demand 49% 84% 100% 100% 88% 79% 86% 96% 91% 40577 gsf _ _ __ 3_4_490 250 of nsf floor area 138.0 Parking Demand 68 116 138 138 121 109 _ 119 132 126 Manufacturing 8-5 %of Max Demand 100% 100% 100% 100% 100% 100%° 100% 100% 100% 5805 gsf 4934 1000 of nsf floor area+6 spaces 10.9 Parking Demand 11 11 11 11 11 11 11 11 11 Retail 9-6 %of Max Demand 18% 38% 53% 86% 100% 98% 91% 86% 81% 57% 4418 gsf 3755 300 of nsf floor area 12.5 Parking Demand 2 5 7 11 13 12 11 11 10 7 Bldg E Restarant 11-10 %of Max Demand 21% 64% 59% 74% 31% 50% 39% 72% 100% 88% 60% 6027 gsf 3500 50 of nsf seating area 70.0 Parking Demand 15 45 41 52 22 35 27 _ 50 70 62 42 406 Brewery/Distillery Seating 12-9 %of Max Demand 50% 35% 31% 22% 25% 73% 100% 100% 80% 58% 1700 gsf 1700 50 of nsf seating area 34.0 Parking Demand 17 12 11 7 9 25 34 34 27 20 Total 265.4 Total 81 132 156 174 207 185 203 183 190 59 84 104 89 62 Office/Manufacturaing 8-5 %of Max Demand 49% 84% 100% 100% 88% 79% 86% 96% 91% _ 42077 gsf 35765 250 of nsf floor area 143.1 Parking Demand 70 120 143 143 126 113 123 137 130 Manufacturing 8-5 %of Max Demand 100% 100% 100% 100% 100% 100% 100% 100% 100% 5805 gsf 4934 1000 of nsf floor area+6 spaces 10.9 Parking Demand 11 11 11 11 11 11 11 11 11 Retail 9-6 %of Max Demand 18% 38% 53% 86% 100% 98% 91% 86% 81% 57% 15138 gsf 12867 300 of nsf floor area 42.9 Parking Demand 8 16 23 37 43 42 39 37 35 24 Bldg E Restarant 11-10 %of Max Demand 21% 64% 59% 74% 31% 50% 39% 72% 100% 88% 60% 6027 gsf 3500 50 of nsf seating area 70.0 Parking Demand 15 45 41 52 22 35 27 50 _ 70 62 42 406 Brewery/Distillery Seating 12-9 %of Max Demand 50% 35% 31% 22% 25% 73% 100% 100% 80% 58% 1700 gsf 1700 50 of nsf seating area 34.0 Parking Demand 17 12 11 7 9 25 34 34 27 20 Gym 8-8 %of Max Demand 85% 80% 86% 71% 53% 49% 42% 49% 76% 88% 100% 77% 62% 11900 gsf 10115 200 of nsf floor area 50.6 Parking Demand 43 40 43 36 27 25 21 25 38 45 51 39 31 OTol,al 351.5 Total 132 188 220 241 268 244 257 239 258 121 135 143 120 62 e/Manufacturaing 8-5 %of Max Demand 49% 84% 100% 100% 88% 79% 86% 96% 91% 84577 gsf 71890 250 of nsf floor area 287.6 Parking Demand 141 242 288 288 253 227 247 276 262 Manufacturing 8-5 %of Max Demand 100% 100% 100% 100% 100% 100% 100% 100% 100% 5805 gsf 4934 1_0.00 of nsf floor area_+_ 6spac_es _ 10_.9_ Parking Demand 11 11 11 11 11 11 11 11_ _ 11 Retail 9-6 %of Max Demand 18% 38% 53% 86% 100% 98% 91% 86% 81% 57% _ 15138 gsf _ 12867 300 of nsf floor area 42.9 Parking Demand 8 16 23 37 43 42 39 37 35 24 Bldg E Restarant T 11-10 %of Max Demand 21% 64% 59% 74% 31% 50% 39% 72% 100% 88% 60% 6027 gsf 3500 50 of f nsf seating area 70.0 Parking Demand 15 45 41 52 22 35 27 50 70 62 42 406 Brewery/Distillery Seating 12-9 %of Max Demand 50% 35% 31% 22% 25% 73% 100% 100% 80% 58% 1700 gsf 1700 50 of nsf seating area 34.0 Parking Demand 17 12 11 7 9 25 34 34 27 20 Gym 8-8 %of Max Demand 85% 80% 86% 71% 53% 49% 42% 49% 76% 8V% 100% 77% 62% 11900 gsf 10115 200 of nsf floor area 50.6 Parking Demand 43 40 43 36 27 25 21 25 38 45 51 39 31 Total 496.0 Total 203 309 365 386 395 358 381 378 389 121 135 143 120 62 Office/Manufacturaing 8-5 %of Max Demand 49% 84% 100% 100% 88% 79% 86% 96% 91% 112577 gsf 95690 250 of nsf floor area 382.8 Parking Demand 188 322 383 383 337 302 329 367 348 Manufacturing 8-5 %of Max Demand 100% 100% 100% 100% 100% 100% 100% 100% 100% 5805 gsf 4934 1000 of nsf floor area+6 spaces 10.9 Parking Demand 11 11 11 11 11 11 11 11 11 Retail 9-6 %of Max Demand 18% 38% 53% 86% 100% 98% 91% 86% 81% 57% 15138 gsf 12867 300 of nsf floor area 42.9 Parking Demand 8 16 23 37 43 42 39 37 35 24 Bldg E Restarant 11-10 %of Max Demand 21% 64% 59% 74% 31% 50% 39% 72% 100% 88% 60% 6027 gsf 3500 50 of nsf seating area 70.0 Parking Demand 15 45 41 52 22 35 27 50 70 62 42 406 Brewery/Distillery Seating 12-9 %of Max Demand 50% 35% 31% 22% 25% 73% 100% 100% 80% 58% • 1700 gsf 1700 50 of nsf seating area 34.0 Parking Demand 17 12 11 7 9 25 34 34 27 20 Gym 8-8 %of Max Demand 85% 80% 86% 71% 53% 49% 42% 49% 76% 88% 100% 77% 62% 11900 gsf 10115 200 of nsf floor area 50.6 Parking Demand 43 40 43 36 27 25 21 25 38 45 51 39 31 Total 591.2 Total 249 389 460 481 479 433 463 469 476 121 135 143 120 62 • � 0 Z E Mq ti Attachment 4. P - Common Open Space CANNERY Lighting Information D I S T R I C T 9 g III M 0 N T PA N P Cannery District Planned Unit Development Design Guidelines Cannery District Partners, llc • TYPE DS1 - HEAD 1 AND 2 *0FORM Redefining va u e OUTDOOR SITE & AREA • with outstand 'ing performance PHILIPS GARDCO, LED SITE&AREA LUMINAIRE, ECOFORM •••••�® 4 DESIGNUGNTS •,' cCPU. ns The Philips Gardcb EcoForm combines economy with performance "CON SORT I LI M in an LED area luminaire. Capable of delivering up to 20,000 lumens Project: or more in a compact, low profile LED Iuminaire, EcoForm offers Location: a new level of customer value. EcoForm features an innovative Catalog No: retrofit arm kit, simplifying site conversions to LED by eliminating Fixture Type: the need to drill additional holes in most existing poles. Integral Mfg: Qty: control systems available for further energy savings. Notes: Ordering guide Prefix Mounting Optics LED Array LED Voltage Finish Options &LED Selection Wattage • ECF EcoForm Standard 1 Single 2 Type 2 530 mA CW 5,700K UNV BRP Bronze TL Tool-Less entry& Luminaire 2 2@180 3 Type 3 SSLA-32S3' 70 CRI 1 0- 77V Paint driver removal 7SLA-4853 NW 4'00 K HVU � hardware ECF-DIM EcoForm with 2@90 2@90 4 Type 4 100LA-6453 70 CRI 347-480V j BLP Black 0-10V Dimming 3 3@90 S Type S Paint TB Terminal Block ECF-APD' EcoForm with Auto 3@120 3@120 700mA WW' 3,000K 120 yyp White ISs Internal Shield 70LA-3270 70 CRI 208 s D Profile Dimming 4 4@90 Paint LF Line Fusing 70 ECF-MRS02 EcoForm with WS Wall mount 13SLA-10SLA-484870 240 NP Natural LFC1,10 Line Fusing for Motion Response including 277 Paint Canada at 50%low Surface 1050mA 347 Pole mounted sensor conduit 10SLA-321A' OC Optional PCR Photocell 480 Color Receptacle ECF-APD-MRO'EcoForm with Rear entry 160LA-481A Speciy Only permitted 215 LA-641 A optional color Auto Profile Receptacle with Dimming and MA Mast Arm � or RAL PC','-" Rece P Fitter ex OC-LGP Photocell Motion Response or Override (requires OC-RAL7024. PCB'-',"Photocell Pole mounted sensor 2-3/8"O.D. Button Mast Arm) SC Special ECF-MRI'•4 EcoForm with Color RAM Retrofit Arm Motion Response Speciy Must Mount Kit at 50%low supply color PTF2' Pole Top Fitter chip.Requires Luminaire mounted factory quote. for 2-3/8"-3"Tenon sensor PTF38 Pole Top Fitter ECF-APD-MRI1•4 EcoForm with Auto for 3"-3.5"Tenon Profile Dimming with PTF48 Pole Top Fitter Motion Response for 3.5"-4"Tenon Override Luminaire mounted l RPA' Round Pole Adaptor sensor ,t for 3"to 3.9°OD BD Bird Deterrant (field installed only) 1.Available in 120V thru 277V only. 4.ECF-MRI requires outboarded sensor 6.Voltage must be specified. 9.No adaptor required for 4°round poles. 2.Available in 120V or 277V only. when used with Terminal Block(TB)option. 7.Not available in 480V. RPAs provided with Black Paint standard. • 3.Contact factory for lead times on warm white. 5.Not available with Type 5 optics. 8.NDt available in 3 @ 120. 10.Not available with UNV(120-277V). @ 2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. pH I LI PS Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 1 of 6 GARDCO 0 41COFORM OUTDOOR SITE & AREA Accessories(Order Separately) • FS1 R-100 MR hand held programmer(For use with'MRI' MS-A-120V 120V input-Motion Sensor for motion response when field programming is MRSO or APD-MRO required).If desired,only one is needed per job. MS-A-277V 277V,input-Motion Sensor for MRSO or APD-MRO LED Wattage and Lumen Values-Standard EcoForm Luminaire Initial Lumens" Order Code Array Total LED Average LED 2 3 4 S (standard units) Quantity LEDs Selection Current System Type 2 Type 3 Type 4 Type 5 (mA) Watts" SSLA-32S3 2 32 530 52 NW 5,994(s) 5,895(s) 5,823(s) 5,588(s) 7SLA-48S3 3 48 530 77 NW 8,899(s) 8,753(s) 8,646(s) 8,297(s) 100LA-64S3 4 64 530 103 NW 11,896(s) 11,700 11,558 11,091 70LA-3270 2 32 700 69 NW 7,385(s) 7,576(s) 7,293(s) 7,068(s) 1OSLA-4870 3 48 700 104 NW 10.965(s) 11,249(s) 10,828(s) 10,494(s) 13SLA-6470 4 64 700 139 NW 14,657(s) 15,037 14,475(s) 14,028 IOSLA-321A 2 32 10SO 1 107 NW 10,199(s) 10,458 10,072(s) 9,767 160LA-481A 3 48 1050 158 NW 15,144(s) 15,565 14,955(s) 14,465 21SLA-641A 4 64 1050 1 211 NW 20,243 20,252 19,991 19,880 11.System input wattage may vary based on input voltage,by up to+/-10%,and based on manufacturer forward voltage,by up to+/-8%. 12.Lumen values based on photometric tests performed in compliance with IESNA LM-79. (s).Data is scaled based on tests of similar,but not identical,luminaires. • EcoForm Drill Template(Standard Arm Mount) -------i-- 2.50.1 6.35 cm 00.41" }�----- -- ----�- 1.04 cm } 1.00" 2.54 cm 2 0" 00.87S" + ---- - 5.08cm 2.22 cm l�T----- -------- �- Note:For reference only.Drawing not to scale. • ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 2 of 6 W.0FORM OUTDOOR SITE & AREA • Dimensions-Standard EcoForm Luminaire Top View Side View End View 2.1.. j 5.3 cm�� 333 c cm � 3.3.. 2.5" � � 8.38 cm 7� " 6.35 cm ' I ------ - }I 3.3 cm 7 24 2" I I �I 61.47 cm ' I 1 6.1'�I �I 15.5 cm 24.2"�� EPA(Ft2/M2) 4.2 Approximate Luminaire Weight: Single Twin(2@180) 3/4@90 20 Lbs(9.07 Kg). 0.2/0,019 0.5/0.046 0.5/0.046 Dimensions-EcoForm with Retrofit Arm Mount(RAM) Top View Side View End View ( 26" i rI� \ 66.04 cm 1 ' 13' 60.45 CM-1 - 1 33.02 cm I 3.3.' 1 6.. - 8.3-cm --- - - 2.2' 16.7.76 cm 6.6" 16.76 cm S.SB cm i I EPA(Ft2/M2) Single Twin(2@180) 3/4@90 Approximate Luminaire Weight: • 0.3/0.028 0.6/0.056 0.7/O.C65 21 Lbs(9.53 Kg) Dimensions-EcoForm with Mast Arm Fitter(MA) Top View Side View End View - --- 2.1" 3.3" 5.3 cm 13" -� 8.4 cm 33 cm I i -7.4 cm - I I 8.38 crry -- - JJJ T 7.7 ____-_ I i ' 19.56 cm 13.4" /I I ' 31.5" I 34.04 cm I 80.01 cm --------------------------- 31.5" 80.01 cm� EPA(Fc2/M2) Single Approximate Luminaire Weight: 0.51/0.047 21.5 Lbs(9.77 Kg) Dimensions- EcoForm with Wall Mount(WS) Top View Side View End View 13" 1.5-' 33 cm J 5,55 c 3.8 cm' 65 6i55 cm �1 1;�3.23 J ---'I- -18.2 cm1 f 165 cm. Y -_ 2.0" I I \ 5.1 cm1 , I 20.57cm Approximate Luminaire Weight: 26.2" 23.36 Lbs(10.6 Kg) 66.55 cm ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 3 of 6 9COFORM OUTDOOR SITE & AREA Luminaire Configuration Information • ECF The area motion detector provides coverage equal to up to 6 times the sensor Philips Gardco EcoForm LED standard luminaire providing constant wattage and height above ground,270°from the front-center of the sensor. constant light output when power to the luminaire is energized. Area PIR Motion Sensor Coverage Pattern: ECF-DIM Philips Gardco EcoForm LED luminaire provided with 0-10V dimming for connection 270'Front Coverage to a control system provided by others. Distances are ECF-APD 90 approximate. \ H=Height Above Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming.Luminaire Ground is provided with a Philips DynaDimmer module,programmed to go to 50%power, Height) � 50%light output two(2)hours prior to night time mid-point and remain at 50%for six(6)hours after night time mid-point.Mid-point is continuously recalculated by 1H 3H 6H the Philips DynaDimmer module based on the average mid-point of the last two full Motion response requires that the pole include an additional hand hole 15 feet night cycles.Short duration cycles,and power interruptions are ignored and do not above the pole base,normally oriented 180°to the standard hand hole. For Philips affect the determination of mid-point. Gardco poles,order the pole with the Motion Sensor Mounting(MSM)option ECF-APD is available in 120V through 277V input only. which includes the hand hole and aspecial hand hole cover plate for the sensor ECF-APD Dimming Profile: with a 1/2"NPT receptacle centered on the hand hole cover plate into which the motion sensor mounts. Once the motion sensor is connected to the hand hole cover plate,then wiring connections are completed in the pole.The plate(complete 2 Hours 6 Hours with motion sensor attached and wired)is then mounted to the hand hole.If poles are supplied by others,the customer is responsible for providing suitable mounting 100% 100% accommodations for the motion sensor in the pole. 50% 50% Mounting to a Philips Gardco Pole Power On Mid Point Power Off Cover Plate with 1/2"NPT Coupling �suedle)ECF-MRSO Wiring �' Attach Motion • in Sensor to Cover Philips Gardco EcoForm LED luminaire with motion response,providing a 50% Pole Plate coupling, power reduction on low and a commensurate reduction in light output.The R Complete Wiring power and light output reduction is accomplished utilizing the Philips DynaDimmer Motion Sensor in Pole and Attach module,programmed for a constant 50%power. Power supplied by the motion Additional Hand Hole 15'Above Pale Base Cover Plate to Hand sensor connected to the override line on the DynaDimmer takes the luminaire to (oriented I80°to the standard hand hole) Hole high setting,100%power and light output,when motion is detected.The luminaire remains on high until no motion is detected for the motion sensor duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. ECF-APD-MRO ECF-MRSO is available in 120V through 277V input only to the luminaire. Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming,with Motion sensors require single voltage 120V or 277V input. Motion Response Override.The ECF-APD-MRO combines the benefits of both automatic profile dimming and motion response,using the Philips DynaDimmer The Area PIR motion sensor is the WattStopper EW-200-120-W(120V Input-MSA- module.The luminaire will dim to 50%power,50%light output,per the dimming 120V)or the WattStopper EW-200-277-W(277V Input-MSA-277V.)One motion profile shown for the ECF-APD.If motion is detected during the time that the sensor per pole is required and is ordered separately. Area sensors require single luminaire is operating at 50%,the luminaire returns to 100%power and light output. voltage 120V or 277V input. The luminaire remains on high until no motion is detected for the duration period, y, / after which the luminaire returns to low.Duration period is factory set at 15 . minutes,and'is field adjustable from 5 minutes up to 15 minutes. Red Connects to Black,120V OR Override Input 277V Input (Orange)Line of NOTES: White-Neutral Sensor DynaDimmer ECF-APD-MRO is available in 120V through 277V input only to luminaire.The motion sensor requires either 120V or 277V input to the motion sensor. The ECF-APD-MRO has the same pole requirements and utilizes the same motion sensors as the ECF-MR50.The motion sensor mounts and wires identically as well. The ECF-APD-MRO utilizes the identical dimming profile as shown for the ECF-APD. By combining the benefits of automatic profile dimming and motion response,the ECF-APD-MRO assures maximum energy savings.and insures that adequate light is • present if motion is detected. All motion sensors utilized consume 0.0 watts in the off state. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 4 of 6 *OFORM OUTDOOR SITE & AREA Luminaire Configuration Information(Continued) ECF-MRI Luminaires with Motion Response include a LED driver and an integral FS1 R-100 Wireless Remote Programming Tool programmable motion sensor.The motion sensor is set to a constant 50%.When motion is detected,the luminaire goes to 100%.The luminaire remains on high The FS1R-100 Remote Programming Tool accessory permits adjustment of ECF,MRI until no motion is detected for the motion sensor duration period,after which the and E ut the need to sensor settings,including duration and dimming level on low, without the need to connect any wires to the luminaire. luminaire returns to low.Duration period is factory set at 5 minutes. Available with 120V or 277V only. The FS1 R-100 Wireless IR Programming Tool is a handheld tool for setup and testing Luminaires include a passive infrared(PIR)motion sensor,WattStopperO FSP-211 of WattStopper FSP-211.It provides wireless access to the FSP-211 sensors for setup equipped with an FSP-L3 lens,capable of detecting motion within 20 feet of the and parameter changes. sensor,180°around the luminaire,when placed at a 20 foot mounting height,or mounted on a wall.Available in 120V or 277Y input only.Motion sensor off state The FS1R-100 display shows menus and prompts to lead you through each power is 0.0 watts. process.The navigation pad provides a familiar way to navigate through the The approximate motion sensor coverage pattern is as shown below. customization fields. Side Coverage Pattern Top Coverage Pattern Within a certain mounting height of the sensor,the FS1 R-100 allows modification of the system without requiring ladders or tools simply with a touch of a few buttons. (Distances are approximate. The FS1 R-100 IR transceiver allows bi-directional communication between the IH=Height FSP-211 and the FS1 R-100 programming tool.Simple menu screens let you see above ground. the current status of the system and make changes.It can change FSP-211 sensor parameters such as high/low mode,sensitivity,time delay,cut off and more.With the FSIR-100 you can also establish and store FSP-211 parameter profiles. 1H The FS1 R-100 operates on three standard 1.5V AAA Alkaline batteries or three 2H 2H rechargeable AAA NiMH batteries.The battery status displays in the upper right t 0 corner of the display.Three bars next to BAT--indicates a full battery charge. A warning appears on the display when the battery level falls below a minimum acceptable level.To conserve battery power,the FSIR-100 automatically shuts off 10 minutes after the last key press. r You navigate from one field to another using(up)or(down)arrow keys.The active field is indicated by flashing(alternates between yellow text on black background and ECF-APD- MRI black text on yellow background.) Luminaires with Automatic Profile Dimming and Motion Response Override combine the benefits of both automatic profile dimming and motion response. Once active,use the Select button to move to a menu or function within the active APD-MRI luminaires utilize Philips DynaDimmer.The luminaire will dim to 50% field.Value fields are used to adjust parameter settings.They are shown in"less- power,50%light output,per the dimming profile shown for APD luminaires(see than/greater-than"symbols:<value>.Once active,change them using(left)and page 4).If motion is detected during the time that the luminaire is operating at (right)arrow keys.In general the up key increments and the down key decrements a 50%,the luminaire goes to 100%power and light output.The luminaire remains on value.Selections wrap-around if you continue to press the key beyond maximum or high until no motion is detected for the duration period,after which the luminaire minimum values.Moving away from the value field overwrites the original value.The returns to low.Duration period is factory set at 5 minutes. Home button takes you to the main menu.The Back button can be thought of as an undo function.It takes you back one screen.Changes that were in process prior to APD-MRI luminaires are available with 120V or 277V input voltages only. pressing the key are Iost.More information on the FSIR-100 Remote Programming Tool is available at wattstopper.com. APD-MRI luminaires use the identical motion sensor as MRI luminaires. See motion sensor details for ECF-MRI. Power— On/Off Home/Main Menu Back I 074a�'j Up Lek Right/Next Down Select ©2013 Koninklijke Philips N.V.(Royal Philips). All-ights reserved. Specifications are subject to change without novice. www.philips.com/luminaires G200-047 08/13 page 5 of 6 i 9COFORM OUTDOOR SITE & AREA Specifications • General Description Motion Sensors Listings The Philips Gardco EcoForm combines economy with ECF-MR50,ECF-APD-MRO,ECF-MRI,ECF-APD- ETL/cETL listed to the LIL 1598 standard,suitable for performance in an LED area luminaire.Capable of MRI luminaires may be specified for additional energy Wet Locations.Suitable for use in ambients from-30° delivering up to 20,000 lumens or more in a compact, savings during unoccupied periods.See pages 4-6 for to 40°C(-22°to 104°F).The quality systems of this low profile LED Iuminaire,EcoForm offers a new level complete details. facility have been registered by LIL to the ISO 9001 of customer value.Integral control systems including series standards.All EcoForm luminaires equipped with motion response are available for further energy LED Thermal Management NW and CW are DesignLights Consortium®qualified. savings during off peak hours. The housing design allows the one piece housing to provide excellent thermal management critical to long Finish HouIsing LED system life. Each standard color Iuminaire receives a fade and One piece die cast aluminum housing with integral arm abrasion resistant,electrostatically applied,thermally and separate,self retained hinged,one piece die cast Optical Systems cured,triglycidal isocyanurate(TGIC)textured door frame. Type 2,3,4,and 5 distributions available.Internal polyester powdercoac finish.Standard colors include Shield option mounts to LED optics and is available bronze(BRP),black(BLP),white(WP),and natural IP Rating with Type 2,3,and 4 distributions to control backlight. aluminum(NP).Consult factory for specs on optional LED light engine rated IP66. or custom colors. Mounting Warranty Vibration Resistance Standard Iuminaire arm mounts to 4"round poles. EcoForm with Standard Arm carries a 3G vibration Square pole adapter included with every Iuminaire. EcoForm luminaires feature a 5 year limited warranty. Philips Gardco LED luminaires with LED arrays feature rating that conforms to standards set forth by ANSI Round Pole Adapter(RPA)required for 3-3.9"poles. a 5 year limited warranty covering the LED arrays.LED C136.31.Testing includes vibration to 3G acceleration Drivers also limited a 5 year limited warrant Motion in three axes,all performed on the same Iuminaire. Retrofit Arm Mount y y y sensors are covered by warranty for 5 years by the Electrical EcoForm features an innovative retrofit arm kit.When motion sensor manufacturer. specified with the retrofit arm(RAM)option,EcoForm Driver efficiency(>90%standard).120-480V available seamlessly simplifies site conversions to LED by (restrictions apply).Open/short circuit protection. eliminating the need for additional pole drilling on most Optional 0-10V dimming to 10%power.RoHS existing poles.RAM will be boxed separately. compliant.Surge protector standard.10KA per ANSI/ IEEE C62.41.2. 6 LED Board and Array 4 2..35" • 32,48,or 64 LEDs.Color temperatures:3000K, 6.03 cm 4000K,5700K+/-250K.Minimum CRI of 70. Aluminum metal clad board.RoHS compliant. t 5.1875" 13.18 cm Energy Saving Benefits A System efficacy up to 95 Ims/W with significant energy savings over Pulse Start Metal Halide luminaires. Optional control options provide added energy savings during unoccupied periods. LED Performance: PREDICTED LUMEN DEPRECIATION DATAt3 Ambient Driver mA Calculated L70 L Per TM-2114,'s Lumen Maintenance% Temperature°C Hours1.14 70 @ 60,000 hours Up to 40°C Up to 1050 mA >350,000 Hours >60,000 Hours 97% 13. Predicted performance derived from LED manufacturer's data and engineering design estimates,based on IESNA LM-80 methodology.Actual experience may vary due to field application conditions. 14. Lm is the predicted time when LED performance depreciates to 70%of initial lumen output. 15.Calculated per IESNA TM21-11.Published L.hours limited to 6 times actual LED test hours. i ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 6 of 6 TYPE DS2 - HEAD 1 ' *OFORM Redefiningvaiue OUTDOOR SITE & AREA e with outstand 'ing performance PHILIPS GARDCO, LED SITE&AREA LUMINAIRE, ECOFORM •HHH" D [SIGN IIGNTS AN- inThe Philips Gardco EcoForm combines economywith performance C O N S O R T I U M an LED area luminaire. Capable of delivering up to 20,000 lumens Project: or more in a compact, low profile LED luminaire, EcoForm offers Location: a new level of customer value. EcoForm features an innovative Catalog No: retrofit arm kit, simplifying site conversions to LED by eliminating Fixture Type: the need to drill additional holes in most existing poles. Integral Mfg: Qty: control systems available for further energy savings. Notes: Ordering guide Prefix Mounting Optics LED Array LED Voltage Finish Options &LED Selection Wattage • ECF EcoForm Standard 1 Single 2 Type 2 530 mA CW 5,700K UNV BRP Bronze TL Tool-Less entry& Luminaire 2 2@180 3 Type 3 SSLA-3253' 70 CRI 0- 77V Paint driver removal ECF-DIM EcoForm with 2@90 2@90 4 Type 4 7SLA-48S3 NW 4,000K HVU gLP Black hardware 0-10V Dimming3 3@90 S Type 5 100LA-6453 70 CRI 347-480V Paint TB' Terminal Block ECF-APD' EcoForm with Auto 3@120 3@120 700mA WWI 3,000K 120 VVP White ISs Internal Shield 70LA-3270 208 610 Profile 70 CRI Dimming q q@90 Paint LF• Line Fusing IOSLA-4870 ECF-MRSO' EcoForm with WS Wall mount 135LA-6470 240 NP Natural LFC°•10 Line Fusing for Motion Response including 277 Paint Canada at 50%low Surface 1050mA 347 Pole mounted sensor conduit IOSLA-321A' OC Optional PCR Photocell 480 Color Receptacle 1 Rear entry 160LA-481A ECF-APD-MRO EcoForm with Specify Only Auto Profile permitted 21 SLA-641A optional color MA Mast Arm or RAL PC','-'* Receptacle with Dimming and ex:OC-LGP Photocell Motion Response Fitter or Override (requires OC-RAL7024. PCB1.7.10 Photocell Pole mounted sensor 2-3/8"O.D. Button Mast Arm) SC Special ECF-MRI'•' EcoForm with Color RAM Retrofit Arm Motion Response Specify.Must Mount Kit supply color at 50%low chip.Requires PTF21 Pole Top Fitter Luminaire mounted factory quote.. for 2-3/8"-3'Tenon sensor PTF31 Pole Top Fitter ECF-APD-MRI'•'EcoForm with Auto for 3"-3.5"Tenon Profile Dimming with PTF48 Pole Top Fitter Motion Response for 3.5•-4"Tenon Override Luminaire mounted RPA' Round Pole Adaptor for 3"to 3.9"OD sensor BD Bird Deterrant (field installed only) 1.Available in 120V thru 277V only. 4.ECF-MRI requires outboarded sensor 6.Voltage must be specified. 9.No adaptor required for 4"round poles. 2.Available in 120V or 277V only. when used with Terminal Block(TB)option. 7.Not available in 48OV. RPAs provided with Black Paint standard. • 3.Contact factory for lead times on warm white. 5.Not available with Type 5 optics. 8.Not available.in 3 @ 120. 10.Not available with.UNV(120-277V). ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. p'„"C'PS Specifications are subject to change without notice. l www.philips.com/luminaires G200-047 08/13 page 1 of 6 GARDCO OCOFORM OUTDOOR SITE & AREA Accessories(Order Separately) FSIR-100 MR hand held programmer(For use with'MRI' MS-A-120V 120V input-Motion Sensor for motion response when field programming is MR50 or APD-MRO required).If desired,only one is needed per job. MS-A-277V 277V input-Motion Sensor for MR50 or APD-MRO LED Wattage and Lumen Values-Standard EcoForm Luminaire Initial Lumens" LED Average 2 3 4 S Order Code Array Total Current System LED Type 2 Type 3 Type 4 Type 5 (standard units) Quantity LEDs Selection (mA) Watts" SSLA-3253 2 32 530 52 NW 5,994(s) 5,895(s) 5,823(s) 5,588(s) 7SLA-48S3 3 48 530 77 NW 8,899(s) 8,753(s) 8,646(s) 8,297(s) 10011-A-64S3 4 64 530 103 NW 11,896(s) 11,700 11,558 11,091 70LA-3270 2 32 700 69 NW 7,385(s) 7,576(sj 7,293(s) 7,068(s) 1OSLA-4870 3 48 700 104 NW 10,965(s) 11,249(s) 10,828(s) 10,494(s) 13SLA-6470 4 64 700 139 NW 14,657(s) 15,037 14,475(s) 14,028 10SLA-321A 2 32 1050 107 NW 10,199(s) 10,458 10,072(s) 9,767 160LA-481A 3 48 1050 158 NW 15,144(s) 15,565 14,955(s) 14,465 21SLA-641A 4 64 1050 211 NW 20,243 20,252 19,991 19,880 11.System input wattage may vary based on input voltage,by up to+/-10%,and based on manufacturer forward voltage,by up to+/-8%. 12.Lumen values based on photometric tests performed in compliance with IESNA LM-79. (s).Data is scaled based on tests of similar,but not identical,luminaires. • EcoForm Drill Template(Standard Arm Mount) -------i-- 2.50" 6.35 cm 00.41" }�----- --j-- --�- 1.04 cm 1 1.00" 2.54 cm 2.0" 00.875"' + ---- - 5.08cm 2.22 cm Note:For reference only.Drawing not to scale. i i ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 2 of 6 *0FORM OUTDOOR SITE & AREA • Dimensions-Standard EcoForm Luminaire Top View Side View End View 2.1- 5.3 cm 13' 33 cm 3.3..2.5- I 8.38 crri______ -a = 6.35 cm•� 1.3- , ' } 3.3 24.2" 1 I 61.47 cm ' ' I 15.5 cm 24 2"�I EPA(Ft=/Mz) 61.47 cm Approximate Luminaire Weight: Single Twin(2@180) 3/4@90 20 Lbs(9.07 Kg) 0.2/0.019 0.5/0.046 0.5/0.046 Dimensions-EcoForm with Retrofit Arm Mount(RAM) Top View Side View End View 26- 66.04 cm ' 13- 60458cm ' I 33.02 cm I 1 33" 8.3i - 16.76cm 5.58cm �_ •�------- EPA(Ft'/M') Single Twin(2@180) 3/4@90 Approximate Luminaire Weight: • 0.3/0.028 0.6/0.056 0.7/0.065 21 Lbs(9.53 Kg) Dimensions-EcoForm with Mast Arm Fitter(MA) Top View Side View End View 3.3" 5.3 cm��- 13" 8.4 cm � 33<m I -� 4 ire, 3.3,./ t7.4 cm- _ I _ I 8.38 cm+ -- 1 �.- 111 T ' ------- - 1 1 I 1956 cm ' If-13.4" I� i ' 31.5" ' I 34.04 cm I 80.01 cm - 31.5'* 80.01 cm EPA(W/Ml) Single Approximate Luminaire Weight: 0.51/0.047 21.5 Lbs(9.77 Kg) Dimensions- EcoForm with Wall Mount(WS) Top View Side View End View 13" 1.5"' 33 cm I J- I I o'8.2 cm1 63- { 16.5 cm 16 O _ 6.5" - 5 cm T. V0 1 2.0" r 1 ------ I \ 5.1 cm. • 3.3.,I 8.1" ' 20.57cm ' I '6.4cm' Approximate Luminaire Weight: 26.2" 23.36 Lbs(10.6 Kg) 66.55 cm ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 3 of 6 41COFORM OUTDOOR SITE & AREA Luminaire Configuration Information • ECF The area motion detector provides coverage equal to up to 6 times the sensor Philips Gardco EcoForm LED standard luminaire providing constant wattage and height above ground,270°from the front-center of the sensor. constant light output when power to the luminaire is energized. Area PIR Motion Sensor Coverage Pattern: ECF-DIM Philips Gardco EcoForm LED luminaire provided with 0-10V dimming for connection 270°Front Coverage to a control system provided by others. Distances are ECF-APD 90� approximate. H=Height Above Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming.Luminaire �� Ground is provided with a Philips DynaDimmer module,programmed to go to 50%power, Height)l _ 50%light output two(2)hours prior to night time mid-point and remain at 50%for six(6)hours after night time mid-point.Mid-point is continuously recalculated by 1H 3H 6H the Philips DynaDimmer module based on the average mid-point of the last two full Motion response requires that the pole include an additional hand hole 15 feet night cycles.Short duration cycles,and power interruptions are ignored and do not above the pole base,normally oriented 180°to the standard hand hole. For Philips affect the determination of mid-point. Gardco poles,order the pole with the Motion Sensor Mounting(MSM)option ECF-APD is available in 120V through 277V input only. which includes the hand hole and a special hand hole cover plate for the sensor ECF-APD Dimming Profile: with a 1/2"NPT receptacle centered on the hand hole cover plate into which the motion sensor mounts. Once the motion sensor is connected to the hand hole cover plate,then wiring connections are completed in the pole.The plate(complete 2 Hours 6 Hours with motion sensor attached and wired)is then mounted to the hand hole.If poles are supplied by others,the customer is responsible for providing suitable mounting 100% 100% accommodations for the motion sensor in the pole. 50% , 50% Mounting to a Philips Gardco Pole Power On Mid Point Power Off Cover Plate with 1/2"NPT Coupling Ho (supplied with pole) • ECF-MR50 Wiring A' Attach Motion in Sensor to Cover Philips Gardco EcoForm LED luminaire with motion response,providing a 50% Pole Plate coupling, power reduction on low and a commensurate reduction in light output.The R Complete Wiring power and light output reduction is accomplished utilizing the Philips DynaDimmer Motion Sensor in Pole and Attach module,programmed for a constant 50%power. Power supplied by the motion Additional Hand Hole 15'Above Pole Base Cover Plate to Hand sensor connected to the override line on the DynaDimmer takes the luminaire to (oriented 180°to the standard hand hole) Hole high setting,100%power and light output,when motion is detected.The luminaire remains on high until no motion is detected for the motion sensor duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. ECF-APD-MRO ECF-MRSO is available in 120V through 277V input only to the luminaire. Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming,with Motion sensors require single voltage 120V or 277V input. Motion Response Override.The ECF-APD-MRO combines the benefits of both automatic profile dimming and motion response,using the Philips DynaDimmer The Area PIR motion sensor is the WattStopper EW-200-120-W(120V Input-MSA- module.The luminaire will dim to 50%power,50%light output,per the dimming 120V)or the WattStopper EW-200-277-W(277V Input-MSA-277V.)One motion profile shown for the ECF-APD.If motion is detected during the time that the sensor per pole is required and is ordered separately. Area sensors require single luminaire is operating at 50%,the luminaire returns to 100%power and light output. voltage 120V or 277V input. 7 ^� The luminaire remains on high until no motion is cetected for the duration period, S after which the luminaire returns to low.Duration period is factory set at 15 l minutes,and is field adjustable from 5 minutes up to 15 minutes. Black,120V OR ` Red Connects to Override Input 277V Input (Orange)Line of NOTES: White-Neutral Sensor DynaDimmer ECF-APD-MRO is available in 120V through 277V input only to luminaire.The motion sensor requires either 120V or 277V input to the motion sensor. The ECF-APD-MRO has the same pole requirements and utilizes the same motion sensors as the ECF-MR50.The motion sensor mounts and wires identically as well. The ECF-APD-MRO utilizes the identical dimming profile as shown for the ECF-APD. By combining the benefits of automatic profile dimming and motion response,the ECF-APO-MRO assures maximum energy savings,and insures that adequate light is • present if motion is detected. All motion sensors utilized consume 0.0 watts in:he off state. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 4 of 6 *0FORM OUTDOOR SITE & AREA • Luminaire Configuration Information(Continued) ECF-MRI Luminaires with Motion Response include a LED driver and an integral FS1 R-100 Wireless Remote Programming Tool programmable motion sensor.The motion sensor is set to a constant 50%.When motion is detected,the luminaire goes to 100%.The luminaire remains on high The FS1R-100 Remote Programming Tool accessory permits adjustment of ECF-MRI until no motion is detected for the motion sensor duration period,after which the and E ut the need t sensor settings,including duration and dimming level on low, luminaire returns to low.Duration period is factory set at 5 minutes. Available with without the need to connect any wires to the luminaire. 120V or 277V only. The FS1 R-100 Wireless IR Programming Tool is a handheld tool for setup and testing Luminaires include a passive infrared(PIR)motion sensor,WattStopper"FSP-211 of WattStopper FSP-211.It provides wireless access to the FSP-211 sensors for setup equipped with an FSP-L3 lens,capable of detecting motion within 20 feet of the and parameter changes. sensor,180°around the luminaire,when placed at a 20 foot mounting height,or mounted on a wall.Available in 120V or 277V input only.Motion sensor off state The FS1R-100 display shows menus and prompts to lead you through each power is 0.0 watts. process.The navigation pad provides a familiar way to navigate through the The approximate motion sensor coverage pattern is as shown below. customization fields. Side Coverage Pattern Top Coverage Pattern Within a certain mounting height of the sensor,the FS1R-100 allows modification of the system without requiring ladders or tools simply with a touch of a few buttons. Distances are Iapproximate. The FS1R-100 IR transceiver allows bi-directional communication between the `H=Height FSP-211 and the FS1 R-100 programming tool.Simple menu screens let you see /f `above ground. the current status of the system and make changes.It can change FSP-211 sensor parameters such as high/low mode,sensitivity,time delay,cut off and more.With the FS1R-100 you can also establish and store FSP-211 parameter profiles. 1H The FS1R-100 operates on three standard 1.5V AAA Alkaline batteries or three 2H 2H rechargeable AAA NiMH batteries.The battery status displays in the upper right corner of the display.Three bars next to BAT=indicates a full battery charge. A warning appears on the display when the battery level falls below a minimum acceptable level.To conserve battery power,the FS1 R-100 automatically shuts off 10 minutes after the last key press. IRK* You navigate from one field to another using(up)or(down)arrow keys.The active field is indicated by flashing(alternates between yellow text on black background and ECF-APD-MRI black text on yellow background.) Luminaires with Automatic Profile Dimming and Motion Response Override combine the benefits of both automatic profile dimming and motion response. Once active,use the Select button to move to a menu or function within the active APD-MRI luminaires utilize Philips DynaDimmer.The luminaire will dim to 50% field.Value fields are used to adjust parameter settings.They are shown in"less- power,50%light output,per the dimming profile shown for APD luminaires(see than/greater-than"symbols:<value>.Once active,change them using(left)and page 4).If motion is detected during the time that the luminaire is operating at (right)arrow keys.In general the up key increments and the down key decrements a 50%,the luminaire goes to 100%power and light output.The luminaire remains on value.Selections wrap-around if you continue to press the key beyond maximum or high until no motion is detected for the duration period,after which the luminaire minimum values.Moving away from the value field overwrites the original value.The returns to low.Duration period is factory set at 5 minutes. Home button takes you to the main menu.The Back button can be thought of as an undo function.It takes you back one screen.Changes that were in process prior to APD-MRI luminaires are available with 120V or 277V input voltages only. pressing the key are Iost.More information on the FS1R-100 Remote Programming Tool is available at wattstopper.com. APD-MRI luminaires use the identical motion sensor as MRI luminaires. See motion sensor details for ECF-MRI. Power— On/Off Home/Main i Menu Back I Q � Up Left f i ► ` Right/Next Down • Select ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change w thout notice. www.philips.com/luminaires G200-047 08/13 page 5 of 6 011 41COFORM OUTDOOR SITE & AREA Specifications • General Description Motion Sensors Listings The Philips Gardco EcoForm combines economy with ECF-MRSO,ECF-APD-MRO,ECF-MRI,ECF-APD- ETL/cETL listed to the UL 1598 standard,suitable for performance in an LED area luminaire.Capable of MRI luminaires may be specified for additional energy Wet Locations.Suitable for use in ambients from-30° delivering up to 20,000 lumens or more in a compact, savings during unoccupied periods.See pages 4-6 for to 40°C(-22°to 104°F).The quality systems of this low profile LED luminaire,EcoForm offers a new level complete details. facility have been registered by UL to the ISO 9001 of customer value.Integral control systems including series standards.All EcoForm luminaires equipped with motion response are available for further energy LED Thermal Management NW and CW are DesignLights Consortium®qualified. savings during off peak hours. The housing design allows the one piece housing to provide excellent thermal management critical to long Finish Housing LED system life. Each standard color luminaire receives a fade and One piece die cast aluminum housing with integral arm abrasion resistant,electrostatically applied,thermally and separate,self retained hinged,one piece die cast Optical Systems cured,triglycidal isocyanurate(TGIC)textured door frame. Type 2,3,4,and S distributions available.Internal polyester powdercoat finish.Standard colors include Shield option mounts to LED optics and is available bronze(BRP),black(BLP),white(WP),and natural P Rating with Type 2,3,and 4 distributions to control backlight. aluminum(NP).Consult factory for specs on optional LED light engine rated IP66. or custom colors. Mounting Warranty Vibration Resistance Standard luminaire arm mounts to 4"round poles. EcoForm luminaires feature a 5 year limited warranty. EcoForm with Standard Arm carries a 3G vibration Square pole adapter included with every luminaire. Philips Gardco LED luminaires with LED arrays feature rating that conforms to standards set forth by ANSI Round Pole Adapter(RPA)required for 3-3.9"poles. a 5 year limited warranty covering the LED arrays.LED C136.31.Testing includes vibration to 3G acceleration Drivers also carry a 5 limited Motion in three axes,all performed on the same luminaire. Retrofit Arm Mount y year warranty. sensors are covered by warranty for 5 years by the EcoForm features an innovative retrofit arm kit.When motion sensor manufacturer. Electrical specified with the retrofit arm(RAM)option,EcoForm Driver efficiency(>90%standard).120-480V available seamlessly simplifies site conversions to LED by (restrictions apply).Open/short circuit protection. eliminating the need for additional pole drilling on most Optional 0-10V dimming to 10%power.RoHS existing poles.RAM will be boxed separately. compliant.Surge protector standard.10KA per ANSI/ IEEE C62.41.2. — LED Board and Array , 2.375" • 32,48.or 64 LEDs.Color temperatures:3000K, 7' 6.03 cm 4000K,5700K+/-250K.Minimum CRI of 70. I- Aluminum metal clad board.RoHS compliant. 5.1875" 13.18 cm Energy Saving Benefits System efficacy up to 95 Ims/W with significant energy savings over Pulse Start Metal Halide luminaires. Optional control options provide added energy savings during unoccupied periods. 1 LED Performance: PREDICTED LUMEN DEPRECIATION DATA" Ambient Driver mA Calculated L70 L Per TM-21"•ts Lumen Maintenance% Temperature°C Hours"-" yu @ 60,000 hours Up to 40°C Up to 1050 mA >350,000 Hours >60,000 Hours 97% 13. Predicted performance derived from LED manufacturers data and engineering design estimates,based on IESNA LM-80 methodology. Actual experience may vary due to field application conditions. 14. L�is the predicted time when LED performance depreciates to 70%of initial lumen output. 15.Calculated per IESNA TM21-11.Published L.hours limited to 6 times actual LED test hours. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 6 of 6 TYPE DS2 - HEAD 2 Reclefilliningvague WOFORM OUTDOOR SITE & AREA with outstanding - - performance PHILIPS GARDCO, LED SITE&AREA LUMINAIRE, ECOFORM ■■■■■■® y DESIGNUGNTS 'I: AM- in The Philips Gardco EcoForm combines economywith performance CONSORTIUM an LED area luminaire. Capable of delivering up to 20,000 lumens Project: or more in a compact, low profile LED luminaire, EcoForm offers Location: a new level of customer value. EcoForm features an innovative Catalog No: retrofit arm kit, simplifying site conversions to LED by eliminating Fixture Type: the need to drill additional holes in most existing poles. Integral Mfg: Qty: control systems available for further energy savings. Notes: Ordering guide Prefix Mounting Optics LED Array LED Voltage Finish Options &LED Selection Wattage • ECF EcoForm Standard 1 Single 2 Type 2 530 mA CW 5.700K E V BRP Bronze TL Tool-Less entry& Luminaire 2 2@180 3 Type 3 SSLA-3253' 70 CRI 77V Paint driver removal 7SLA-4853 NW 4.00OK HVU hardware ECF-DIM EcoForm with 2@90 2@90 4 Type 4 BLP Black 100LA-6453 70 CRI 347-480V 0-10V Dimming 3 3@90 5 Type 5 Paint TB4 Terminal Block ECF-APD' EcoForm with Auto 3@120 3@120 700mA W 3.000K 120 WP White IS° Internal Shield Profile Dimming70LA-3270 70 CRI 206 Paint °•'° 4 4@90 LF Line Fusing 70 ECF-MRSO' EcoForm with WS Wall mount tOSLA-135LA-484870 240 NP Natural LFC'-" Line Fusing for Motion Response including 277 Paint Canada at 50%low I Surface 1050mA 347 Pole mounted sensor I conduit 105LA-321 OC Optional PCR Photocell A' 480 Color Receptacle 3 Rear entry 160LA-481A y ECF-APD-MRO EcoForm with Specify Only permitted 21SLA-641A optional color Auto Profile PC°•'•10 Receptacle with Dimming and I MA Mast Arm or RAL ex OC-LGP Photocell Motion Response Fitter or (requires PCB'-"'Photocell Override OC-RAL7024. Pole mounted sensor 2-3/8"O.D. Button Mast Arm) SC Special ECF-MRI'•' EcoForm with Color RAM Retrofit Arm Motion Response Specify.Must Mount Kit supply color ° at 50%low PTF2 Pole Top Fitter chip.Requires Luminaire mounted factory quote. for 2-3/8"-3"Tenon sensor PTF38 Pole Top Fitter ECF-APD-MRI'•'EcoForm with Auto for 3"-3.5"Tenon Profile Dimming with PTF48 Pole Top Fitter Motion Response for 3.5"A"Tenon Override Luminaire mounted RPA' Round Pole Adapto for 3"to 3.9"OD sensor BD 'Bird Deterrant (field installed only) 1.Available it 120V thru 277V only. 4.ECF-MRI requires outboarded sensor 6.Voltage must be specified. 9.No adaptor required for 4"round poles. 2.Available it 120V or 277V only. when used with Terminal Block(TB)option. 7.Not available in 48OV. RPAs provided with Black Paint standard. • 3.Contact factory for lead times on warm white. S.Not available with Type 5 optics. 8.Not available in 3 @ 120. 10.Not available with UNV(120-277V). @ 2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. PH I LI PS Specifications are subject to change without notice. low www.philips.com/luminaiaires G200-047 08/13 GARDCO page 1 of 6 41COFORM OUTDOOR SITE & AREA Accessories(Order Separately) • FS1 R-100 MR hand held programmer(For use with'MRI' MS-A-120V 120V input-Motion Sensor for motion response when field programming is MR50 or APD-MRO required).If desired,only one is needed per job. MS-A-277V 277V input-Motion Sensor for MR50 or APD-MRO LED Wattage and Lumen Values-Standard EcoForm Luminaire Initial Lumens" LED Average 2. 3 4 S Order Code Array Total Current System LED Type 2 Type 3 Type 4 Type 5 (standard units) Quantity LEDs Selection (mA) Watts" 55LA-32S3 2 32 530 52 NW 5,994(s) 5,895(s) 5,823(s) 5,588(s) 7SLA-4853 3 48 530 77 NW 8.899(s) 8,753(s) 8,646(s) 8,297(s) 100LA-64S3 4 64 530 103 NW 11,896(s) 11,700 11,558 11,091 70LA-3270 2 32 700 69 NW 7,385(s) 7,576(s) 7,293(s) 7,068(s) 10SLA-4870 3 48 700 104 NW 10,965(s) 11,249(s) 10,828(s) 10,494(s) 13SLA-6470 4 64 700 139 NW 14,657(s) 15.037 14,475(s) 14,028 105LA-321A 2 32 1050 107 NW 10,199(s) 10,458 10,072(s) 9,767 160LA-481A 3 48 1050 158 NW 15,144(s) 15,565 14,955(s) 14,465 21SLA-641A 4 64 1050 211 NW 20,243 20,252 19,991 19,880 11.System input wattage may vary based on input voltage,by up to+/-10%,and based on manufacturer forward voltage,by up to+/-8%. 12.Lumen values based on photometric tests performed in compliance with IESNA LM-79. (s).Data is scaled based on tests of similar,but not identical,luminaires. EcoForm Drill Template(Standard Arm Mount) I i 2.50" 6.35 cm 00.41" }�----- -- ----�- 1.04 cm } 1.00" 2.54 cm 2.0" 0 0.875" F ---- - 5.08 cm 2.22 cm ----- -------- Note:For reference only.Drawing not to scale. - • ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 2 of 6 *OFORM OUTDOOR SITE & AREA I • Dimensions-Standard EcoForm Luminaire Top View Side View End View 2.1'' 13.. 1 5.3 cm Imo- 33 cm-� 3 e38 6.35 cm - 1.3" i }I 3.3 24.2" I 1 1111 • 6.1 ' 15.5 cm 24.2- EPA(Ft2/M2) , 61.47cm � Approximate Luminaire Weight: Single Twin(2@180) 1 3/4@90 20 Lbs(9.07 Kg) 0.2/0.019 1 0.5/0.046 0.5/0.046 Dimensions- EcoForm with Retrofit Arm Mount(RAM) Top View Side View End View 26- ( ' 66.04 cm ' JI 13" 60 58cm ' - I 33.02 cm I 33" --- - 6.6.. i 8.3i cm 16.76Icm 6.6" ----- - - cm 5.58cm 7_ ------- EPA(Ft2/M2) Single Twin(2@180) 3/4@90 Approximate Luminaire Weight: • 0.3/0.028 0.6/0.056 0.7/0.065 21 Lbs(9.53 Kg) Dimensions-EcoForm with Mast Arm Fitter(MA) Top View Side View End View 33' 5 3 cm 13" l� 8.4 cm ' 33 cm 49 rt t 3.3..1 LZ4 cm- I 838 cm+ I ' 1956 cm �13.4- �,� i I 31.5" 34.04 cm I 80.01 cm 31.5" 80.01 cm EPA(Ft2/M2) Single Approximate Luminaire Weight: 0.51/0.047 21.5 Lbs(9.77 Kg) Dimensions- EcoForm with Wall Mount(WS) Top View Side View End View 13' / 1.5',' 33 cm I 66 5 cm 3.8 vn' ,-6.5"�f� J ' 165<m '3.23- f � i- I_ _L I 16.5 cm Q 6.5- - 163 cm o 0 I 2.0" �1 I ------- i 5.1 • ze57 c ' cm ' I '6.4cm' Approximate Luminaire Weight: 26.2" ' 23.36 Lbs(10.6 Kg) 66.55 cm ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 3 of 6 4000FORM OUTDOOR SITE & AREA Luminaire Configuration Information • ECF The area motion detector provides coverage equal to up to 6 times the sensor Philips Gardco EcoForm LED standard luminaire providing constant wattage and height above ground,270°from the front-center of the sensor. constant light output when power to the luminaire is energized. Area PIR Motion Sensor Coverage Pattern: ECF-DIM Philips Gardco EcoForm LED luminaire provided with 0-10V dimming for connection 1 270°Front Coverage to a control system provided by others. Distances are ECF-APD 90 approximate. H=Height Above Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming.Luminaire \� Ground is provided with a Philips DynaDimmer module,programmed to go to 50%power, H eigh tll�__ 50%light output two(2)hours prior to night time mid-point and remain at 50%for Lz�.� six(6)hours after night time mid-point.Mid-point is continuously recalculated by 1H 3H 6H the Philips DynaDimmer module based on the average mid-point of the last two full Motion response requires that the pole include an additional hand hole 15 feet night cycles.Short duration cycles,and power interruptions are ignored and do not above the pole base,normally oriented 180°to the standard hand hole. For Philips affect the determination of mid-point. Gardco poles,order the pole with the Motion Sensor Mounting(MSM)option ECF-APD is available in 120V through 277V input only. which includes the hand hole and a special hand hole cover plate for the sensor ECF-APD Dimming Profile: with a 1/2"NPT receptacle centered on the hand hole cover plate into which the motion sensor mounts. Once the motion sensor is connected to the hand hole cover plate,then wiring connections are completed in the pole.The plate(complete with motion sensor attached and wired)is then mounted to the hand hole.If poles 2 Hours 6 Hours are supplied by others,the customer is responsible for providing suitable mounting 100% 100%, accommodations for the motion sensor in the pole. 50% 50% Mounting to a Philips Gardco Pole Power On Mid Point Power Off Cover Plate with 1/2"NPT Coupling (supplied with pole) • ECF-MR50 Wiring A` Attach Motion in Sensor to Cover Philips Gardco EcoForm LED luminaire with motion response,providing a 50% Pole Plate coupling, power reduction on low and a commensurate reduction in light output.The R Complete Wiring power and light output reduction is accomplished utilizing the Philips DynaDimmer Motion Sensor in Pole and Attach module,programmed for a constant 50%power. Power supplied by the motion Additional Hand Hole 15'Above Pole Base Cover Plate to Hand sensor connected to the override line on the DynaDimmer takes the luminaire to (oriented 180°to the standard hand hole) Hole high setting,100%power and light output,when motion is detected.The luminaire remains on high until no motion is detected for the motion sensor duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. ECF-APD-MRO ECF-MRSO is available in 120V through 277V input only to the luminaire. Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming,with Motion sensors require single voltage 120V or 277V input. Motion Response Override.The ECF-APD-MRO combines the benefits of both automatic profile dimming and motion response,using the Philips DynaDimmer The Area PIR motion sensor is the WattStopper EW-200-120-W(120V Input-MSA- module.The luminaire will dim to 50%power,50%light output,per the dimming 120V)or the WattStopper EW-200-277-W(277V Input-MSA-277V.)One motion profile shown for the ECF-APD.If motion is detected during the time that the sensor per pole is required and is ordered separately. Area sensors require single luminaire is operating at 50%,the luminaire returns to 100%power and light output. voltage 120V or 277V input. The luminaire remains on high until no motion is detected for the duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. Black,120V OR f Red Connects to Override Input 277V Input (Orange)Line of NOTES: White-Neutral Sensor DynaDimmer ECF-APD-MRO is available in 120V through 277V input only to luminaire.The motion sensor requires either 120V or 277V input to the motion sensor. The ECF-APD-MRO has the same pole requirements and utilizes the same motion sensors as the ECF-MR50.The motion sensor mounts and wires identically as well. The ECF-APD-MRO utilizes the identical dimming profile as shown for the ECF-APD. By combining the benefits of automatic profile dimming and motion response,the ECF-APD-MRO assures maximum energy savings,and insures that adequate light is present if motion is detected. All motion sensors utilized consume 0.0 watts in the off state. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 4 of 6 *OFORM OUTDOOR SITE & AREA Luminaire Configuration Information(Continued) ECF-MRI Luminaires with Motion Response include a LED driver and an integral FS1 R-100 Wireless Remote Programming Tool programmable motion sensor.The motion sensor is set to a constant 50%.When motion is detected,the luminaire goes to 100%.The luminaire remains on high The CF-A D Remote Programming Tool accessory permits adjustment of ECF,MRI until no motion is detected for the motion sensor duration period,after which the and E ut the need I sensor settings,including duration and dimming level on low, luminaire returns to low.Duration period is factory set at S minutes. Available with without the need co connect any wires to the luminaire. 120V or 277V only. The FS1R-100 Wireless IR Programming Tool is a handheld tool for setup and testing Luminaires include a passive infrared(PIR)motion sensor,WattStopper®FSP-211 of WattStopper FSP-211.It provides wireless access to the FSP-211 sensors for setup equipped with an FSP-L3 lens,capable of detecting motion within 20 feet of the and parameter changes. sensor,180°around the luminaire,when placed at a 20 foot mounting height,or mounted on a wall.Available in 120V or 277V input only.Motion sensor off state The FS1R-100 display shows menus and prompts to lead you through each power is 0.0 watts. process.The navigation pad provides a familiar way to navigate through the The approximate motion sensor coverage pattern is as shown below. customization fields. Side Coverage Pattern Top Coverage Pattern Within a certain mounting height of the sensor,the FS1 R-100 allows modification of the system without requiring ladders or tools simply with a touch of a few buttons. Distances are approximate. The FS1R-100 IR transceiver allows bi-directional communication between the v \'� H=Height FSP-211 and the FS1 R-100 programming tool.Simple menu screens let you see above ground. �. the current status of the system and make changes.It can change FSP-211 sensor parameters such as high/low mode,sensitivity,time delay,cut off and more.With i the FS1R-100 you can also establish and store FSP-211 parameter profiles. 1H The FSIR-100 operates on three standard 1.5V AAA Alkaline batteries or three 2H 2H rechargeable AAA NiMH batteries.The battery status displays in the upper right corner of the display.Three bars next to BAT=indicates a full battery charge. A warning appears on the display when the battery level falls below a minimum acceptable level.To conserve battery power,the FS1 R-100 automatically shuts off 10 minutes after the last key press. • You navigate from one field to another using(up)or(down)arrow keys.The active field is indicated by flashing(alternates between yellow text on black background and ECF-APD-MRI black text on yellow background.) Luminaires with Automatic Profile Dimming and Motion•Response Override combine the benefits of both automatic profile dimming and motion response. Once active,use the Select button to move to a menu or function within the active APD-MRI luminaires utilize Philips DynaDimmer.The luminaire will dim to 50% field.Value fields are used to adjust parameter settings.They are shown in"less- power,50%light output,per the dimming profile shown:for APD luminaires(see than/greater-than"symbols:<value>.Once active,change them using(left)and page 4).If motion is detected during the time that the luminaire is operating at (right)arrow keys.In general the up key increments and the down key decrements a 50%,the luminaire goes to 100%power and light output.The luminaire remains on value.Selections wrap-around if you continue to press the key beyond maximum or high until no motion is detected for the duration period,after which the luminaire minimum values.Moving away from the value field overwrites the original value.The returns to low.Duration period is factory set at 5 minutes. Home button takes you to the main menu.The Back button can be thought of as an undo function.It takes you back one screen.Changes that were in process prior to APD-MRI luminaires are available with 120V or 277V input voltages only. pressing the key are Iost.More information on the FSIR-100 Remote Programming Tool is available at wattstopper.com. APD-MRI luminaires use the identical motion sensor as MRI luminaires. See motion sensor details for ECF-MRI. Power— On/OH Home/Main Q Menu Back qq j Up Left G / l, i Right/Next Down • Select ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 5 of 6 41COFORM OUTDOOR SITE & AREA Specifications General Description Motion Sensors Listings The Philips Gardco EcoForm combines economy with ECF-MR50,ECF-APD-MRO,ECF-MRI,ECF-APD- ETL/cETL listed to the LIL 1598 standard,suitable for performance in an LED area luminaire.Capable of MRI luminaires may be specified for additional energy Wet Locations.Suitable for use in ambients from-30" delivering up to 20,000 lumens or more in a compact, savings during unoccupied periods.See pages 4-6 for to 40"C(-22"to 104°F).The quality systems of this low profile LED luminaire,EcoForm offers a new level complete details. facility have been registered by LIL to the ISO 9001 of customer value.Integral control systems including series standards.All E_oForm luminaires equipped with motion response are available for further energy LED Thermal Management NW and CW are DesignLights Consortium®qualified. savings during off peak hours. The housing design allows the one piece housing to provide excellent thermal management critical to long Finish n Housing LED system life. Each standard color luminaire receives a fade and One piece die cast aluminum housing with integral arm abrasion resistant,electrostatically applied,thermally and separate,self retained hinged,one piece die cast Optical Systems cured,triglycidal isocyanurate(TGIC)textured door frame. Type 2,3,4,and 5 distributions available.Internal polyester powdercoat finish.Standard colors include Shield option mounts to LED optics and is available bronze(BRP),black(BLP),white(WP),and natural IP Rating with Type 2,3,and 4 distributions to control backlight. aluminum(NP).Consult factory for specs on optional LED light engine rated IP66. or custom colors. Mounting Warranty Vibration Resistance Standard luminaire arm mounts to 4"round poles. EcoForm luminaires feature a 5 year limited warranty. EcoForm with Standard Arm carries a 3G vibration Square pole adapter included with every luminaire. Philips Gardco LED luminaires with LED arrays feature rating that conforms to standards set forth by ANSI Round Pole Adapter(RPA)required for 3-3.9"poles. C136.31.Testing includes vibration to 3G acceleration a 5 year limited warranty covering the LED arrays.LED in three axes,all performed on the same luminaire. Retrofit Arm Mount Drivers also carry a 5 year limited warranty.Motion sensors are covered by warranty for 5 years by the Electrical EcoForm features an innovative retrofit arm kit.When motion sensor manufacturer. specified with the retrofit arm(RAM)option,EcoForm Driver efficiency(>90%standard).120-480V available seamlessly simplifies site conversions to LED by (restrictions apply).Open/short circuit protection. eliminating the need for additional pole drilling on most Optional 0-10V dimming to 10%power.RoHS existing poles.RAM will be boxed separately. compliant.Surge protector standard.10KA per ANSI/ IEEE C62.41.2. , LED Board and Array 32,48,or 64 LEDs.Color temperatures:3000K, 6.03 cm 4000K,5700K+/-250K.Minimum CRI of 70. Aluminum metal clad board.RoHS compliant. 1 .18 3.18 c" cm Energy Saving Benefits __! System efficacy up to 95 Ims/W with significant energy savings over Pulse Start Metal Halide luminaires. Optional control options provide added energy savings during unoccupied periods. 1 Jt LED Performance: PREDICTED LUMEN DEPRECIATION DATA13 Ambient Driver mA Calculated L70 L Per TM-2111.1S Lumen Maintenance Temperature°C HourS13." �a @ 60,000 hours Up to 40°C Up to 1050 mA >350,000 Hours >60,000 Hours 97% 13. Predicted performance derived from LED manufacturers data and engineering design estimates,based on IESNA LM-80 methodology. Actual experience may vary due to field application conditions. 14. Lro is the predicted time when LED performance depreciates to 70%of initial lumen output. . 15.Calculated per IESNA TM21-11.Published L.hours limited to 6 times actual LED test hours. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. k www.philips.com/luminaires G200-047 08/13 page 6 of 6 TYPE DS3 - HEAD 1 ' Redefining va u e *OFORMOUTDOOR SITE & AREA with outstand 'ing - - performance PHILIPS GARDCO, LED SITE&AREA LUMINAIRE, ECOFORM ••�••�® DESIGNUGNTS ""' AM. The Philips Gardco EcoForm combines economy with performance C O N S O R T I U M in an LED area luminaire. Capable of delivering up to 20,000 lumens Project: or more in a compact, low profile LED luminaire, EcoForm offers Location: a new level of customer value. EcoForm features an innovative Catalog No: retrofit arm kit, simplifying site conversions to LED by eliminating Fixture Type: the need to drill additional holes in most existing poles. Integral Mfg: Qty: control systems available for further energy savings. Notes: Ordering guide Prefix Mounting Optics LED Array LED Voltage Finish Options &LED Selection Wattage • ECF EcoForm Standard 1 Single 2 Type 2 530 mA CW 5,700K ff:r BRP Bronze TL Tool-Less entry& Luminaire 2 2@180 3 Type 3 55LA-3253' 70 CRI Paint driver removal ECF-DIM EcoForm with 2@90 2@90 4 Type 4 75LA-4853 NW 4,000K HVU BLP Black hardware 0-10V Dimming 3 3@90 S Type 5 100LA-6453 70 CRI 347-480V Paint TB' Terminal Block ECF-APD' EcoForm with Auto 3@120 3@120 700mA WWI 3,000K 120 WP White ISs Internal Shield Profile Dimming70LA-3270 70 CRI 208 Paint "o 4 4@90 LF Line Fusing IOSLA-4870 ECF-MRS02 EcoForm with WS Wall mount 13SLA-6470 240 NP Natural LFC'-` Line Fusing for Motion Response including 277 Paint Canada at 50%low Surface 1050mA 347 Pole mounted sensor conduit IOSLA-321A' OC Optional PCR Photocell 480 Color Receptacle ECF-APD-MRO'EcoForm with Rear entry 160LA-481A Specify Only pe-mitted 21SLA-641A optional color Auto Profile 2 MA Mast Arm or RAL PC'--" Receptacle with Dimming and ex:OC-LGP Photocell Motion Response Fitter or Override (requires OC-RAL7024. PCB1•7•10 Photocell Pole mounted sensor 2-3/8°O.D. Button Mast Arm) SC Special ECF-MR11•' EcoForm with Color RAM Retrofit Arm Motion Response Specify.Must Mount Kit at 50%low supply color chip.Requires pTF2a Pole Top Fitter Luminaire mounted factory quote. for 2-3/8"-3"Tenon sensor PTF31 Pole Top Fitter ECF-APD-MRI2•'EcoForm with Auto for 3••-3.5°Tenon Profile Dimming with PTF4' Pole Top Fitter Motion Response for 3.5"A"Tenon Override Luminaire mounted RPA' Round Pole Adapto for 3'to 3.9°OD sensor BD Bird Deterrant (field installed only) 1.Available in 120V thru 277V only. 4.ECF-MRI requires outboarded sensor 6.Voltage must be specified. 9.No adaptor required for 4"round poles. 2.Available in 120V or 277V only. when used with Terminal Block(TB)option. 7.Not available in 480V. RPAs provided with Black Paint standard. • 3.Contact factory for lead times on warm white. 5.Not available with Type S optics. 8.Not available in 3 @ 120. 10.Not available with UNV(120-277V). @ 2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. 1� pH 1 LI PS Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 1 of 6 (301 GARDCO OCOFORM OUTDOOR SITE & AREA Accessories(Order Separately) • FS1 R-100 MR hand held programmer(For use with'MRI' MS-A-120V 120V input-Motion Sensor for motion response when field programming is MR50 or APD-MRO required).If desired,only one is needed per job. MS-A-277V 277V input-Motion Sensor for MR50 or APD-MRO LED Wattage and Lumen Values-Standard EcoForm Luminaire Initial Lumens" Order Code Array Total LED Average LED 2 3 4 S (standard units) Quantity LEDs Current System Selection Type 2 Type 3 Type 4 Type 5 (mA) Watts" SSLA-3253 2 32 530 52 NW 5,994(s) 5,895(s) 5,823(s) 5,588(s) 7SLA-4853 3 48 530 .77 NW 8,899(s) 8,753(s) 8,646(s) 8.297(s) 11001-A-64S3 4 64 530 103 NW 11,896(s) 11,700 11,558 11,091 70LA-3270 2 32 700 69 NW 7,385(s) 7,576(s) 7,293(s) 7,068(s) 10SLA-4870 3 48 700 104 NW 10,965(s) 11,249(s) 10,828(s) 10,494(s) 13SLA-6470 4 64 700 139 NW 14,657(s) 15,037 14,475(s) 14,028 10SLA-321A 2 32 1050 107 NW 10,199(5) 10,458 10,072(s) 9,767 160LA-481A 3 48 1050 158 NW 15,144(s) 15,565 14,955(s) 14,465 21SLA-641A 4 64 1 1050 211 NW 20,243 20,252 19,991 19,880 11.System input wattage may vary based on input voltage,by up to+/.10%,and based on manufacturer forward voltage,by up to+/-8%. 12.Lumen values based on photometric tests performed in compliance with IESNA LM-79. (s).Data is scaled based on tests of similar,but not identical,luminaires. • EcoForm Drill Template(Standard Arm Mount) ------- I-- 2.50" 6.35 cm 0 0.41' ----- -- ----�- 1.04 cm } 1.00" 2.54 cm 2.0" 00.875" + ---- - 5.08cm 2.22 cm ----- -------- Note:For reference only.Drawing not to scale. • ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 2 of 6 *OFORM OUTDOOR SITE & AREA • Dimensions-Standard EcoForm Luminaire Top View Side View End View i 2.1" 13" 5.3}cm 33 cm_..' 2.5"- C 8.38 cm 1 - 6.35cm I 13„ 3.3 cln .'� 24.2- I I it 61.47 cm ' 1 6.1'-�I �I 155 cm 24 2"�' EPA(Ft2/Ml) 61.47 cm Approximate Luminaire Weight: Single Twin(2@180) 1 3/4@90 20 Lbs(9.07 Kg) 0.2/0.019 1 0.5/0.046 1 0.5/0.046 Dimensions-EcoForm with Retrofit Arm Mount(RAM) Top View Side View End View - 26" 66.04 cm I I 13.. ' 6045 cm ' 1 33.02 cm I k t 3.3" I I~� 6.6.. - 18.3� - �.2.2' 16.76 cm 6.6" 5.58 cm - 16.76 cm EPA(Ft'/MI) Single Twin(2@180) 3/4@90 Approximate Luminaire Weight: • 0.3/0.028 0..6/0.056 10.7/0.065 21 Lbs(9.53 Kg) Dimensions-EcoForm with Mast Arm Fitter(MA) Top View Side View End View 2.1- , / 33" 5.3 cm I 13" --- 8.4 cm ; 33 cm 1 2.9" R all. 3.3../ _ iZ4 cm_ - 8.38cr5 _ �� III r 1 ------ 7.7- 1 I 19.56 Cm ' If-13.4- /1 1 31.5" 1 34.04 cm 1 80.01 cm 31.5" 8601 Cm EPA(Ft'/Ml) Single Approximate Luminaire Weight: 0.51/0.047 21.5 Lbs(9.77 Kg) Dimensions-EcoForm with Wall Mount(WS) Top View Side View End View 13" cm -- 1.5'..-33 \I 26.2" 3.8 cm' .5 1} I 6655<m i �-- 1 1 6.5 65 cm '3.33 o'8.7 Cm1 6.5.. f 7; 16.5 Cm 0 _ - 6.5" I 16-1 cm / o0 0 I 2.0" 1«1 1 1 \ 5.1 Cm 1 1 1 ''3.3..1 u Approximate Luminaire Weight: ' 20.57 cm 1 1 8.4 cm, PP g 26.2- 23.36 Lbs(10.6 Kg) 6655 cm ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 3 of 6 9COFORM OUTDOOR SITE & AREA Luminaire Configuration Information • ECF The area motion detector provides coverage equal to up to 6 times the sensor Philips Gardco EcoForm LED standard luminaire providing constant wattage and height above ground,270°from the front-center of the sensor. constant light output when power to the luminaire is energized. Area PIR Motion Sensor Coverage Pattern: ECF-DIM Philips Gardco EcoForm LED luminaire provided with 0-10V dimming for connection 270°Front Coverage to a control system provided by others. Distances are ECF-APD approximate. 90° H=Height Above Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming.Luminaire Ground is provided with a Philips DynaDimmer module,programmed to go to 50%power, ' Height)ie��� 50%light output two(2)hours prior to night time mid-point and remain at 50%for six(6)hours after night time mid-point.Mid-point is continuously recalculated by 9 1H 3H 6H the Philips DynaDimmer module based on the average mid-point of the last two full Motion response requires that the pole include an additional hand hole 15 feet night cycles.Short duration cycles,and power interruptions are ignored and do not above the pole base,normally oriented 180°to the standard hand hole. For Philips affect the determination of mid-point. Gardco poles,order the pole with the Motion Sensor Mounting(MSM)option ECF-APD is available in 120V through 277V input only. which includes the-hand hole and a special hand hole cover plate for the sensor ECF-APD Dimming Profile: with a 1/2"NPT receptacle centered on the hand hole cover plate into which the motion sensor mounts. Once the motion sensor is connected to the hand hole cover place,then wiring connections are completed in the pole.The plate(complete 2 Hours 6 Hours with motion sensor attached and wired)is then mounted to the hand hole.If poles are supplied by others,the customer is responsible for providing suitable mounting 100% 100% accommodations for the motion sensor in the pole. 50% 50% Mounting to a Philips Gardco Pole Power On Mid Point Power Off "Cover Plate with 1/2"NPT Coupling (supplied with pole) I• ECF-MR50 Wiring A Attach Motion in Sensor to Cover Philips Gardco EcoForm LED luminaire with motion response,providing a 50% Pole ...... Place coupling, power reduction on low and a commensurate reduction in light output.The R Complete Wiring power and light output reduction is accomplished utilizing the Philips DynaDimmer Motion Sensor in Pole and Attach module,programmed for a constant 50%power. Power supplied by the motion Additional Hand Hole IS'Above Pole Base Cover Plate to Hand sensor connected to the override line on the DynaDimmer takes the luminaire to (oriented 180'to the standard hand hole) Hole high setting,100%power and light output,when motion is detected.The luminaire remains on high until no motion is detected for the motion sensor duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. ECF-APD-MRO ECF-MRSO is available in 120V through 277V input only to the luminaire. Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming,with - Motion sensors require single voltage 120V or 277V input. Motion Response Override.The ECF-APD-MRO combines the benefits of both automatic profile dimming and motion response,using the Philips DynaDimmer The Area PIR motion sensor is the WattStopper EW-200-120-W(120V Input-MSA- module.The luminaire will dim to 50%power,50%fight output,per the dimming 120V)or the WattStopper EW-200-277-W(277V Input-MSA-277V.)One motion profile shown for the ECF-APD.If motion is detected during the time that the sensor per pole is required and is ordered separately. Area sensors require single luminaire is operating at 50%,the luminaire returns to 100%power and light output. voltage 120V or 277V input. The luminaire remains on high until no motion is detected for the duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. B Red Connects to Black,120V OR Override Input 277V Input (Orange)Line of NOTES: White-Neutral Sensor DynaDimmer ECF-APD-MRO is available in 120V through 277V input only to luminaire.The motion sensor requires either 120V or 277V input to the motion sensor. The ECF-APD-MRO has the same pole requirements and utilizes the same motion sensors as the ECF-MR50.The motion sensor mounts and wires identically as well. The ECF-APD-MRO utilizes the identical dimming profile as shown for the ECF-APD. By combining the benefits of automatic profile dimming and motion response,the ECF-APD-MRO assures maximum energy savings,and insures that adequate light is I� present if motion is detected. All motion sensors utilized consume 0.0 watts in the off state. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 4 of 6 WOFORM OUTDOOR SITE & AREA • Luminaire Configuration Information(Continued) ECF-MRI Luminaires with Motion Response include a LED driver and an integral FS1 R-100 Wireless Remote Programming Tool programmable motion sensor.The motion sensor is set to a constant 50%.When motion is cetected,the luminaire goes to 100%.The luminaire remains on high The FS1 R-100 Remote Programming Tool accessory permits adjustment of ECF.MRI until no motion is detected for the motion sensor duration period,after which the and out the need I sensor settings,including duration and dimming level on low, without the need to connect any wires to the luminaire. luminaire returns to low.Duration period is factory set at 5 minutes. Available with 120V or 277V only. The FS1 R-100 Wireless IR Programming Tool is a handheld tool for setup and testing Luminaires include a passive infrared(PIR)motion sensor,WattStopper®FSP-211 of WattStopper FSP-211.It provides wireless access to the FSP-211 sensors for setup equipped with an FSP-L3 lens,capable of detecting motion within 20 feet of the and parameter changes. sensor,180°around the luminaire,when placed at a 20 foot mounting height,or mounted on a wall.Available in 120V or 277V input only.Motion sensor off state The FS1 R-100 display shows menus and prompts to lead you through each power is 0.0 watts. process.The navigation pad provides a familiar way to navigate through the The approximate motion sensor coverage pattern is as shown below. customization fields. Side Coverage Pattern Top Coverage Pattern Within a certain mounting height of the sensor,the FS1 R-100 allows modification of the system without requiring ladders or tools simply with a touch of a few buttons. Distances are M The FS1 R-100 1R transceiver allows bi-directional communication between the approximate. H=Height FSP-211 and the FS1 R-100 programming tool.Simple menu screens let you see above ground. _ the current status of the system and make changes.It can change FSP-211 sensor parameters such as high/low mode,sensitivity,time delay,cut off and more.With V _ the FS iR-100 you can also establish and store FSP-211 parameter profiles. The FS1R-100 operates on three standard 1.SV AAA Alkaline batteries or three 1H 2H 2H rechargeable AAA NiMH batteries.The battery status displays in the upper right corner of the display.Three bars next to BAT=indicates a full battery charge. A warning appears on the display when the battery level falls below a minimum acceptable level.To conserve battery power,the FS1 R-100 automatically shuts off 10 minutes after the last key press. You navigate from one field to another using(up)or(down)arrow keys.The active field is indicated by flashing(alternates between yellow text on black background and ECF-APD- MRI black text on yellow background.) Luminaires with Automatic Profile Dimming ar,d Motion Response Override combine the benefits of both automatic profile dimming and motion response. Once active,use the Select button to move to a menu or function within the active APD-MRI luminaires utilize Philips DynaDimmer.The luminaire will dim to 50% field.Value fields are used to adjust parameter settings.They are shown in"less- power,50%light output,per the dimming profile shown for APD luminaires(see than/greater-than"symbols:<value>.Once active,change them using(left)and page 4).If motion is detected during the time that the luminaire is operating at (right)arrow keys.In general the up key increments and the down key decrements a 50%,the luminaire goes to 100%power and light output.The luminaire remains on value.Selections wrap-around if you continue to press the key beyond maximum or high until no motion is detected for the duration period,after which the luminaire minimum values.Moving away from the value field overwrites the original value.The returns to low.Duration period is factory set at 5 minutes. Home button takes you to the main menu.The Back button can be thought of as an undo function.It takes you back one screen.Changes that were in process prior to APD-MRI luminaires are available with 120V or 277V input voltages only. pressing the key are Iost.More information on the FS1R-100 Remote Programming Tool is available at wattstopper.com. APD-MRI luminaires use the identical motion sensor as MRI luminaires. See motion sensor details for ECF-MRI. Power— On/Off i Home/Main 12 Menu Back Up Left f i ► Right/Next • Down Select ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 5 of 6 OCOFOkM OUTDOOR SITE & AREA Specifications • General Description Motion Sensors Listings The Philips Gardco EcoForm combines economy with ECF-MR50,ECF-APD-MRO,ECF-MRI,ECF-APD- ETL/cETL listed to the UL 1598 standard,suitable for performance in an LED area luminaire.Capable of MRI luminaires may be specified for additional energy Wet Locations.Suitable for use in ambients from-30° delivering up to 20,000 lumens or more in a compact, savings during unoccupied periods.See pages 4-6 for to 40°C(-22°to 104°F).The quality systems of this low profile LED luminaire,EcoForm offers a new level complete details. facility have been registered by UL to the ISO 9001 of customer value.Integral control systems including series standards.All EcoForm luminaires equipped with motion response are available for further energy LED Thermal Management NW and CW are DesignLights Consortium®qualified. savings during off peak'hours. The housing design allows the one piece housing to provide excellent thermal management critical to long Finish Housing LED system life. Each standard color luminaire receives a fade and One piece die cast aluminum housing with integral arm abrasion resistant,electrostatically applied,thermally and separate,self retained hinged,one piece die cast Optical Systems cured,triglycidal isocyanurate(TGIC)textured door frame. Type 2,3,4,and 5 distributions available.Internal polyester powdercoat finish.Standard colors include Shield option mounts to LED optics and is available bronze(BRP),black(BLP),white(WP),and natural IP Rating with Type 2,3,and 4 distributions to control backlight. aluminum(NP).Consult factory for specs on optional LED light engine rated IP66. or custom colors. Mounting Warranty Vibration Resistance Standard luminaire arm mounts to 4"round poles. EcoForm luminaires feature a 5 year limited warranty. EcoForm with Standard Arm carries a 3G vibration Square pole adapter included with every luminaire. Philips Gardco LED luminaires with LED arrays feature rating that conforms to standards set forth by ANSI Round Pole Adapter(RPA)required for 3-3.9"poles. a 5 year limited warranty covering the LED arrays.LED C136.31.Testing includes vibration to 3G acceleration Drivers also carry a 5 year limited warranty.Motion in three axes,all performed on the same luminaire. Retrofit Arm Mount sensors are covered by warranty for 5 years by the Electrical EcoForm features an innovative retrofit arm kit.When motion sensor manufacturer. specified with the retrofit arm(RAM)option,EcoForm _ Driver efficiency(>90%standard).120-480V available seamlessly simplifies site conversions to LED by (restrictions apply).Open/short circuit protection. eliminating the need for additional pole drilling on most Optional 0-10V dimming to 10%power.RoHS existing poles.RAM will be boxed separately. compliant.Surge protector standard.10KA per ANSI/ IEEE C62.41.2. LED Board and Array 2.37 c • 32,48,or 64 LEDs.Color temperatures:3000K, � ,? 6.03 cm 4000K,5700K+/-250K.Minimum CRI of 70. -� — =- Aluminum metal clad board.RoHS compliant. A 5.1875" 13.18 cm Energy Saving Benefits --i System efficacy up to 95 Ims/W with significant energy savings over Pulse Start Metal Halide luminaires. Optional control options provide added energy savings during unoccupied periods. 1 LED Performance: PREDICTED LUMEN DEPRECIATION'DATA13 Ambient Driver mA Calculated L70 L Per TM-21"•1S Lumen Maintenance% Temperature°C Hours174 70 @ 60,000 hours Up to 40°C Up to 1050 mA >350,000 Hours >60,000 Hours 97% 13. Predicted performance derived from LED manufacturer's data and engineering design estimates,based on IESNA LM-80 methodology.Actual experience may vary due to field application conditions. 14. Lro is the predicted time when LED performance depreciates to 70%of initial lumen output. 15.Calculated per IESNA TM21-11.Published Lip hours limited to 6 times actual LED test hours. • • 1 ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 6 of 6 TYPE DS3 - HEAD 2 ' IkOFORM Redefillining vaue OUTDOOR SITE & AREA with outstand 'ing performance PHILIPS GARDCO, LED SITE&AREA LUMINAIRE, ECOFORM ..... O 4 DESIGNUGHTSWHO CPU.The Philips Gardco EcoForm combines economy with performance C O N S O R T I U M in an LED area luminaire. Capable of delivering up to 20,000 lumens Project: or more in a compact, low profile LED luminaire, EcoForm offers Location: a new level of customer value. EcoForm features an innovative Catalog No: retrofit arm kit, simplifying site conversions to LED by eliminating Fixture Type: the need to drill additional holes in most existing poles. Integral Mfg: Qty: control systems available for further energy.savings. Notes: Ordering guide Prefix Mounting Optics LED Array LED Voltage Finish Options &LED Selection Wattage • ECF EcoForm Standa-d 11 Single I2 Type 2 CW 5,700K UNV BRP Bronze TL Tool-Less entry& Luminaire 2 2@180 3 Type 3 SSLA-3253' 70 CRI 1 0- 77V Paint driver removal ECF-DIM EcoForm with 2@90 2@90 4 Type 4 NW 4,000K HVU BLP Black hardware 0-10V Dimming3 ' 3@90 S Type 5 100LA-6453 70 CRI 347-480V Paint TB' Terminal Block ECF-APD' EcoForm with Auto 3@120 3@120 700mA WW 3,000K 120 WP White ISs Internal Shield 70 CRI 206 Profile Dimming q 4@90 70LA-3270 Paint LF"•10 Line Fusing 10SLA-4870 ECF-MR502 EcoForm with WS Wall mount 13SLA-6470 240 NP Natural LFC'•10 Line Fusing for Motion Response including 277 Paint Canada at 50%low Surface 1050mA 347 Pole mounted sensor conduit 105LA-321A' OC Optional PCR Photocell 2 y 160LA-481A 480 Color Receptacle Rear entry ECF-APD-MRO EcoForm with Specify Only y Auto Profile P 21 SLA-641A optional color MA Mast Arm or RAL PC°•'-" Receptacle with Dimming and ex:OC-LGP Photocell Motion Response Fitter or Override (requires OC-RAL7024. PCB°•'"Photocell Pole mounted sensor 2-3/8"O.D. Button Mast Arm) SC Special ECF-M RI2.4 EcoForm with Color RAM Retrofit Arm Motion Response Specfy.Must Mount Kit supply color at 50%low PTF2° Pole Top Fitter Luminaire mounted chip.Requires for 2-3/8"-3°Tenon factory quote. sensor PTF31 Pole Top Fitter ECF-APD-MR12•'EcoForm with Auto for 3"-3.5"Tenon Profile Dimming with PTF48 Pole Top Fitter Motion Response for 3.5"-4"Tenon Override RPA' Round Pole Adaptor Luminaire mounted sensor for 3"to 3.9"OD BD Bird Deterrant (field installed only) 1.Available in 120V thru 277V only. 4.ECF-MRI requires outboarded sensor 6.Voltage must be specified. 9.No adaptor required for 4"round poles. 2.Available in 120V or 277V only. when used with Terminal Block(TB)option. 7.Not available in 480V. RPAs provided with Black Paint standard. • 3.Contact factory for lead times on warm white. 5.Not available with Type 5 optics. 8.Not available in 3 @ 120. 10.Not available with UNV(120-277V). ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. ��'�'PS Specifications are subject to change without notice. ��. www.philips.com/luminaires CX GARDCO G200-047 08/13 page 1 of 6 #COFORM OUTDOOR SITE & AREA Accessories(Order Separately) • FS1 R-100 MR hand held programmer(For use with'MRI' MS-A-120V 120V input-Motion Sensor for motion response when field programming is MR50 or APD-MRO required).If desired,only one is needed per job. MS-A-277V 277V input-Motion Sensor for MRSO or APD-MRO LED Wattage and Lumen Values-Standard EcoForm Luminaire Initial Lumens" Order Code Array Total LED Average LED 2 3 4 S (standard units) Quantity LEDs Current System Selection Type 2 Type 3 Type 4 Type 5 (mA) Watts" SSLA-3253 2 32 530 52 NW 5,994 Is) 5,895(s) 5,823(s) 5,588(s) 7SLA-48S3 3 48 530 77 NW 8,899(s) 8,753(s) 8,646(s) 8,297(s) 100LA-64S3 4 64 530 103 NW 11,896(s) 11,700 11,558 11,091 70LA-3270 2 32 700 69 NW 7,385(s) 7,576(s) 7,293(s) 7,068(s) 10SLA-4870 3 48 700 104 NW 10,965(s) 11,249(s) 10,828(s) 10,494(s) 13SLA-6470 4 64 700 139 NW 14,657(s) 15.037 14,475(s) 14,028 10SLA-321A 2 32 1050 107 NW 10,199(s) 10,458 10,072(s) 9,767 160LA-481A 3 48 10S0 158 NW 15,144(s) 15,S65 14,9SS(s) 14,465 21SLA-641A 4 64 10s0 211 NW 20,243 20,252 19,991 19,880 11.System input wattage may vary based on input voltage,by up to+/-10%,and based on manufacturer forward voltage,by up to+/-8%. 12.Lumen values based on photometric tests performed in compliance with IESNA LM-79. (s).Data is scaled based on tests of similar,but not identical,luminaires. EcoForm Drill Template(Standard Arm Mount) i - 2.50" 6.35 cm 00.41" +}----- -- ----1- 1.04 cm v } 1.00" 2.54 cm 2.0" 0 0.875" + ---- - S.08 cm 2.22cm -�- l &----- ------- `- Note:For reference only.Drawing not to scale. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 2 of 6 ROFORM OUTDOOR SITE & AREA Dimensions-Standard EcoForm Luminaire Top View Side View End View / 2:1" 5.3 cm 1.3" ' 13" -� --I 33 cm-1 3.3"4 2.5"- I ----- - 8.38 c cm m+ -� 6.35 1 I ____ � I - }1 3.3 cm r 24 c I I i 61.47 cm ' 6.1" 155 cm 24.2" EPA(Ftl/M') 61.47 cm Approximate Luminaire Weight: Single Twin(2@180) 1 3/4@90 20 Lbs(9.07 Kg) 0.2/0.019 1 0.5/0.046 0.5/0.046 Dimensions- EcoForm with Retrofit Arm Mount(RAM) Top View Side View End View 26" i I 66.04 cm 13" 60.458cm I 1 33.02 cm I --r-1 1 - 3.36.6 " - - i 8.31 cm -,2.2' 16,76 cm 6.6' 5.58 cm __ 16.76 cm EPA(Ft'/M') Single Twin(2@180) 3/4@90 Approximate Luminaire Weight: • 0.3/0.028 0.6/0.056 0.7/0.065 21 Lbs(9.53 Kg) Dimensions-EcoForm with Mast Arm Fitter(MA) Top View Side View End View i 3.3" si.�m' 13' 8.4 cm / I 33 cm 4 2.9, , q.- -1 3.3../ i7.4 cm_ _ - I 8.38 T I i I 7.7"-►+ I 1 I 19.56 cm 1r-13.4" 1� �I I 31.5.E I 34.04 cm I 80.01 cm 31.5" 80.01 cm EPA(W/M') Single Approximate Luminaire Weight: 0.51/0.047 21.5 Lbs(9.77 Kg) Dimensions- EcoForm with Wall Mount(WS) Top View Side View End View 13" 1 5"I 33 cm 26.2" 3.8 cm 1 6.5'* 1 66.55 cm I I ' �"I _ 1 16.5 cm 1 3.23 -:---rd�8.2 cm 165 cm Q 6.5.. 165 cm l I • �- �I I 13 3..I zo.57.57 c cm '8.4 cm' Approximate Luminaire Weight: ' 26.2" 23.36 Lbs(10.6 Kg) 66.55 cm @ 2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 3 of 6 0 OCOFORM OUTDOOR SITE & AREA Luminaire Configuration Information ECF The area motion detector provides coverage equal to up to 6 times the sensor Philips Gardco EcoForm LED standard luminaire providing constant wattage and height above ground,270'from the front-center of the sensor. constant light output when power to the luminaire is energized. Area PIR Motion Sensor Coverage Pattern: ECF-DIM Philips Gardco EcoForm LED luminaire provided with 0-10V dimming for connection 270°Front Coverage to a control system provided by others. Distances are ECF-APD 91 *'ZHeight) approximate. H=Height Above Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming.Luminaire � Ground is provided with a Philips DynaDimmer module,programmed to go to 50%power, � 50%light output two(2)hours prior to night time mid-point and remain at 50%for six(6)hours after night time mid-point.Mid-point is continuously recalculated by 1H 3H 6H the Philips DynaDimmer module based on the average mid-point of the last two full Motion response requires that the pole include an additional hand hole 15 feet night cycles.Short duration cycles,and power interruptions are ignored and do not ' above the pole base,normally oriented 180°to the standard hand hole. For Philips affect the determination of mid-point. Gardco poles,order the pole with the Motion Sensor Mounting(MSM)option ECF-APD is available in 120V through 277V input only. which includes the hand hole and a special hand hole cover plate for the sensor ECF-APD Dimming Profile: with a 1/2"NPT receptacle centered on the hand hole cover plate into which the motion sensor mounts. Once the motion sensor is connected to the hand hole cover plate,then wiring connections are completed in the pole.The plate(complete 2 Hours 6 Hours with motion sensor attached and wired)is then mounted to the hand hole.If poles are supplied by others,the customer is responsible for providing suitable mounting 100% 100% accommodations for the motion sensor in the pole. 50% 50% Mounting to a Philips Gardco Pole Power On Mid Point Power Off Cover Plate with 1/2"NPT Coupling (supplied with pole) • ECF-MR50 Wiring A"• Attach Motion in Sensor to Cover Philips Gardco EcoForm LED luminaire with motion response,providing a 50% pole Plate coupling, power reduction on low and a commensurate reduction in light output.The R Complete Wiring power and light output reduction is accomplished utilizing the Philips DynaDimmer Motion Sensor in Pole and Attach module,programmed for a constant 50%power. Power supplied by the motion Additional Hand Hole IS'Above Pole Base Cover Plate to Hand sensor connected to the override line on the DynaDimmer takes the luminaire to (oriented I80°to the standard hand hole) Hole high setting,100%power and light output,when motion is detected.The luminaire remains on high until no motion is detected for the motion sensor duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to.15 minutes. ECF-APD-M RO ECF-MR50 is available in 120V through 277V input only to the luminaire. Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming,with Motion sensors require single voltage 120V or 277V input. Motion Response Override.The ECF-APD-MRO combines the benefits of both automatic profile dimming and motion response,using the Philips DynaDimmer The Area PIR motion sensor is the WattStopper EW-200-120-W(120V Input-MSA- module.The luminaire will dim to 50%power,50%light output,per the dimming 120V)or the WattStopper EW-200-277-W(277V Input-MSA-277V.)One motion profile shown for the ECF-APD.If motion is detected during the time that the sensor per pole is required and is ordered separately. Area sensors require single luminaire is operating at 50%,the luminaire returns to 100%power and light output. voltage 120V or 277V input. The luminaire remains on high until no motion is detected for the duration period, i after which the luminaire returns to low.Duration period is factory set at 15 f., _ - = minutes,and is field adjustable from 5 minutes up to 15 minutes. Red Connects to Black,120V OR Override Input 277V Input (Orange)Line of NOTES: White-Neutral Sensor DynaDimmer ECF-APD-MRO is available in 120V through 277V input only to luminaire.The motion sensor requires either 120V or 277V input to the motion sensor. The ECF-APD-MRO has the same pole requirements and utilizes the same motion sensors as the ECF-MR50.The motion sensor mounts and wires identically as well. The ECF-APD-MRO utilizes the identical dimming profile as shown for the ECF-APD. By combining the benefits of automatic profile dimming and motion response,the ECF-APD-MRO assures maximum energy savings,and insures that adequate light is • present if motion is detected. All motion sensors utilized consume 0.0 watts in the off state. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 4 of 6 WOFORM OUTDOOR SITE & AREA • Luminaire Configuration Information(Continued) ECF-MRI Luminaires with Motion Response include a LED driver and an integral FS1 R-100 Wireless Remote Programming Tool programmable motion sensor.The motion sensor is set to a constant 50%.When motion is cetected,the luminaire goes to 100%.The luminaire remains on high The FS1R-100 Remote Programming Tool accessory permits adjustment of ECF-MRI until no motion is detected for the motion sensor duration period,after which the and out the need to sensor settings,including duration and dimming level on low, without the need to connect any wires to the luminaire. luminaire returns to low.Duration period is factory set at 5 minutes. Available with 120V or 277V only. The FS1 R-100 Wireless IR Programming Tool is a handheld tool for setup and testing Luminaires include a passive infrared(PIR)motion sensor,WattStopper®FSP-211 of WattStopper FSP-211.It provides wireless access to the FSP-211 sensors for setup equipped with an FSP-L3 lens,capable of detecting motion within 20 feet of the and parameter changes. sensor,180°around the luminaire,when placed at a 20 foot mounting height,or mounted on a wall.Available in 120V or 277V input only.Motion sensor off state The FSIR-100 display shows menus and prompts to lead you through each power is 0.0 watts. process.The navigation pad provides a familiar way to navigate through the The approximate motion sensor coverage pattern is as shown below. customization fields. Side Coverage Pattern Top Coverage Pattern Within a certain mounting height of the sensor,the FS1 R-100 allows modification of the system without requiring ladders or tools simply with a touch of a few buttons. [Distances are approximate. The F51R-100 IR transceiver allows bi-directional communication between the iH=Height FSP-211 and the F51 R-100 programming tool.Simple menu screens let you see above ground the current status of the system and make changes.It can change FSP-211 sensor parameters such as high/low mode,sensitivity,time delay,cut off and more.With the FSIR-100 you can also establish and store FSP-211 parameter profiles. 1H The FS1 R-100 operates on three standard 1.5V AAA Alkaline batteries or three 2H 2H rechargeable AAA NiMH batteries.The battery status displays in the upper right corner of the display.Three bars next to BAT=indicates a full battery charge. A warning appears on the display when the battery level falls below a minimum acceptable level.To conserve battery power,the FS1 R-100 automatically shuts off 10 minutes after the last key press. You navigate from one field to another using(up)or(down)arrow keys.The active field is indicated by flashing(alternates between yellow text on black background and ECF-APD- MRI black text on yellow background.) Luminaires with Automatic Profile Dimming and Motion Response Override combine the benefits of both automatic profile dimming and motion response. Once active,use the Select button to move to a menu or function within the active APD-MRI luminaires utilize Philips DynaDimmer.The luminaire will dim to 50% field.Value fields are used to adjust parameter settings.They are shown in"less- power,50%light output,per the dimming profile shown for APD luminaires(see than/g^eater-than"symbols:<value>.Once active,change them using(left)and page 4).If motion is detected during the time that the luminaire is operating at (right)arrow keys.In general the up key increments and the down key decrements a 50%,the luminaire goes to 100%power and light output.The luminaire remains on value.Selections wrap-around if you continue to press the key beyond maximum or high until no motion is detected for the duration period,after which the luminaire minimum values.Moving away from the value field overwrites the original value.The returns to low.Duration period is factory set at 5 minutes. Home button takes you to the main menu.The Back button can be thought of as an undo function.It takes you back one screen.Changes that were in process prior to APD-MRI luminaires are available with 120V or 277V input voltages only. pressing the key are Iost.More information on the FSIR-100 Remote Programming Tool is available at wattstopper.com. APD-MRI luminaires use the identical motion sensor as MRI luminaires. See motion sensor details for ECF-MRI. Power— On/Off Home/Main ( Menu Back I qq Q Up Left G 1 t ► 1 Right/Next Down I Select ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 5 of 6, OCOFORM OUTDOOR SITE & AREA Specifications • General Description Motion Sensors Listings The Philips Gardco EcoForm combines economy with ECF-MR50,ECF-APD-MRO,ECF-MRI,ECF-APD- ETL/cETL listed to the LIL 1598 standard,suitable for performance in an LED area luminaire.Capable of MRI luminaires may be specified for additional energy Wet Locations.Suitable for use in ambients from-30' delivering up to 20,000 lumens or more in a compact, savings during unoccupied periods.See pages 4-6 for to 40°C(-22°to 104°F).The quality systems of this low profile LED luminaire,EcoForm offers a new level complete details. facility have been registered by LIL to the ISO 9001 of customer value.Integral control systems including series standards.All EcoForm luminaires equipped with motion response are available for further energy LED Thermal Management NW and CW are Desi,gnLights Consortium®qualified. savings during off peak hours. The housing design allows the one piece housing to provide excellent thermal management critical to long Finish IOUSIng LED system life. Each standard color luminaire receives a fade and One piece die cast aluminum housing with integral arm abrasion resistant,electrostatically applied,thermally and separate,self retained hinged,one piece die cast Optical Systems cured,triglycidal isocyanurate(TGIC)textured door frame. Type 2,3,4,and 5 distributions available.Internal polyester powdercoat finish.Standard colors include Shield option mounts to LED optics and is available bronze(BRP),black(BLP),white(WP),and natural IP Rating with Type 2,3,and 4 distributions to control backlight. aluminum(NP).Consult factory for specs on optional LED light engine rated IP66. or custom colors. \ Mounting Warranty Vibration Resistance Standard luminaire arm mounts to 44 round poles. EcoForm luminaires feature a S year limited warranty. EcoForm with Standard Arm carries a 3G vibration Square pole adapter included with every luminaire. Philips Gardco LED luminaires with LED arrays feature rating that conforms to standards set forth by ANSI Round Pole Adapter(RPA)required for 3-3.9"poles. a 5 year limited warranty covering the LED arrays.LED C136.31.Testing includes vibration to 3G acceleration in three axes,all performed on the same luminaire. Retrofit Arm Mount Drivers also carry a 5 year limited warranty.Motion sensors are covered by warranty for 5 years by the EcoForm features an innovative retrofit arm kit.When motion sensor manufacturer. Electrical specified with the retrofit arm(RAM)option,EcoForm Driver efficiency(>90%standard).120-480V available seamlessly simplifies site conversions to LED by (restrictions apply).Open/short circuit protection. eliminating the need for additional pole drilling on most Optional 0-10V dimming to 10%power.RoHS existing poles.RAM will be boxed separately. compliant.Surge protector standard.10KA per ANSI/ IEEE C62.41.2. LED Board and Array , 2.35" • 32.48,or 64 LEDs.Color temperatures:3000K, 6.03 cm 4000K,5700K+/-250K.Minimum CRI of 70. } Aluminum metal clad board.RoHS compliant. 5.1875" 13.18 cm Energy Saving Benefits System efficacy up to 95 Ims/W with significant energy savings over Pulse Start Metal Halide luminaires. Optional control options provide added energy savings t, during unoccupied periods. 1 � LED Performance: PREDICTED LUMEN DEPRECIATION DATA'? Ambient Driver mA Calculated L70 L Per TM-21"•'s Lumen Maintenance% Temperature°C Hours"-" 70 @ 60,000 hours Up to 40°C Up to 1050 mA >350,000 Hours >60,000 Hours 97% 13. Predicted performance derived from LED manufacturers data and engineering design estimates,based on IESNA LM-80 methodology. Actual experience may vary due to field application conditions. i 14. L�is the predicted time when LED performance depreciates to 70%of initial lumen output. 15.Calculated per IESNA TM21-11.Published L,hours limited to 6 times actual LED test hours. i ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 6 of 6 TYPE DS4 - HEAD 1 AND Redefining � WOFORM va u e OUTDOOR SITE & AREA with outstanding performance .10 . PHILIPS GARDCO, LED SITE&AREA LUMINAIRE, ECOFORM ......® 4 DESIGHUGHTS ��T �S The Philips Gardco EcoForm combines economy with performance C O N S O R T I U M �: in an LED area luminaire. Capable of delivering up to 20,000 lumens Project: or more in a compact, low profile LED luminaire, EcoForm offers Location: a new level of customer value. EcoForm features an innovative Catalog No: retrofit arm kit, simplifying site conversions to LED by eliminating Fixture Ty pe: the need to drill additional holes in most existing poles. Integral Mfg: Qty: control systems available for further energy savings. Notes: Ordering guide Prefix Mounting Optics LED Array LED Voltage Finish Options &LED Selection Wattage • ECF EcoForm Standard 1 Single 2 Type 2 530 mA CW 5.700K UNV BRP Bronze TL Tool-Less entry& Luminaire 2 2@180 3 Type 3 SSLA-32ST 70 CRI 1 0- 7V Paint driver removal 7SLA-48S3 NW 4,000K HVU hardware ECF-DIM EcoForm with 2@90 2@90 4 Type 4 BLP Black 0-10V Dimming 3 3@90 S Type 5 OOLA-64S3 70 CRI 347-480V Paint TB' Terminal Block FC F-APD' EcoForm with Auto 3@120 3@120 700mA WW' 3.000K 120 WP White IS° Internal Shield 70LA-3270 70 CRI 208 Profile Dimming q 4@90 Paint LF°•10 Line Fusing ECF-MRSO= 10SLA-4870 240 EcoForm with WS Wall mount 135LA-6470 NP Natural LFC°•10 Line fusing for Motion Response including 277 Paint Canada at 50%low Surface 1050mA 347 Pole mounted sensor conduit 105LA-321A' OC Optional PCR Photocell 480 Color Receptacle ECF-APD-MRO' EcoForm with Rear entry 160LA-481A Specify Only y Auto Profile P 215LA-641A optional color MA Mast Arm or RAL PC'-'-" Receptacle with Dimming and e.00-LGP Photocell Motion Response Fitter or Override (requires OC-RAL7024. PC B6.1.0 Photocell Pole mounted sensor 2-3/8"O.D. Button Mast Arm) SC Special ECF-MRI'•' EcoForm with Color RAM Retrofit Arm Motion Response Specify.Must Mount Kit at 50%low supply color PTF28 Pole Top Fitter chip.Requires Luminaire mounted factory quote. For 2-3/8"-3°Tenon sensor PTF3° Pole Top Fitter ECF-APD-MRI'•'EcoForm with Auto for 3"-3.5°Tenon Profile Dimming with PTF4a Pole Top Fitter Motion Response for 3.5%4"Tenon Override Luminaire mounted RPA' Round Pole Adaptor sensor for 3°to 3.9"OD BD Bird Deterrant (Held installed only) 1.Available in 120V thru 277V only. 4.ECF-MRI requires outboarded sensor 6.Voltage must be specified. 9.No adaptor required for 4'round poles. 2.Available in 120V or 277V only. when used with Terminal Block(TB)option. 7.Not available in 480V. RPAs provided with Black Paint standard. 3.Contact factory for lead times on warm white. 5.Not available with Type 5 optics. 8.Not available in 3 @ 120. 10.Not available with UNV(120-277V). @ 2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. pH I LI PS Specifications are subject to change without notice. www.philips.comlluminaires G200-047 08/13 page 1 of 6 GARDCO 0 01-COFORM OUTDOOR SITE & AREA Accessories(Order Separately) FS1 R-100 MR hand held programmer(For use with'MRI' MS-A-120V 120V input-Motion Sensor for motion response when field programming is MR50 or APD-MRO required).If desired,only one is needed per job. MS-A-277V 277V input-Motion Sensor for MRSO or APD-MRO LED Wattage and Lumen Values-Standard EcoForm Luminaire Initial Lumens" Order Code Array Total LED Average LED 2 3 4 S (standard units) Quantity LEDs Selection Current System Type 2 Type 3 Type 4 Type 5 (mA) Watts" SSLA-3253 2 32 530 52 NW 5,994(s) 5,895(s) 5,823(s) 5,588(s) 7SLA-4853 3 48 530 77 NW 8,899(s) 8,753(s) 8,646(s) 8,297(s) 100LA-64S3 4 64 530 103 NW 11,896(s) 11,700 11,558 11,091 70LA-3270 2 32 700 69 NW 7,385(s) 7,576(s) 7,293(s) 7,068(s) 10SLA-4870 3 48 700 104 NW 10,965(s) 11,249(s) 10,828(s) 10,494(s) 13SLA-6470 4 64 700 139 NW 14,657(s) 15,037 14,475(s) 14,028 10SLA-3I1A 2 32 1050 107 NW 10,199(s) 10,458 10,072(s) 9,767 160LA-481A 3 48 1050 158 NW 15,144(s) 15.565 14,955(s) 14,465 21SLA-641A 4 64 1050 211 NW 20,243 20,252 19,991 19,880 11.System input wattage may vary based on input voltage,by up to+/-10%,and based on manufacturer forward voltage,by up to+/_8%. 12.Lumen values based on photometric tests performed in compliance with IESNA LM-79. (s).Data is scaled based on tests of similar,but not identical,luminaires. EcoForm Drill Template(Standard Arm Mount) ti -------i-- 2.50" 6.35 cm 00.41" ----- -- 1----t- 1.04 cm 1.001, 1 �� 2.54 cm 2.0" 00.875" ( f t---- --�- 5.08cm 2.22 cm �� ----- -------- Note:For reference only.Drawing not to scale. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 2 of 6 WOFORM OUTDOOR SITE & AREA • Dimensions-Standard EcoForm Luminaire Top View Side View End View 2.1 5.3 cm _1 - � 33 cm I +_ 3.3.. 1.3" -_ -- _ 2 8.38 6.35 cm ' ! _ }I 3.3 24 2" I I �l 61.47 cm '-6.1'rl �1 1 15.5 cm 241" EPA(Ftl/M2) Approximate Luminaire Weight: 61.47 cm Single Twin(2@180) 1 3/4@90 20 Lbs(9.07 Kg) 0.2/0.019 1 0.5/0.046 0.5/ 1.046 Dimensions-EcoForm with Retrofit Arm Mount(RAM) Top View Side View End View 26- i / \ 66.04 cm 60.45 8cm ' I 33.02 cm I I I 6.6" ----- �,2.2'. 16.76 cm 6.6" - 16.76 cm 5.58cm A-------- EPA(Ft2/M2) Single Twin(2@180) 3/4@90 Approximate Luminaire Weight: • 0.3/0.028 0.6/0.056 0.7/0.065 21 Lbs(9.53 Kg) Dimensions- EcoForm with Mast Arm Fitter(MA) Top View Side View End View 2.1" 13.. 3.3' 53 cm 8.4 cm 33 cm 33. 7.9 cm T _ I 838 c --- --- - 1 , I 7.7" I I 19.56 cm - -13.4" �I 31.5" 34.04 cm 1 80.01 cm 31.5- 8601 C. EPA(Ft2/M2) Single Approximate Luminaire Weight: 0.51/0.047 21.5 Lbs(9.77 Kg) Dimensions- EcoForm with Wall Mount(WS) Top View Side View End View 13' 33cm 3.8 J m_iII 6 665cm 165 =23 08.2cm 1 6.5" I - 16.5 cm of 6.5' . 16.5I cm Lo 0 0 - _ I 1 10" I \ 5.1 cm1 , I I ' I • zo.57 , s7 cm a.4 cm' Approximate Luminaire Weight: 26.2- ' 23.36 Lbs(10.6 Kg) 66.55 cm @ 2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 3 of 6 i OCOFORM OUTDOOR SITE & AREA Luminaire Configuration Information • ECF The area motion detector provides coverage equal to up to 6 times the sensor Philips Gardco EcoForm LED standard luminaire providing constant wattage and height above ground,270°from the front-center of the sensor. constant light output when power to the luminaire is energized. Area PIR Motion Sensor Coverage Pattern: ECF-DIM Philips Gardco EcoForm LED luminaire provided with 0-10V dimming for connection 270°Front Coverage to a control system provided by others. Distances are ECF-APD 90� approximate. H=Height Above Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming.Luminaire �� Ground is provided with a Philips DynaDimmer module,programmed to go to 50%power, ! Height) 50%light output two(2)hours prior to night time mid-point and remain at 50%for six(6)hours after night time mid-point.Mid-point is continuously recalculated by 1H 3H 6H the Philips DynaDimmer module based on the average mid-point of the last two full Motion response requires that the pole include an additional hand hole 15 feet night cycles.Short duration cycles:and power interruptions are ignored and do not above the pole base,normally oriented 180°to the standard hand hole. For Philips affect the determination of mid-point. Gardco poles,order the pole with the Motion Sensor Mounting(MSM)option ECF-APO is available in 120V through 277V input only. which includes the hand hole and a special hand hole cover plate for the sensor ECF-APD Dimming Profile: with a 1/2"NPT receptacle centered on the hand hole cover plate into which the motion sensor mounts. Once,the motion sensor is connected to the hand hole cover plate,then wiring connections are completed in the pole.The plate(complete 2 Hours 6 Hours with motion sensor attached and wired)is then mounted to the hand hole.If poles are supplied by others,the customer is responsible for providing suitable mounting 100% 100% accommodations for the motion sensor in the pole. 50% 50% Mounting to a Philips Gardco Pole Power On Mid Point Power Off Cover Plate with 1/2"NPT Coupling �_(supplied le)ECF-MR50 Wiring AAttach Motion in Sensor to Cover Philips Gardco EcoForm LED luminaire with motion response,providing a 50% Pole Plate coupling, power reduction on low and a commensurate reduction in light output.The R Complete Wiring power and light output reduction is accomplished utilizing the Philips DynaDimmer Motion Sensor in Pole and Attach module,programmed for a constant 50%power. Power supplied by the motion Additional Hand Hole IS'Above Pole Base Cover Plate to Hand sensor connected to the override line on the DynaDimmer takes the luminaire to (oriented 180°to the standard hand hole) Hole high setting,100%power and light output,when motion is detected.The luminaire remains on high until no motion is detected for the motion sensor duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. ECF-APD-MRO ECF-MRSO is available in 120V through 277v input only to the luminaire. Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming,with Motion sensors require single voltage 120V or 277v input. Motion Response Override.The ECF-APD-MRO combines the benefits of both automatic profile dimming and motion response,using the Philips DynaDimmer The Area PIR motion sensor is the WattStopper EW-200-120-W(120V Input-MSA- module.The luminaire will dim to 50%power,50%light output,per the dimming 120V)or the WattStopper EW-200-277-W(277V Input-MSA-277V.)One motion profile shown for the ECF-APD.If motion is detected during the time that the. sensor per pole is required and is ordered separately. Area sensors require single luminaire is operating at 50%,the luminaire returns to 100%power and light output. voltage 120V or 277V input. The luminaire remains on high until no motion is detected for the duration period, after which the luminaire returns to low.Duration period is factory set at 15 — minutes,and is field adjustable from 5 minutes up to 15 minutes. Black,120V OR i Red Connects to Override Input 277V Input (Orange)Line of NOTES: White-Neutral Sensor DynaDimmer ECF-APD-MRO is available in 120V through 277V input only to luminaire.The motion sensor requires either 120V or 277V input to the motion sensor. The ECF-APD-MRO has the same pole requirements and utilizes the same motion sensors as the ECF-MR50.The motion sensor mounts and wires identically as well. The ECF-APD-MRO utilizes the identical dimming profile as shown for the ECF-APD. By combining the benefits of automatic profile dimming and motion response,the ECF-APD-MRO assures maximum energy savings,and insures that adequate light is • present if motion is detected. All motion sensors utilized consume 0.0 watts in the off state. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 4 of 6 REOFORM OUTDOOR SITE & AREA • Luminaire Configuration Information(Continued) ECF-MRI Luminaires with Motion Response include a LED driver and an integral FS1 R-100 Wireless Remote Programming Tool programmable motion sensor.The motion sensor is se-to a constant 50%.When The FS1R-100 Remote Programming Tool accessory permits adjustment of ECF-MRI motion is detected,the luminaire goes to 100%.The luminaire remains on high until no motion is detected for the motion sensor duration period,after which the and E ut the need t sensor settings,including duration and dimming level on low, luminaire returns to low.Duration period is factory se:at 5 minutes. Available with without the need to connect any wires to the luminaire. 120V or 277V only. The FS1 R-100 Wireless IR Programming Tool is a handheld tool for setup and testing Luminaires include a passive infrared(PIR)motion sensor,WattStopper®FSP-211 of WattStopper FSP-211.It provides wireless access to the FSP-211 sensors for setup equipped with an FSP-L3 lens,capable of detecting motion within 20 feet of the and parameter changes. sensor,180°around the luminaire,when placed at a 20 foot mounting height,or mounted on a wall.Available in 120V or 277V input on y.Motion sensor off state The FS1R-100 display shows menus and prompts to lead you through each power is 0.0 watts. process.The navigation pad provides a familiar way to navigate through the The approximate motion sensor coverage pattern is as shown below. customization fields. Side Coverage Pattern Top Coverage Pattern Within a certain mounting height of the sensor,the FS1 R-100 allows modification of the system without requiring ladders or tools simply with a touch of a few buttons. Pistances are approximate. The FS1 R-100 IR transceiver allows bi-directional communication between the [H=Height FSP-211 and the FS1 R-100 programming tool.Simple menu screens let you see it '�,!above ground. the current status of the system and make changes.It can change FSP-211 sensor j �✓/� parameters such as high/low mode,sensitivity,time delay,cut off and more.With the FS1R-100 you can also establish and store FSP-211 parameter profiles. 1H The FS1R-100 operates on three standard 1.SV AAA Alkaline batteries or three 2H10. 2H rechargeable AAA NiMH batteries.The battery status displays in the upper right t ► corner of the display.Three bars next to BAT=indicates a full battery charge. A warning appears on the display when the battery level falls below a minimum acceptable level.To conserve battery power,the FS1 R-100 automatically shuts off 10 minutes after the last key press. You navigate from one field to another using(up)or(down)arrow keys.The active field is indicated by flashing(alternates between yellow text on black background and ECF-APD-MRI black text on yellow background.) Luminaires with Automatic Profile Dimming and Motion Response Override combine the benefits of both automatic profile dimming and motion response. Once active,use the Select button to move to a menu or function within the active APD-MRI luminaires utilize Philips DynaDimmer.The luminaire will dim to 50% field.Value fields are used to adjust parameter settings.They are shown in"less- power,50%light output,per the dimming prcfile shown for APD luminaires(see than/greater-than"symbols:<value>.Once active,change them using(left)and page 4).If motion is detected during the time that the luminaire is operating at (right)arrow keys.In general the up key increments and the down key decrements a 50%,the luminaire goes to 100%power and light output.The luminaire remains on value.Selections wrap-around if you continue to press the key beyond maximum or high until no motion is detected for the duration period,after which the luminaire minimum values.Moving away from the value field overwrites the original value.The returns to low.Duration period is factory set at 5 mirutes. Home button takes you to the main menu.The Back button can be thought of as an undo function.It takes you back one screen.Changes that were in process prior to APD-MRI luminaires are available with 120V or 277V input voltages only. pressing the key are Iost.More information on the FS1 R-100 Remote Programming Tool is available at wattstopper.com. APD-MRI luminaires use the identical motion sensor as MR]luminaires. See motion sensor details for ECF-MRI. Power— On/Off i I Menu Home/Main Q Menu Back qq Up Left G 1 / � Right/Next Down • Select ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.phi.ips.com/luminaires G200-047 08/13 page 5 of 6 OCOFORM OUTDOOR SITE & AREA Specifications • General Description Motion Sensors Listings The Philips Gardco EcoForm combines economy with ECF-MR50,ECF-APD-MRO,ECF-MRI,ECF-APD- ETL/cETL listed to the LIL 1598 standard,suitable for performance in an LED area luminaire.Capable of MRI luminaires may be specified for additional energy Wet Locations.Suitable for use in ambients from-30° delivering up to 20,000 lumens or more in a compact, savings during unoccupied periods.See pages 4-6 for to 40°C(-22°to 104°F).The quality systems of this low profile LED luminaire,EcoForm offers a new level complete details. facility have been registered by LIL to the ISO 9001 of customer value.Integral control systems including series standards.All EcoForm luminaires equipped with motion response are available for further energy LED Thermal Management NW and CW are Design Lights Consortium®qualified. savings during off peak hours. The housing design allows the one piece housing to provide excellent thermal management critical to long Finish Housing LED system life. Each standard color luminaire receives a fade and One piece die cast aluminum housing with integral arm abrasion resistant,electrostatically applied,thermally and separate,self retained hinged,one piece die cast Optical Systems cured,triglycidal isocyanurate(TGIC)textured door frame. Type 2,3,4,and 5 distributions available.Internal polyester powdercoat finish.Standard colors include Shield option mounts to LED optics and is available bronze(BRP),black(BLP),white(WP),and natural IP Rating with Type 2,3,and 4 distributions to control backlight. aluminum(NP).Consult factory for specs on optional LED light engine rated IP66. or custom colors. Mounting Warrant Vibration Resistance Standard luminaire arm mounts to 4"round poles. y EcoForm luminaires feature aEcoForm with Standard Arm carries a 3G vibration Square pole adapter included with every luminaire. 5 year limited warranty. Philips Gardco LED luminaires s with LED arrays feature rating that conforms to standards set forth by ANSI Round Pole Adapter(RPA)required for 3-3.9"poles. a 5 year limited warranty covering the LED arrays.LED C136.31.Testing includes vibration to 3G acceleration Drivers also carry a 5 limited Motion in three axes,all performed on the same luminaire. Retrofit Arm Mount y year warranty. sensors are covered by warranty for 5 years by the EcoForm features an innovative retrofit arm kit.When motion sensor manufacturer. Electrical specified with the retrofit arm(RAM)option,EcoForm Driver efficiency(>90%standard).120-480V available seamlessly simplifies site conversions to LED by (restrictions apply).Open/short circuit projection. eliminating the need for additional pole drilling on most Optional 0-10V dimming to 10%power.RoHS existing poles.RAM will be boxed separately. compliant.Surge protector standard.10KA per ANSI/ IEEE C62.41.2. LED Board and Array ® 2.35" 32,48,or 64 LEDs.Color temperatures:3000K, a 6.03 cm 4000K,5700K+/-250K.Minimum CRI of 70. *I - Aluminum metal clad board.RoHS compliant. p 5.1875" 13.18 cm Energy Saving Benefits ��_•_! System efficacy up to 95 Ims/W with significant energy savings over Pulse Start Metal Halide luminaires. Optional control options provide added energy savings during unoccupied periods. 1 LED Performance: PREDICTED LUMEN DEPRECIATION DATA13 Ambient Driver mA Calculated L70 L Per TM-2114." Lumen Maintenance% Temperature°C Hours"-" 70 @ 60,000 hours Up to 40°C Up to 1050 mA >350,000 Hours >60,000 Hours 97% 13. Predicted performance derived from LED manufacturer's data and engineering design estimates,based on IESNA LM-80 methodology.Actual experience may vary due to field ' application conditions. 14. L�is the predicted time when LED performance depreciates to 70%ofinitial lumen output. 15.Calculated per IESNA TM21-11.Published 6 hours limited to 6 times actual LED test hours. • L ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 6 of 6 ' TYPE S3 - HEAD 1 Redefining va ue WOFORM OUTDOOR SITE & AREA with- outstanding performance PHILIPS GARDCO, LED SITE&AREA LUMINAIRE, ECOFORM Noisome DESIGNIIGNTS The Philips Gardco EcoForm combines economy with performance C 0 N S 0 R T I U M in an LED area luminaire. Capable of delivering up to 20,000 lumens Project: or more in a compact, low profile LED luminaire, EcoForm offers Location: a new level of customer value. EcoForm features an innovative Catalog No: retrofit arm kit, simplifying site conversions to LED by eliminating Fixture Type: the need to drill additional holes in most existing poles. Integral Mfg: Qty: control systems available for further energy savings. Notes: Ordering guide Prefix Mounting Optics LED Array LED Voltage Finish Options &LED Selection Wattage ECF EcoForm Standard 1 Single 2 Type 2 CW• 5.700K UNV BRP Bronze TL Tool-Less entry&Luminaire 2 2@180 3 Type 3 SSLA-3253' 70 CRI 1 0- 77V Paint driver removal NW 4,000K HVU hardware ECF-DIM EcoForm with 2@90 2@90 4 Type 4 BLP Black 100LA-6453 70 CRI 347-480V 0-10V Dimming3 ?@90 S Type 5 Paint TB Terminal Block ECF-APD' EcoForm with AutJ 3@120 3@120 700mA WW 3.000K 120 WP White ISs Internal Shield Profile Dimming 4 4@90 70LA-3270 70 CRI 208 Paint LF°•t0 Line Fusing 'OSLA-4870 ECF-MRS02 EcoForm with WS Wall mount 13SLA-6470 240 NP Natural LFC'-" Line Fusing for Motion Response including 277 Paint Canada at 50%low Surface 1050mA 347 Pole mounted'sensor conduit 10SLA-321A' OC Optional PCR Photocell 480 Color Receptacle ECF-APD-MRO'EcoForm with Fear entry 160LA-481A Specify Only Auto Profile permitted 21 SLA-641A optional color e t�° MA Mast Arm or RAL PC Receptacle with Dimming and ex CC-LGP Photocell Motion Response Fitter or Override (-equires CC-RAL7024. PCB'•'-"Photocell Pole mounted sensor 2-3/8"O.D. Button � Mast Arm). SC Special ECF-MRI'•' EcoForm with Color RAM Retrofit Arm Motion Response Specify.Must Mount Kit at 50%low supply color PTF2° Pole Top Fitter Chip.Requires Luminaire mounted factory quote. for 2-3/8°-3"Tenon sensor PTF38 Pole Top Fitter ECF-APD-MRI'•'EcoForm with Auto for 3"-3.5"Tenon Profile Dimming with PTF46 Pole Top Fitter Motion Response for 3.5"-4"Tenon Override Luminaire mounted RPA° Round Pole Adaptor for 3"to 3.9'OD sensor BD Bird Deterrant (field installed only) 1.Available n 120V thru 277V only. 4.ECF-MRI requires outboarded sensor 6.Voltage must be specified. 9.No adaptor required for 4"round poles. 2.Available in 120V or 277V only. when used with Terminal Block(TB)option. 7.Not available in 480V. RPAs provided with Black Paint standard. • 3.Contact factory for lead times on warm white. 5.Not available with Type 5 optics. 8.Not available in 3 @ 120. 10.Not available with UNV(120-277V). @ 2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. pH I LI PS Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 GARDCO page 1 of 6 9COFORM OUTDOOR SITE & AREA Accessories(Order Separately) • FSIR-100 MR hand held programmer(For use with'MRI' MIS-A-120V 120V input-Motion Sensor for motion response when field programming is MR50 or APD-MRO required).If desired,only one is needed per job. MIS-A-277V 277V input-Motion Sensor for MR50 or APD-MRO LED Wattage and Lumen Values-Standard EcoForm Luminaire Initial Lumens" Order Code Array Total LED Average LED 2 3 4 S (standard units) Quantity LEDs Current System Selection Type 2 Type 3 Type 4 Type 5 (mA) Watts SSLA-3253 2 32 530 52 NW 5.994(s) 5,895(s) 5,823(s) 5,588(s) 7SLA-4853 3 48 530 77 NW 8,899(s) 8,753(s) 8,646(s) 8,297(s) 100LA-64S3 4 64 530 103 NW 11,896(s) 11,700 11,558 11,091 70LA-3270 2 32 700 69 NW 7,385(s) 7,576(s) 7,293(s) 7,068(s) 10SLA-4870 3 48 700 104 NW 10,965(s) 11,249(s) 10,828(s) 10,494(s) 13SLA-6470 4 64 700 139 NW 14,657(s) 15,037 14,475(s) 14,028 IOSLA-321A 2 32 1050 107 NW 10,199(s) 10,458 10,072(s) 9,767 160LA-481A 3 48 1050 158 NW 15,144(s) 15,565 14,955(s) 14,465 21SLA-641A 4 64 1050 211 NW 20,243 20,252 19,991 19,880 11.System input wattage may vary based on'input voltage,by up to+/-10%,and based on manufacturer forward voltage,by up to+/-8%. 12.Lumen values based on photometric tests performed in compliance with IESNA LM-79. (s).Data is scaled based on tests of similar,but not identical,luminaires. EcoForm Drill Template(Standard Arm Mount) I zs0" 6.35 cm 0 0.41' p----- -- - ---�} - 1.04 cm I 1.00" I ' 2.54 cm 2.0" 0 0.875" + ---- - 5.08 cm 2.22 cm Note:For reference only.Drawing not to scale. 1 ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. - www.philips.com/luminaires G200-047 08/13 page 2 of 6 *OFORM OUTDOOR SITE & AREA • Dimensions-Standard EcoForm Luminaire Top View Side View End View 5.3 un 13" 33 cm �-i 2.5" l I 8.38 cm+- -- 6.35cm --- 1.3" (I 3.3 an �� 24 2- I I 61.47 cm ' I i 15.5 cm 24.2"�- EPA(Ftl/M') 61.47cm Approximate Luminaire Weight: Single Twin(2@180) 1 3/4@90 20 Lbs(9.07 Kg) 0.2/0.019 0.5/0.046 0.5/0.046 Dimensions-EcoForm with Retrofit Arm Mount(RAM) Top View Side View End View 26" i ! \ i 66.04 cm , J 1Y i I ' 60.45 8cm I I 33.02 cm I -- r 33.; - 6.6" 8.31 cm �.2.2' 16.76 cm 6" 5.58 cm - 16.7.76 cm EPA(Ft2/1`11) Single Twin(2@180) 3/4@90 Approximate Luminaire Weight: 0.3/0.028 0.6/0.056 0.7/0.065 21 Lbs(9.53 Kg) • Dimensions- EcoForm with Mast Arm Fitter(MA) Top View Side View End View 21"3.3" 5.3 cm 13., 8.4 cm ' 33 cm~ i I t7.4 cm- ° I_T 8.38c--_____ I III I I �l Imo- 77' I i, I 19.56 cm ' 13.4" �i I 31.5" I 34.04 cm I 90.01 cm _ 31.5" 8601 cm EPA(Ftz/11`11) Single Approximate Luminaire Weight: 0.51/0.047 21.5 Lbs(9.77 Kg) Dimensions-EcoForm with Wall Mount(WS) Top View Side View End View 13" 1.5',I 33 cm I 26.2" 3.8 cm' 6.5' I 66.55 cm I ' I 165 cm '3,Z3"� 6.5" O 6.5.. .5- f 16.5<m - 16.5 cm I 2.0"1-4I ° 5.1 cm I • ! .. '3.3 20.57 I � 8.1" �I i 's.4 cm' Approximate Luminaire Weight: 26.2"cm 66.55 cm 23.36 Lbs(10.6 Kg) ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 D8/13 page 3 of 6 0 9COFORM OUTDOOR SITE & AREA Luminaire Configuration Information • ECF The area motion detector provides coverage equal to up to 6 times the sensor Philips Gardco EcoForm LED standard luminaire providing constant wattage and height above ground,270°from the front-center of.he sensor. constant light output when power to the luminaire is energized. ECF-DIM Area FIR Motion Sensor Coverage Pattern: Philips Gardco EcoForm LED luminaire provided with 0-10V dimming for connection 270°Front Coverage to a control system provided by others. Distances are ECF-APD 90�. approximate. \ H=Height Above Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming.Luminaire Ground is provided with a Philips DynaDimmer module,programmed to go to 50%power, ' Heightli 50%light output two(2)hours prior to night time mid-point and remain at 50%for LL1 � six(6)hours after night time mid-point.Mid-point is continuously recalculated by 1H 3H 6H the Philips DynaDimmer module based on the average mid-point of the last two full Motion response requires that the pole include an aJditional hand hole 15 feet night cycles.Short duration cycles,and power interruptions are ignored and do not above the pole base,normally oriented 180°to the standard hand hole. For Philips affect the determination of mid-point. Gardco poles,order the pole with the Motion Sensor Mounting(MSM)option ECF-APD is available in 120V through 277V input only. which includes the hand hole and a special hand hole cover plate for the sensor ECF-APD Dimming Profile: with a 1/2"NPT receptacle centered on the hand hole cover plate into which the motion sensor mounts. Once the motion sensor is zonnected to the hand hole cover plate,then wiring connections are completed iin the pole.The plate(complete 2 Hours 6 Hours with motion sensor attached and wired)is then mounted to the hand hole.If poles are supplied by others,the customer is responsible-or providing suitable mounting 100% 100% accommodations for the motion sensor in the pole. 50% 50% Mounting to a Philips Gardco Pole Power On Mid Point Power Off Cover Plate with 1/2"NPT Coupling (supplied w ith po le) . ECF-MR50 Wiring �'� Attach Motion in Sensor to Cover Philips Gardco EcoForm LED luminaire with motion response,providing a 50% Pole Plate coupling, power reduction on low and a commensurate reduction in light output.The R Complete Wiring power and light output reduction is accomplished utilizing the Philips DynaDimmer Motion Sensor in Pole and Attach module,programmed for a constant 50%power. Power supplied by the motion Additional Hand Hole IS'Above Pole Base Cover Plate to Hand sensor connected to the override line on the DynaDimmer takes the luminaire to (oriented 180°to the standard hand hole) Hole high setting,100%power and light output,when motion is detected.The luminaire remains on high until no motion is detected for the motion sensor duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. ECF-APD-M RO ECF-MRSO is available in 120V through 277V input only to the luminaire. Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming,with Motion sensors require single voltage 120V or 277v input. Motion Response Override.The ECF-APD-MRO combines the benefits of both automatic profile dimming and motion response,using the Philips DynaDimmer The Area PIR motion sensor is the WattStopper EW-200-120-W(120V Input-MSA- module.The luminaire will dim to 50%power,50%fight output,per the dimming 120V)or the WattStopper EW-200-277-W(277V Input-MSA-277V.)One motion profile shown for the ECF-APD.If motion is detected during the time that the sensor per pole is required and is ordered separately. Area sensors require single luminaire is operating at 50%,the luminaire returns to 100%power and light output. voltage 120V or 277V input. The luminaire remains on high until no motion is detected for the duration period, i after which the luminaire returns to low.Duration period is factory set at 15 \J r � minutes,and is field adjustable from 5 minutes up to 15 minutes. Red Connects to Black,120V OR Override Input 277V Input (Orange)Line of NOTES: White-Neutral Sensor DynaDimmer ECF-APD-MRO is available in 120V through 277V ir.put only to luminaire.The motion sensor requires either 120V or 277V input oo the motion sensor. The ECF-APD-MRO has the same pole requiremens and utilizes the same motion sensors as the ECF-MR50.The motion sensor mounts and wires identically as well. The ECF-APD-MRO utilizes the identical dimming Frofile as shown for the ECF-APD. By combining the benefits of automatic profile dimming and motion response,the. ECF-APD-MRO assures maximum energy savings,and insures that adequate light is present if motion is detected. All motion sensors utilized consume 0.0 watts in the off state. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 4 of 6 / WOFORM OUTDOOR SITE & AREA Luminaire Configuration Information(Continued) ECF-MRI Luminaires with Motion Response include a LED driver and an integral FS1 R-100 Wireless Remote Programming Tool programmable motion sensor.The motion sensor is set to a constant 50%.When The FS1 R-100 Remote Programming Tool accessory permits adjustment of ECF-MRI motion is detected,the luminaire goes to 100%.The luminaire remains on high until no motion is detected for the motion sensor duration period,after which the and out the need I sensor settings,including duration and dimming level on low, without the need to connect any wires to the luminaire. luminaire returns to low.Duration period is factory sec at 5 minutes. Available with 120V or 277V only. The F51R-100 Wireless IR Programming Tool is a handheld tool for setup and testing Luminaires include a passive infrared(PIR)motion sensor,WatcStopper®FSP-211 of WattStopper FSP-211.It provides wireless access to the FSP-211 sensors for setup equipped with an FSP-L3 lens,capable of detecting motion within 20 feet of the and parameter changes. sensor,180'around the luminaire,when placed at a 20 foot mounting height,or mounted on a wall.Available in 120V or 277V input only.Motion sensor off state The FS1R-100 display shows menus and prompts to lead you through each power is 0.0 watts. process.The navigation pad provides a familiar way to navigate through the The approximate motion sensor coverage pattern is as shown below. customization fields. Side Coverage Pattern Top Coverage Pattern Within a certain mounting height of the sensor,the FS1R-100 allows modification of the system without requiring ladders or tools simply with a touch of a few buttons. Distances are japproximate. The FS1R-100 IR transceiver allows bi-directional communication between the i \ Height FSP-211 and the F31 R-100 programming tool.Simple menu screens let you see 'above ground. the current status of the system and make changes.It can change FSP-211 sensor parameters such as high/low mode,sensitivity,time delay,cut off and more.With the FS1R-100 you can also establish and store FSP-211 parameter profiles. 1H The FS111-100 operates on three standard 1.5V AAA Alkaline batteries or three 2H 2H rechargeable AAA NiMH batteries.The battery status displays in the upper right corner of the display.Three bars next to BAT=indicates a full battery charge. A warring appears on the display when the battery level falls below a minimum acceptable level.To conserve battery power,the FS1 R-100 automatically shuts off 10 minutes after the'ast key press. You navigate from one field to another using(up)or(down)arrow keys.The active field is indicated by flashing(alternates between yellow text on black background and ECF-APD- MRI black text on yellow background.) Luminaires with Automatic Profile Dimming and Motion Response Override combine the benefits of both automatic profile dimming and motion response. Once a.-tive,use the Select button to move to a menu or function within the active APD-MRI luminaires utilize Philips DynaDimmer.The luminaire will dim to 50% field.Value fields are used to adjust parameter settings.They are shown in"less- power,50%light output,per the dimm"ng profile shown for APD luminaires(see than/greater-than"symbols:<value>.Once active,change them using(left)and page 4).If motion is detected during the time that the luminaire is operating at (right)arrow keys.In general the up key increments and the down key decrements a 50%,the luminaire goes to 100%power and light output.The luminaire remains on value.Selections wrap-around if you continue to press the key beyond maximum or high until no motion is detected for the duration period,after which the luminaire minimum values.Moving away from the value field overwrites the original value.The returns to low.Duration period is factory set at 5 minutes. Home button takes you to the main menu.The Back button can be thought of as an undo function.It takes you back one screen.Changes that were in process prior to APD-MRI luminaires are available with 120V or 277V input voltages only. pressing the key are Iost.More information on the FS1R-100 Remote Programming Tool is available at wattstopper.com. APD-MRI luminaires use the identical motion sensor as MRI luminaires. See motion sensor details for ECF-MRI. Power— On/Off j . i Home/Main Q Menu Back Up Left 1 Right/Next Down • � Select ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 5 of 6 k0FORM OUTDOOR SITE & AREA Specifications • General Description Motion Sensors Listings The Philips Gardco EcoForm combines economy with ECF-MR50,ECF-APD-MRO,ECF-MRI,ECF-APD- ETL/cETL listed to the UL 1598 standard,suitable for performance in an LED area luminaire.Capable of MRI luminaires may be specified for additional energy Wet Locations.Suitable for use in ambients from-30' delivering up to 20,000 lumens or more in a compact, savings during unoccupied periods.See pages 4-6 for to 40°C(-22°to 104°F).The quality systems of this low profile LED luminaire,EcoForm offers a new level complete details. facility have been registered by UL to the ISO 9001 of customer value.Integral control systems including series standards.All EcoForm luminaires equipped with motion response are available for further energy LED Thermal Management NW and CW are DesignLights Consortium®qualified. savings during off peak hours. The housing design allows the one piece housing to provide excellent thermal management critical to long Finish ("lousing LED system life. Each standard color luminaire receives a fade and One piece die cast aluminum housing with integral arm abrasion resistant,electrostatically applied,thermally and separate,self retained hinged,one piece die cast Optical Systems cured,triglycidal isocyanurate(TGIC)textured door frame. Type 2,3,4,and 5 distributions available.Internal polyester powdercoat finish.Standard colors include Shield option mounts to LED optics and is available bronze(BRP),black(BLP),white(WP),and natural IP Rating with Type 2,3,and 4 distributions to control backlight. aluminum(NP).Consult factory for specs on optional LED light engine rated IP66. or custom colors. Mounting Warranty Vibration Resistance Standard luminaire arm mounts to 4"round poles. EcoForm with Standard Arm carries a 3G vibration Square pole adapter included with every luminaire. EcoForm luminaires feature a 5 year limited warranty. Philips Gardco LED luminaires with LED arrays feature rating that conforms to standards set forth by ANSI Round Pole Adapter(RPA)required for 3-3.9"poles. a 5 year limited warranty covering the LED arrays.LED C736.31.Testing includes vibration to 3G acceleration Drivers also carry 5 limited Motion in three axes,all performed on the same luminaire. Retrofit Arm Mount y a year warranty. sensors are covered by warranty for 5 years by the EcoForm features an innovative retrofit arm kit.When motion sensor manufacturer. Electrical specified with the retrofit arm(RAM)option,EcoForm Driver efficiency(>90%standard).120-480V available seamlessly simplifies site conversions to LED by (restrictions apply).Open/short circuit protection. eliminating the need for additional pole drilling on most Optional 0-10V dimming to 10%power.RoHS existing poles.RAM will be boxed separately. compliant.Surge protector standard.10KA per ANSI/ - IEEE C62.41.2. 1 _ LED Board and Array 2.375„ • 32.48,or 64 LEDs.Color temperatures:3000K, 6.03 cm 4000K,5700K+/-250K.Minimum CRI of 70. i - Aluminum metal clad board.RoHS compliant. 5.1875" 13.18 cm Energy Saving Benefits System efficacy up to 95 Ims/W with significant energy savings over Pulse Start Metal Halide luminaires. Optional control options provide added energy savings during unoccupied periods. i LED Performance: PREDICTED LUMEN DEPRECIATION DATA13 Ambient Driver mA Calculated L,a L Per TM-2174.15 Lumen Maintenance Temperature°C Hours"," 70 @ 60,000 hours Up to 40°C Up to 1050 mA >350,000 Hours >60,000 Hours 97% 13. Predicted performance derived from LED manufacturer's data and engineering design estimates,based on IESNA LM-80 methodology.Actual experience may vary due to field application conditions. 14. L,is the predicted time when LED performance depreciates to 70%of initial lumen output. .15.Calculated per IESNA TM21-11.Published L.hours limited to 6 times actual LED test hours. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved.' Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 6 of 6 TYPE S5 - HEAD 1 - Redefi'nin va ue *10FORM OUTDOOR SITE & AREA with outstanding performance PHILIPS GARDCO, LED SITE&AREA LUMINAIRE, ECOFORM •INN" DESIGNIIGNTS "" The Philips Gardco EcoForm combines economy with performance C 0 N S O R T I U M I: AM- in an LED area luminaire. Capable of delivering up to 20,000 lumens Project: or more in a compact, low profile LED luminaire, EcoForm offers Location: a new level of customer value. EcoForm features an innovative Catalog No: retrofit arm kit, simplifying site conversions to LED by eliminating Fixture Type: the need to drill additional holes in most existing poles. Integral Mfg: Qty: control systems available for further energy savings. Notes: Ordering guide Prefix Mounting Optics LED Array LED Voltage Finish Options &LED Selection Wattage ECF EcoForm Standard 1 Single 2 Type 2 530 mA CW 5,700K UNV BRP Bronze TL Tool-Less entry& • Luminaire 2 2@180 3 Type 3 SSLA3253' 70 CRI 1 0- 77V Paint driver removal NW 4,000K HVU hardware ECF-DIM EcoForm with 2@90 2@90 4 Type 4 BLP Black 100LA-6453 70 CRI 347-480V 0-10V Dimming ; 3@90 S Type 5 Paint TB Terminal Block ECF-APD' EcoForm with Auto 3@120 3@120 700mA WW2 3,000K 120 WP White ISs Internal Shield Profile Dimming70LA-3270 70 CRI 206 Paint " o 4 4@90 LF Line Fusing 10SLA-4870 ECF-MRS02 EcoForm with WS Wall mount 13SLA-6470 240 NP Natural LFC" ' Line Fusing For Motion Response including 277 Paint Canada at 50%low Surface 1050mA 347 Pole mounted sensor conduit 10SLA-321A' OC Optional PCR Photocell 480 Color Receptacle ECF-APD-MR02 EcoForm with Rear entry 160LA-481A Speciy Only permitted 21SLA-641A optional color Auto Profile PC'-'-" Receptacle with Dimming and MA Mast Arm or RALex:OC-LGP Photocell Motion Response Fitter or Override (requires OC-RAL7024. PCB','-'"Photocell Pole mounted sensor 2-3/8"O.D. Button Mast Arm) SC Special ECF-MR1'-4 EcoForm with Color RAM Retrofit Arm Motion Response Spedfy.Must Mount Kit supply color a at 50%low PTF2 Pole Top Fitter chip.Requires Luminaire mounted factory quote. for 2-3/8°-3"Tenon sensor PTF38 Pole Top Fitter EC F-APD-M R 12•'EcoForm with Auto for 3"-3.5°Tenon Profile Dimming with PTF48 Pole Top Fitter Motion Response for 3.5°-4'Tenon Override Luminaire mounted RPA' Round Pole Adaptor sensor for 3"to 3.9"OD BD Bird Deterrant (field installed only) 1.Available in 120V thru 277V only. 4.ECF-MRI requires outboarded sensor 6.Voltage must be specified. 9.No adaptor required for 4'round poles. 2.Available in 120V or 277V only. when used with Terminal Block(TB)option. 7.Not available in 480V. RPAs provided with Black Paint standard. 3.Contact factory for lead times on warm white. 5.Not available with Type 5 optics. 8.Not available in 3 @ 120. 10.Not available with UNV(120-277V). @ 2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. PH 1 LI PS Specifications are subject to change without notice. C� www.philips.com/luminaires GARDCO G200-047 08/13 page 1 of 6 OCOFORM OUTDOOR SITE & AREA Accessories(Order Separately) FSIR-100 MR hand held programmer(For use with'MRI' MS-A-120V 120V input-Motion Sensor for motion response when field programming is MR50 or APD-MRO required).If desired,only one is needed per job. MS-A-277V 277V input-Motion Sensor for MR50 or APD-MRO LED Wattage and Lumen Values-Standard EcoForm Luminaire Initial Lumens" Order Code Array Total LED Average LED 2 3 4 S (standard units) Quantity LEDs Current System Selection Type 2 Type 3 Type 4 Type 5 (mA) Watts" SSLA-32S3 2 32 530 52 NW 5,994(s) 5,895(s) 5,823(s) 5,588(s) 7SLA-48S3 3 48 530 77 NW 8,899(s) 8,753(s) 8,646(s) 8,297(s) t0OLA-6453 4 64 530 103 NW 11,896(s) 11,700 11,558 11,091 70LA-3270 2 32 700 69 NW 7,385(s) 7,576(s) 7,293(s) 7,068(s) IOSLA-4870 3 48 700 104 NW 10,965(s) 11,249(s) 10,828(s) 10,494(s) 13SLA-6470 4 64 700 139 NW 14,657(s) 15,037 14,475(s) 14,028 10SLA-321A. 2 32 1050 107 NW 10,199(s) 10,458 10,072(s) 9,767 160LA-481A 3 48 1050 158 NW 15,144(s) 15,565 14,955(s) 14,465 21SLA-641A 4 64 1050 211 NW 20,243 20,252 19,991 19,880 11.System input wattage may vary based on input voltage,by up to+/-10%,and based on manufacturer forward voltage,by up to+/-8%. 12.Lumen values based on photometric tests performed in compliance with IESNA LM-79. (s).Data is scaled based on tests of similar,but not identical,luminaires. • EcoForm Drill Template(Standard Arm Mount) ------- J-- 2.50" 6.35 cm 00.41" }�----- -- ----�- 1.04 cm 1.00" t 2.54 cm 2.0" 00.875" D ---- - 5.08cm 2.22 cm �-( +�----- ------- C- Note:For reference only.Drawing not to scale. • ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 2 of 6 WOFORM OUTDOOR SITE & AREA • Dimensions-Standard EcoForm Luminaire Top View Side View End View �- 2.1" 5.3 cm 13" 131, 3.3-1 J_i cm+------�- 6.35 cm 1.3" } 3.3 24.2" 61.47 cm ' I � 15.5<m 24.2" „' EPA(Ft'/M') ' 61.47cm Approximate Luminaire Weight: Single Twin(2@180) 3/4@90 20 Lbs(9.07 Kg) 0.2/0.019' 0.5/0.046 0.5/0.046 Dimensions-EcoForm with Retrofit Arm Mount(RAM) Top View Side View End View 26" 66.04 cm ' 13" I ' 60.45 8cm ' I 33.02 cm I ---r`r.. , 3.3" ! -- ----- - i8.3Jcm - _ ,- I 6.6*' ------ - - �.2.2' 16.76 cm 6.6" 5.58 cm 16.76 cm - EPA(W/M') Single Twin(2@180) 3/4@90 Approximate Luminaire Weight: 0.3/0.028 0.6/0.056 0.7/0.065 21 Lbs(9.53 Kg) • Dimensions- EcoForm with Mast Arm Fitter(MA) Top View Side View End View 2.1" 13., . 3.3" 5.3 cm �� 8.4 cm 33 cm-� -i7.4 cm- - , - , 8.38 cm+ - I 7.7---.j I 19.56 cm r13.4" 31.5" 34.04 cm , 80.01 cm 31.5" 8601 cm EPA(Ft'/M') Single Approximate Luminaire Weight: 0.51/0.047 21.5 Lbs(9.77 Kg) Dimensions-EcoForm with Wall Mount(WS) Top View Side View End View 13" -- 1.5.•' - 33cm I I 6655 cm I 3.8-i 6.5��.� _ 165 cm '3.23 f -i-- ��8.2cm f- 5 cm O 6.5" f -- 16.5 cm o0 0o - - 2.0" 5.1 Cm ' 20.57 cm I , '8.4 cm, Approximate Luminaire Weight: 26.2" 23.36 Lbs(10.6 Kg) 66.55 cm ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047' 08/13 page 3 of 6 OCOFORM OUTDOOR SITE & AREA Luminaire Configuration Information • ECF The area motion detector provides coverage equal to up to 6 times the sensor Philips Gardco EcoForm LED standard luminaire providing constant wattage and height above ground,270°from the front-center of the sensor. constant light output when power to the luminaire is energized. Area PIR Motion Sensor Coverage Pattern: ECF-DIM Philips Gardco EcoForm LED luminaire provided with 0-10V dimming for connection 1 270°Front Coverage to a control system provided by others. Distances are ECF-APD 90� approximate. H=Height Above Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming.Luminaire \ Ground is provided with a Philips DynaDimmer module,programmed to go to 50%power, Height) 50%.light output two(2)hours prior to night time mid-point and remain at 50%for six(6)hours after night time mid-point.Mid-point is continuously recalculated by 1H 3H 6H the Philips DynaDimmer module based on the average mid-point of the last two full Motion response requires that the pole include an additional hand hole'IS feet night cycles.Short duration cycles,and power interruptions are ignored and do not above the pole base,normally oriented 180°to the standard hand hole. For Philips affect the determination of mid-point. Gardco poles,order the pole with the Motion Sensor Mounting(MSM)option ECF-APD is available in 120V through 277V input only. which includes the hand hole and a special hand hole cover plate for the sensor ECF-APD Dimming Profile: with a 1/2"NPT receptacle centered on the hand hole cover plate into which the motion sensor mounts. Once the motion sensor is connected to the hand hole cover plate,then wiring connections are completed in the pole.The plate(complete with motion sensor attached and wired)is then mounted to the hand hole.If poles 2 Hours 6 Hours are supplied by others,the customer is responsible for providing suitable mounting 100% 100% accommodations for the motion sensor in the pole. 50% 50% Mounting to a Philips Gardco Pole Power On Mid Point Power Off Cover Plate with 1/2"NPT Coupling ECF-MR50 Wiring (supplied with pole) • �' Attach Motion in Sensor to Cover Philips Gardco EcoForm LED luminaire with motion response,providing a 50% Pole Plate coupling, power reduction on low and a commensurate reduction in light output.The R Complete Wiring power and light output reduction is accomplished utilizing the Philips DynaDimmer Motion Tensor in Pole and Attach module,programmed for a constant 50%power. Power supplied by the motion Additional Hand Hole IS'Above Pole Base Cover Plate to Hand sensor connected to the override line on the DynaDimmer takes the luminaire to (oriented 180°to the standard hand hole) Hole high setting,100%power and light output,when motion is detected.The luminaire remains on high until no motion is detected for the motion sensor duration period, after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. ECF-APD-MRO ECF-MRSO is available in 120V through 277V input only to the luminaire. Philips Gardco EcoForm LED luminaire with Automatic Profile Dimming,with Motion sensors require single voltage 120V or 277V input. Motion Response Override.The ECF-APD-MRO combines the benefits of both automatic profile dimming and motion response,using the Philips DynaDimmer The Area PIR motion sensor is the WattStopper EW-200-120-W(120V Input-MSA- module.The luminaire will dim to 50%power,50%light output,per the dimming 120V)or the WattStopper EW-200-277-W(277V Input-MSA-277V.)One motion profile shown for the ECF-APD.If motion is detected during the time that the sensor per pole is required and is ordered separately. Area sensors require single luminaire is operating at 50%,the luminaire returns to 100%power and light output. voltage 120V or 277V input. The luminaire remains on high until no motion is cetected for the duration period, 4 after which the luminaire returns to low.Duration period is factory set at 15 minutes,and is field adjustable from 5 minutes up to 15 minutes. =% Red Connects to Black,120V OR Override Input 277V Input (Orange)Line of NOTES: White-Neutral Sensor DynaDimmer ECF-APD-MRO is available in 120V through 277V input only to luminaire.The motion sensor requires either 120V or 277V input to the motion sensor. The ECF-APD-MRO has the same pole requirements and utilizes the same motion sensors as the ECF-MR50.The motion sensor mounts and wires identically as well. The ECF-APD-MRO utilizes the identical dimming profile as shown for the ECF-APD. By combining the benefits of automatic profile dimming and motion response,the ECF-APD-MRO assures maximum energy savings,and insures that adequate light is • present if motion is detected. All motion sensors utilized consume 0.0 watts in the off state. ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 4 of 6 *OFORM OUTDOOR SITE & AREA • Luminaire Configuration Information(Continued) ECF-MRI Luminaires with Motion Response include a LED driver and an integral FS1 R-100 Wireless Remote Programming Tool programmable motion sensor.The motion.sensor is set to a constant 50%.When The FS1 R-100 Remote Programming Tool accessory permits adjustment of ECF-MRI motion is detected,the luminaire goes to 100%.The luminaire remains on high until no motion is detected for the motion sensor duration period,after which the and out the need I sensor settings,including duration and dimming level on low, without the need to connect any wires to the luminaire. luminaire returns to low.Duration period is factory se:at 5 minutes. Available with 120V or 277V only. The FS1R-100 Wireless I Programming Tool is a handheld tool for setup and testing Luminaires include a passive infrared(PIR)motion sensor,WattStopper®FSP-211 of WattStopper FSP-211.It provides wireless access to the FSP-211 sensors for setup equipped with an FSP-L3 lens,capable of detecting motion within 20 feet of the and parameter changes. sensor,180°around the luminaire,when placed at a 20 foot mounting height,or mounted on a wall.Available in 120V or 277V input only.Motion sensor off state The FSIR-100 display shows menus and prompts to lead you through each power is 0.0 watts. process.The navigation pad provides a familiar way to navigate through the The approximate motion sensor coverage pattern is as shown below. customization fields. Side Coverage Pattern Top Coverage Pattern Within a certain mounting height of the sensor,the FS1 R-100 allows modification of the system without requiring ladders or tools simply with a touch of a few buttons. Distances are approximate. The FS1 R-100 IR transceiver allows bi-directional communication between the H=Height FSP-211 and the FSIR-100 programming tool.Simple menu screens let you see above ground. the current status of the system and make changes.It can change FSP-211 sensor - 7 parameters such as high/low mode,sensitivity,time delay,cut off and more.With the FS1R-100 you can also establish and store FSP-211 parameter profiles. 1H _ The FS1 R-100 operates on three standard 1.5V AAA Alkaline batteries or three 214 2H rechargeable AAA NiMH batteries.The battery status displays in the upper right corner of the display.Three bars next to BAT=indicates a full battery charge. A warning appears on the display when the battery level falls below a minimum acceptable level.To conserve battery power,the FS1 R-100 automatically shuts off 10 minutes after the last key press. • You navigate from one field to another using(up)or(down)arrow keys.The active field is indicated by flashing(alternates between yellow text on black background and ECF-APD-MRI , black text on yellow background.) Luminaires with Automatic Profile Dimming and Motion Response Override combine the benefits of both automatic profile dimming and motion response. Once active,use the Select button to move to a menu or function within the active APD-MRI luminaires utilize Philips DynaDimmer.The luminaire will dim to 50% field.Value fields are used to adjust parameter settings.They are shown in"less- power,50%light output,per the dimming profile shown for APD luminaires(see than/greater-than"symbols:<value>.Once active,change them using(left)and page 4).If motion is detected during the time that the luminaire is operating at (right)arrow keys.In general the up key increments and the down key decrements a 50%,the luminaire goes to 100%power and light output.The luminaire remains on value.Selections wrap-around if you continue to press the key beyond maximum or high until no motion is detected for the duration period,after which the luminaire minimum values.Moving away from the value field overwrites the original value.The returns to low.Duration period is factory set at 5 minutes. Home button takes you to the main menu.The Back button can be thought of as an undo function.It takes you back one screen.Changes that were in process prior to APD-MRI luminaires are available with 120V or 277V input voltages only. pressing the key are Iost.More information on the FS1 R-100 Remote Programming Tool is available at wattstopper.com. APD-MRI luminaires use the identical motion sensor as MRI luminaires. See motion sensor details for ECF-MRI. Power— On/Off Home/Main (� j Menu Back �q Q Up Left a 1 ► i Right/Next Down • � Select ©2013 Koninklijke Philips N.V.(Royal Philips). All rights-eserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 5 of 6 COFORM OUTDOOR SITE & AREA Specifications • General Description Motion Sensors Listings The Philips Gardco EcoForm combines economy with ECF-MR50,ECF-APD-MRO,ECF-MRI,ECF-APD- ETL/cETL listed to the UL 1598 standard,suitable for performance in an LED area luminaire.Capable of MRI luminaires may be specified for additional energy Wet Locations.Suitable for use in ambients from-30' delivering up to 20,000 lumens or more in a compact, savings during unoccupied periods.See pages 4-6 for to 40"C(-22°to 104°F).The quality systems of this low profile LED luminaire,EcoForm offers a new level complete details. facility have been registered by UL to the ISO 9001 of customer value.Integral control systems including series standards.All EcoForm luminaires equipped with motion response are available for further energy LED Thermal Management NW and CW are Design Lights Consortium®qualified. savings during off peak hours. The housing design allows the one piece housing to provide excellent thermal management critical to long Finish Housing LED system life. Each standard color luminaire receives a fade and One piece die cast aluminum housing with integral arm abrasion resistant,electrostatically applied,thermally and separate,self retained hinged,one piece die cast Optical Systems cured,triglycidal isocyanurate(TGIC)textured door frame. Type 2,3,4,and 5 distributions available.Internal polyester powdercoat finish.Standard colors include Shield option mounts to LED optics and is available bronze(BRP),black(BLP),white(WP),and natural IP Rating with Type 2,3,and 4 distributions to control backlight. aluminum(NP).Consult factory for specs on optional LED light engine rated IP66. or custom colors. Mounting Warranty Vibration Resistance Standard luminaire arm mounts to 4"round poles. EcoForm with Standard Arm carries a 3G vibration Square pole adapter included with every luminaire. EcoForm luminaires feature a 5 year limited warranty. rating that conforms to standards set forth by ANSI Round Pole Adapter(RPA)required for 3-3.9"poles. Philips Gar LED luminaires with LED arrays feature C136.31.Testing includes vibration to 3G acceleration a 5 year limited warranty covering the LED arrays.LED Retrofit Arm Mount Drivers also carry a 5 year limited warranty.Motion in three axes,all performed on the same luminaire. sensors are covered by warranty for 5 years by the EcoForm features an innovative retrofit arm kit.When motion sensor manufacturer. Electrical specified with the retrofit arm(RAM)option,EcoForm Driver efficiency(>90%standard).120-480V available seamlessly simplifies site conversions to LED by (restrictions apply).Open/short circuit protection. eliminating the need for additional pole drilling on most Optional 0-10V dimming to 10%power.RoHS existing poles.RAM will be boxed separately. compliant.Surge protector standard.10KA per ANSI/ IEEE C62.41.2. T LED Board and Array 2.375"32,48,or 64 LEDs.Color temperatures:3000K, 6.03 cm 4000K,5700K+/-250K.Minimum CRI of 70. *} - Aluminum metal clad board.RoHS compliant. f Q 5,1875" 13.18 cm Energy Saving Benefits System efficacy up to 95 Ims/W with significant energy savings over Pulse Start Metal Halide luminaires. Optional control options provide added energy savings during unoccupied periods. LED Performance: PREDICTED LUMEN DEPRECIATION DATA" Ambient Driver mA Calculated L70 L, per TM-2114•ts Lumen Maintenance% Temperature°C Hoursl3.11 0 @ 60,000 hours Up to 40°C Up to 1050 mA >350,000 Hours >60,000 Hours 97% 13. Predicted performance derived from LED manufacturer's data and engineering design estimates,based on IESNA LM-80 methodology. Actual experience may vary due to field application conditions. 14. L,is the predicted time when LED performance depreciates to 70%of initial lumen output. 15.Calculated per IESNA T1121-11.Published Lro hours limited to 6 times actual LED test hours. • ©2013 Koninklijke Philips N.V.(Royal Philips). All rights reserved. Specifications are subject to change without notice. www.philips.com/luminaires G200-047 08/13 page 6 of 6 PHASE 4 1 PHASE 1 A� Architecture . . . . . ? SPACES - " - . . . - C­MT S47 IS 1 ��> STORIVIWATER` \ � Dj4]- _ - I- I p RETENTION BASIN/ - - - n s°' 1oo J. q" ~��` .` o .� L�MINQ -SNOW STORAGE . . . nn 22 SPAC S � THs Nawinq I$not lme dedm Shall it be ELA ��m RpPFR used fa maWtlon Pp Poses wlesste signed protessiaW sump of a re*lved architM employed by Canme-0 �NF PHASE 1 PHASE 3 A Nietum,Inc.isaffixedabove. i ? S5 S5 .. CprvaYlT— nil I I I I ❑ i B'SW ALE -el ALE' - BIO.NACE S5 Spqc,..... �/ HEfI/�,yc �(1 �. VV ��' STAH LY 9ffOff,0 W S5 iN ` .. 22 SPACES 22 SPACES 20 SPACES 8 SPACES O \�� Spq DESIGN. BL D 107 E.o � S5. 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Z ' o 0 0' c c o 0 0 0 0 0 ,o' o '�-G'�...��a _ _-•s _ _ _- — _ 1n - o 0 0 0 0 o -- 0 o m o N a PROJECT 4: 1"4.1 d 8 s Cannery District-Site Planning ° CL t12 R F rn ag �, �� I.A a FinaIPUD Q m �o � '� U.z " F �� C:y V iN y Submittal Oak Street,Bozeman Montana m o sM M. o W U �g N z � r �� A` �^ DATE:211/2016 Cannery District Partners -,in e q S C1B 1 C NG 1 1-. � Ii PHASE 1j i PHASE 3 � - " % OArchitecture IF � I S , in,mm NI(- 7M&.*V 1, hmMPd wdJGEe 7` ._ efeia6e mOwd by ConPGo \ S \` MNMGVP.Pc6eRaJ PePye S3 i � �y6\HEfyjy� STAHLY FSS5 C \., -DESIGN. andscapearchilecturE -i 27 SPACES Linda Iverson ' \ 1 i S;� \ londscope design F PA _ j $-�)l 19 SPACES `i DS1 'DS1 DS1 F LANE DS1 S3 I A m � p d c r 10 SPACES Rcc ASM RASH I 11 SPACES LUcc o t c ism Q °� PARKING PLAN S3 c 1 1• S3 S3 21 SPACES RASH / V o V BLDG M j- 231 E. OAK S5 �.. BLDG L I - a� 221 E. 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OAK P�]]%%� 0. 0. ,.21 52S1rY1V.��D2 ,. •1'•; 0. O c _ - --*OS 1 't.2 '1.2 't2 't2 t.l PHASE 4 SITE LIGHTING CALC6 0. 0.0 OD U\: PAS •13 �2., •2., C D S t ENGINEERING 0.0 0.0 U. 0.0 0.0 �0. .2 '0. t.9 3.0 y '6:5 '6^5 5.1 7 ', f3. a. 'SA c..uw.neaneun.,wu.n ES4.Z 11 �r Isro GxuueNl Go M4x Mxl(sir,rl 5r111 r.1 uaH Ie7 feu 0.0 0.0 0. �.0 O.t� 0.2 =,+@ ��D- � '2.4 '2.3 '6.: rxr GOSR rGiq fnxc Ccr LIGHT FIXTURE SCHEDULE N ' • TYPE (XX) CATALOG NUMBER: LAMP: MOUNTING: BALLAST/DRIVER: VOLT: WATT: DESCRIPTION: TYPE (DS1) HEAD(S)—GARDCO: ECF 2 5 55LA 3253 NW UNV BLP LED 18' SQUARE LED DRIVER 120 104 LED SITE LIGHT FIXTURE, WITH TWO TYPE 5 DISTRIBUTION LIGHT FIXTURES POLE—HAPCO: SSS1884-4—BLP 4000K STRAIGHT STEEL INSTALLED AT 180 DEGREES MOUNTED ON A 18'-0" POLE. PROVIDE LIGHT • OR PRIOR APPROVED EOUAL(S) POLE 277 POLE BASE PER DETAIL #1/E5.1. Architecture TYPE (DS2) HEAD 1—GARDCO: ECF 1 5 55LA 3253 NW UNV BLP LED 14' SQUARE LED DRIVER 120 104 LED SITE LIGHT FIXTURE. WITH A 55LA TYPE 5 DISTRIBUTION FACING THE HEAD 2—GARDCO: ECF 1 2 55LA 3253 NW UNV BLP 4000K STEEL LIGHT — PARKING LOT AND A 55LA TYPE 2 DISTRIBUTION FACING THE TRAIL MOUNTED POLE—HAPCO: SSS14B4-4—BLP POLE 277 ON A 14'-0" POLE. PROVIDE LIGHT POLE BASE PER DETAIL #2/E5.1. OR PRIOR APPROVED EOUAL(S) TYPE (DS3) HEAD 1—GARDCO: ECF 1 5 75LA 4853 NW UNV BLP LED 14' SQUARE LED DRIVER 120 121 LED SITE LIGHT FIXTURE. WITH A 75LA TYPE 5 DISTRIBUTION FACING THE HEAD 2—GARDCO: ECF 1 2 55LA 3253 NW UNV BLP 4000K STEEL LIGHT — PARKING LOT AND A 55LA TYPE 2 DISTRIBUTION FACING THE TRAIL MOUNTED ,q 'POLE—HAPCO: SSS14B4-4—BLP POLE 277 ON A 14'-0" POLE. PROVIDE LIGHT POLE BASE PER DETAIL #2/E5.1. OR PRIOR APPROVED EOUAL(S) •L�IIAINQ_ TYPE (DS4) HEAD(S)—GARDCO: ECF 2 5 100LA 6453 NW UNV BLP LED 18' SQUARE LED DRIVER 120 206 LED SITE LIGHT FIXTURE. WITH TWO TYPE 5 DISTRIBUTION LIGHT FIXTURES P. 2 POLE—HAPCO: SSS18B4-4—BLP 4000K STRAIGHT STEEL — INSTALLED AT 180 DEGREES. MOUNTED ON AN 18'-0" POLE. PROVIDE LIGHT RD OR PRIOR APPROVED EOUAL(S) POLE 277 POLE BASE PER DETAIL #1/E5.1. TYPE (S3) HEAD—GARDCO: ECF 1 3 55LA 3253 NW UNV BLP LED 18' SQUARE LED DRIVER 120 52 LED SITE LIGHT FIXTURE, WITH A TYPE 3 DISTRIBUTION ON A 18'-0' SQUARE „A, POLE—HAPCO: SSS18B4-4—BLP 4000K STRAIGHT STEEL — STEEL POLE. PROVIDE LIGHT POLE BASE PER DETAIL 81/E5.1. OR PRIOR APPROVED EQUAL(S) POLE 277 TlNs drawing is nm intended nor shall it be used TYPE (S5) HEAD—GARDCO: ECF 1 5 55LA 3253 NW UNV BLP LED 18' SQUARE LED DRIVER 120 52 LED SITE LIGHT FIXTURE, WITH A TYPE 5 DISTRIBUTION ON A 18'-0"SQUARE stamp o off signed ydessiorrolesWpiW s a.lao a miens the a registered POLE—HAPCO: SSS18B4-4—BLP 4000K STRAIGHT STEEL — STEEL POLE. PROVIDE LIGHT POLE BASE PER DETAIL #1/E5.1. arddtect employed by CommsO OR PRIOR APPROVED EOUAL(S) POLE 277 Ar tetum,Inc is affixed above. CoxsulTu ���\HEE9/yC STAHLY ' �9fsOfIN'f�S�`. POLE WITH LUMINAIRE TO POLE WITH LUMINAIRE TO WITHSTAND 100 MPH WIND. WITHSTAND 100 MPH WIND. POLE DESIGN. LEVELING NUTS POLE LEVELING NUTS 1" DW. X 40" LONG ANCHOR BOLTS (4). 3/4" DIA. X 40" LONG ANCHOR BOLTS (a). andscape architecturE Q COORDINATE WITH MANUFACTURER'S REQUIREMENTS. O COORDINATE WITH MANUFACTURER'S REQUIREMENTS. GROUT AS REO'D, GROUT AS REO'D. 3/4" CHAMFER 3/4" CHAMFER Linda Iverson CONCRETE BASE CONCRETE BASE GROUT FOR SMOOTH GROUT FOR SMOOTH` I landscape design FINISH A=30" \ t j j FINISH ' A=6" #4 REBAR — 8 EA. I 1 "A B=72" #4 REBAR — B EA. i i "A" B=72" C=18" W/ #3 TIES — 12: O.C. C=24" W/ b3 TIES — 12: O.C. 1 I I ROUND ROUND 1 — 1 I I I I I SCHED. 40 PVC SCHED. 40 PVC MIN. 30" BURY ,.B" MIN. 30" BURY I i •'8" C_ j I I C C 46 I C d ++ C O ..C.. ` tl C 61 cc ` C 1� PARKING LOT LIGHT POLE BASE DETAIL 2�PEDESTRIAN TRAIL LIGHT POLE BASE DETAIL m E5.1 NO SCALE E5.1 NO SCALE — rn a) G d � Z C � � C c U O v ELECTRICAL LEGEND (NOT ALL SYMBOLS ARE USED ON THIS PROJECT) FF--�-1_�J�--�1 DOUBLE FIXTURE LIGHT POLE WITH �p SINGLE LIGHT POLE WITH BASE LT-"1_I BASE I ABBREVIATIONS d AC ABOVE COUNTER (E) EXISTING TO REMAIN LTS UGHTS (R) REMOVE AND RELOCATE ADA AMERICANS W DISABILITIES EF EXHAUST FAN cc � / MECH MECHANICAL RCPT RECEPTACLE(S) a ACT COMPLIANT EQUIPMENT ELECT ELECTRICAL MC.M.C. MECHANICAL CONTRACTOR SCH SCHEDULE AD ACCESS DOOR EPO EMERGENCY POWER OFF MDB MAIN DISTRIBUTION BOARD SF SQUARE FOOT r AFT ABOVE FINISHED FLOOR EWC ELECTRIC WATER COOLER MOP MAIN DISTR BUT ION PANEL TC TEMPERATURE CONTROLS CONTRACTOR a LL N AHU AIR HANDLING UNIT FCO FLOOR CLEANOUT MFR MANUFACTURER TGB TELECOMMUNICATIONS GROUND BAR BKR.CB CIRCUIT BREAKER FCU FAN COIL UNIT MLO MAIN LUGS ONLY TTS TELECOMMUNICATIONS TERMINAL BOARD CLNG CEILING FD FLOOR DRAIN (N) NEW TYP TYPICAL CONT CONTINUATION FD FIRE DAMPER NEC NATIONAL ELECTRICAL CODE UH UNIT HEATER DOC DIRECT DIGITAL CONTROL FD/SD FIRE/SMOKE DAMPER NL NIGHT LIGHT UNO UNLESS NOTED OTHERWISE I t O OF DRINKING FOUNTAIN FE FIRE EXTINGUISHER NO NUMBER W WALL—MOUNTED DEVICE ,mi4 DISC DISCONNECT SWITCH FS FLOOR SINK OD.0.0. OUTSIDE DIAMETER WC WIRE GUARD E.C.,EC ELECTRICAL CONTRACTOR GFCI,GFI GROUND FAULT CIRCUIT INTERRUPTER PB PULL BOX WP WEATHERPROOF—IN—USE F ]0 S DETAILS 8 SCHEDULES GND GROUND PMR PER MFR'S RECOMMENDATIONS WR WEATHER—RESISTANT HO H.O. HIGH OUTPUT POS• POINT OF SALE(CASH REGISTER) (X) EXISTING TO BE REMOVED IG INSULATED GROUND ENGINEERING I1/0[NN)CNIII lD, nixN11 T[tl,nl 1[111 new CaflF tl[Itl11sIxL CDn e�N I demu4 pMWwO511E:tT.).' • � 07 E Mq � Attachment 5 Comprehensive Sign CANNERY plan D I S T R I C T �i p N T A N P Cannery District Planned Unit Development Design Guidelines Cannery District Partners, llc • r �y Comprehensive Sign Plan OZ�EMq 0. ti The following Comprehensive Sign Plan CANNERY drawings indicate the size and location of buildings and the size and location of existing D I S T R I C T and proposed signs to the extent possible given I I i the current extent of building design. Permitted sign areas are given for all existing and proposed A,o N T A N P buildings. Proposed sign locations are given for existing building in the Cannery District PUD. The coordination of graphics and signs with building design is described in and governed by the Cannery District Design Guidelines. Because, upon build-out,the existing Northside PUD and the proposed Cannery PUD willfunction as a single development, the Comprehensive Sign Plan includes both developments. The intent is that the graphics and signs, including wayfinding signage in both developments is coordinated. II Comma-Q Architecture The Cannery District-Final PUD Application Cannery District Partners Page 120 8-2 MAXIMUM ALLOWED SIGNAGE BY L07:400 SF PER LOT FRONTAGE FRONTAGE OAK s7: 136 F R x1 Sx3»11, .5) 241.551 FRONTAGE ROUSE AVE: 50 (25x3.25x,.5) 112.5a1 TOTAL 354e BUILDING B t_ �; (' I� Architecture FRONTAGE ROUSE: 86 (25x3.59x,.5) 166.5 s1 I ((. I TOTAL 166.5d I ( �J'1 I^I I a I BUILDING C 4 r FRONTAGE OAK ST WEST: 48 (15x3.T3x15) 109.Sa1 '-- _ FRONTAGE OAK ST SOUTH:76 115x3.51x,.1) 15,.Sal TOTAL I. BUILDING D SIGNAGE AREA PER PUD UMT 200sf r' . 1 1 sI� � L •M (, >n` ! ti / , BUILDING SIGNAGE AREA PER PUD UNIT 300d --' - - -F �__I•I __ BUILOINGF LA SIGNAGEAREAPERP UN17 260d ',Jll, S 't �* �.1 BUILDING C, SIGNAGE AREA PER PIA UMT 30011 BUILDING 0 SIGNAGEG H AREA PER PUD UM7 64.1 ~~/ - —. — — — .n I ---r— _ '- 1J�'x' ) {�' .�, ~•�.1_f/'/% •`' The d,eningonot nlm, �aAaA it be BUILDING) iced br as hdon w1m Ne FRONTAGE OAK: ,70 (25x3•,44x,.5 29s1 i-=?. B ILDING H ' _ ` _ _ 'n' r'1_ aig,ed pokaecnd starry d 0 bred TOTAL 291d e erditwt arrplo*by Cann 0 BUILDINGK l �� 1 •- ' �: ` , .__ 1 ` ^��•� l/r fthbla%I.. ed ebw I `` +y- fRONTACE OAK ST: 158 TOTAL 3xi.5) 27a.5sf c TOTAL ZTlSa tr`.+}'t-`7„"-"'�.t�'s.�' _ .. \. BUILDINGL -� 1 � .. ��, - _ ./r/��- t t i .� ,_y.i _. _ _ lw. _ r/ �� SIGNAGE AREA PER PIA L1M7 2fiL41 � �`�T4 ,_•-�� if7T \ -// / �BUILOINGM 1SIGNAGE AREA PER PUD UMT 200d I ' 1 — t - + >• I \ BUILDING ,-.I' BUILDING G _ �~ •� °'G :� STAH:LY FRONTAGE OAK S7: % TOiu,xts) tet.sxt )� tt I •' � e '� - -,`-. ',.._; - .�- . » -r-�._�.-. \�. -TaD ��;; BUILDING SIGNAGE AREA PER PIA UM7 20Ikf i I O0 iENAN SPACE BUILDING L `y f�• �� BUIL ING F B ILDING E �' I ��' _ ;; _DESIGNS r landscape architecture BUILDING N - ''� � I / -- _�, �- t I _ BUILDING M : .t, ,` � �•,. TENANTS PACE k'^ y TENANTSPACE {�'.}-1 j---:• r 1 8 „ F. 2 E.L.IE .. T !{`^ /� '� I R aaM"`� i., i t " T-, TTli'+"�'t� +,) + . _ 1 ._t ,.. r c BUILDING D ca ki _ r • rY,\ BUILDING K _� d cc N ED 61 BUILDING J j ii N o 0 Building Signage Plan „�\A BUILDING A !' �Lgn Plan-Building Signage _ +*d T-_1 �L I A-s.1 13s-T # , , orac,nu ouwv+cs�x.a _ A WINDOW SIGN UNIT ti e 8 B 8 e 8 B 8 • WALL SIGN .11 * � UNLIT A.,: ® [EM_- .peDOW SIGN E[] ® ® ® ® ® [E ® EllArchitecture UNLIT B B B 20 st SIGN ® ® ® ® 1 ® ® ® ® 8 B LO0 'I}'tl Its ® - t_v_R, UNLITS-0 IFE-3U ' IF6-0t , - tle" uxxEm xo ® ® �;e ezj M EE WALL SIGN (E)WALL SIGN (E)WALLSIGN (E)WALL SIGN WALL SIGN BUILDINGID SIGN WALL SIGN WALL SIGN 22,511 11.1 691 10.f. 22.5 s1 1st 32.f 22.50f EXTERNALLY LIT (E)WALL SIGN aRNALLYUT INTERNALLYLIT EXTERNALLY LIT EXTERNALLY LIT 6.5 sf BLADE SIGN BLADESIGN Buildings E&F-Cannery Building-South 4.f 40 Building E-Cannery Building -East Building E-Cannery Building-North 1 Elevation Signs UNLIT Elevation Signs 12 Elevation Signs The ding arotb.W dad rv.dl a 11, 1/16"=1'-0" 2 - signed le—hone Vcl a regilmred -hitecl wployed by CanneO AmhiteWre,Inc.a afted ebve. ca+su*uns ❑ -- ❑ ° ❑ ❑ ❑ ----- -y - 8 ® 0 R ® ® � ���1HEEyjyc SST. STAHLY -— - - B E_. 00 ��►�pCfATES WALL SIGN BLADE SIGN WALL SIGN WALL SIGN 24.L EXTERNALLY LIT 4 of.EXTERNALLY LIT 561I 42.f EXTERNALLYLIT INTERNALLYLIT Building F-Cannery Complex-North Building F-Cannery Complex-West Elevation Signs Elevation 1-0" DESIGNS PROPOSED SIGNS 11 1/1s"=1'-0' 3 THE FOLLOWING DESCRIBES SIGNS ALLOWED BY BUILDING AND WHERE POSSIBLE,BY TENANT landscape architecture SPACE.SIGN QUANTITIES,LOCATIONS AND TYPES ARE SUBJECT TO CHANGE AND TENANT SPACE SIGN ALLOCATIONS ARE SUBJECT TO CHANGE.ANY ADJUSTMENT TO SIGN QUANTITIES WILL NOT RESULT IN SIGNS IN EXCESS OF THE TOTAL AMOUNT ALLOWED PER BUILDING. • BUILDING'E'(300sf allowed): BUILDING F(260sf allowed): - TENANT SPACE LA TENANT SPACE F•1: TOTAL SIGNAGE ALLOWED:160sf TOTAL SIGNAGE ALLOWED:60 sf ° o o ® 0 0 0 0 ® ® o 0 0 'w 0 ® o SIGNS PROPOSED: SIGNS PROPOSED: r-------------------- WALLSIGNSOUTH:32sf EXISTING WALL SIGN: i______________ ____� ° ° ° ° ° ° ° ° f WALL SIGN EAST:22.5 sf WALL SIGN NORTH:24 sf ® ®®®®®®® --- •� TOTAL SIGNS PROPOSED:54.5 sf TOTAL SIGNS PROPOSED:44 sf TENANT SPACE LAW TENANT SPACE F-2a&b: — — TOTAL SIGNAGE ALLOWED:40sf TOTAL SIGNAGE ALLOWED:60 sf WALL SIGN TENANT ROSTER a SIGNS PROPOSED: SIGNS PROPOSED: 120 EXTERNALLYIIr 56611 SIGN T WALL SIGN:22.5 sf EXISTING WALL SIGNS:23.5 sf EXTERNALLY LIT UU-UN TOTAL SIGNS PROPOSED:22.5 sf TOTAL SIGNS PROPOSED:23.5 sf V) Building G-Canning Warehouse-West Building G-Canning Warehouse-South c y Signs Elevation Si ns TENANT SPACE L.2E TENANT SPACE F•3 4 Elevation Si 5 ++ TOTAL SIGNAGE ALLOWED:30sf TOTAL SIGNAGE ALLOWED:60 sf 1/16"=1'-0" 1/16"=1'-0" V M SIGNS PROPOSED: SIGNS PROPOSED: -, a WALL SIGN:20 sf WALL SICK!WEST:56 sf y V TOTAL SIGNS PROPOSED:20 sf BLADE SIGN SOUTH:4 sf a2 C TOTAL SIGNS PROPOSED:60 sf a H TENANT SPACE L.2W a DD p TOTAL SIGNAGE ALLOWED:30sf TENANT SPACE F-4a —u SIGNS PROPOSED: TOTAL SIGNAGE ALLOWED:30 sf WINDOW SIGN:20 sf SIGNS PROPOSED: TOTAL SIGNS PROPOSED:20 sf WALL SIGN:22.5 sf f-� O B 8 �` r� `+ TOTAL SIGNS PROPOSED:22.5 sf ; M CC TENANT SPACE L.3 ADDRESS 0 O U TOTAL SIGNAGE ALLOWED:30sf TENANT SPACE F-4b&c ±ML� — SIGNS PROPOSED: TOTAL SIGNAGE ALLOWED:50 sf WALL SIGN TENANT ROSTER WALL SIGN WINDOW SIGN:20 sf SIGNS PROPOSED: 2TSF 16SF 2Dsr TOTAL SIGNS PROPOSED:20 sf WALL SIGN:22.5 sf EXTERNALLY LIT uN LT EXTERNALLY LIT TOTAL SIGNS PROPOSED:22.5 sf TENANT SPACE LAG-Canning Warehouse-North Elevation Signs TOTAL SIGNAGE ALLOWED:3Dsf 6 1/16"=11-0" *= % SIGNS PROPOSED: BUILDING G 1300sf allowed): d e 0 WINDOW SIGN:20 sf TOTAL SIGNAGE ALLOWED:260 sf a TOTAL SIGNS PROPOSED:20 sf SIGNS PROPOSED: C w s WALL SIGN WEST:120 sf NEW NETAL ROOFING. LL U) o ee WALL SIGN SOUTH:72 sf TYPICAL ALL WALL SIGNS:56 sf ELEVATIONS TOTAL SIGNS PROPOSED:248 sfEl • BUILDING H 164sf allowed):TOTAL SIGNAGE ALLOWED:64 sf Sign Plan Elevations SIGNS PROPOSED: 19d SKdr �atmNSIG bm Sxa WALL SIGNS EAST:30sf EXTERNALLY LIT WALL SIGNS WEST:18sf }, EXTERNALLY LIT TOTAL SIGNS PROPOSED:48 sf A-S.2 Building H-Boiler House-North Elevation Building H-Boiler House-West Elevation Building H-Boiler House-South Elevation Building H-Boiler House-East ElevationSignsSigns 10Signs 7Signs � 1/16"=1'-0" 1116"=1'-0" 1/16"=1'-0" 1/16"=1'-0" owawuaue+reso>::r.r d u w, i I a^ _ ' •�� _� � \ i _tc�• �Architecturee IT.711 JJ( r k - U U � (4)4"COMM T Lq1 DUCTS BY OWNER 4- __. METER .BUILDING Zr(: -'�) '�"' BAtI[!n I :^T�1-t-�`.� �`-•`-IDENnFICAnoR _ r " •-=I 1 •B ILDING H _-- I `.`- _- �, ,- / ( BUILDING MOUNTED'^• IOU-- The d exng o no nlen0e0 no ehal it he k�,-�t. --�•.tom*. - - - BUILDING.• r�1.J - _ �� amhite;te p h Com-C, IDENTIFICATION. - _ •, Architetura,IrcaHned above. -- T-a-F-- •�.: 1 1 \ BUILDING MOUNTED f I `/ --•.� mr.0 Tu 4 LA .a:t-�'yG B BUILDING ID _ �' BUILDING MOUNTED--,•. %�; BUILDING I t - ; r I -;`'Q +I IT p •,�'•' •�`T u�r•;' I IDENTIFICATION Qp STAHLY &11LDINGMWNTED .y,_ ,, c'_ l _. .. / l '�i i�; > , �, ' ��•Eldl { •_. -p TENANTSPACE •\ :! - I METER A i �'•`�,• \, 1 PJ } BUILDING L I L : } BUILDING F BUILDING E "` BANK �`•,; r DESIGN.5 - -� T - - tY � Yi � t •� — PEoesTra` �� .l�r r�� ��t\"`+,3�'" BUILDING N I - — a aq ( UTIL Y i'�; BUILDING M TENANT SPACE N-' TENANT SPACE �_. I LL-� `'oll�cnoxu- r D .. - landscape ar'chiteCture F-1 ui; EUtE PEDESTRIAN �COIPEDESTPoAN ! I �r r �.. •� 9 P\. DIRECTIOxAL: I Hg1 ECTIONAL� BUILDING.. H.1. -+. ♦� - )- 'IDENTIFICAn.N 1'*, -.=-r- "t •-t i i''.�^BUILDING—NTED J- PEDESTRIAN ��\` `• DESTTBAN�n%4s ....1 r-» a. \J i.-« ' ' '�; f ',! r DIRECTIONAL TV f DIRECTIONAL`� - u�ILI I I ice" t\; - BUILDING MAP DS� BUILDING ID VEHICULAR DIRECTXINAL 'BUILDING IDJ(�IJTILITIES _\ _ IDENTIFICATION BUILDINGMOUNTED LIGHT POLE-1ED 'BUILDING MOUNTED VARIES CORRIDOR��F VEHICULAR - DIRECTIONAL ' BUILDING MOUNTED -!�-*-��'-'��t -LN2, ( 1i BUILDING D `C (HATCHED) 1 _� _ ;f�1..I 1\' •C BUILDING ID 7 ;' BUILDING B LDING MDUNTED4UTILITY �' t`�LOW PROFILE SIGN BUILDING ,,;� * , L I (!,!,( �r SLCC V CJ -'IDENTIFICATION fr+ � � LL�� \-JTYP)-r x``BUILDINGMOUNTED. BUILDING ID •r�.a{( _ 7.0' / �✓� .\ I I BUILDING MOUNTED 'A y ' 'JIG `\� \\.�� •J'r;�\ L-\ .�. LI-^J -rp'�: � �^T�_., 1 ` _ - � ` - � V/ C 1". a, c � � ��_ �� �� �J\•='� —�. ----TT{ \� \'T � (.�'+1* . --t ,^I �"�* � , �--1 L"� �1 � `fd � a ' L ; `f `.\ 4 ...7•v-;��. ' D /� 't`+'.^� VENIWIAR POLE SIGN N @ V / MET ER ^�' ; ! ICTIONAL_RE 1 / C \ - • _ _— PEDESTRIAN VEHICULAR Q N lBANK <,� DIRECTIONAL, DIRECTIONAL, y BUILDING ID BUILDING ID MAP DISPLAY / ` \ �� � ; L.� aREcnoNu MONUMENT BUILDING MOUNTED \.\ \UTILITY �r: 4 `I' �" /� cc Y co SLEEVESS/i j ME-BUILDING J �°ice � , , U o o � 'S N TJ� \ (T SIG S' BA ! I \�•\. �•�/ ,\\`fir � �„a+ `� _ POLE OR LIGHT POST POLE OR LIGHT \\ ` j `t`'\ !�.`• ' ;� 1!1 �IJ MOUNTED POST MOUNTED 'FE BUILDING C ((J!�J ` '���.a L" r-�•t,-�-,.�.,� ��.n# � it MAP 06PLAY • \,\ �\ I t BUILDING A 'I Site Signage Plan _ u VEHICULAR DIRECTIONAL PEDESTRIAN DIRECTIONAL �, ` \ -_ _ WLDIecID BUILDINGMOUNTED A-S.3 rl Wending Signs Sipn Plan-Wayfinding i•=sIr-0• - • 007- E Mq � Appendix 1 Certification of CANNERY Ownership D I S T R I C T Certificate) III M 0 N T A N P Cannery District Planned Unit Development Preliminary PUD Application Cannery District Partners, llc • • D v m a n. m n • • 0 Guarantee Face Page FirstAmerican Title" • ��� Cif ISSUED BY First American Title Insurance Company Guarantee GUARANTEE NUMBER 5010500-0008678e Subdivision or Proposed Subdivision Guarantee A M E R / C, ♦ '9 FirstAmerican Titk` First American Title Insurance Company For Reference: File#: G150273 /�-•-� � Loan#: ---------- Dennis J.Gilmore Issued BV: President Security Title Company of Montana 600 South 19th ue man 7 Jeffrey S.Robinson • Secretary This jacket was created electronically and consti tes an original document Form 5010500(7-1-14) Page 1 of 4 Guarantee Face Page -Exclusions,Conditions and Stipulations Guarantee#: 5010500-0008678eo 0 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in (a) Defects,liens,encumbrances,adverse claims or other • Schedule A of this Guarantee,the Company assumes no liability matters affecting the title to any property beyond the lines of for loss or damage by reason of the following: the land expressly described in the description set forth in (a) Defects,liens,encumbrances,adverse claims or other Schedule(A),(C)or in Part 2 of this-Guarantee,or title to matters against the title,whether or not shown by the public streets,roads,avenues,lanes,ways or waterways to which records. such land abuts,or the right to maintain therein vaults, (b) (1) Taxes or assessments of any taxing authority that levies tunnels,ramps or any structure or improvements;or any taxes or assessments on real property;or,(2) Proceedings rights or easements therein,unless such property,rights or by a public agency which may result in taxes or assessments, easements are expressly and specifically set forth in said or notices of such proceedings,whether or not the matters description. excluded under(1)or(2)are shown by the records of the (b) Defects,liens,encumbrances,adverse claims or other taxing authority or by the public records. matters,whether or not shown by the public records; (1) (c) (1) Unpatented mining claims;(2)reservations or exceptions which are created,suffered,assumed or agreed to by one or in patents or in Acts authorizing the issuance thereof;(3) more of the Assureds;(2)which result in no loss to the water rights,claims or title to water,whether or not the Assured;or(3)which do not result in the invalidity or potential matters excluded under(1),(2)or(3)are shown by the public invalidity of any judicial or non-judicial proceeding which is records, within the scope and purpose of the assurances provided. 2. Notwithstanding any specific assurances which are provided in (c) The identity of any party shown or referred to in Schedule A. Schedule A of this Guarantee,the Company assumes no liability (d) The validity,legal effect or priority of any matter shown or for loss or damage by reason of the following: referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; The following terms when used in the Guarantee mean: DUTY OF ASSURED CLAIMANT TO COOPERATE. (a) the"Assured": the party or parties named as the Assured in Even though the Company has no duty to defend or prosecute as this Guarantee,or on a supplemental writing executed by the set forth in Paragraph 3 above: Company. (a) The Company shall have the right,at its sole option and cost, (b) 'land": the land described or referred to in Schedule(A)(C)or to institute and prosecute any action or proceeding,interpose • in Part 2,and improvements affixed thereto which by law a defense,as limited in(b),or to do any other act which in its constitute real property. The term"land"does not include any opinion may be necessary or desirable to establish the title to property beyond the lines of the area described or referred to the estate or interest as stated herein,or to establish the lien in Schedule(A)(C)or in Part 2,nor any right,title,interest, rights of the Assured,or to prevent or reduce loss or damage estate or easement in abutting streets,roads,avenues, to the Assured. The Company may take any appropriate alleys,lanes,ways or waterways. action under the terms of this Guarantee,whether or not it (c) "mortgage": mortgage,deed of trust,trust deed,or other shall be liable hereunder,and shall not thereby concede security instrument. liability or waive any provision of this Guarantee. If the (d) "public records": records established under state statutes at Company shall exercise its rights under this paragraph,it Date of Guarantee for the purpose of imparting constructive shall do so diligently. notice of matters relating to real property to purchasers for (b) If the Company elects to exercise its options as stated in value and without knowledge. Paragraph 4(a)the Company shall have the right to select (e) "date": the effective date. counsel of its choice(subject to the right of such Assured to 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. object for reasonable cause)to represent the Assured and An Assured shall notify the Company promptly in writing in case shall not be liable for and will not pay the fees of any other knowledge shall come to an Assured hereunder of any claim of counsel,nor will the Company pay any fees,costs or title or interest which is adverse to the title to the estate or interest, expenses incurred by an Assured in the defense of those as stated herein,and which might cause loss or damage for which causes of action which allege matters not covered by this the Company may be liable by virtue of this Guarantee. If prompt Guarantee. notice shall not be given to the Company,then all liability of the (c) Whenever the Company shall have brought an action or Company shall terminate with regard to the matter or matters for interposed a defense as permitted by the provisions of this which prompt notice is required;provided,however,that failure to Guarantee,the Company may pursue any litigation to final notify the Company shall in no case prejudice the rights of any determination by a court of competent jurisdiction and Assured unless the Company shall be prejudiced by the failure expressly reserves the right,in its sole discretion,to appeal and then only to the extent of the prejudice. from an adverse judgment or order. 3. NO DUTY TO DEFEND OR PROSECUTE. (d) In all cases where this Guarantee permits the Company to The Company shall have no duty to defend or prosecute any prosecute or provide for the defense of any action or action or proceeding to which the Assured is a party, proceeding,an Assured shall secure to the Company the • notwithstanding the nature of any allegation in such action or right to so prosecute or provide for the defense of any action proceeding. or proceeding,and all appeals therein,and permit the Form 5010500(7-1-14) Page 2 of 4 Guarantee Face Page -Exclusions,Conditions and Stipulations Guarantee#: 5010500-0008678e CORNS AND STIPULATIONS(Continued) Company to use,at its option,the name of such Assured for costs,reasonable attomeys'fees and expenses incurred by • this purpose. Whenever requested by the Company,an the Assured claimant which were authorized by the Company Assured,at the Company's expense,shall give the Company up to the time of purchase. all reasonable aid in any action or proceeding,securing Such purchase,payment or tender of payment of the full evidence,obtaining witnesses,prosecuting or defending the amount of the Guarantee shall terminate all liability of the action or lawful act which in the opinion of the Company may Company hereunder. In the event after notice of claim has be necessary or desirable to establish the title to the estate or been given to the Company by the Assured the Company interest as stated herein,or to establish the lien rights of the offers to purchase said indebtedness,the owner of such Assured. If the Company is prejudiced by the failure of the indebtedness shall transfer and assign said indebtedness, Assured to furnish the required cooperation,the Company's together with any collateral security,to the Company upon obligations to the Assured under the Guarantee shall payment of the purchase price. terminate. Upon the exercise by the Company of the option provided for 5. PROOF OF LOSS OR DAMAGE. in Paragraph(a)the Company's obligation to the Assured In addition to and after the notices required under Section 2 of these under this Guarantee for the claimed loss or damage,other Conditions and Stipulations have been provided to the Company,a than to make the payment required in that paragraph,shall proof of loss or damage signed and sworn to by the Assured shall be terminate,including any obligation to continue the defense or furnished to the Company within ninety(90)days after the Assured prosecution of any litigation for which the Company has shall ascertain the facts giving rise to the loss or damage. The proof of exercised its options under Paragraph 4,and the Guarantee loss or damage shall describe the matters covered by this Guarantee shall be surrendered to the Company for cancellation. which constitute the basis of loss or damage and shall state,to the (b) To Pay or Otherwise Settle With Parties Other Than the extent possible,the basis of calculating the amount of the loss or Assured or With the Assured Claimant. damage.If the Company is prejudiced by the failure of the Assured to To pay or otherwise settle with other parties for or in the provide the required proof of loss or damage,the Company's obligation name of an Assured claimant any claim assured against to such assured under the Guarantee shall terminate.In addition,the under this Guarantee,together with any costs,attorneys'fees Assured may reasonably be required to submit to examination under and expenses incurred by the Assured claimant which were oath by any authorized representative of the Company and shall authorized by the Company up to the time of payment and produce for examination,inspection and copying,at such reasonable which the Company is obligated to pay. times and places as may be designated by any authorized Upon the exercise by the Company of the option provided for representative of the Company,all records,books,ledgers,checks, in Paragraph(b)the Company's obligation to the Assured correspondence and memoranda,whether bearing a date before or under this Guarantee for the claimed loss or damage,other. • after Date of Guarantee,which reasonably pertain to the loss or than to make the payment required in that paragraph,shall damage. Further,if requested by any authorized representative of the terminate,including any obligation to continue the defense or Company,the Assured shall grant its permission,in writing,for any prosection of any litigation for which the Company has authorized representative of the Company to examine,inspect and exercised its options under Paragraph 4. copy all records,books,ledgers,checks,correspondence and 7. DETERMINATION AND EXTENT OF LIABILITY. memoranda in the custody or control of a third party,which reasonably This Guarantee is a contract of Indemnity against actual monetary pertain to the loss or damage. All information designated as loss or damage sustained or incurred by the Assured claimant confidential by the Assured provided to the Company pursuant to this who has suffered loss or damage by reason of reliance upon the Section shall not be disclosed to others unless,in the reasonable assurances set forth in this Guarantee and only to the extent judgment of the Company,it is necessary in the administration of the herein described,and subject to the Exclusions From Coverage claim. Failure of the Assured to submit for examination under oath, of This Guarantee. produce other reasonably requested information or grant permission to The liability of the Company under this Guarantee to the Assured secure reasonably necessary information from third parties as required shall not exceed the least of: in the above paragraph,unless prohibited by law or governmental (a) the amount of liability stated in Schedule A or in Part 2; regulation,shall terminate any liability of the Company under this (b) the amount of the unpaid principal indebtedness secured by Guarantee to the Assured for that claim. the mortgage of an Assured mortgagee,as limited or 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; provided under Section 6 of these Conditions and Stipulations TERMINATION OF LIABILITY. or as reduced under Section 9 of these Conditions and In case of a claim under this Guarantee,the Company shall have Stipulations,at the time the loss or damage assured against the following additional options: by this Guarantee occurs,together with interest thereon;or (a) To Pay or Tender Payment of the Amount of Liability or to (c) the difference between the value of the estate or interest Purchase the Indebtedness. covered hereby as stated herein and the value of the estate The Company shall have the option to pay or settle or or interest subject to any defect,lien or encumbrance compromise for or in the name of the Assured any claim assured against by this Guarantee. which could result in loss to the Assured within the coverage 8. LIMITATION OF LIABILITY. of this Guarantee,or to pay the full amount of this Guarantee (a) If the Company establishes the title,or removes the alleged or,if this Guarantee is issued for the benefit of a holder of a defect,lien or encumbrance,or cures any other matter assured mortgage or a lienholder,the Company shall have the option against by this Guarantee in a reasonably diligent manner by any to purchase the indebtedness secured by said mortgage or method,including litigation and the completion of any appeals said lien for the amount owing thereon,together with any therefrom,it shall have fully performed its obligations with respect Form 5010500(7-1-14) Page 3 of 4 Guarantee Face Page -Exclusions,Conditions and Stipulations Guarantee# : 5010500-0008678e16 CATIONS AND STIPULATIONS(Continued) to that matter and shall not be liable for any loss or damage Arbitrable matters may include,but are not limited to,any caused thereby, controversy or claim between the Company and the Assured • (b) In the event of any litigation by the Company or with the arising out of or relating to this Guarantee,any service of the Company's consent,the Company shall have no liability for Company in connection with its issuance or the breach of a loss or damage until there has been a final determination by a Guarantee provision or other obligation. All arbitrable matters court of competent jurisdiction,and disposition of all appeals when the Amount of Liability is$1,000,000 or less shall be therefrom,adverse to the title,as stated herein. arbitrated at the option of either the Company or the Assured. All (c) The Company shall not be liable for loss or damage to any arbitrable matters when the amount of liability is in excess of Assured for liability voluntarily assumed by the Assured in $1,000,000 shall be arbitrated only when agreed to by both the settling any claim or suit without the prior written consent of Company and the Assured. The Rules in effect at Date of the Company. Guarantee shall be binding upon the parties. The award may 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. include attorneys'fees only if the laws of the state in which the All payments under this Guarantee,except payments made for land is located permits a court to award attomeys'fees to a costs,attorneys'fees and expenses pursuant to Paragraph 4 shall prevailing party. Judgment upon the award rendered by the reduce the amount of liability pro tanto. Arbitrator(s)may be entered in any court having jurisdiction 10. PAYMENT OF LOSS, thereof. (a) No payment shall be made without producing this Guarantee The law of the situs of the land shall apply to an arbitration under for endorsement of the payment unless the Guarantee has the Title Insurance Arbitration Rules. been lost or destroyed,in which case proof of loss or A copy of the Rules may be obtained from the Company upon destruction shall be furnished to the satisfaction of the request. Company. 13. LIABILITY LIMITED TO THIS GUARANTEE;GUARANTEE (b) When liability and the extent of loss or damage has been ENTIRE CONTRACT. definitely fixed in accordance with these Conditions and (a) This Guarantee together with all endorsements,if any, Stipulations,the loss or damage shall be payable within thirty attached hereto by the Company is the entire Guarantee and (30)days thereafter. contract between the Assured and the Company. In 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. interpreting rp g any provision of this Guarantee,this Guarantee Whenever the Company shall have settled and paid a claim under shall be construed as a whole. this Guarantee,all right of subrogation shall vest in the Company (b) Any claim of loss or damage,whether or not based on unaffected by any act of the Assured claimant. negligence,or any action asserting such claim,shall be The Company shall be subrogated to and be entitled to all rights restricted to this Guarantee. and remedies which the Assured would have had against any (c) No amendment of or endorsement to this Guarantee can be • person or property in respect to the claim had this Guarantee not made except by a writing endorsed hereon or attached hereto been issued. If requested by the Company,the Assured shall signed by either the President,a Vice President,the transfer to the Company all rights and remedies against any Secretary,an Assistant Secretary,or validating officer or person or property necessary in order to perfect this right of authorized signatory of the Company. subrogation. The Assured shall permit the Company to sue, 14. NOTICES,WHERE SENT. compromise or settle in the name of the Assured and to use the All notices required to be given the Company and any statement in name of the Assured in any transaction or litigation involving these writing required to be furnished the Company shall include the number rights or remedies. of this Guarantee and shall be addressed to the Company at First If a payment on account of a claim does not fully cover the loss of American Title Insurance Company,Attn:Claims National Intake the Assured the Company shall be subrogated to all rights and Center,1 First American Way,Santa Ana,California 92707. Phone: remedies of the Assured after the Assured shall have recovered its 888-632-1642. principal,interest,and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law,either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. • Form 5010500(7-1-14) Page 4 of 4 Guarantee Face Page -Exclusions,Conditions and Stipulations Form 1282 CLTA Guarantee Face Page • GUARANTEE ORDER NO. G150273 FEE: $125.00 First American Title Insurance Company a corporation, herein called the Company GUARANTEES Cannery District Partners,LLC City of Bozeman the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the • assurances set forth in Schedule A. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN, Dated: 1/28/2016 at 7:30 a.m. First American Title Insurance Company AUTH SIG ATOR P1-111 GUARANTEE • FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: GUARANTEE NO.: 5010500-0008678e Cannery District SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY,AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY,A CORPORATION HEREIN CALLED THE COMPANY, GUARANTEES: FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH GALLATIN COUNTY SUBDIVISION REGULATIONS, In a sum not exceeding$5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached Exhibit A. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Gallatin County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets,roads, avenues, and other easements offered for dedication by said Plat are: Cannery District Partners,LLC (B) Parties holding liens or encumbrances on the title to said lands are: 1. General and special taxes and assessments for the year 2016 which are a lien but not yet* computed or payable. 2. General and special taxes and assessments for the year 2015. First installment shows paid in the amount of$914.05; second installment shows payable in the amount of$914.02. Parcel No. RGH54197. (Blk 2) 3. General and special taxes and assessments for the year 2015. First installment shows paid in the amount of$11,805.95; second installment shows payable in the amount of$11,799.34. Parcel No. RGH7350. (Trs 1,2 COS 2128B) 4. General and special taxes and assessments for the year 2015. First installment shows paid in the amount of$2,230.74; second installment shows payable in the amount of$2,224.12. Parcel No. RGH2131., (Tr 3A COS 2128B) 5. General and special taxes and assessments for the year 2015 First installment shows paid in the • amount of$1,839.59; second installment shows paid in the amount of$1,839.58. Parcel No. RGH57082. (COS 2548) P1-111 6. Special Assessments levied by the City of Bozeman for Arterial&Collector. The first installment for the year 2015/20165 shows paid in the amount of$50.95. Second installment shows payable in the amount of$50.95. (Block 2 Imes) • 7. Special Assessments levied by the City of Bozeman for Street Maintenance. The first installment for the year 2015/2016 shows paid in the amount of$336.37. Second installment shows payable in the amount of$336.37. (Block 2 Imes) 8. Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment for the year 2015/2016 shows paid in the amount of$40.30. Second installment shows payable in the amount of$40.30. (Block 2 Imes) 9. Special Assessments levied by the City of Bozeman for Arterial &Collector. The first installment for the year 2015/2016 shows paid in the amount of$113.83. Second installment shows payable in the amount of$113.83. (COS 2128B) 10. Special Assessments levied by the City of Bozeman for Street Maintenance. The first installment for the year 2015/2016 shows paid in the amount of$751.59. Second installment shows payable in the amount of$751.59. (COS 2128B) 11. Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment for the year 2015/2016 shows paid in the amount of$90.03. Second installment shows paid in the amount of$90.03. (COS 2128B) 12. DEED OF TRUST to secure an indebtedness and any other amounts and/or obligations secured thereby: . Dated: May 5, 2014 Grantor: Cannery District Partners LLC, as to Parcel I and RR Northside Property LLC as to Parcel II Trustee: Security Title Company Beneficiary: First Interstate Bank Amount: $1,758,623.50 Recorded: May 5, 2014, Document No. 2480225, records of Gallatin County, Montana. Modification of Deed of Trust recorded February 25, 2015, Document No. 2504781, records of Gallatin County, Montana. 13. DEED OF TRUST to secure an indebtedness and any other amounts and/or obligations secured thereby: Dated: February 20, 2015 Grantor: Cannery District Partners,LLC Trustee: Security Title Company Beneficiary: First Interstate Bank Amount: $6,446,781.00 Recorded: February 25, 2015,Document No. 2504782, records of Gallatin County, Montana. 14. Assignment of Rents between Cannery District Partners LLC and First Interstate Bank recorded February 25, 2015, Document No. 2504783,records of Gallatin County, Montana. • P1-111 • 0 15. DEED OF TRUST to secure an indebtedness and any other amounts and/or obligations secured thereby: Dated: December 30, 2015 • Grantor: Cannery District Partners, LLC Trustee: Security Title Company Beneficiary: First Interstate Bank Amount: $258,436.00 Recorded: December 31, 2015, Document No. 2534458, records of Gallatin County, Montana. 16. Notice of the Right to Claim a Lien to Cannery District Partners LLC by Peter Enterprises, Inc. dba, filed Manhattan Plumbing and Heating, Document No.2508769, records of Gallatin County,Montana. 17. Notice of the Right to Claim a Lien to Cannery District Partners, LLC by Kenyon-Noble Lumber Company, Inc.,filed May 18, 2015, Document No. 2511581,records of Gallatin County, Montana. 18. Notice of the Right to Claim a Lien to Cannery District Partners, LLC by Kenyon-Noble Lumber Company, Inc., filed May 18,2015,Document No. 2511582, records of Gallatin County, Montana. 19. Notice of the Right to Claim a Lien to Cannery District Partners, LLC by Kenyon-Noble Lumber Company, filed May, 18, 2015, Document No. 2511599, records of Gallatin County, Montana. (C) Easements, claims of easements and restriction agreements of record are: 1. Right of Way Easement to The Montana Power Company,recorded October 30, 1969 in Film 5, • Page 1103, records of Gallatin County, Montana. Deed conveying all existing easements from Northwestern Energy, L.L.C.,formerly known as The Montana Power, L.L.C., successor by merger to the remaining utility business of The Montana Power Company to Northwestern Corporation, recorded December 4, 2002, Document No. 2089795, records of Gallatin County,Montana. 2. Water Pipeline and Access Easement and Agreement granted to the City of Bozeman, a municipal corporation, recorded November 25, 1996 in Film 168, Page 3058,records of Gallatin County, Montana. 3. Electric Powerline Easement from Bozeman Pea Cannery Properties, LLC to Northwestern Energy, LLC, recorded November 19,2002, Document No. 2088056, records of Gallatin County, Montana. 4. Terms, conditions, restrictions and all other disclosures contained in the Easement Agreement by and between Bozeman Pea Cannery Properties, LLC,Montana Avenue Partners, LLC and RR Northside Property, LLC, recorded July 17, 2006, Document No. 2234802, records of Gallatin County, Montana. 5. Easement Deed by Court Order in Settlement of Landowner Action,recorded May 14,2012, Document No. 2415380, records of Gallatin County, Montana. 6. Terms, conditions, restrictions and all other disclosures contained in the Easement Agreement • between the Bozeman Pea Cannery Properties,LLC and Montana Avenue Partners, LLC, recorded July 17,2006, Document No. 2234802, records of Gallatin County, Montana. P1-111 7. Terms, conditions, restrictions and all other disclosures contained in the Easement Agreement between RR Northside Property, LLC and Montana Avenue Partners, LLC, recorded September 8, 2011, Document No. 2396526, records of Gallatin County, Montana. • 8. Terms, conditions, restrictions and all other disclosures contained in the Easement Deed by Court Order in Settlement of Landowner Action, recorded May 14, 2012, Document No. 2415380, records of Gallatin County, Montana. 9. Terms, conditions, restrictions and all other disclosures contained in the Sewer and Water Pipeline and Access Easement and Agreement between Cannery District Partners, LLC and the City of Bozeman, recorded March 27,2015, Document No. 2507158, records of Gallatin County, Montana. 10. Terms, conditions, restrictions and all other disclosures contained in the Commission Resolution No. 4322, Providing for the Creation of the Cannery Annexation District to Extend the Boundaries of said City of Bozeman so as to include said Contiguous Tract within the Corporation Limits thereof pursuant to the Provisions of the Annexation District Agreement for the Cannery District Property, recorded July 27,2015,Document No. 2518673, records of Gallatin County,Montana. 11. Terms, conditions,restrictions and all other disclosures contained in an Abstract of Lease between Cannery District Partners, LLC and Seven Restaurant, LLC, recorded December 16, 2015, Document No. 2533139, records of Gallatin County,Montana. First American Title Insurance Company AUTHORIZE SIGNATORY: Thomas A. Cahill • P1-111 EXHIBIT A PARCEL I: All of Block 2 of the Imes Addition to the City of Bozeman located north of Tract A of Certificate of Survey C-41-D and south of Oak Street established by Ordinance 575,Misc.Bk. 10 page 617 less any established"streets,right of ways and alleys. (Deed reference in Document No.2206846, records of Gallatin County,Montana) Tract 3A of Correction Certificate of Survey No.2128B,to the City of Bozeman, Gallatin County,Montana,according to the official survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. Parcel II: Tract 1,2 and 3 of Certificate of Survey No.2877,located in the Northwest One • Quarter of Section 6,Township 2 South,Range 6 East,P.M.M.,Gallatin County, Montana,according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana,EXCEPTING THEREFROM all that portion conveyed to the Montana Department of Transportation by Bargain and Sale Deed.recorded March 26,2015,Document No. 2507007,records of Gallatin County,Montana. • • 00 EM .1ti Appendix 2 Preliminary Survey CANNERY - D I S T R I C T M p N T A N P Cannery District Planned Unit Development Preliminary PUD Application Cannery District Partners, llc AMENDED SUBDIVISION PLAT Line Table Lane, D'e«tlan Lengln A TRACT OF LAND BEING PORTIONS OF BLOCK 2 AND BLOCK 3 OF THE IMES ADDITION TO BOZEMAN THAT LIE NORTH OF PLATS C-41-D AND C-41-K WHICH ARE CONSIDERED EAST OAK • L+ N54 56.14"w 16.64 STREET AND TRACTS 1, 2 AND 3 OF COS 2877 EXCLUDING AND EXCEPTING OUT MDT BUY/SELL PARCEL#59(DOC#2507007)OF WHICH ARE ALL LOCATED WITHIN THE NORTHWEST AND L2 NSA'S6'14'W 213.813.90'56'14'W SOUTHWEST ONE QUARTERS OF SECTION 6,TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPLE MERIDIAN MONTANA, CITY OF BOZEMAN, GAL LATIN COUNTY, MONTANA L1 N54 L4 N54.56'14'W 19539 PROPERTY DESCRD'TION PURPOSE OF SURVEY:The punmeofthlssunmy is toreellgnand aggregates totalof36 A tract of land being portions of Block 2 and Block 3 of the Imes Addition to the City of Bozeman that lies North of Plats L5 NB9'14 38'w 97.90 R=22795.00' existing tracts and/or Lots of which 33 lie within a portion of Bloc%2 and BIWA 3 of the Imes AEddon to the City C-41-0 and C-41-K which are considered East Oak Street and Tracts 1,2 and 3a of CAS 2877,excluding and excepting out MDT Poo RY 9 N L6 NOW 4Y 22'E 155.41 BAe'ya e=000'38'01" of Bozeman(COB),(AKA.Tmc13A COS2128B)and Tracts 1,2 and 3of COS2B77 a8 which 6ewilhin the COB Buy/sell 2 So h, .Dnge 6 East.P,of which are all located within the amen.Gallatin and County.M One Ouorlera of Section S. Semnm r.la• L=252.04' corporate limits.In addition.all existing streets,alleys end mods within the property a be vacated and Township 2 South,Range 6 East,Principle Meridian Montano,City of Bozeman,Gallatin County,Montana. L7 S89'14'38'E 90.11 \ CHD BRNG=N69'05'44"W expunged under a separate document.This survey will aggregate and/or realign geese emoting 38 parcels Into LB NOD'21'34'E 68.21 I \ (w CHD LGTH=252.04' B total of 16 parcels to better configure Ure use of hie Property. B iounidracl being 53219E at or 1222 acres more a IesR along with and subject to all easements of record a apparent on the L9 NB9'38'26-W 3.75 \I,a NOTES• GRANT OF EASEMENTS Ltd NOD'19'00'w 35.72 I \ The undersigned hereby grants unto each and every person,firm of corporatlon,whether public or private.providing or offering to \ 1.lots defined by the realignment of boundaries os described in this plat, and the criteria far their provide telephone.electric power,gas.Intemet.cable television or,other similar utility a service,the right to the joint use of on L1+ NB9'41'52-w 2.49 ( Jy,e a,a,ar subsequent development, will conform to all applicable zonng requirements pursuant to the provisions of easement for the construction.maintenance,repair and removal of their lines and other facilities in,over,under and across each FJgA Aar YDN an approved planned unit development for the Cannery District. area designated on this plat as'Utility Easement"to have and to hold forever. L12 NW 18'OWE A4,13 I 1D.DD' \ g aT NRY£ L13 NOD'18'OWE 7.38 1927' 2 Excemay b for raructad and r ,1 de-,Of existing builplot pre located hi Lots E.F. G.he and H.no buildings f CERTIFICATE OF EXEMPTION MDN Bozeman be Cpurs ant on any ov ions ofd In this plat pAa to c(I)Agreement f of Ina col Into the City of 1.the"ATK)NOF d props By owner of AND above d TONS) Lt4 589'14'38"E 127.1E I Larne,ice 5�� �Q� B02eman pursuant l0 the DfOvialOrl9 O(an Annexation District Agre<meni for Cannery District Property I.the Yr10er81gned property Owner Of the above described irOCle of land.OO hereby certify that the purpose Of 1h18 survey 19 l0 514'52'O6"W� ass-a a.nrt S6B•gS, T97yA cRer developmentNo. 51861e3)and(ii) the owner obtaining all necessary approvals from the City of Bozeman relocate 0bounda_ess betweene ttracts of land and/or aggregate parcels pursuant to M.C.A.Section 76-3-207(1)(a)-(Relocations)and L15 Soo'45'22'W 109.43 I t53.80' \ 9J r OO (ggreg L16 N89'38'17-W 81.99 as \ SQp `T2 o a Eriwri9', \a3 0/0. '4RT,� 3.Each lot owner shall haw,as an appurtenance to the owner's lot,anon-exclusive right and easement he Cannery District Partners,LLC. L17 500'21'43'w J8.D3 mIV COS,a- r , \°j. FNT ingress and egress, use and an in and to the lots designated Common Open SDoce'antl the m I I �D 0A4n shared right to use the drive accesses, walkways, parking area% utility lines and tone drainage By. CDP Management,LLC,Its Manager L18 NB9'1i 38'w 37.70 I �O y T and alormwater fac0ilie% and ocher Improvements made thereon for their intentlad use subject to any n I FHsOS M7n2 \%'r+£ R9N recarded decimation of covenants.conditions.and restrictions for the Canner District PUD. L19 N16'46'a0'E 13.04 � I I I COS2a7r \+.ram` 19.6t' S� y By. 13 I Car^er ne \"7' WP Scott R.Dehlenderf,Manager L20 Np0'zt'43'E 5.55 o v e L54 I N n I S595J5J'W _ ,0W L21 N49.27'47'E 12.22 m n I Q a 1 COMMON OPEN SPACL 15609' \ riy. B L22 S89'38'17'E 161.97 'Ri ' LOT 0 I O N I LOT'1 I. I y \ �'RST y BOmy L Brown,Manager E L5 I coil I zra aAea rJr\ ATtt• L2J SET ID'50"E 5.19 3 u. 114,6D9 sf as/+vP ronwr 5 L59 11,813 sf I I .''{Corner Tie ols' \ $ y�C STATE OF MONTANA ) L24 SOO'21'43"W 53.99 3 I I 546794J"W 68 q5, Hry as. o S L30 JJ999 \ q3E 4? County of Gallatin ) LIS N89']B'17"W 96.18 `*a L56 I I .9pJ N` <nn L26 Sill'SB'12'E 6.3a ` I Caner Tie Lsg LOTH o' 'os' This instrument Was acknowledged he(aa m. 201,-Dy Scale R.Dahlondart and Barry L.Brown,00 L57 I L3+ Canor ie Managers of CDP Management.LLC,a Montano limited liability company,the Manager at Cannery District Partners,LLC,o Montano w Nor 4a'2x"L b3.9t o a 56D'2T2B ` 2,496 Sf Et1 vA'I.a t z LSe I r 5oB'28'OB'E \'rE° limited liability company. , I`25 JO' cos�e;> L28 S67'10'50'E 0.98 N16'46'40"E I CX/STINC it, AND SLYER EASEMENT 28 - _�233.92' DOaZW5 I511 _ L72 ----- COMMON OPEN SPACE \':•� L29 SOW 35'12'W 47.63 F11d yfC t_ Corner Pe 26.29' r-------- I \�'�rqy Printed Name: BARB I�N7J34 4B E l j �.�t L2 \ \\ j LOT 3 \ >� ResidiNotarng Public for me Stale 01 Montano Montana L30 N89'24'48'W 52.00 I 96.96' 1 L+9 u, NOD'3s•IrE 48.w CIOMMON OPEN SPAC I L24 1 ' 111,757 sf .\ f„n,�tlo01f My Commiaslon Elwo-ea toil_ 2N 1 LOTG N^1------------------------------------\\ CERTIFICATE OF SURVEYOR Liz Sag•24'48'E stag LOT 4 I 16,794 sf \ `` in O EX/STINL PATER AND SEMER EASEMENT \ I,the undersigned,John R.Pugh,Licensed Professional Land Surveyor,do hereby certify that between April 2B,2014 and June I, L33 NOD'45'22"E 58.50 I 63,769 sf 1 I I L2] L L13 L5 o Doc'B2sonse \ \ S 2014,1 supervised the survey.platting and description of the tracts shown on the accompanying Amended Subdivision Plat in -------------------------------- I o r \ accordance with the provisions of Me Montano Subdivision and Platting Act,(MCA 76-}101 through 76-3-625 tl the Bozeman 10.00' I I a.• pr g g n L34 Sea'14'38'E 171.84 m("- I 1 L17 L12 I N I \ \ 6 ' DAWD t coda. I L26 L25 I Corner re \ \ O S DATED this-day of 201� L35 SOT 01'44'W 173.11 i 3 I L16 Lll I i Lai L48 N67J0'26 F \\ \\`?O• L36 S89'34'28'E 91.60 L53 I /709J' \ \ \0 I N Llo LOT E I I \ L37 SOO'45'22'w 39.31 COB Tract I L6 I L49 \ \ \ John R.Pugh, LOT N I n 14,574 Sf \ \/ MDT Buy/S.0 Montana, 15626 LS BDtgzozssss Ls l a o 1 LOT F L9 I LOT L \ \ Acrtef s9 L38 Nag't4'38'w 163.3, L52 7,093 sf COS zzo9 1 N 1 5 15,175 sf 1 L41 19,218 sf L44 \ Da/2507007 L39 N00'53'29'E 87.57 Dedicated IO' I I U3 L47 LOT M \ CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL OUALRY REVIEW • 10,50' I Corn I T 1 9,101 Sf - 502'02'9.4 L40 Sag'14'3B'E 159.50 Yzde UtM Gat. I I Corner Tie LB Comer Tie 9r I Corner Tie 79.49'\ L Director of Public Services.City of Bozeman.Montano,do hereby certify that these troeta \ N5609 J9 f L45 \ f land are within the City of Bozeman,Montana, first-class municipality.and/a within the planning area of the Bozeman Lail S00'45'22'w tt].]e 20.96' j I 1 NB074'95[ N62JJ'05"W a555' N777158'W \ Growth policy which was adopted pursuant to MCA 76-1-601 at seq..and can be provided with adequate storm water drainage F•DH YFC TS �1 I 1 J19.6B' 46.95' I I 118.27 \ I- and ode uate municl al facilities.Therefore.under the provisions of Section 76-4-125(2)(d).these tracts are excluded from the L42 NB9'ti 38'w +69.50 TON Z�R 3 .19' t \\ Lla L7 I I !YOU Rabur laU - La6. +I -"+20' UTJL,YCWT. requirements!ar Montana Department Of Environmental Quality Review. 2J.78 \ _ '� N89'2}'28" 475.70' DEac4r£D YO'UTJLITI'EAsaw£Nr DATED this day F 201- L43 N00'a5'22'E 1+1.38 CTJ 26. ,,.. I ,I' Anplr Point L44 N89'14'38'W 35.5D City of Bo n \\ _ __---_-]]6.45--_ I J ) n Gene S89'09'S1" Y o F1r1200Pg3B0 _ 512.74' 14' f11d Y -�------- 7R-mY6a'F 218.95' L45 NOD'45'22'E 56.75 %T 2Z04 TDH £XISrT.-A-AND SGw£R trAS£4IaNT u I 23$B"E C 1/4 Signature O' m I +9.fi5' 1' I 1 O Yc nW r.YS AC 9 R=994.93' rxKYY50i/69 I L IF O LxP AtArw SURY[a YC Nd Fnp Lab 589't4'38'E 9B.OD z. - ------------1-_-�____ 1 t,°r'99 O D.4o'Y.el amAr a.4a•Y.of Re A' Lac Pt CERTIFICATE OF GOVERNING BODY 1=004-15'02' R=99a.93' C4 W' -� z I w d Utz SOW 45'22'W 113.38 L=73.61' I`- oP' W o P n=013'32'06" _ ea.�sr� _L38 I I �y°°",,�u I v m I, do hereby certify that accompanying Amended Subdivision Plot has been duly reviewed,and has been L48 Nag'IC'38'W 62.50 CHD BRNG=N70'35'S1"W L-2}503 +� r ,ter" g I „I d?'y'i° - o q> found to conform Lo the requirements of the Subdivialon and Platting Act,Section 76-3-101 eLseq.; MCA,and the Bozeman CHD LGTH=73.79' \. I I 1"A I Tmet 2A Municipal Code. L49 NOD'45'22'E 56.63 CHD BRNG=N61'42'I7"W "L3 '1 i`'I p ry:,o, - :u• +OT K f - -8 o' FTat ssrB 3 L50 N00'45'22'E 83.52 Lus L'-v+-t CHD LGTH=234.49' e�� F1td y I a a lCOMMON OPEN SPACE DATED this day of 201- ernx L ail --610 sF J9 d I 6 LOT 2 -�20' unu y LwE L51 Sag'14'38"E 43.53 aaRatin LLwxv ® I I '9 Anq'e Point C r aps�"nSo F''Id r� tis9 L g I 95,235 sf „3 signature E L52 500'20'44'E 69.w _ L53 N89'14'3B'w 89.89 TDH YD X `T6Jq� ' t7.536 I f°I ___4 Re-nW66�� �In !m ab`� 'L*°cL5g1P G_ CERTIFICATE OF COUNTY TREASURER L54 S89'14'38'E 115.74 x sty of Bezemm4 x c�as 94zm,w, 0.50'East yyp a I,KimberlyBuchanan,Treasurer of Gallatin County,Montano,do hereby certify that the accompanying Amended Subdivision Plot e.00,9nmt Ueeled t.29 l CO ap'IIO£IATLRLINC£ASLYLM e. non,Ueeted IS5 S00'45'22'w Bz.w vAGRD Y4w.iWs Rr,�J A Dz t]2NYlae9 OS. T6 Daef yyyrTTTy aeww,44 xe.six mtwys:z Of Corer c v has been duly examined and that all real property taxes and special assessments assessed and levied on the subject land have ---_-zr=- (n-103 osf!rmmttl _- "' NS89'34'28"E been paid. L56 N69'+4'30'w 37.74 F1,d PAL' (y 1- r- -�rs�.1� " l5] 500'a5'22'W 31.34 111d YFC TON TA_I a Irao.90'zS� C -1 I ti^I ^.30.01 Z Property Access-ant Code No. 9 L7 ��-_- TDH fT�v R-,TS.ad j- �- -13, - I 't ^ D[l/y[SVL DATED this cloy of 201� L58 NB9'14'38'W 75.82 fJS Ups L, I eze-LD M'WIDE 11TILIT]•CISCYEM 20 A Point L59 N00'20'44'W 113.36 CONSENT OF MORTGAGEE - /f -\ '/, L rF- , 7 Signature I the undersigned Mortgagee,do hereby join in end consent to the described plat, r. I/A a.ta' releasing our respective liens,claims or encumbrances as to any portion of said �, CERTIFICATE OF COUNTY COMMISSION lands now being platted Into streets,parks or other public uses and dedicated toforever. > `�a -LOT J- the use of the public forever. s Sq, a I 19,806 sf 1 •sill 1, Chairman of the Board of County Canmissloners of Gallatin County,do hereby certify that the L35 gz !` SB °i use of the exemption dalmetl on the accompanying Amended Subdivision Plat has been duty reviewed and has been found to "yak 7q• r�` , 8 I e"a conform to the requlrements of the Subdivision and Platting Act,Section 76-3-101 at seq.M.C.A.and the Gallatin County Curve Table J \ Signature 65 '` - J _ta 3 4' Subdivision Regulation& Cure/ Radius Length Chard D'xecllon Chord Length ,ry\o 'AS. • I F,j 8[§ �,,L,49t a 30 6D 120 CI 1014.93 10.49 N72'47'05'w 10.49 L ��_ 3 i 1+•-. DATED ihl9 day 0f 201� Printed Name p' `+yy IN FEET C2 1014.93 46.84 N71'10'00'W 46.84 THie: n Signature C3 1014.93 49.22 N57'04'58'W 49.22 Stole of fin County of m CERTIFICATE OF CLERK AND RECORDER C4 1014.93 190.54 NEW 18'55'W 190.26 $ On this day Of th the year of 201.before me the undersigned,a •,C5 t U71[/Ir L7M1. 1,Charlotte Mills.Clerk and Recorder of Gallatin County.Montana,do hereby certify that the foregoing instrument was filed in my CS 241.56 8.10 S55'S5'+6'E 8.+0 , 20' notary public In and for said stole,personally appeared y„d yA Anye POs''I office at o'clock_m.,this day of A.D.,201-and recorded In Beal C6 241.56 56.14 S63'32'22'E 56.02 known to me to be o member of the company x yy'jA Plats.Page Records of the County perk and Recorder.Gallatin County.Montana. that executed the within instrument,and acknowledged to me that such member 20.92' executed the some. Doa,ment No. dpD z 252' MON BOX i z R=261.56' Cit y of Bozeman Notary Public for the State Of tors rrt i a Vacated Jan. I Ord.516.Fmg2Pg.2093 LEGEND a.=01638t4 Reopened Book tas P 31(Partially vacated See Darr.. Residing is tax L=75.95' 9i ( r ov) Clark and Recorder,Gallatin County My commission Expires City of Bozeman ® Found Orange Plastic(OPC)'PUGN'15626 l5 CHD BRNG=S63'16'47"E vacates Jon.1921 Ord.Stb.Fm41Pg.2093 unless otherwi,<described. CHD LGTH=75.68' R-Paned Book 106 Pg.33(portiaily Vacated See Doc/???) • BASIS OF BEARING: - - me rrc CM rND Ac. Set W§ 1e'reear with 2'Aluminum Cap n,matl y of Bozeman Parcel C Piet C-41-X oae m,..r a STAHLY ENGINEERING 81 ASSOCIATES US STATE PLANE 1983.MONTANA 2500.NAD 1983. PROPERTY CORNER LLONUMENTATION NOTE: O PUGH"15626 LS" TOH /w"A'-£ 1/4 Sec. T R Professional Engineers R Surveyors �oeVl®([i/�! INTERNATIONAL FEET WITH GROUND PROJECTION AT: The Lote shown within this survey that have an Alphabetical AMENDED SUBDIVISION 7585 SneOMm uiw 3530 Cantermlal Odor STAHLY designation represent boundaries of either proposed or existing - Freeosed Relocates/Agregoled Lot Bozeman,LIT 597te Helena,MT 59801 NORTH LATITUDE: 45'-35'-28.99813' building pod Dram and the placement of all appropriate comer unn. ® 6 25 6E PLAT Iw,one:(S)5)ST2-952e Pnarle:(4os)N2-8394 �. monuments was adhered to according to Montana laws by _ Fax:(408)522-gWB Far:(406)u2-8557 4Jf�m\\h' WEST LONGITUDE: 111'-11'-53.2089Y using my best judgement fa tha conditions that were on the ---- Ezisting Easement Line Finao:ease reMT.ns1 Ono.: ,vour.,wt ELLIPSOID MT: 4926.66 sift. ground. If a caner marker was not shown to be el at a .. P, certain location it was due to landing within building walls or it operty comer Ti,Li... CITY OF: BOZEMAN CARD: JRP No.s¢Er VERTICAL DATUM: NAVD88(GEOIDI2A) was not=liable for a monument for sane other reason Dedicated 10'Wilde Utility Easement ® COUNTY: GALLATiN CHECKED: OF .. MERIDIAN CONVERGENCE ANGLE-(-)DI14'-32" -- - PRINCIPAL MERIDIAN, MONTANA DATE: 02-Oil- '- 2016 • � 07- E Mq /V Appendix 3 CANNERY Covenants D I S T R I C T M 0 N T A N P Cannery District Planned Unit Development Preliminary PUD Application Cannery District Partners, llc Return to: CDP Management, LLC 1006 West Main Street Bozeman, Montana 59715 DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FOR THE CANNERY DISTRICT TABLE OF CONTENTS SECTION1. DEFINITIONS............................................................................................................................4 SECTION 2 PROPERTY SUBJECT TO DECLARATION;PROPERTY RIGHTS..............................................7 2.1 The Property;General Declaration................................_........................................................7 2.2 Property Rights.............................................................._........................................................7 2.3 Delegation......................................................................_........................................................7 2.4 Transfer of Common Property to Association..............._........................................................7 2.5 Subdivision and Consolidation of Lots.........................._........................................................7 SECTION 3 DECLARANT'S RIGHTS..................................................._........................................................7 3.1 Right to Transfer............................................................_........................................................7 3.2 Limitations on Declarant..............................................._........................................................8 3.3 Authorization Required................................................._........................................................8 SECTION 4 CANNERY DISTRICT PROPERTY OWNERS ASSOCIATION....................................................8 4.1 Creation and Purpose....................................................._........................................................8 4.2 Membership in Association.....................................................................................................:9 4.3 Membership Interest................................................................................................................9 4.4 Voting Rights................................................................._...................................................... 10 4.5 Voting;Quorum..................................................................................................................... 11 4.6 Declarant's Right to Appoint Majority of Board................................................................... 11 4.7 Powers and Duties of the Association.........................._...................................................... 11 SECTION 5 ASSESSMENTS,BUDGET&LIENS......................................................................................... 12 5.1 Assessments and Owners'Obligation to Pay......................................................................... 12 5.2 Computation of General Assessment..................................................................................... 13 5.3 Computation of Limited Assessments................................................................................... 14 5.4 Special Assessments.............................................................................................................. 14 5.5 Reserve Budget and Capital Contribution.........:................................................................... 15 5.6 Date of Commencement of Assessments....................... ...................................................... 15 5.7 Lien of Assessments; Foreclosure......................................................................................... 15 5.8 Subordination of the Lien to First Mortgages................. ...................................................... 16 5.9 Exempt Property............................................................. ...................................................... 16 5.10 Assessment Obligation of Declarant............................. ...................................................... 16 - 1 - SECTION5 MAINTENANCE....................................................................................................................... 16 6.1 Association's Maintenance Responsibility............................................................................ 16 6.2 Owners'Maintenance Responsibility.............................................................:...................... 17 6.3 Noxious Weeds................................................................:..................................................... 18 6.4 Storm Water Maintenance Plan............................................................................................. 19 SECTION7 COMMON PROPERTY..............................................................................................................21 7.1 Description of Common Property..........................................................................................21 7.2 Intent......................................................................................................................................21 7.3 Right of Access......................................................................................................................21 SECTION 7 USE RESTRICTIONS AND RULES...........................................................................................21 8.1 Generally................................................................................................................................21 8.2 Laws and Ordinances.............................................................................................................21 8.3 Inspection...............................................................................................................................21 8.4 Operations and Uses..............................................................................................................22 8.5 Prohibited Uses......................................................................................................................22 8.6 Permitted Uses........................................................................................................................23 8.7 General use provisions...........................................................................................................23 8.8 Construction..................................:.........................................................................................25 8.9 Parking...................................................................................................................................26 SECTION 9. DESIGN REVIEW PROCESS AND PROCEDURES..................................................................26 9.1 Design Review Committee....................................................................................................26 9.2 DRC Review Required..........................................................................................................26 9.3 Employment of Architects,Engineers or Other Persons.......................................................26 9.4 Review Fee and Address.......................................................................................................26 9.5 Design Guidelines.................................................................:...................................:............27 9.6 Plan Review and Approval....................................................................................................27 9.7 Right to Inspect......................................................................................................................27 9.8 Construction Compliance......................................................................................................27 9.9 Notice of Noncompliance or Noncompletion........................................................................28 9.10 No Liability...........................................................................................................................28 SECTION 10. INSURANCE AND CASUALTY LOSSES...............................................................................28 10.1 Insurance on Common Property...........................................................................................28 10.2 Other Insurance............................................................................................:........................30 10.3 Damage and Destruction.......................................................................................................30 10.4 Disbursement of Proceeds....................................................................................................30 10.5 Repair and Reconstruction.....................................................................................................30 10.6 Property Insured by Owners; Damage and Destruction................:.....................................:31 SECTIONI 1 CONDEMNATION...................................................................................................................31 SECTION 12 ANNEXATION AND WITHDRAWAL OF PROPERTY...........................................................31 12.1 Annexation by Declarant.......................................................................................................31 12.2 Annexation by Association............................................:......................................................31 12.3 Additional Covenants and Easements..................................................................................32 12.4 Withdrawal of Property........................................................................................................32 12.5 Amendment...........................................................................................................................32 SECTION 13 MORTGAGEE PROVISIONS..................................................................................................32 13.1 Priority of First Mortgages...................................................................................................32 13.2 Notices to Eligible Lenders..................................................................................................32 13.3 Notice to Association............................................................................................................33 13.4 Failure of Mortgagee to Respond.........................................................................................33 SECTION14. EASEMENTS.........................................................................................................................33 14.1 Easements Reserved to Declarant.........................................................................................33 -2 - 14.2 Easements for Encroachment....................................... .......................................................33 14.3 Easements for Overhang...................................:........... .......................................................34 14.4 Easement for Maintenance and Repair of Lot Improve-rents..............................................34 14.5 Easements for Installation of Common Property.......... .......................................................34 14.6 Easement for Maintenance of Common Property........ .......................................................34 14.7 Easements for Use and Enjoyment of Common Propery....................................................34 SECTION15. ENFORCEMENT............................................................ .......................................................35 15.1 Owner's Compliance..................................................... .......................................................35 15.2 Remedies....................................................................... .......................................................35 15.3 Attorney's Fees.....................................................................................................................36 15.4 No Waiver.............................................................................................................................36 SECTION 16. GENERAL PROVISIONS........................................................................................................36 16.1 Covenants to Run with Land, Duration, Binding EffecT.......................................................36 16.2 Amendment................................................................... .......................................................36 16.3 Variance and Waiver............................................................................................................37 16.4 Partition.................................................................................................................................38 16.5 Cannery District and Northside—Use of Terms....................................................................38 16.6 Disclaimer.............................................................................................................................38 16.7 Notice of Sale or Transfer of Title........................................................................................38 16.8 Proper Notice to Owner or Mortgagee.................................................................................38 16.9 No Dedication.......................................................................................................................38 16.10 Severability...........................................................................................................................38 16.11 Captions................................................................................................................................38 16.12 Cumulative Effect.................................................................................................................39 16.13 Interpretation.........................................................................................................................39 DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS THIS DECLARATION is made , 2016,by CANNERY DISTRICT PARTNERS, LLC, a Montana limited liability company, 1006 West Main Street, Bozeman, Montana 59715 ("Declarant"). RECITALS A. Declarant is the owner of real property ("Pro a ") in Gallatin County, Montana, described as follows: Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land being Tract 1 and Tract 2 of Correction COS 2128B, and the parcel known as COS 2548, all located within the SW'/o of Section 6, Township 2 Sout1, Range 6 East, P.M.M, Gallatin County, Montana, less Montana Department of Transportation Buy-Sell Parcel No. 59 (Document No. 2507007); All of Block 2 of the Imes Addition to the City of Bozeman located north of Tract A of Certificate of Survey C-41-D and south of Oak Street established by Ordinance 575, Misc. Bk. 10 page 617. (Deed reference in Document No. 2206846, records of Gallatin County, Montana); and Tract 3A of Correction Certificate of Survey No. 2128B, to the City of Bozeman, Gallatin County,Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. -3 - B. Declarant has subdivided the Property into smaller tracts and lots for purposes of resale or development. Developer has established a planned unit development ("PUD") for the Property and intends that the Property be developed principally as a commercial and business park. The Property may also include mixed-use buildings with both commercial space and residential dwellings. The development is known as the"Cannery District." C. Declarant intends to develop the Property in four (4) Phases (each a"Phase"). The land comprising Phase 2 presently lies within the city limits, of the City.of Bozeman. Phases 1, 3, and 4 presently lie outside the city limits in Gallatin County, and they will be annexed into the City pursuant to the provisions of an Annexation District Agreement for Cannery District Property dated July 20, 2015 and recorded in the records of Gallatin County,Montana, under Document No. 2518673 D. The existing buildings in Phase 1 of the development were historically used for a pea canning facility and subsequently for various other commercial and light industrial uses. Declarant desires to retain certain architectural and design aspects associated with the Property's past uses, to the extent that such characteristics are consistent with the contemplated uses of the Property. E. Declarant desires to subject the Property and the subdivisions thereof to protective and restrictive covenants, conditions, restrictions, easements, reservations, and guidelines (collectively the "Covenants"). The requirements set forth in,the Covenants shall meet or exceed the minimum requirements and standards of all applicable state and local regulations and ordinances governing subdivision and zoning. NOW, THEREFORE, Declarant hereby declares that the Property, and other lands that may be added to the Property pursuant to a Supplemental Declaration and the procedures set forth herein, shall be developed, owned, held, sold, conveyed, encumbered, leased, used, and occupied subject to the following Covenants. The Covenants shall run with the land and shall be binding upon and inure to the benefit of all persons having any right, title or interest in the Property (or any part thereof) and their heirs, successors, and assigns. The Covenants are imposed upon the Property for the purposes of protecting and enhancing the value and desirability of the Property, maintaining a consistent character and architectural theme, regulating the development and use of the Property, and providing for the administration and maintenance of the Common Property. SECTION 1. DEFINITIONS Unless the context requires otherwise, the following definitions shall pertain throughout this Declaration and in the interpretation thereof: • "Additional Property" means and refers to real property in Bozeman, Gallatin County, Montana, described as set forth in the attached Exhibit A. • "Assessment"means the assessments described and authorized in Section 5 of this Declaration. • "Association" means the Cannery District Property Owners Association, a Montana non-profit corporation to be created by Declarant as provided in Section 4. The Association shall consist of all of the Owners, as Members, acting as a group and in accordance with this Declaration and the Bylaws. • "Board of Directors" or "Board" is the elected body of the Association and the term shall have its normal meaning under Montana corporate law. r • "Bylaws"mean the Bylaws of the Association, as they may be amended from time to time. -4- 0 • "Cannery District Review Committee" or "CDRC" means the committee established pursuant to Section 9 for architectural, design, and site plan review and approval of proposed construction, alteration,addition, and erection of Improvements to the Property. • "Common Property" means all real and personal property, including the Common Open Space Lots and easements, that the Association owns, leases or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, including but not limited to roadways, walkways, trails, entrance areas, utility lines and connections, landscaped areas, patios, parking areas, median strips, curbs, drainage courses and storm water facilities, private rights-of-way and easements, utility and drainage easements, common area and sign lighting, and sign location areas and signs located thereon. • "Common Expenses" is an inclusive term referring to both General Common Expenses and Limited Common Expenses. • "Common Open Space Lot" or "Common Open Space Lots" mean the Lot or Lots identified as such on the PUD plat. Upon conveyance of such Lots to the Association pursuant to this Declaration, the Lots shall be owned in fee by the Association and shall become a part of the Common Property. • "Covenants"shall have the meaning set forth in Recital E. • "Declarant" means Cannery District Partners, LLC, a Montana limited liability company, and any successors and assigns controlled by or under common control with Cannery District Partners, LLC. • "Declarant Control Period"means the period of time described in Section 4.6. • "Declaration"means this document and all parts attached thereto or incorporated by reference. • "Design Guidelines" means the standards, restrictions, and specifications referred to in Section 9 that govern the construction, placement, location, alteration, maintenance or design of any Improvements to the Property, and all amendments thereto at the time of reference. • "General Assessments" means Assessments levied against all Lots on the Property to fund General Common Expenses. • "General Common Expenses" means the expenses incurred by the Association for the general benefit of all Lot Owners, including any reasonable reserve(s), all as may be found necessary and appropriate by the Board pursuant to this Declaration, the Bylaws, and the Articles of Incorporation of the Association. • "Improvements" means and includes, but is not limited to, buildings and roofed structures, changes in any exterior materials, color or shape of buildings, parking areas, loading areas, fences, walls, driveways, walkways, patio areas, hedges, landscaping, poles, signs, lighting, and any new construction or exterior renovation significantly altering the appearance of these improvements. It shall not include public utilities, landscape material replacements, or any other replacement or repair that does not change exterior colors or exterior appearances. It shall include both original improvements and all later changes and improvements. • "Law"means all laws, ordinances, requirements, orders,proclamations, directives, codes,rules, and regulations of any governmental authority that affect the Property, the Improvements, this Declaration, or any Person's rights and remedies under this Declaration in any way. The term shall -5 - 0 include Law in force at the date of this Declaration or passed, enacted or imposed at some later time, subject in all cases, however, to any applicable waiver, variance or exemption. "Governmental authority" as used in this paragraph shall include any agency, authority, bureau, department, quasi-governmental body or other entity or instrumentality having or claiming jurisdiction over the Property. • "Limited Assessments"means Assessments levied against particular Lots to fund Limited Common Expenses, as more particularly described in Section 5 hereof. • "Limited Common Expenses" means the expenses incurred by the Association for the benefit of Owners of fewer than all of the Lots. The Board shall determine what expenses benefit fewer than all Lots, which determination shall be conclusive. Limited Common Expenses may include a reasonable reserve for capital repairs and replacements and shall be specifically authorized by the Board in accordance with Section 5 hereof. • "Lot" means a fractional part of the subdivided Property as depicted on plats recorded from time to time in the Public Records. • "Majority" means those votes, owners, members or other group, as the context may indicate, totaling more than 50% of the total Member Votes and/or Percent Membership Interest. • "Member"means a Person entitled to membership in the Association, as provided herein. • "Member Votes" means the votes assigned to each Lot by this Declaration, as amended from time to time. See Section 4.3. • "Mortgage" means a mortgage, a deed of trust, trust indenture or other, similar form of consensual security interest or consensual lien intended as security for an obligation. • "Mortgagee"means a beneficiary or holder of a Mortgage. • "Occupant" means a Tenant or licensee of an Owner, or any other person or entity other than an Owner in lawful possession of a Lot with the permission of the Owner. • "Owner" means Declarant or other Person who owns the record title to any Lot, but excluding in all cases any party having an interest in the Lot solely as security for an obligation. If a Lot is sold under a contract of sale with a recorded notice of purchaser's interest, and the contract specifically so provides, then the purchaser (rather than the holder of the legal interest) shall be deemed the Owner. If the entirety of a Lot and all Improvements thereon are subject to a single, written lease with a primary term in excess of ten (10) years (not including extension or renewal terms) and the lease specifically so provides, then upon filing a copy of the Lease with the Board of Directors, the Tenant (rather than the fee owner) will be deemed the Owner for the purpose of exercising all privileges of membership in the Association • "Percent Membership Interest" means the membership interest in the Association allocated by this Declaration to a Lot. See Section 4.3. • "Person" means a natural person, corporation, limited liability company, partnership, association, trust, other entity or any combination thereof. • "Phase" shall have the meaning set forth in Recital C. -6 - 0 0 • "Pro e " shall have the meaning set forth in Recital A znd additionally means the land,buildings, improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which is hereby subjected to the provisions of this Declaration. • "Public Records" means the records on file and of recor3 in the office of the Clerk and Recorder, Gallatin County,Montana. • "Supplemental Declaration" means an amendment or sup?lement to this Declaration executed by or consented to by Declarant that subjects Additional Property to this Declaration. The Supplemental Declaration may impose, expressly or by reference, ade.itional restrictions and obligations to the Additional Property described therein. • "Tenant" means the owner of a leasehold interest ir_ a part or all of the Property, or any Improvements located thereon. SECTION 2 PROPERTY SUBJECT TO DECLARATION; PROPERTY RIGHTS 2.1 The Property; General Declaration. Declarant is the present record titleholder of the Property. Upon recording of this Declaration in the Public Records, the Property shall be owned, held, transferred, leased, sold, conveyed, hypothecated, encumbered, and occupied by Declarant, and any subsequent Owner,Tenant or Occupant of all or any part thereof, subject to the Covenants. 2.2 Property Rights. Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Property. The scope of the easement and the restrictions and limitations on its use and enjoyment are set forth in Sec;-ion 14.7. 2.3 Delegation. Any Owner may delegate such Owner's right of use and enjoyment of the Common Property to its Tenants, employees, and invitees, as afplicable, subject to reasonable regulation by the Board of Directors and in accordance with procedures the Board may adopt. 2.4 Transfer of Common Property to Association. The Common Property located within a Phase of the Cannery District shall be conveyed to the Association within one (1) year of the first conveyance of a Lot in such Phase to any purchaser other than (i) Declarant or (ii)an entity controlled by or under common control with Declarant. 2.5 Subdivision and Consolidation of Lots. After its init_al conveyance by Declarant, no Lot may either be subdivided into two or more parcels or be consolidated with a contiguous Lot without the prior written approval of the Association. If the proposed subdivision or consolidation occurs during the Declarant Control Period, Declarant's prior written approval shall also be required. Further, an Owner desiring to subdivide a Lot or consolidate Lots must comply with all Laws, particularly those governing land subdivision and plattir_g. SECTION 3 DECLARANT'S RIGHTS 3.1 Right to Transfer. Any or all of the rights and obligations of Declarant set forth in this Declaration or the Bylaws may be transferred or assigned in whole or in part to another Person. Such Person will then assume the position of Declarant pertaining to the particular rights, powers, easements, and reservations assigned, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that which Declarant has under this Declaration or the Bylaws. No such transfer or assignment shall be effective unless it is in a written instrument signed by Declarant and duly recorded in the Public Records. If Declarant conveys all of its interest in the Property to another Person, Declarant shall be relieved of the performance of any further duty or obligation -7 - hereunder, and such Person shall be obligated to perform all such duties and obligations of Declarant. 3.2 Limitations on Declarant. Declarant is developing the Property for business, commercial, and mixed-use commercial purposes. Certain buildings on the Property may also include residential dwellings. Completion of that work and sale or other disposition of such developed* land is essential to the establishment and welfare of the Property as a commercial, business, and mixed- use development. To facilitate rapid completion of the Property's development, nothing in this Declaration shall be understood or construed to: (a) Prevent Declarant, its contractors or subcontractors from doing to the Property whatever is reasonably necessary or advisable in connection with the completion of said work; (b) Prevent Declarant or its representatives from constructing and maintaining structures on the Property as may be reasonable and necessary for completing the work of establishing the Property as a commercial, business, and mixed use residential park and disposing of the same in parcels by sale, lease or otherwise; (c) Prevent Declarant from conducting on any part or parts of the Property such business as may be necessary to complete work and establish the Property as a commercial, business, and mixed use residential park; or (d) Prevent Declarant from installing and maintaining signs on any part of the Property as may be necessary for the sale, lease or disposition thereof. No action taken by Declarant pursuant to any provision of this Section 3.2 shall unreasonably interfere with the Owner's rights and use of such Owner's Lot. 3.3 Authorization Required. (a) No person shall record any declaration of covenants, conditions and restrictions or similar instrument purporting to affect any portion of the Property during the Declarant Control Period without Declarant's review and consent. Any attempted recordation without Declarant's consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed by Declarant and recorded in the Public Records. Any additional covenants or restrictions recorded by any Person other than Declarant may not be less restrictive than the terms of this Declaration. (b) Notwithstanding any contrary provision of this Declaration, no amendment to or modification of any use restriction or Design Guideline shall be effective without prior notice to and the written approval of Declarant so long as Declarant owns any portion of the Property. SECTION 4 CANNERY DISTRICT PROPERTY OWNERS ASSOCIATION 4.1 Creation and Purpose. Declarant shall incorporate the Association as a non-profit mutual benefit corporation. Such incorporation shall occur within one (1) year of the initial conveyance of a Lot to a purchaser other than Declarant and prior to Declarant's transfer and conveyance of any real or personal property interest to the Association. The Association shall be formed for the purpose of administering, implementing, and enforcing this Declaration and operating the Association for the benefit of its Members. -8 - 4.2 Membership in Association. All Owners shall be Members of the Association. Each Owner shall be deemed to have an automatic, mandatory, non-severable membership interest and voting right in the Association. No Owner, whether one or more Persons, shall have more than one membership interest per Lot owned. Members may exercise the rights and privileges of membership subject to the provisions of this Declaration and the Bylaws. Membership rights held by multiple individuals, a corporation, limited liability company, partnership, other entity or trust shall be exercised by an individual designated from time to time by the Owner in a written instrument provided to the Association's secretary. 4.3 Membership Interest. (a) Percent Membership Interest. The Association shall have a single class of membership. Each Owner shall have the membership interest ("Percent Membership Interest") assigned by this Declaration to such Owner's Lot. Except as provided in Paragraph 4.4(b), the Percent Membership Interest shall (i) correlate to the Member Votes that each Owner will have in matters that come before the Association for a vote; and (ii) be used as a basis in determining, among other things, each Owner's liability for Assessments. The Percent Membership Interest for each Lot is as shown in the following table: Lot Designation Building Area Percent Membership Member Votes (square feet) Interest E 28,333 17.694 17,694 F 15,751 9.837 9,837 G 19,324 12.068 12,068 H 2,100 1.312 1,312 J 13,400 8.368 8,368 K 10,720 6.694 6,694 L 26,500 16.549 16,549 M 16,000 9.992 9,992 N 10,000 6.245 6,245 O 18,000 11.241 11,241 Totals 160,128 100% 100,000 Declarant reserves the right to adjust the Percent Membership Interest and Member Votes allocated to each Lot at any time before a Lot is conveyed to a purchaser other than Declarant. Declarant further reserves the right to redistribute and reassign equitably the Percent Membership Interest and Member Votes allocated to each Lot if(i) Lot boundary lines for any Lot within the PUD are subsequently adjusted; (ii) the square footage of buildings constructed on one or more Lots materially departs from Declarant's estimates; (iii)the use of a Lot or building is materially different from the use anticipated or planned by Declarant or(iv)the Additional Property, or any portion of it, is annexed to the Property as provided in Section 12.1. (b) Phasing of Percent Membership Interest During Development. Notwithstanding the provisions of Paragraph 4(a), the Percent Membership Interest and Member Votes assigned to Lots G, J, K, L, M, N, and O prior to completion of development and/or building renovation on those Lots, for the purposes of voting and for the calculation of Assessments, shall be as follows: -9 - Lot Designation Percent Membership Member Votes Interest Prior to Lot Development G 1.150 1,150 J 0.500 500 K 0.500 500 L 0.500 500 M 0.500 500 N 0.500 500 O 0.500 500 Each of these Lots shall have the Percent Membership Interest and Member Votes designated in the table above until the earliest of the following dates: (i) the date a certificate of occupancy (or equivalent) for any building constructed and/or renovated on such Lot is issued by the appropriate governmental authority; (ii) the date upon which any of the space in a building on such Lot is occupied by the Owner thereof or any Occupant for allowed commercial or residential uses (the earliest, the"Occupancy"). Thereafter, the Lot will have the Percent Membership Interest and be assigned the Member Votes designated in Paragraph 4.3(a), and, for all Lots, the effective percentage responsibility for Assessments and effective voting percentage shall be recalculated, all determined pro rata as of the first day of the calendar month during which the Occupancy Date occurs. Prior to completion of construction or renovation of buildings on any of Lots G, J, K, L,M, N, and O, the effective voting percentages, and Percent Membership Interests for the purpose of calculating Assessments shall be as follows: Lot Designation Percent Effective Percentage Member Effective Membership Responsibility for Votes Voting Interest General Assessments Percentage E 17.694 53.630 17,694 53.630 F 9.837 29.815 9,837 29.815 G 1.150 3.486 1,150 3.486 H 1.312 3.977 1,312 3.977 J 0.500 1.515 500 1.515 K 0.500 1.515 500 1.515 L 0.500 1.516 500 1.516 M 0.500 1.515 500 1.515 N 0.500 1.515 500 1.515 O 0.500 1.516 500 1.516 Totals 32.993 100% 32,993 100% 4.4 Voting Rights. Except as provided in Paragraph 4.3(b), the total number of votes in the Association ("Member Votes") shall be 100,000. Unless a Member's vote is expressly excluded in a particular matter by this Declaration, each Member shall be entitled to cast the number of Member Votes allocated to such Member's Lot in any matter that comes before the Association for a vote. The initial number of Member Votes allocated to each Lot is shown in Paragraph 4.3(a). In any situation where a Member is entitled to exercise the Members Votes for a Lot and more than one Person holds the membership interest in such Lot, such Member Votes shall be cast as those Persons determine among themselves, and they shall advise the Secretary in writing at or prior to any meeting as to who is authorized to case such votes. In the absence of such - 10- advice, the Lot's vote shall be suspended if more than one individual seeks to exercise it. The Member Votes allocated to each Lot may not be split. 4.5 Voting; Quorum. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Bylaws. Except as specifically provided otherwise in this Declaration or the Bylaws, when Members vote to take action on a matter, a Majority.of Member Votes shall carry. 4.6 Declarant's Right to Appoint Majority of Board. Until December 31, 2025, or until such time as seventy-five percent (75%) of the Association's Membership Interest has been conveyed to a person other than Declarant (or an entity controlled by or under common control with Declarant), whichever first occurs ("Declarant Control Period"), Declarant reserves the right (but shall not have the obligation) to appoint and remove all of the members of the Board. This right shall exist notwithstanding the provisions of this Declaration and the Bylaws governing the election and removal of directors. Board members appointed by Declarant may be Members, officers, employees or agents of Declarant and need not be Lot Owners. Declarant may, in its sole discretion, temporarily or permanently relinquish its right to appoint and remove all of the Board at any time during the Declarant Control Period. 4.7 Powers and Duties of the Association. In addition to the powers and duties provided for elsewhere in this Declaration and the Bylaws, the Association, acting through its Board for the mutual benefit of the Owners, shall generally have the powers and duties necessary or incidental to the operation and management of the Association and the Common Property including,without limitation, the following powers and duties: (a) Take such action to enforce the terms and provisions of this Declaration by appropriate means, including; but not limited to: (i) Expenditure of funds, (ii) Employment of legal counsel, accounting services, and management services; and (iii) Commencement and prosecution of legal or equitable causes of action. (b) Maintain and otherwise manage the Common Property and its facilities, improvements, grounds, and landscaping; (c) Obtain landscape maintenance services and other services which in the opinion of the Association shall be necessary and proper for the benefit of the Common Property; (d) Borrow funds to pay costs of operation secured by assignment or pledge of its rights against delinquent Owners; (e) Enter into contracts for legal,management, security, and accounting services (f) Maintain one or more accounts in banks or other financial institutions; (g) Enter into contracts for security services for all or portions of the Property. (h) In order to not unduly impede the further development of the Property, monitor existing and potential future use of the Property. (i) Take action to protect or defend the Property from loss or damage by suit or otherwise; - 11 - • (j) Establish and maintain a working capital and contingency fund; (k) Make an annual report available to each Owner and any Mortgagee within a reasonable time after receipt of a written request; (1) Delegate its powers and duties to committees, officers or employees; (m) Employ personnel for maintenance of the Common Property; and (n) Employ a manager or contract with independent contractors or managing agents who have professional experience to perform all or any part of the duties and responsibilities of the Association; provided, that any contract with a person or entity appointed as manager or managing agent shall be terminable without cause or penalty on not more than 30 days written notice by the Association. SECTION 5 ASSESSMENTS,BUDGETS &LIENS 5.1 Assessments and Owners' Obligation to Pay. (a) Creation of Assessments. Assessments are hereby created for Association expenses as may from time to time specifically be authorized by the Board of Directors, to be commenced at the time and in the manner set forth in Section 5.6 hereof. Each Owner, by acceptance of a deed or recorded contract of sale for any portion of the Property, is deemed to covenant and agree to pay these Assessments. (b) Types of Assessments. There shall be three types of Assessments: (i) General Assessments to fund General Common Expenses for the benefit of all Members of the Association; (ii) Limited Assessments for Limited Common Expenses benefiting fewer than all Members of the Association, and (iii) Special Assessments as described in Section 5.4 below. General Assessments shall be levied on all Lots from,time to time subject to this Declaration, as provided in Section 5.2 below. Limited Assessments shall be levied against all Lots benefiting from the services supported thereby as provided in Section 5.3 below. Special Assessments shall be levied as provided in Section 5.4 below. The Board of Directors shall have the final authority to determine which type of Assessment will be used to cover particular Association expenses. (c) Manner of Payment. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors and, if the Board so elects, Assessments may be paid in two or more installments. Unless the Board otherwise provides, the General Assessment and any Limited Assessment shall be due and payable in advance on the --irst day of each fiscal year. Assessments or any installment thereof not paid 30 days after the due date shall be deemed delinquent. If any Owner is delinquent in paying any Assessment or other charge levied on its Lot, the Board may require any unpaid installments of the annual Assessment and/or any other Assessments to be paid in full immediately. (d) Certificate of Payment. The Association shall, upon demand at any time, furnish to any Owner liable for any type of Assessment a certificate in writing signed by an officer of the Association setting forth whether such Assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment to the Association of any Assessments therein stated to have been paid. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. - 12 - (e) No Waiver or Setoff. No Owner may waive or otherwise exempt itself from liability for Assessments by non-use of the Common Property, abandonment of a Lot or any other means. The obligation to pay Assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of Assessment or set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration or the Bylaws, or for inconvenience or discomfort arising from the making of repairs or improvements that are the responsibility of the Association, or from any action taken to comply with any applicable Law. 5.2 Computation of General Assessment. (a) Preparation of Budget.The Board shall, at least 60 days before the beginning of each fiscal year, prepare a budget covering the estimated General Common Expenses of the Association during the coming year. The budget shall include a capital contribution establishing a reserve fund in accordance with a budget separately prepared, as provided in Section 5.5 hereof. (b) Content of Budget. The budget may include, but shall not be limited to, the following expenses: (i) Cost of maintenance and operation of the Common Property; (ii) Expenses of management; (iii) Taxes and special governmental assessments; (iv) Insurance premiums for insurance coverage as deemed desirable or necessary by the Association; (v) Landscaping,care of grounds, common lighting; (vi) Repairs and renovations of the Common Property; (vii) Common water and utility charges; (viii) Legal and accounting fees; (ix) Management fees; (x) Property security; (xi) Expenses and liabilities incurred by the Association under or by reason of this Declaration; (xii) Payment of any deficit remaining from a previous assessment period; and (xiii) Within the limitations of this Declaration, the creation of a reasonable contingency or other reserve or surplus fund for maintenance, repair and replacement of Common Property improvements on a periodic basis, as needed. (c) Computation of Individual Lot General Assessments. The General Assessment"to be levied for the coming year against each Lot subject to Assessment shall be computed by - 13 - i multiplying the budgeted General Common Expenses by the Percent Membership Interest allocated to each Lot. (d) Approval of Budget. The Board shall cause a copy of the General Common Expense budget and notice of the amount of the General Assessment to be levied against each Lot for the following year to be delivered to each Owner at least 30 days prior to the beginning of the fiscal year. Such budget and Assessment shall become effective unless (i) disapproved at a meeting of the Members by Members representing at least a Majority of the Member Votes in the Association, or (ii) disapproved by Declarant during the Declarant Control Period. There shall be no obligation to call a meeting for the purpose of considering the budget except on petition of the Members for a special meeting made in accordance with the Bylaws. The petition must be presented to the Board within 10 days of delivery of the notice of Assessments. Notwithstanding the foregoing, however, if the proposed budget is disapproved or the Board fails for any reason so to determine the budget for any year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the immediately preceding year shall continue for the current year, and the General Assessment for the current year shall be based on the preceding year budget. 5.3 Computation of Limited Assessments. (a) Separate Budget for Limited Common Expenses. The Board shall, at least 60 days before the beginning of each fiscal year, prepare a separate budget covering the estimated Limited Common Expenses to be incurred by the Association during the coming year. Limited Common Expenses may be levied by the Association against particular Lots where the Board has determined that certain Association expenditures benefit only such Lots. Such budget may include a capital contribution establishing a reserve fund for repair and replacement of capital items, as appropriate. (b) Computation of Individual Lot Special Assessments. Limited Common Expenses shall be allocated among all Lots benefited thereby proportionately based upon each Lot's relative Percent Membership Interest or in such other manner as the Board determines is more equitable. The Assessment for Limited Common Expenses shall be levied as a Limited Assessment. (c) Approval of Limited Common Expenses Budget. The Board shall cause a copy of such budget and notice of the amount of the Limited Assessment to be levied on each Lot for the coming year to be delivered to each Owner of a Lot subject to a Limited Assessment at least 30 days prior to the beginning of the fiscal year. Such budget and assessment shall become effective unless (i) disapproved at a meeting of the Members by Members representing at least two-thirds of the Member Votes allocated to the Lot(s) subject to the Assessment, or (ii) disapproved by Declarant during the Declarant Control Period. There shall be no obligation to call a meeting for the purpose of considering the budget except on petition of Owners of at least one of the Lots subject to the Limited Assessment. If the proposed budget for any Limited Common Expense is disapproved or the Board fails for any reason so to determine the budget for any year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the immediately preceding year shall-continue for the current year. 5.4 Special Assessments. (a) Purpose. The Association, acting through its Board of Directors, may levy Special Assessments against all or less than all of the Lots for the following purposes: (i) to cure insufficiencies in the General Assessments due to extraordinary expenses not contemplated - 14- in the General Assessment budget for a fiscal year; (ii) for additional capital improvements or acquisitions of Common Property; (iii) for major repairs or renovations of existing Common Property within the PUD (other than those contemplated by the reserve budget created under Section 5.5); and/or (iv) to offset an extraordinary expense created by an Owner's particular use of one or more Lots. (b) Special Assessments Affecting the Entire Membership. The Board may levy Special Assessments against all Lots from time to time, provided that the total amount of the Special Assessment levied during any fiscal year shall not exceed the greater of(1) $20,000 or (ii) twenty-five (25%) percent of the General Common Expense budget for such fiscal year. Any Special Assessment in excess of such limitation shall be effective only upon approval by a Majority of the Member Votes and, if the Special Assessment is made during the Declarant Control Period, the written consent of Declarant. Special Assessments levied against the entire membership shall be allocated among the Lots proportionately based upon the Percent Membership Interest allocated to each Lot. (c) Special Assessments Affecting Less Than All Members. The Association may levy a Special Assessment against any one or more (but less than all) Lots (i) to offset an extraordinary expense created by a particular use of one or more Lots; or(ii) to reimburse the Association for costs incurred in bringing a Lot or Member into compliance with the provisions of the Declaration, Bylaws or Association rules. A Special Assessment may be levied upon the vote of the Board after notice to the Member and an opportunity for a hearing. 5.5 Reserve Budget and Capital Contribution. The Board of Directors shall annually prepare a reserve budget to take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall set the required capital contribution in an amount sufficient to permit meeting the projected needs of the Association, as shown on the budget, with respect both to amount and timing by annual General Assessments over the period of the budget. The capital contribution required, if any, shall be fixed by the Board and included within and distributed with the applicable budget and notice of Assessments, as provided in this Section 5. 5.6 Date of Commencement of Assessments. The obligation to pay Assessments shall commence as to each Lot on the first day of the month following the month in which the Lot is made subject to this Declaration. Until the Association makes such Assessments, Declarant shall pay all the expenses of the Association. Assessments shall be due and payable in a manner and on a schedule as the Board of Directors may provide. The first Assessment levied on a Lot shall be adjusted according to the number of months remaining in the fiscal year at the time Assessments commence on the Lot. 5.7 Lien of Assessments; Foreclosure. All Assessments, together with interest at a rate of 10.0%per annum computed from the date a delinquency first occurs, late charges, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Assessment is made until paid. Each such Assessment, together with interest, late charges, costs, and reasonable attorney's fees, shall also be the personal obligation of the Owner of the Lot at the time the Assessment arose, and, if title is transferred, such Owner's grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance, except no first Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage shall be liable for unpaid Assessments that accrued prior to such acquisition of title. The Association may record a notice of lien against the Lot(s) and (i) bring a claim for relief against the Owner personally obligated to pay the same and/or (ii) foreclose the lien against the Lot(s) in the same manner as provided by law for the foreclosure of a mortgage on real property. The Association shall be entitled in any such proceedings to recover its costs - 15 - 0 and expenses, including but not limited to reasonable attorney's fees. If a default for which a notice of lien was filed is cured, the Association shall file a release of such notice; provided, however, that the defaulting Owner shall be responsible for the costs (including reasonable attorney's fees) of preparing and filing such release. 5.8 Subordination of the Lien to First Mortgages. The lien of Assessments, including interest, late charges, and costs (including reasonable attorney's fees) provided for herein, shall be superior to all other liens and encumbrances, except for taxes, assessments, and special assessment liens imposed on the Property by a statutory authority, other statutory liens, and the lien of a first Mortgage upon any Lot. The sale or transfer of any Lot shall not affect the Assessment lien, except that the sale or transfer of any Lot pursuant to judicial or non-judicial foreclosure of a first Mortgage shall extinguish the lien of such Assessments as to payments that became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from lien rights for any Assessments thereafter becoming due. Where the Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title pursuant to judicial or non judicial foreclosure of the Mortgage, it shall not be liable for the share of the Common Expenses or Assessments by the Association chargeable to such Lot which became due prior to such acquisition of title. Such unpaid share of Common Expenses or Assessments shall be deemed to be Common Expenses collectible from Owners of all the Lots, including such acquirer, its successors and assigns. 5.9 Exempt Property. Notwithstanding anything to the contrary herein, the following property shall be exempt from payment of Assessments: (a) All Common Property; and (b) Unless otherwise determined by the Association, all property dedicated to and accepted-by any governmental authority or public utility. 5.10 Assessment Obligation of Declarant. After the commencement of General Assessments, Declarant, on behalf of itself and its successors and assigns, covenants and agrees to pay the full amount of Assessments provided herein for each Lot that it owns. Notwithstanding anything to the contrary herein, Declarant may contribute Assessments due from it in services or materials or a combination of services and materials, rather than in money (collectively, an "in kind contribution"). The amount by which Assessments shall be decreased as a result of any in kind contribution shall be the fair market value of the contribution. If Declarant and the Association agree as to the value of any contribution, the value shall be as agreed. If the Association and Declarant cannot agree as to the value of any contribution, Declarant shall supply the Association with a detailed explanation of the service performed and material furnished, and the Association shall acquire bids for performing like services and furnishing like materials from three independent contractors approved by Declarant who are in the business of providing such services and materials. If the Association and Declarant are still unable to agree on the value of the contribution, the value shall be deemed to be the average of the bids received from the independent contractors. SECTION 6 MAINTENANCE 6.1 Association's Maintenance Responsibility. The Association shall maintain the Common Property and keep it in good repair. Maintenance shall be funded by Assessments as provided herein. The Association shall be responsible for maintenance, repair, and replacement of all landscaping, structures, and improvements now or hereafter located upon the Common Property, including, without limitation, the following: (a) Irrigation of lawn and landscaped areas; - 16 - (b) Maintenance of lawn and landscaped areas for attractive appearance; (c) Maintenance of irrigation systems; (d) Maintenance of driveways and parking areas, including cleaning, curb repair, striping, resurfacing, etc.; (e) Maintenance of storm drainage conveyance and treatment systems; (f) Maintenance of walkways and trails; (g) Snow removal from parking areas, roadways, and walkways; (h) Maintenance,of area lighting systems; (1) Maintenance of common signs; and 0) Maintenance of garbage and trash containers in common refuse disposal areas. Performance by the Association shall in no way relieve an Owner or Occupant from primary responsibilities for maintenance referred to in Section 6.2 hereof. Easements over the Property as are reasonably necessary to enable the Association, and its agents, contractors, and employees, to access and inspect the Property and to fulfill responsibilities under this Section are hereby reserved to the Association. 6.2 Owners' Maintenance Responsibility. (a) Owners'Maintenance. Each Owner shall at all times maintain its Lot and all structures and other Improvements located thereon in good order and repair, in a safe, clean, and wholesome condition, and free of debris. Such maintenance obligation shall include, but shall not be limited to: (i) Promptly removing all litter,trash,refuse,and wastes; (ii) Maintaining the exterior of all structures and other Improvements in good condition and repair; (iii) Keeping Improvements, exterior lighting, and maintenance facilities in good repair and working order; (iv) Repainting of Improvements; (v) Keeping lawn and landscaped areas alive, free of weeds, and attractive; (vi) Keeping parking, loading areas, and driveways in good repair; (vii) Removing snow from walkways,driveways, and parking areas; (viii) Complying with all applicable governmental, health, fire, and safety regulations, codes,regulations,requirements, and directives; - 17 - (b) Maintenance of Common Propery Damaged by Misuse. Except to the extent that such damage is covered by the Association's insurance, each Owner shall be responsible for the costs of making all repairs and replacements to the Common Property proximately caused by the willful misuse or the negligence of such Owner, or its Tenants, Occupants, employees, agents, and invitees. (c) Destruction of Improvements on Lots. If the Improvements on any Lot are totally or partially damaged or destroyed by fire or any other cause, each Lot Owner covenants and agrees to commence all necessary repairs, reconstruction or complete removal of the damaged Improvements within three (3) months of the date the damage occurs and to continue diligently such repairs, reconstruction or removal until completed within a reasonable time from the commencement of such work. Delays in commencement of construction may be granted for good cause at the sole discretion of the Association. (d) Repairs; Replacements. All repairs, alterations, replacements or additions to Improvements shall be at least equal to the original work in class and quality. The adequacy of such repairs shall be measured by the same standards required for the original construction. Maintenance work shall be in compliance with the Design Guidelines and, depending upon the scope of work, may be subject to prior review and approval of the Cannery District Review Committee. (e) Enforcement; Remedies. If an Owner fails to perform properly such Owner's maintenance responsibilities, the Association may perform them and assess all costs incurred by the Association against the Lot and the Owner. However, except where entry is required due to an emergency situation, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry. The notice shall set forth with reasonable particularity the maintenance, repairs or replacements deemed necessary. The Owner shall have 10 days within which to complete such maintenance, repairs or replacements. If the maintenance, repairs or replacements are not reasonably capable of completion within the 10-day period, the Owner shall commence such work promptly and diligently proceed to complete it within a reasonable time. If the Owner does not comply with the provisions hereof, the Association shall have the right and power to enter onto the Lot and perform such maintenance, repairs or replacements without any liability to any Person for damages for wrongful entry, trespass or otherwise. The Owner of the Lot on which the work is performed shall be liable (jointly and severally, if more than one) for the cost of such work and shall promptly reimburse the Association for such cost, together with interest at the same rate as provided for delinquent assessments, costs and expenses of collection, court costs, and reasonable attorney's fees (collectively "charges"). The charges shall also be a continuing lien against the Lot on which the work was performed. If the Owner fails to reimburse the Association within 30 days after receipt of a statement for such work from the Association, the Association may record a notice of lien against the Lot. The Association may foreclose the lien in the same manner as a lien for Assessments, and it shall be entitled to recover, in addition to the charges, all costs and expenses of lien enforcement, including court costs and reasonable attorney's fees. 6.3 Noxious Weeds. The control of noxious weeds by the Association on those areas for which the Association is responsible and the control of noxious weeds by each Owner on its respective Lot shall be as set forth and specified under the Montana Noxious Weed Control Act (Montana Code Annotated Sections 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The Association is responsible for control of state and county declared noxious weeds in and on the Common Open Space Lots. Each Owner shall be responsible for the control of the state and county declared noxious weeds on its Lot. Both unimproved and improved Lots shall be managed for noxious weeds. If an Owner fails to control - 18 - i the noxious weeds after 10 days notice from the Association (given in accordance with the provisions of Subsection 6.2(e) above), the Association may cause the noxious weeds to be controlled, and the Association shall have the enforcement authority and remedies provided in Subsection 6.2(e) of this Declaration. 6.4 Storm Water Maintenance Plan. (a) General Information. The Cannery District utilizes Low Impact Development ("LID") to mitigate storm water impacts. The storm water facilities consist of curb and gutter, drainage swales, bio-retention areas(bio-swales),conveyance piping, and a final retention basin. The system is designed to accommodate all storm water from the Property. A document entitled Storm Water Management Plan and Record Drawings is on file at the City of Bozeman, Engineering Department. The principal storm water conveyance and treatment facilities are located on the Common Open Space Lots, and are owned by Association. Privately owned LID storm water facilities serving individual Lot development are encouraged and private facilities are allowed to connect to the Association facilities through the Common Open Space Lots. The Association is responsible for maintaining storm water facilities on the Common Open Space Lots except for private underground service lines, which are to be maintained by the Lot Owner. All storm water facilities located on privately owned Lots shall be maintained by the Lot Owner in accordance with the applicable maintenance schedule provided in this Paragraph 6.4(b). The storm water facilities are designed to operate without excessive maintenance. However, like all infrastructure, periodic maintenance will prevent costly repair and replacement. The maintenance plan set forth in this Section 6.4 has been prepared in accordance with City of Bozeman guidelines. Over time, recommended maintenance guidelines may evolve. Please contact the City of Bozeman Storm Water Division if any questions arise. (b) Storm Water Facilities Maintenance Schedule. (i) Site Housekeeping. Site housekeeping is to be conducted continuously as needed. The main cause of storm water facility damage is poor site housekeeping. Sediment tracked onto pavement can be washed into storm water bio-retention basins and conveyance piping and damage these facilities. Trash can clog pipes and inlet structures causing property damage. Site housekeeping consists of the following: • Keep sidewalk and pavement areas clean • Pick up trash • Restore damaged landscaping in order to prevent sediment runoff (ii) System Monitoring. System monitoring is to be conducted quarterly, except in winter. The storm water facilities shall be inspected quarterly to quickly identify small issues before expensive damage can occur. In addition to regular monitoring, the best time to inspect the performance of storm water facilities is during runoff events. System monitoring consists of the following: • Observe system during runoff. Look for ponding outside of retention areas. This can indicate a clogged inlet or pipe. • Inspect bio-retention and retention basins - 19 - • Inspect inlets, manholes and pipes (iii) Bio-retention and Retention Basin Maintenance. Bio-retention and retention basin maintenance is to be conducted quarterly. The bio-retention and retention basins are designed to provide long-term, sustainable treatment of storm water. With poor housekeeping, however, sediment can clog these facilities and reduce infiltration capacity. Proper and timely cleaning of incidental sediment in these basins can prevent these facilities from being damaged. The bio-retention and retention basins are intended to be vegetated, since the vegetation provides microbiological communities that can treat common pollutants in storm water. Unhealthy vegetation can diminish the performance of these basins. The landscaping of the bio-retention basins shall follow typical landscape maintenance guidelines. The vegetation on the bottom of the retention basin should not be regularly mowed, since mowing can cause plant debris to build up in the basin. Bio-retention and retention basin maintenance consists of the following: • Remove sediment, trash, and debris • Inspect for healthy vegetation • Inspect for uniform ponding and water disappears in 3 days (iv) Bio-retention and Retention Basin Maintenance. Bio-retention and retention basin maintenance is to be conducted annually. The vegetation should be maintained annually to reduce plant debris build-up. The retention basin vegetation should be cut to a height of 6" in the fall with the clippings removed from the basin. Bio-retention and retention basin maintenance consists of the following: • Remove dead plant materials from bio-retention basins. • Cut retention basin vegetation and remove clippings. (v) Bio-retention and Retention Basin Maintenance. This maintenance is to be conducted long-term if and when necessary. If regular housekeeping and maintenance is not performed adequately, sediment and debris can accumulate in the basin and reduce the required storage capacity. If this occurs the basins should be excavated back down to original plan grade. Long-term bio-retention and retention basin maintenance consists of the following: • Hire a contractor to inspect and return basin condition to initial design found on City engineering plans. • Dredge basin if sediment build-up is greater than 6" (vi) Inlets, Manholes, and Piping Maintenance. Inlets, manholes, and piping maintenance is to be conducted quarterly. All storm water inlets and manholes have a sump to capture sediment. If this sediment is not periodically removed it can wash downstream and clog infiltration facilities. The sump is typically visible from the surface through the inlet grate. Inlets, manholes, and piping maintenance consists of the following: • Remove visible sediment from sump. • Inspect pipe inlets and outlets for sediment in pipe, and remove if present. (vii) Inlets,Manholes, and Piping Maintenance. This maintenance is to be conducted long- term if and when necessary. If regular housekeeping and maintenance is not performed adequately, sediment and debris can accumulate in the storm water -20 - conveyance piping, and pipes may become clogged. Long-term inlets, manholes, and piping maintenance consists of the following: • Hire a contractor to clean pipes and remove all sediment from manhole sumps. SECTION 7 COMMON PROPERTY 7.1 Description of Common Property Declarant intends to convey to the Association the tracts delineated as the "Common Open Space Lots" on the Final Plat of the Cannery District subdivision, together with the Improvements located thereon. Upon Declarant's conveyance of such property to the Association, such property shall be Common Property to be maintained by the Association for the use and benefit of its members, and Declarant shall have no further obligation to improve or maintain any portion of the Common Property. 7.2 Intent. Declarant intends to develop the Common Property in each Phase prior to conveying it to the Association by installing certain Improvements, amenities, and facilities thereon that will serve to enhance the appearance and enjoyment of the Property for Owners, Tenants, and Occupants. Such Improvements may include parking areas, walkways, curbs, trails, a lighting system, landscaped areas, patios, signs or structures intended to identify and promote occupancy of the Property, and other similar or related Improvements. Notwithstanding the foregoing, Declarant does not warrant by this Declaration that it will construct any specific improvements on the Common Property. 7.3 Right of Access. In order for Declarant to construct, place or maintain structures and Improvements on the Common Property as contemplated by the provisions of this Declaration, Declarant reserves for itself the free and unrestricted right of access upon and across each Lot. Each Owner of a Lot, by accepting title thereto, shall be deemed to have consented to the foregoing reservation and to have granted the foregoing right, and shall give notice of Declarant's reservation of right of access to any Tenant or Occupant of any Lot. The rights of Declarant pursuant to this reservation shall be exercised with diligent efforts to avoid interfering with the normal operations and activities of any Owner,Tenant or Occupant. SECTION 8 USE RESTRICTIONS AND RULES 8.1 Generally. The Property shall be used only for the uses hereinafter set forth. Any Supplemental Declaration may impose stricter standards than those contained in this Section 8. The Association, acting through its Board of Directors, shall have standing and the power to enforce such standards. The Association, acting through its Board of Directors, shall have authority to make and enforce rules governing the use of the Common Property, in addition to those contained herein. 8.2 Laws and Ordinances. No Owner shall permit anything within Owner's control to be done or kept in any building or on such Owner's Lot that would violate any Laws or that will result in the cancellation of, or increase the premiums for, any insurance carried by the Association, or that would be in violation of any rule or regulation promulgated by the Association. The Owner shall obtain any and all required governmental permits, approvals, and authorizations prior to beginning any construction. If there are differences between restrictions imposed by these Covenants or by applicable Law, the more restrictive shall apply. 8.3 Inspection. Authorized representatives of the Association may from time to time, during reasonable hours and with reasonable notice, enter upon and inspect any Lot to ascertain whether or not the Declaration has been or is being complied with. Such person or persons shall not be deemed guilty of trespass by reason of such entry. -21 - 8.4 Operations and Uses. Lawful operations and uses that are neither specifically prohibited nor specifically authorized by this Declaration may be permitted in specific cases if operational plans and specifications are submitted to and approved in writing by the Association. 8.5 Prohibited Uses. (a) . In addition to uses which are inconsistent with municipal zoning for the Property or are prohibited or restricted by other covenants, conditions, restrictions or easements that are recorded in the chain of title respecting the Property, or are otherwise prohibited pursuant to this Declaration, and not as an exhaustive list, the following uses and activities are prohibited within the Property: • Adult-oriented establishments(see Section 8.5(b)) • Automobile body shop • Automobile parking garage • Automobile service and/or repair facility • Bus or taxi terminal • Carwash • Casinos • Dumping, disposal, incineration, treatment, processing or reduction of garbage, sewage, offal,dead animals or refuse • Frozen food storage and locker rental • Gasoline sales or sales of other flammable and dangerous materials • Large scale industrial, manufacturing or agricultural uses. Small scale industrial and manufacturing uses such brewing or distilling facilities or product. assembly are allowed with approval of the Board of Directors and any and all necessary governmental approvals • Laundromat, laundry or dry cleaning facility (but not including facilities that are solely for delivery and pickup of laundry or dry cleaning) • Mortuary • Recycling facility • Vehicle, mobile home, and boat sales and rental • Warehousing or indoor storage of goods or material in quantities greater than normally incidental to the uses permitted in this Declaration • Any other use, that in the sole judgment of the Board of Directors (i) is incompatible with the specifically permitted uses or the desired mix of uses; (ii) adversely affects market value of other Lots; or (iii) may interfere with the expectation of other Owners' quiet enjoyment of their Lots. (b) Adult-Oriented Establishments. For purposes of this Declaration, the term "adult-oriented establishments" shall include, without limitation: (i) Adult bookstore. Adult bookstores are establishments having *a substantial or significant portion of their stock and trade in, or an establishment which, as one of its principal business purposes, offers for sale, books, films, video cassettes or magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. (ii) Adult Entertainment studios. Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of .-22 - the premises for the purpose of viewing adult oriented motion pictures, or where an entertainer provides adult entertainment to a member of the public, a patron or member. An adult entertainment studio shall include any such premises, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, massage parlor or any other term of like import. This section shall not be deemed to bar premises offering therapeutic, sports or other types of massage provided on the assigned order of a licensed physician,osteopath, chiropractor or physical therapist. (iii) Other businesses. The operation of any business that involves, in whole or in significant part,the sale, lease,trade, gift or display for sale of any obscene materials. For purposes of this Declaration, "Adult Entertainment" shall mean: (A) an exhibition of any adult oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; and/or (B) a live performance, display or dance of any type, which as a significant or substantial portion of the performance, includes any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling or any other person services offered customers. 8.6 Permitted Uses. Unless a use is prohibited or limited in the previous Section or elsewhere in this Declaration, the Property may be used for any use allowed or conditionally allowed by the municipal zoning of the Property. The Property is either presently zoned B-2 (Community Business District) or will have such zoning designation upon annexation into the City of Bozeman. Commercial, business, professional, and certain compatible, light industrial uses are encouraged on the Property 8.7 General use provisions. The following general provisions shall apply to all Lots, unless otherwise provided herein: (a) Building Size and Height. No building shall be constructed, other than incidental or accessory structures, which contain less than the minimum square feet of gross floor area designated in the Design Guidelines, unless otherwise approved by the CDRC and the Association. The footprint of such building shall occupy at least the minimum building envelope designated in the Design Guidelines. No building, structure or other Improvement shall exceed the height limitation designated in the Design Guidelines. (b) Building Occupancy. No building shall be occupied by more Occupants than specified in the Design Guidelines,unless otherwise approved by the CDRC and the Association. (c) Temporary Structures, Tents, Trailers, and Storage. No temporary structure, tent or trailer of any kind shall be erected or placed upon any Lot, except for temporary construction offices during a construction period. All construction offices must be removed within 30 days after completion of construction. (d) Landscaping. To the extent any Lot may have open space, such space shall be landscaped in accordance with a plan submitted to and approved in writing by the CDRC. The plan shall be approved prior to any development of the Lot. The plan shall include information regarding the type of seeding and/or sodding, types of trees, hedges and shrubs, and information regarding other landscape treatment for the entire site, such as fences, walls, and screening. All landscaping shall be undertaken and completed in accordance with the approved plan, and the plan may not be substantially modified without submitting a revised -23 - landscape plan for prior written approval by the CDRC. All landscaping required hereunder or otherwise to be provided on any Lot shall be completed within the time frame established by the CDRC. (e) Signs. No exterior signs shall be permitted anywhere on the Property without prior written approval of the CDRC. All signs shall be consistent with the Design Guidelines and shall comply with this Declaration and all applicable Laws. (f) Architectural Design and Materials. No building, structure or other Improvement may be constructed, erected, placed, altered or permitted on any Lot until plans and specifications detailing exterior elevations, architectural style, materials and colors have been submitted to and approved in writing by the CDRC. Such approval shall be subject to the Design Guidelines governing architectural styles and quality of building design, appearance, siding, materials, colors, and other attributes that will enhance the overall appearance and environment of the Property. (g) Outdoor Storage. No outdoor storage shall be permitted anywhere on the Property without prior written approval of the Association. (h) Outside Storage Tanks. No outside storage tanks shall be permitted on the Property. (i) Exterior Lighting. No exterior lighting shall be permitted on any Lot without prior written approval of the CDRC.No flashing or intermittent light of any kind shall be permitted. (j) Air Conditioning Units. No window air conditioning units may be installed in any renovation or new construction, except as may be permitted by the CDRC. (k) Antennas, Towers, and Satellite Dishes. No exterior antennas, towers, satellite dishes or other apparatus for sending or receiving of radio, television, electromagnetic or microwave signals shall be placed upon any Lot, building, structure or Improvement without the prior written approval of the CDRC. The CDRC may give or deny approval subject to applicable Law. The CDRC may impose size limitations on such equipment and screening, location, and placement requirements as conditions of approval. (1) Fences. Unless approved in writing by the CDRC, no fences, ornamental screens or walls of any nature shall be erected or maintained on or around any portion of any Lot. (m) Utility Lines. All utility easements must be observed, the location of which are available from the Association. All new and extended utility lines shall be placed underground, unless otherwise approved by the Association. (n) Tree Removal. No trees shall be removed from the Property without the prior written consent of the CDRC, except for dead trees and trees posing imminent safety concerns. . (o) Drainage. No Owner or Occupant may obstruct or rechannel drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves a perpetual easement across all the Property for itself and the Association for the purpose of inspecting drainage and water flow. (p) Explosives and Combustible Materials. All activities carried out in buildings and Improvements that conform to the standards of the National Board of Fire Underwriters. No highly flammable or explosive liquids, solids or gases shall be stored in bulk on the Property. All materials or wastes that might cause fumes, constitute a fire hazard or attract -24 - • 0 rodents or insects may be stored on the Property only if they are enclosed in approved containers that are adequate to eliminate such hazards and if such storage is in accordance with applicable Law. (q) Animals and Pets. No animals of any kind shall be raised, bred or kept on the Property except as provided in this Paragraph. Owners and Occupants may bring, and may permit their respective employees, agents, and invitees to bring, dogs, cats, and other ordinary, household pets onto the Common Property, subject to rules and regulations from time to time adopted by the Association. Owners and Occupants may bring, and may permit their respective employees, agents, and invitees to bring, dogs, cats, and other ordinary, household pets onto their respective Lots and into the buildings thereon, subject to rules and regulations from time to time adopted or imposed by the Lot Owner (including a building owners association, if applicable). A Lot Owner may permit owners and occupants of residential dwellings located on such Owner's Lot to keep dogs, cats, and other ordinary house pets in the dwellings subject to rules and regulations adopted or imposed by the Owner; provided that no residential dwelling shall house more than two (2) pets. In all cases, bringing pets onto the Property or keeping pets in residential dwellings on a Lot shall be subject to all applicable Law, including but not limited to animal control laws, ordinances, and leash laws. All pets must be controlled and maintained so as not to annoy or be offensive to other Owners or Occupants or to their respective employees, agents, and invitees. Pet owners shall immediately and thoroughly clean up after their pets on the Property. No kennels, tethers, exercise lines, or the like shall be permitted anywhere on the Property. If the Association receives two(2) or more complaints regarding a pet within any twelve-month period, the Board may, after giving appropriate notice of, and opportunity for, a hearing, order the removal or cause the removal of the animal from the Property. An Owner or Occupant who causes or permits any animal to be brought or kept upon the Property shall indemnify and hold harmless the Association and Declarant from any loss, damage, liability or expense (including reasonable attorney fees) which the Association and/or Declarant may sustain as a result of the animal's presence. (r) Nuisance and Unsightly or Unkempt Conditions. Each Owner and Occupant shall have the responsibility to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on its Lot. No Lot shall be used in whole, or in part,,for the storage of any property or thing that will cause the Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye. No nuisances shall be permitted to exist or operate on any Lot so as to be offensive or detrimental to another Lot or its Occupants. Nuisances include, but are not limited to, the following conditions insofar as they may disturb the peace, quiet, safety, and comfort of the Occupants of other Lots or neighboring property: foul or obnoxious odors, noise, vibration, electro-magnetic disturbance and radiation, air or water pollution, and dust. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Property. Trash, garbage, debris or other waste matter of any kind may not be burned within the Property. No speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any structure unless approved by the Association. 8.8 Construction. (a) Construction Vehicular Traffic. During the course of construction activity on any Lot, the Lot Owner shall keep all Common Property free of dirt, debris, and the like, and shall repair any construction vehicle damage to any Common Property at the Lot Owner's sole expense. -25 - (b) Completion of Construction. When a Lot is sold or leased by Declarant to speculative builders or developers, the Association may require a performance bond to ensure that such builder or developer will conform to this Declaration and the Design Guidelines and that within a specified period of time such builder or developer will (1) finish all exterior walls and complete installation of all windows and doors; (ii) complete all driveways and walkways on the Lot; (iii) remove all construction debris; and (iv) complete all required landscaping on the Lot. Upon completion of any on-site construction improvements, the Lot Owner shall notify the Association. The Association, or its designee shall inspect the Lot for compliance with this Declaration and the Design Guidelines. (c) Excavation and Grading. No site preparation shall be permitted until all approvals and permits are in place and approved by the Association. No excavation shall be made except in conjunction with the construction of an Improvement. 8.9 Parking. Vehicles may be parked only in designated parking spaces on the Property. All parking on the Common Property shall be subject to such rules and regulations as the Board may adopt. Owners, Occupants, and Tenants of Lots shall be responsible for enforcing this requirement with respect to their employees and visitors. The Board may, in its sole discretion and upon such conditions as it may determine, approve an Owner's application for assigned or otherwise restricted parking spaces; provided, however, that such approval may be revoked by the Board at any time. SECTION 9. DESIGN REVIEW PROCESS AND PROCEDURES. 9.1 Cannery District Review Committee. The Cannery District Review Committee ("CDRC") shall consist of no less than three (3) or more than five (5) members appointed by the Board. CDRC Members need not be Board members, Owners or affiliates of Owners. Until the Board acts to appoint CDRC members, the CDRC shall be comprised of Board members, and their CDRC terms shall be concurrent with their terms as directors. The CDRC shall be responsible for the design review duties and functions specified in this Declaration. 9.2 CDRC Review Required. No exterior construction, alteration, addition or renovation of any building, structure, parking lot, sign, wall or other Improvement of any kind or nature shall be commenced on the Property, except such as is (a) installed by Declarant, (b) reviewed by the CDRC and approved by the Board in accordance with this Section 9, or (c) otherwise expressly permitted in this Declaration. No such construction, alteration, addition or renovation shall be made unless and until plans and specifications detailing at least the nature, kind, shape, height, materials, and location shall have been properly submitted in writing to and approved by the Association after recommendation from the CDRC. 9.3 Employment of Architects, Engineers or Other Persons. The Association may employ architects, engineers or other persons necessary to enable the CDRC to perform its review. The CDRC may, from time to time, delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qualified persons, which shall have full authority to act on behalf of the CDRC for all matters delegated. 9.4 Review Fee and Address. The Association may establish a review fee to cover the cost of review of plans and specifications consistent with the type of review being conducted. Plans and specifications shall not be deemed submitted to the CDRC unless and until the review fee has been paid to the Association. The address of the CDRC shall be the office of the Association. -26 - 9.5 Design Guidelines. The initial Design Guidelines and procedures have been created and are hereby adopted by Declarant. The Design Guidelines are on file in the records of the Association, and copies of the current Design Guidelines shall be made available to all Owners and prospective Owners in accordance with procedures established by the CDRC. The Design Guidelines shall be explanatory and illustrative of the general intent of the development of the Property, and they are intended as a guide to assist the CDRC in reviewing plans and specifications. Except for those Design Guidelines required as a condition of PUD plat approval, the Design Guidelines shall not be binding upon the CDRC and shall not constitute in every event the basis for a recommendation of approval or disapproval of plans, specifications or other materials submitted to the CDRC for review. The Design Guidelines may be amended from time to time by the Association; provided, however that if a design standard proposed for amendment was required and included in the Design Guidelines as a condition of PUD plat approval, then the City of Bozeman must approve the amendment before it is effective. No improvements constructed in accordance with plans and specifications approved by the CDRC and Association in accordance with the then applicable Design Guidelines shall be required to be changed because the design standards set forth therein are thereafter altered or amended. 9.6 Plan Review and Approval. All development plans shall be reviewed and approved in accordance with procedures established by the Association, which procedures may be set out in the Design Guidelines. 9.7 Right to Inspect. Authorized Association representatives may from time to time, during reasonable hours and with reasonable notice, enter upon and inspect any Lot to ascertain whether or not the site development approval has been, or is being, complied with. Such person or persons shall not be deemed guilty of trespass by reason of such entry. 9.8 Construction Compliance. The Association may require, in writing, any Owner to restore such Owner's improvements to the condition existing prior to the construction thereof (including, without limitation, the demolition and removal of any unapproved Improvement) if such Improvements were commenced or constructed in violation of this Section 9. In addition, the Association may (but has no obligation to) with due notice cause such restoration, demolition, and removal and levy the amount of the cost thereof as a Special Assessment against the Lot upon which such Improvements were commenced or constructed. The Association shall take no action with respect to nonconforming or unapproved improvements until completion of the following review and appeal process if the Owner elects by written notice to the Association to institute such process: (a) Within 15 days of written notice of appeal by the Owner, such Owner and the Association shall each appoint a duly licensed architect to determine whether a violation exists. These two architects shall then choose a mutually acceptable third architect within 10 days after the expiration of the 15-day period. (b) Within 30 days after the appointment of the third architect, a majority of the three architects shall determine whether a violation exists. A written determination shall be filed with the Association and provided to the Owner. (c) If a violation is determined to exist, the Association shall, in its reasonable discretion, determine the manner in which the violation shall be remedied, which remedy may include reasonable fines and fees for architectural services. The Association shall make such determination within 15 days of the above determination of a violation. The Owner shall be notified in writing of any required remedial action. -27 - • 9.9 Notice of Noncompliance or Noncompletion. Notwithstanding anything to the contrary contained herein, after expiration of one (1) year from the date of substantial completion of construction of any Improvements on the Property, the Improvements shall be deemed to be in compliance with all provisions of this Section 9, unless actual notice of such noncompliance and noncompletion, executed by the Association or its designated representatives, has been delivered to the Owner. For the purposes of this Section, "substantial completion" shall be defined in the manner adopted by the American Institute of Architects. Subsequent improvements, alterations or repairs to a Lot shall not entitle the CDRC to review for compliance any Improvements substantially completed more than one (1) year prior to the more recent improvements, alterations or repairs that are subject to review. 9.10 No Liability. Plans and specifications are not reviewed or approved for engineering or structural design, code compliance or quality of materials. By approving such plans and specifications neither the CDRC, the Association, or Declarant assumes liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. To the fullest extent permitted by Law, neither Declarant, the Association, the CDRC, nor officers, directors, members, employees and agents of any of them, shall be liable for damages to anyone submitting plans and specifications to any one of them for approval, or to any Owner of property affected by these restrictions by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans and specifications and every Owner agrees to refrain from bringing any action or suit against Declarant, the Association, the CDRC, the Board, or officers, directors, members, employees and agents of any of them, to recover any such damages and hereby waives and releases all claims, demands, and causes of action arising out of or in connection with any judgment, negligence or nonfeasance and hereby further waives the provision of any law which provides that a general release does not extend to claims, demands, and causes of action not known at the time the release is given. SECTION 10. INSURANCE AND CASUALTY LOSSES. 10.1 Insurance on Common Property. (a) Property Insurance. The Association's Board of Directors, or its duly authorized agent, shall have the authority to and shall obtain blanket "all-risk" property insurance, if reasonably available, for all insurable Improvements on the Common Property. If blanket "all-risk" coverage is not reasonably available, then at a minimum an insurance policy providing fire and extended coverage shall be obtained. The face amount of such insurance shall be sufficient to cover the full replacement cost of any repair or reconstruction of the Common Property if it is damaged or destroyed from any insured hazard. (b) Liability Insurance. The Board shall also obtain a public liability policy covering the Common Property, insuring the Association and its Members for all damage or injury caused by the negligence of the Association, any of its Members, employees or agents, or any other Person who has a right to occupy a Lot. The public liability policy shall initially have limits of liability of at least$2,000,000 (combined single limit) covering all claims for death and personal injury (including medical payments) and/or property damage arising out of a single occurrence. If, in the opinion of the Board based on industry and local standards, the insurance coverage limits of the public liability policy become inadequate, the Board may increase the insurance coverage limits as reasonably determined by the Board to be adequate. (c) Premiums, Deductible. Premiums for all insurance on the Common Property shall be Common Expenses of the Association and shall be included in the General Assessment. -28 - • • The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the coverage required hereunder. The deductible shall be paid.by the party who would be liable for the loss or repair in the absence of insurance and if there are multiple parties shall be allocated in relation to the amount each parry's liability for loss bears to the total. (d) Insurance Criteria. All insurance coverage obtained by the Board of Directors shall be written in the name of the Association as trustee for the respective insurance beneficiaries, as further identified in subsection (ii) below. The following provisions shall govern such insurance: (i) All policies shall be written with a company authorized to do business in the State of Montana that holds a Best's rating of B+ or better and is assigned a financial size category of VI or larger as established by A. M. Best Company, Inc., if reasonably available, or, if not available, the most nearly equivalent rating that is available. (ii) All policies on the Common Property shall be for the benefit of the Association and its Members. (iii) Exclusive authority to adjust losses under policies obtained by the Association on the Common Property shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any,related thereto. (iv) In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into .contribution with insurance purchased by individual Owners, Occupants or their Mortgagees. (v) All property insurance policies shall have an inflation guard endorsement, if reasonably available, and, if the policy contains a co-insurance clause, it shall also have an agreed amount endorsement. (vi) The Association's Board of Directors shall be required to use reasonable efforts to secure insurance policies that will provide the following: • A waiver of subrogation by the insurer as to any claims against the Association's Board of Directors, officers, employees and manager, the Owners and Occupants of Lots, and their respective Tenants, servants, agents, and guests; • A waiver by the insurer of its rights to repair and reconstruct, instead of paying cash; • A statement that no policy may be canceled, invalidated, suspended or subject to nonrenewal on account of any one or more individual Owners; • A statement that no policy may be canceled, invalidated, suspended or subject to nonrenewal on account of any curable defect or violation without prior demand in writing delivered to the Association to cure the defect or violation and the allowance of a reasonable time thereafter within which the defect may be cured by the Association, its manager, any Owner,or Mortgagee; -29 - • A statement that any "other insurance" clause in any policy exclude individual Owners' policies from consideration; and • A statement that the Association will be given at least 30 days prior written notice of any cancellation, substantial modification or non-renewal. 10.2 Other Insurance. In addition to the insurance required in Section 10.1 and to the extent required by Law, the Board shall obtain worker's compensation insurance, and the premium shall be a Common Expense. The Board may also, in its discretion, obtain directors' and officers' liability coverage, if reasonably available, and a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The amount of fidelity coverage shall be determined in the Boards' best business judgment but, if reasonably available, may not be less than one-sixth (1/6) of the annual General Assessments on all Lots plus reserves on hand. Bonds shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation and shall require at least 30 days' prior written notice to the Association of any cancellation, substantial modification or non-renewal. 10.3 Damage and Destruction. (a) Adjustment, Estimates. Immediately after damage or destruction by fire or other casualty to all or any part of the Common Property covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed Common Property. "Repair or reconstruction," as used in this Section 10, means repairing or restoring the Common Property to substantially the same condition in which it existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. (b) Decision to Repair. Any damage or destruction to the Common Property shall be repaired or reconstructed unless the Members representing at least seventy-five (75%) percent of the Member Votes of the Association shall decide within 60 days after the casualty not to repair or reconstruct. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to Common Property shall be repaired or reconstructed. (c) Failure to Repair. If it should be determined in the manner described above that the damage or destruction to the Common Property shall not be repaired or reconstructed and no alternative improvements are authorized, then the affected portion of the Common Property shall be cleared of all debris and ruins and maintained by the Association in a neat and attractive landscaped condition. 10.4 Disbursement of Proceeds. If the damage or destruction for which the proceeds of insurance policies held by the Association are paid is to be repaired or reconstructed, the proceeds, or such portion thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds remaining after defraying such costs of repair or reconstruction shall be retained by and for the benefit of the Association and placed in a capital improvements account. If no repair or reconstruction is made, the proceeds shall be retained by and for the benefit of the Association and placed in a capital improvement account. 10.5 Repair and Reconstruction. If the damage or destruction to the Common Property for which insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not -30- 0 • sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Members, levy a Special Assessment against the Owners. 10.6 Property Insured by Owners; Damage and Destruction. Each Owner acknowledges and agrees that neither Declarant nor the Association shall have any obligation to insure the Owner's Lot. Each Owner shall carry appropriate liability and casualty insurance or cause such insurance to be carried by another entity. Each Owner fully covenants and agrees that if Improvements on the Owner's Lot are damaged or destroyed, the Owner shall proceed promptly either (a) to repair or reconstruct the damaged Improvement in a manner consistent with the original construction or in such manner as may be approved in accordance with the provisions of Section 9 hereof, or (b) to clear the Lot of all debris and return it to substantially the natural state in which it existed prior to the beginning of construction and thereafter to maintain the Lot in a neat and attractive landscaped condition. SECTION 11 CONDEMNATION. Whenever all of any part of the Common Property shall be taken by any authority having the power of condemnation or eminent domain, the Association shall represent the Owners. The award made for such taking shall be payable to the Association. SECTION 12 ANNEXATION AND WITHDRAWAL OF PROPERTY. 12.1 Annexation by Declarant. Declarant shall have the unilateral right, privilege, and option, from time to time at any time until all Additional Property has been subjected to this Declaration or December 31, 2025, whichever is earlier, to subject to the provisions of this Declaration and the jurisdiction of the Association all or any portion of the Additional Property. Annexation shall be accomplished by recording a Supplemental Declaration annexing such property in the Public Records. The Supplemental Declaration shall not require the consent of Members, but shall require the consent of the owner(s) of such Additional Property, if other than Declarant. The Supplemental Declaration may create additional Lots and additional Common Property, and it may change the Percent Membership Interest and relative number of Member Votes allocated to each Lot. Each Owner and Mortgagee, by accepting any right, title or interest in a Lot, grants Declarant, and its successors in interest, a limited irrevocable power of attorney, coupled with an interest, to change the Percent Membership Interest and relative number of Member Votes allocated to each Lot in accordance with the plan set forth in the Supplemental Declaration. Recording of a Supplemental Declaration adding additional Lots and modifying the Percent Membership Interest and Member Votes allocated to pre-existing Lots shall be deemed an assignment and conveyance of membership interests and voting rights in the Association in accordance with the Supplemental Declaration. Any such annexation shall be effective upon the recording of such Supplemental Declaration unless otherwise provided therein. Declarant shall have the unilateral right to transfer to any other Person the right, privilege, and option to annex the Additional Property that is herein reserved to Declarant, provided that such transferee or assignee shall be the owner of at least a portion of the Property or Additional Property and that such transfer is memorialized in a written, recorded instrument executed by Declarant. 12.2 Annexation by Association. Subject to the consent of the owner thereof, the Association may annex real property (or any interest therein) other than the Additional Property, and following the expiration of the right in Section 12.1 hereof, the Additional Property, to the provisions of this Declaration and the jurisdiction of the Association. Such annexation shall require (a) the affirmative vote of Members representing two-thirds of the Member Votes of the Association present at a meeting duly called for such purpose and (b) the written consent of Declarant if the proposed annexation will occur during the Declarant Control Period. Annexation shall be accomplished by recording a Supplemental Declaration describing the property being annexed in -31 - the Public Records. Any such Supplemental Declaration shall be signed by the president and the secretary of the Association and by the owner of the property being annexed, and any such annexation shall be effective upon recording unless otherwise provided therein. The relevant provisions of the Bylaws dealing with regular or special meetings, as the case may be, shall apply to determine the time required for and the proper form of notice of any meeting called for the purpose of considering annexation of property pursuant to this Section 12.2 and to ascertain the presence of a quorum at such meeting. 12.3 Additional Covenants and Easements. Declarant may unilaterally subject any portion of the Additional Property submitted to this Declaration by Supplemental Declaration under Section 12.1 to additional covenants and easements. Such additional covenants and easements shall be set forth in a Supplemental Declaration filed either concurrent with or after the annexation of the subject property, and shall require the written consent of the owner(s) of such property, if other than Declarant. 12.4 Withdrawal of Property. Subject to the consent of the Owner thereof, the Association may withdraw real property from the provisions of this Declaration. Such withdrawal shall require (a) the affirmative vote of Members representing two-thirds of the Member Votes of the Association present at a meeting duly called for such purpose; (b)the written consent of Declarant if the proposed withdrawal will occur during the Declarant Control Period; and the written approval of the City of Bozeman. Withdrawal shall be accomplished by recording a Supplemental Declaration describing the property being withdrawn in the Public Records. Any such Supplemental Declaration shall be signed by the president and the secretary of the Association and by the Owner of the Property being withdrawn, and it shall be accompanied by the written approval of the City of Bozeman. Any such withdrawal shall be effective upon recording unless otherwise provided therein. The relevant portions of the Bylaws dealing with regular or special meetings, as the case may be, shall apply to determine the time required for and the proper form of notice of any meeting called for the purpose of considering withdrawal of Property pursuant to this Section 12.4 and to ascertain the presence of a quorum at such meeting. 12.5 Amendment. This Section 12 shall not be amended without the prior written consent of Declarant, so long as Declarant or an entity controlled by Declarant owns any portion of the Property or Additional Property. SECTION 13 MORTGAGEE PROVISIONS. 13.1 Priority of First Mortgages. Notwithstanding any other provisions of this Declaration or any provisions of the Bylaws, a breach of this Declaration by any Owner shall not defeat or invalidate the lien of a first Mortgage made in good faith and value as to a Lot or any portion thereof. As provided in Section 5, any lien which the Association may have on any Lot for the nonpayment of Assessments allocated to such Lot will be subordinate to the lien or equivalent security interest of any first Mortgage on the Lot recorded prior to the date any such Assessments became due. No provision of this Declaration shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or taking of property. 13.2 Notices to Eligible Lenders. Any lender holding a first Mortgage on a Lot ("Eligible Lender") shall be given notice of the following events if it delivers to the Association a written request that it receive such notices, together with a complete and accurate description of the Lot subject to its Mortgage and an accurate address for such Eligible Lender: (a) Any delinquency in the payment of Assessments or charges owed and any other default in the performance of an obligation set forth in this Declaration by an Owner of a Lot subject -32 - to a first Mortgage held by such Eligible Lender which remains uncured for a period of 60 days; (b) Any proposed action that would require the consent of an Eligible Lender. 13.3 Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 13.4 Failure of Mortgagee to Respond. Any Mortgagee who receives a written request as herein provided from the Association to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within 15 days of the date of such Mortgagee's receipt of notice of the Association's request. SECTION 14. EASEMENTS. 14.1 Easements Reserved to Declarant. Declarant shall have the right to assign and convey, in whole or in part, the easements reserved by it hereunder to one or more public utility companies, quasi- public companies or relevant governmental authorities. The following easements shall be reserved to Declarant, its successors and assigns: (a) Easements, licenses, franchises, permits for installation, maintenance, repair and removal of utilities, public rights-of-way, drainage facilities, and access rights for fire protection services and other similar services over, under and across the Property, as specifically set forth on recorded plats of the Property and portions thereof, or as set forth in other documents of record in the Public Records. (b) Full right of ingress and egress at all times over the Property to the extent reasonably necessary for the installation, operation, maintenance, repair or removal of any utility or drainage facility contained within any of the aforesaid easements. (c) Full right of ingress and egress at all times over the Property as may be reasonably required to remove any obstruction that may be placed in such easements without the approval of Declarant or the owner of the relevant easement, where such unauthorized obstruction would constitute interference with the use of such easement or with the use, maintenance, operation or installation of such utility or other services. (d) Full rights of ingress and egress shall be held by the Association at all times over and upon each Lot for emergency, security, and safety in accordance with the provisions hereof, for carrying out the Association functions, duties and obligations hereunder. Policemen, firemen, ambulance personnel, and similar emergency personnel may exercise such rights in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours, after notice to the Owner, shall be made with as little inconvenience to the Owner as practical, and the entering party shall repair any damage caused thereby. This right of entry shall include the right of the Association to enter to cure any condition that may increase the possibility of a fire or other hazard if the Owner or Occupant fails or refuses to cure the condition upon the Association's written request. 14.2 Easements for Encroachment. If any portion of the Common Property encroaches upon a Lot or Lots as of the date of this Declaration, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. If any portion of a Lot Improvement encroaches upon a Common Open Space Lot as of the date of this Declaration, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. Further, there shall be reciprocal appurtenant easements for encroachment -33 - • • between each Lot and such portion or portions of the Common Open Space Lot(s) adjacent thereto due to the unintentional placement or settling or shifting of the Improvements constructed, reconstructed or altered thereon(in accordance with the terms of this Declaration)to a distance of not more than two (2) feet along a line perpendicular to such boundary at such point; provided, however, in no event shall an easement for encroachment exist if such encroachment occurred due to willful conduct on the part of an Owner, Occupant or the Declarant. 14.3 Easements for Overhang. Each Lot shall have an appurtenant easement for overhang between such Lot and the portion of a Common Open Space Lot adjacent thereto for balconies, awnings, eaves, beams, and other similar structures projecting from buildings, structures, and other improvements situated on the Lot (collectively "projections"). Such projections may overhang a Common Open Space Lot a distance of not more than five (5) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Open Space Lot along a line perpendicular to the boundary at such point. All projections shall have sufficient ground clearance so as not to interfere with walkways, trails, driveways or parking areas located on either a Common Open Space Lot or other Common Property and so as not to interfere with the passage of delivery, service, construction, and maintenance vehicles. 14.4 Easement for Maintenance and Repair of Lot Improvements. Each Lot shall have appurtenant easements over and across adjacent portions of a Common Open Space Lot and other Common Property for the purpose of accessing and maintaining structures and other Improvements on such Lot. The Owner of such Lot shall not exercise such easement in a manner that interferes unreasonably with other Owners' and Occupants' use of the Common Property 14.5 Easements for Installation of Common Property. Easements over and across each Lot are hereby reserved for the installation, construction, and reconstruction of walkways, trails, driveways, parking areas, curbs, lighting fixtures, signs, and other similar improvements intended for the common use and enjoyment of all Owners, Occupants, Tenants, and their respective employees, guests, and invitees. The location of the easements shall correspond with the locations of such improvements as shown in the PUD final plat and any amendments thereto; provided, however, that if the improvements are constructed prior to the initial conveyance of an affected Lot to someone other than Declarant and the location of the improvements varies from that shown on the PUD final plat, the corresponding easements for the improvements on such Lot shall be located at the improvements' "as built" locations. The easements described in this Section 14.5 shall be appurtenant to and pass with title to the Common Open Space Lots,and they shall be part of the Common Property held by the Association for the use and enjoyment of the Owners. 14.6 Easement for Maintenance and Repair of Common Property. The Association and its representatives, employees,contractors, and agents, shall have the irrevocable right to access each Lot from time to time during reasonable hours, or at any time in the case of an emergency, as may be necessary for the maintenance, repair or replacement of any of the Common Property located on or accessible from such Lot. 14.7 Easements for Use and Enjoyment of Common Property. Every Owner shall have a nonexclusive right and easement of ingress and egress, use and enjoyment in and to the Common Property for its intended use that shall be appurtenant to and shall pass with the title to such Owner's Lot, subject to: (a) The provisions of this Declaration as it may be amended from time to time; (b) Any restrictions or limitations contained in any deed or assignment conveying such Common Property to the Association; -34- (c) The right of the Board of Directors to adopt other rules and regulations regulating the use and enjoyment of the Common Property; (d) The right of the Association to limit the number of invitees who may use the Common Property, to allow persons, such as persons living or working in the vicinity of the Property, to use the Common Property on a regular or temporary basis and to charge or not charge such persons a user fee thereof, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, its Tenants, guests, Occupants, and invitees; (e) The right of the Association to suspend the right of an Owner to use the Common Property (other than for ingress and egress to the Owner's Lot) for any period during which any Assessment that is herein provided for remains unpaid. (f) The right of the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by the Association certifying that a Majority of the Member Votes has approved such dedication or transfer has been recorded. If such proposed dedication or transfer is to occur within the Declarant Control Period,the written consent of Declarant shall also be required. An Owner's right of use and enjoyment in and to the Common Property and facilities located thereon shall extend to the Owner's Tenants, invitees, and guests. An Owner shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. SECTION 15. ENFORCEMENT. 15.1 Owner's Compliance. Every Owner, Tenant or Occupant of a Lot shall comply with the provisions of this Declaration, the Bylaws and any rules and regulations of the Association, all as may be amended or modified from time to time. Failure to comply shall be grounds for an action to recover sums due, for damages and fines, for injunctive relief, or for any other remedy available at law or in equity maintainable by the Association or, in a proper case, by an aggrieved Owner. All agreements and determinations lawfully made by the Association shall be deemed to be binding on all Owners, their successors and assigns. 15.2 Remedies. (a) Fines and Penalties. The Board may implement a schedule of reasonable fines and penalties for particular offenses that are common or recurring in nature and for which a uniform fine schedule is appropriate. A late charge for delinquent assessments or costs of collection may be added to an Owner's total Assessment obligation and may be collected by the Association in the same manner as provided for the collection of Assessments in Section 5. (b) Suit. The Association, in its own name and on its own behalf, or on behalf of all Owners, may enforce the provisions of this Declaration by prosecuting a proceeding at law or in equity against any persons or persons violating or attempting to violate any of the Covenants to enjoin or prevent them from doing so, to cause the violation to be remedied, and/or to recover damages resulting from the violation. The Association may also file suit to enforce any lien created by this Declaration. The decision as to whether it is necessary or desirable for the Association to take enforcement action shall rest within the sole discretion of the Board. -35 - (c) Self-Help; Abatement. In addition to any other remedies provided for herein and available under law, the Association or its duly authorized agent shall have the power to enter upon a Lot or any portion of the Property to abate or remove, using such force as may be reasonably necessary, any Improvement, structure, thing or condition that violates this Declaration. Except in the case of emergency situations and towing, the Association shall give the violating Owner or Occupant 10-days written notice of its intent to exercise self- help. All cost of self-help shall be assessed against the violating Owner, shall be a continuing lien on the violating Owner's Lot, and shall be collected as provided in this Declaration for the collection of Assessments. (d) Nuisance. Without limiting the generality of the remedies elsewhere provided in Declaration, the result of every act or omission whereby any Covenant is violated in whole or in part is hereby declared to be a nuisance, and every remedy against nuisance, either public or private, shall be available to the Association. (e) Remedies Not Exclusive. The remedies provided in this Section 15 and elsewhere in this Declaration and the Bylaws shall be cumulative and shall not be exclusive of any other remedies that may now or in the future be available to the parties as provided for at law or in equity. 15.3 Attorney's Fees. In any legal or equitable proceeding for the enforcement of this Declaration, whether it be an action for damages, declaratory relief or injunctive relief or any other action, the losing party or parties shall pay the costs and attorney's fees of the prevailing party or parties, in such reasonable amount as shall be fixed by the court in such proceedings or in a separate action brought for that purpose. 15.4 No Waiver. The failure of any Owner, the Association or the Board to enforce a Covenant contained in this Declaration shall in no,event be deemed to be a waiver of the right to enforce such Covenant or any other Covenant thereafter, nor shall such failure result in or impose any liability upon Declarant,the Association or the Board. SECTION 16. GENERAL PROVISIONS. 16.1 Covenants to Run with Land, Duration, Binding Effect The Covenants contained in this Declaration shall run with the land and bind the Property, including every Lot made subject to this Declaration, and shall inure to the benefit of and be binding upon the Lot Owners, and the. heirs, personal representatives, nominees, successors and assigns of such Lot Owners, for a term of 30 years from the date this Declaration is recorded. After such time, the term of the Declaration shall be automatically extended for successive periods of 10 years, unless an instrument in writing, signed by Owners representing 75% of the total Member Votes of the Association, has been recorded within the year preceding the beginning of each successive period of 10 years,agreeing to change said covenants and restrictions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated as specified therein. 16.2 Amendment. (a) Amendment by Declarant. Prior to the fee conveyance of' Lots holding a sixty percent(60%) Membership Interest (determined in accordance with Paragraph 4.3(a) and disregarding the provisions of Paragraph 4.3(b)) in the Association to Persons other than Declarant (or an entity controlled by or under common control with Declarant), Declarant may unilaterally amend this Declaration: After such conveyance, but no later than the expiration of the Declarant Control Period, Declarant may unilaterally amend this -36 - Declaration at any time and from time to time if such amendment is (i) necessary to bring any provision hereof into compliance with any applicable governmental statutes, rule or regulation, or judicial determination; (ii) necessary to enable any reputable title insurance company to issue title insurance coverage on the Lots; (iii) necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Lots; or (iv) necessary to document adjustment and redistribution of Owners' Percent Membership Interests and Member Votes as provided in Paragraphs 4.3(a) and 4.3(b); provided, however, any such amendment shall not adversely affect the title to any Lot unless the Owner shall consent thereto in writing. The provisions of this Paragraph 16.2(a) shall be in addition to Declarant's right to annex Additional Property and file a Supplemental Declaration as provided in Section 12.1. (b) Amendment by Members. Except as provided in Section 16.2(a), this Declaration or any Covenant contained in it may be amended only by (i) the affirmative vote of Members representing seventy-five (75%) percent of the total Member Votes in the Association; and (ii) the consent of Declarant during the Declarant Control Period. Any amendment to be effective must be recorded in the Public Records. If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority so to consent and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. No amendment may remove, revoke or modify any right or privilege of Declarant without the written consent of Declarant or the assignee of such right or privilege. (c) City of Bozeman as Party to Amendment. Notwithstanding the provisions for amendment set forth in Paragraphs 16.2(a) and 16.2(b), no provision of the Covenants or Design Guidelines that was required by ordinance or as a condition of PUD plat approval shall be amended or revoked unless the City of Bozeman is made party to such amendment or revocation and consents thereto. Without limiting the generality of the preceding sentence, the Covenants requiring the City of Bozeman's consent for amendment or revocation include: (i) Section 6.4(Storm Water Maintenance Plan); (ii) Section 9.5 (Design Guidelines), insofar as it requires the City of Bozeman's consent to alter the design standards set forth therein; (iii) Section 12.4 (Withdrawal of Property), insofar as it requires the City of Bozeman's approval to withdraw or remove Property from the Covenants once established; and (iv) Section 14.7 (Easements for Use and enjoyment of Common Property) granting Lot Owners rights and easements for ingress and egress to and from and rights of use and enjoyment in and to the Common Property for its intended purposes, including for access, utility connections, drainage courses, and storm water facilities. 16.3 Variance and Waiver. Notwithstanding anything to the contrary contained herein, the Association shall be authorized to grant individual variances or waivers from any of the provisions of this Declaration, except the provisions of Section 5 hereof regarding Assessments, if it determines that a variance or waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Property; provided that such variance or waiver does not violate any applicable Laws. Such variance or waiver shall not constitute a variance or waiver from any governmental authority's rules and regulations. -37 - 0 16.4 Partition. The Common Property shall remain undivided and, upon Declarant's conveyance to the Association, remain titled in the Association. No Owner nor any other person shall bring any action for partition or division of the whole or any part thereof, without the written consent of all Owners, the written consent of all the Eligible Mortgagees, and, if such partition or division occurs within the Declarant Control Period,the written consent of Declarant. 16.5 Cannery District and Northside—Use of Terms. No Person shall use the terms or names "Cannery District" or "Northside" in the name of any building, condominium or business enterprise that is built, established or conducted on any Lot or in any printed or promotional material without the prior written consent of Declarant. Owners and Occupants may use the term "Cannery District Planned Unit Development" in printed or promotional matter where such term is used solely to specify that the particular property is located within the PUD. 16.6 Disclaimer. Except as expressly provided in this Declaration, the Bylaws, or in agreements or instruments pertaining to conveyance of the Lots, Declarant does not intend by this Declaration to make, and hereby expressly negates and disclaims, any warranties and representations regarding the value, nature, quality, physical condition, suitability, compliance with Laws, or any other aspect of the Property or the Lots. Estimates of Common Expenses made by Declarant are reasonably believed to be accurate at the time they are made,but Declarant makes no warranty or representation that such estimates are either correct or may be relied upon by any Person. 16.7 Notice of Sale or Transfer of Title. If any Owner desires to sell or otherwise transfer title to its Lot, such Owner shall give the Board of Directors at least ten (10) days prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Until the Board receives such written notice, the transferor shall continue to be jointly and severally responsible for all obligations of the Owner of the affected Lot, including payment of Assessments, notwithstanding the transfer of title to the Lot. 16.8 Proper Notice to Owner or Mortgagee. Except as otherwise set forth in this Declaration, any notice required to be given to any Owner or Mortgagee under the provisions of this Declaration shall be personally served or sent by fax with confirmation, overnight courier or certified U.S. mail, return receipt requested, addressed to the last known address of the Person who appears as the Owner or Mortgagee on the records of the Association at the time of such service. If there are multiple Owners of a Lot, the Association shall be obligated to send notice to only one of the multiple Owners, and notice to one shall be deemed notice to all. Multiple Owners may designate one of them as the Person entitled to notice by so notifying the Association in writing stating the name and address of such Person. Notices under this section shall be deemed to have been received: (a) if by personal delivery, on the date delivered; (b) if by facsimile transmission, on the date confirmed; (c) if by overnight delivery service, on the date delivered; and (d) if by mail, five (5)days after mailing. 16.9 No Dedication. Nothing contained in this Declaration shall be construed or deemed to constitute a dedication,express or implied, of any part of the Property or the Common Property to or for any public use or purpose whatsoever. 16.10 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity, partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision. 16.11 Captions. The captions, titles, section, and paragraph headings throughout this Declaration are for convenience and reference only and shall not be deemed or held to explain, modify, amplify - 38 - • r. or aid in the interpretation, construction or meaning or the provisions of this Declaration, nor to define, limit or describe the scope or intent of a particular section. 16.12 Cumulative Effect. The provisions of this Declaration shall be cumulative with the provisions of any applicable Supplemental Declaration. The Association shall have the standing and authority to enforce the provisions of any Supplemental Declaration. 16.13 Interpretation. The provisions of the Declaration and of the Bylaws to be promulgated and recorded herewith shall be liberally construed to effectuate the intent and purpose of the Declaration and the Bylaws. IN WITNESS WHEREOF, Declarant has caused this Declaration to be made and executed as of the date set forth at the head of this instrument. Cannery District Partners, LLC by: CDP Management, LLC by: Barry L. Brown,Manager by: Scott R. Dehlendorf,Manager ACKNOWLEDGEMENT STATE OF MONTANA ) ss. County of Gallatin ) This instrument was acknowledged before me on , 2016, by Scott R. Dehlendorf as a Manager of CDP Management, LLC, a Montana limited liability company, the Manager of Cannery District Partners, LLC, a Montana limited liability company. Notary Signature Seal: STATE OF MONTANA ) ss. County of Gallatin ) This instrument was acknowledged before me on , 2016, by Barry L. Brown as a Manager of CDP Management, LLC, a Montana limited liability company, the Manager of Cannery District Partners, LLC, a Montana limited liability company. Notary Signature Seal: -39 - EXHIBIT A ADDITIONAL PROPERTY The "Additional Property," all or a portion of which may be annexed to the Property and subjected to the Covenants pursuant to Section 12.1 of the Declaration, is described as follows: Northside PUD Parcels: Tracts 1 and 4 of Minor Subdivision 391 to the City of Bozeman Tract 2A of Minor Subdivision 391 B to the City of Bozeman Tract 3 Minor Subdivision 391A to the City of Bozeman Tract 5A of Minor Subdivision 3 9 1 B to'the City of Bozeman. Westlake/Martinen Parcel: The Northwest Quarter(NW1/4) of Section Six (6), Township Two (2) South, Range Six (6) East, M.P.M., described as follows: Beginning at the quarter section corner on the west side of said Section 6: thence East along the South line of said NW 1/4 a distance of 1330.6 feet; thence North 2° West allowing 19' variation East 859.5 feet, more or less, to the Southerly right of way line of Interstate Highway 1-90 hertofore conveyed to the State of Montana for highway purposes; thence Northwesterly along the South line of said highway right of way 1673 feet, more or less, to the West line of said NW 1/4 of said Section 6; thence Southerly along the said West line a distance of 1130.4 feet, more or less, to the point of begining, excepting therefrom a tract of land in the Southeast corner thereof containing .23 acres heretofore deeded to the Northern Pacific Railway Company for railroad right of way. [Deed Reference: Film 81,Page 543]. -40- • • Inter-office original to: City of Bozeman Department of Community Development 211 Farr Olive Smarr 2544952 Paso: 1 of 7 05112/2016 10:22 05 AM Fee: $49.00 IIBM111111111111111111111�111111110111�Il11110111 M` CONDITIONS OF APPROVAL FOR Pld CANNERY DISTRICT-PLANNED UNIT DEVELOPMENT'APPLICATION16109 - CANNERY DISTRICT PLANNED UNIT DEVEOPMENT FOR PROPERTY LOCATED AT 101 EAST OAK STREET,BOZEMAN,MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a planned unit development to allow a mixed use master planned phased development;and WHEREAS,the development is on property that is legally described as Block 2 of the Imes Addition to Bozeman,Tract 3A of CCOS 2128B,Tract 1-3 of COS 2877 and Minor Sub 391 B all in Section 6,T2S,R6E,PMM City of Bozeman,Gallatin County,Montana;and WHEREAS,the use is to be located on property that is legally zoned as B-2 (Community Business District)zoning district;and WHEREAS,the Planned Unit Development(PUD)is contained within the City of Bozeman Department of Community DeveIopment's zoning application 15038 and 16109; and WHEREAS,the Planned Unit Development was granted relaxations from the zoning requirements of the Unified Development Code and the requirements of the B-2 zoning district; and WHEREAS,the Planned Unit Development application is subject to the following conditions of approval and code provisions: CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The proposed covenants shall include a section which clearly indicates those portions of the covenants which were relied upon for the approval of the PUD. This section shall restrict those portions from alteration without written approval of the City of Bozeman. CANNERY DISTRICT FINAL PUD 16109 PAGE I OF 7 25449 age 2 of 7 05/12/2016 10:22:05 AM CONDITIONS OF APPROVAL;-FOR A CONDITIONAL USE PERMIT APPLICATION 3. The requested relaxations to the following sections are granted as proposed in the application materials and shall be reflected in the final PUD plan, design guidelines and associated documents as approved: a) 38.10.040 Commercial Lot area and Width-to reduce lot area and width to allow lots configured as building pads. b) 38.10.050 Commercial Yard Setbacks-to reduce setbacks to zero to allow building pads to accommodate the building foundation only and to reduce the front yard setback requirement along Oak Street from 25 feet to 10 feet. c) 38.17.060 Entryway Corridor Overlay Setbacks-to reduce the corridor overlay setback from 25 feet to 10 feet. d) 38.24.090 Lot Frontage(38.23.030)-to allow some lots to not front on a public or private street or alley with greenway corridor. e) 38.24.090-3 Access Spacing-to allow the distance between accesses along an arterial street to be reduced below code requirements. f) 38.25.040 Parking Space Requirements-to allow an overall 15%reduction to the parking space requirements. g) 38.26.050 Unbroken Rows of Parking-to allow for longer rows of parking spaces unbroken by interior landscape islands. h) 38.28.070 Wayfinding Signage-to allow wayfinding sings for a district less than 30 acres. i) 38.10.020 Residential Use on the Ground Floor-to allow residential uses on the ground floor in the B-2 zoning district. j) 38.28.060 Building Frontage as applied in sign area calculations-to allow designated/fixed sign square footage for lots that do not have building frontage on a street. k) 38.10.060.A.2 Building Height-to allow Building E on site a maximum height of 59 feet exceeding the maximum height allowed in this location by 2 feet. 4. No property may be removed from the covenants once established without written approval of the City of Bozeman. 5. All portions of Tracts 1,2 and 3A of COS 2128B,Tract on COS 2548 and Portions of Block 2 of Imes Addition(Plat C-41)north of Oak Street shall be aggregated and/or the common boundaries of said lots shall be reconfigured through the applicable subdivision review process to accommodate the project prior to subsequent final site plan approval for any individual phase. 6. Utility easements shall be provided for as shown on sheet C6.0 either through individual recordable documents or thorough the subdivision exemption review process prior to final site plan approval for any individual phase. 7. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows:Lots within the Cannery District are subject to specific design standards,unique building setbacks from property lines,and restrictions on use.These standards may be found in[insert correct reference to design standard location].Lot owners are advised that these are specific to the Cannery CANNERY DISTRICT FINAL PUD 16109 PAGE 2 OF 7 25*2 Page 3 of 7 05/12/2016 10:22:05 Alb CONDITIONS OF APPROVAL FOR A:CONDITIONAL USE PERMIT APPLICATION District and are in place of the general development standards of the City of Bozeman Zoning.If a development standard is not specifically established in the approval documents the general standards of the City apply.Modification of the special standards would require an amendment to the Cannery District Planned Unit Development. Modifications are strongly discouraged.It is the obligation of the lot owner to be fully informed as to these standards before beginning any building or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 8. The City of Bozeman has relied upon the overall design standards proposed as part of the planned unit development application in Part 2 Design Guidelines.The design standards may not be altered without consent of the City. This restriction shall be included in Section 9 of the covenants. 9. The applicant shall submit with the application for Final Plan review and approval,a written narrative stating how each of the conditions of preliminary plan approval and noted code provisions have been satisfactorily addressed,and shall include a digital copy (pdf)of the entire Final Plan submittal.This narrative shall be in sufficient detail to direct the reviewer to the appropriate plan,sheet,note,detail,guideline,covenant,etc. in the submittal. 10. The proposed design guidelines shall include a section on how a ground floor residential component shall be designed to transition from public to private space. 11. A cast iron tree grate design shall be selected for the entire development and a detail of that design shall be included in the design guidelines. 12. Scored concrete crosswalks the width of the adjacent pedestrian walkways shall be provided across all drive accesses and driveways where there is a pedestrian crossing. This detail shall be shown on the overall master plan and included in the design guidelines. 13. The rail trail shall be terminated on the east side of the site at North Rouse Avenue on the south side of E Lane in lieu of the standard sidewalk shown on the master plan. 14.The final lot configuration will not be clear until future applications are complete. The applicant will need to provide mutual access easements across all drive accesses and walkways as necessary to allow vehicular,pedestrian, and bike traffic across the project. Additionally,drainage course easements shall be provided as necessary for all drainage courses and stormwater facilities to allow all property owners access to facilities for maintenance. Alternatively,accesses and stormwater facilities may be placed in a common lot allowing access to all users in the property owners' association. 15.The proposed 10-inch sewer main in the northeast part of the project will be constructed during Phase 1. However,other Phase 3 improvements will not be constructed during Phase 1. A minimum 12-foot wide,temporary all-weather surface must be located over the sewer main until the Phase 3,F Lane is constructed. CANNERY DISTRICT FNAL PUD 16109 PAGE 3 OF 7 25449F*age 4 of 7 05/12/2016 10:22:05 AM • CONDITIONS OF;APPROVAL FORA CONDITIONAL.USE PERMIT APPLICATION. 16.The proposed utility easements do not appear to include the fire hydrants. The utility easements must be placed around the fire hydrants. 17.The applicant should be advised that the latest update to the City of Bozeman Wastewater Collection Facilities Plan Update(June 2015)identified two downstream sewer mains, known as the North Frontage Road Bottleneck,that are approaching capacity. Timing for project phasing 2-4 may be impacted if that sewer main capacity is reached,due to the current growth rate in the City,prior to approval of phases 2-4 and upgrades to the mains have not yet been completed. 18. The traffic impact study for the project identified the need for two left-hand turn lanes' associated with the accesses off Oak Street. The City is in the preliminary design process to construct improvements to Oak Street. The turn lanes must be coordinated with the City's design. However,that portion of Oak Street may not be reconstructed within the timeframe of the proposed project. If Phase 2 of the proposed project is constructed prior to completion of the City project,the left-hand turn lanes must be constructed by the applicant or cash equivalent funding be provided to the City. The cost of incorporating the turn lanes will be the responsibility of the Cannery District developer. Timing for construction of the City's Oak Street project at this location is currently not defined. 19.The traffic impact study for the project identified the need for a left-hand turn lane for the existing Cannery Access off Rouse Avenue. The Montana Department of Transportation (MDT)is planning upgrades to that section of Rouse Avenue. The proposed turn lane must be coordinated with MDT by the applicant. 20.A mid-block crossing of Oak Street will likely be constructed in the future at the intersection with the D Lane access and the proposed fairgrounds access for safe pedestrian crossing. Conduit should be placed as necessary for a future signal at that crossing. 21.The applicant must submit an application to vacate N.Montana Avenue right-of-way (ROW)and the former Oak Street ROW that intersects N.Montana Avenue and E.Oak Street. The streets must be vacated prior to Phase 2 FSP approvals. 22. Section 38,23.180 of the BMC requires provision for water rights or cash in lieu thereof. This provision shall be satisfied prior to FSP approvals for individual site plans. The Annexation District Agreement for Cannery District Property defined that water service has historically been provided for Phase 1 and as such does not require provision for water rights or cash in lieu thereof. However,the Agreement requires provision for water rights or cash in lieu thereof for Phases,2,3,and 4. This shall be dcmonstratcd prior to individual,FSP approval for each phase. 23.The geotechnical report for the project identified the need for corrosion protection due to highly corrosive soils for all metal piping including mains and services. The civil engineer for the project must define the required corrosion protection prior to FSP approvals of individual site plans. CANNERY DISTRICT FINAL PUD 16109 PAGE 4 OF 7 25JV2 Page 5 of 7 05/12/2016 10:22:05 CONDITIONS.OF APPROVAL FOR A CONDITIONAL USE PERMIT=.APPLICATION 24.The geotechnical report for the project identified the need to increase the depth of crushed rock under the sidewalks due to the soil conditions on the site. The subgrade for public sidewalks shall be constructed per the recommendations in the geotechnical report. CODE REQUIREMENTS A. Section 38.23.150.D.7.e BMC requires that all outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. B. Plans and specifications for any water,sewer and/or storm sewer main extensions and Public Streets(including curb/gutter and 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 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. C. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.39.030.D of the Bozeman Municipal Code(BMC)are met to allow for concurrent construction. D. All construction activities shall comply with section 38.39.020.A.2 of the BMC. 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. E. The Gallatin County Conservation District,Montana Department of Environmental Quality,and U.S.Army Corps of Engineers shall be contacted regarding the proposed project and any required permits(i.e.,310,404,Turbidity exemption,etc.)shall be obtained and provided prior to final site plan(FSP)approvals. F. 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 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. Fire service plans(and domestic services 4"or larger)shall be a CANNERY DISTRICT FINAL PUD 16109 PAGE 5 OF 7 25449*age 6 of 7 05/12/2016 10:22:05 AM CONDITIONS OF;APPROVAL'FORFA".CONDITIONAL USEnPEFMT,1APPLICATI0N standalone submittal,separate from the FSP.Fire services shall be shown,with sizes labeled,on the FSP from main to building and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. G. Proposed water/sewer mains,services and hydrants shall be a minimum horizontal separation of 10'to landscape trees. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of approval and code provisions for the Planned Unit Development shall be binding upon the undersigned owner of the subject property,and successors or assigns,as long as the use remains at the property addressed at 101 East Oak treet. DATED THIS DAY OF ` 2016. CANNERY DISTRICT FINAL PUD 16109 PAGE 6 OF 7 25iW2 Page 7 of 7 05/12/2016 10:22:05 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATIONL -' PROPERTY OWNER Si tune j�6� Printed Name STATE OF MONTANA :ss County of (loa1aoin ) On this day of 2016,before me,the undersigned, a Notary Public for the State of Montana, personally peared 'gym '�tb known to me to be the I of the property owner that executed the within instrument N' Tvu n LL►-, IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Printed name) sj-. CRESSIE iVERS Notary Public for the State of Montana `Sye ' r P Notary of m „ _ _ `•NpTARre, for the State of Montana Residing at � n t Residing at: My Commission Expires: o1 I ICI I ZQIQ ��.SF.A1, �' Bozeman,Montana ..... My t,omm+ssfon Expires: (Use four digits for expiration year) January 14,201 B CANNERY DISTRICT FINAL PUD 16109 PAGE 7 OF 7 Return to: • CDP Management, LLC 1006 West Main Street Bozeman, Montana 59715 BYLAWS of CANNERY DISTRICT PROPERTY OWNERS ASSOCIATION TABLE OF CONTENTS SECTION1. INTRODUCTION ........................................................................................................................2 1.1 Application...............................................................................................................................2 1.2 Association Powers. ..................................................................................................................2 1.3 Relation to other Documents;Conflicts...................................................................................2 SECTION2.OFFICES .......................................................................................................................................2 • 2.1 Registered Office......................................................................................................................2 2.2 Principal Office. ................................................................................................................:......3 SECTION3.MEMBERSHIP..............................................................................................................................3 3.1 Mandatory Membership...........................................................................................................3 3.2 Membership Interest.................................................................................................................3 3.3 Transfer of Membership...........................................................................................................3 3.4 Annual Membership Meeting...................................................................................................3 3.5 Special Membership Meetings..........................................................................................:......3 3.6 Place of Meeting.......................................................................................................................3 3.7 Notice of Membership Meetings..............................................................................................4 3.8 Conduct of Membership Meetings...........................................................................................4 3.9 Membership Quorum Requirements........................................................................................5 3.10 Proxies ...................................................................................................................................5 3.11 Voting of Membership............................................................................................................5 3.12 Action by Written Consent......................................................................................................5 SECTION4.DIRECTORS..................................................................................................................................5 4.1 Number,Tenure and Qualifications of Directors.....................................................................5 4.2 Removal of Directors. ..............................................................................................................6 4.3 Regular Meetings of the Board of Directors. ............................................ ..............................6 4.4 Special Meetings of the Board of Directors.............................................................................6 4.5 Board of Director Meetings by Conference Telephone. ..........................................................6 4.6 Notice of Special Director Meetings; Waiver...........................................................................6 4.7 Directors, Manner of Acting.....................................................................................................7 4.8 Conduct of Board of Directors Meetings.................................................................................7 4.9 Director Action Without a Meeting..........................................................................................7 4.10 Director Compensation............................................................................................................7 4.11 General Powers........................................................................................................................7 4.12 Committees...............................................................................................................................8 4.13 Managing Agent......................................................................................................................8 - 1 - • • 4.14 Borrowing................................................................................................................................9 4.15 Enforcement............................................................................................................................9 • SECTION5.OFFICERS...................................................................................................................................10 5.1 Number of Officers;Qualification.........................................................................................to 5.2 Appointment and Term of Office...........................................................................................10 5.3 President.................................................................................................................................10 5.4 Vice President.........................................................................................................................10 5.5 Secretary.................................................................................................................................10 5.6 Treasurer.................................................................................................................................10 Section 5.7 Officer Compensation. ..............................................................................................10 SECTION 6. INDEMNIFICATION OF DIRECTORS,OFFICERS AND AGENTS..............................................I I 6.1 Indemnification of Directors..................................................................................................I I 6.2 Advance Expenses for Directors............................................................................................12 6.3 Indemnification of Officers,Agents and Employees.............................................................12 6.4 Mandatory Indemnification....................................................................................................12 SECTION 7.BOOKS AND RECORDS;INSPECTION......................................................................................12 7.1 Corporate Records..................................................................................................................12 7.2 Member's Rights to Inspect Corporate Records....................................................................13 SECTION8.MISCELLANEOUS....................................................................................................................14 8.1 Contracts.................................................................................................................................14 8.2 Checks, Drafts,etc..................................................................................................................14 8.3 Deposits .................................................................................................................................14 8.4 Insurance.................................................................................................................................14 8.5 Fiscal Year..............................................................................................................................14 SECTION9.AMENDMENTS......................................................................................................................14 9.1 Amendments...........................................................................................................................14 SECTION 1. INTRODUCTION 1.1 Application. These Bylaws, upon being recorded with the Clerk and Recorder of Gallatin County, Montana, apply to and govern the Cannery District Property Owners Association ("Association"), a Montana nonprofit corporation formed under the Montana Nonprofit Corporation Act, Title 35, Chapter 2, of the Montana Code Annotated ("Act"). The Association is authorized and created by the Declaration of Covenants, Conditions, and Restrictions for Cannery District Planned Unit Development ("Declaration"). All Owners, Occupants, and Lessees shall have the rights and responsibilities described in these Bylaws and shall be subject to the provisions thereof. Unless the context requires otherwise,capitalized terms in these Bylaws shall have the meanings given them in the Declaration. 1.2 Association Powers. Except as expressly limited by its articles of incorporation, the Declaration, and these Bylaws, the Association shall have all the powers of a nonprofit corporation enumerated and set forth in the Montana Nonprofit Corporation Act, Title 35, Chapter 2, Montana Code Annotated. 1.3 Relation to other Documents; Conflicts. These Bylaws are subject to and governed by the articles of incorporation of the Association: These Bylaws are further subject to the Declaration, as such may be from time to time amended. If there is any conflict between these Bylaws and the Declaration, the Declaration shall control. No acts by the Association or its Board of Directors shall be contrary to the Declaration. SECTION 2.OFFICES 2.1 Registered Office. The Association's registered office shall be located within Montana at the address of the Association's registered agent. The Board of Directors or'Members holding a -2 - majority of Member Votes may change the registered agent and the address of the registered office from time to time, upon filing the appropriate statement with the Secretary of State. 2.2 Principal Office. The Association's principal office shall be within Gallatin County, Montana, at such location as may be designated by the Board of Directors upon notice to the Members. The principal office need not be identical with that of the registered office. SECTION 3.MEMBERSHIP 3.1 Mandatory Membership. Every Person who is an Owner of a Lot shall be a Member of the Association. Persons holding a Mortgage or other interest in any portion of the Property merely as security for the performance of an obligation shall not be entitled to membership. 3.2 Membership Interest. Ownership of each Lot within the Property, as shown on the recorded plat or plat amendment(s), shall entitle the Owner thereof to a Percent Membership Interest in the Association and a specified number of Member Votes. The Percent Membership Interest and Member Votes allocated to each Lot shall be as provided in the Declaration and any amendments thereto. Multiple Owners of a single Lot shall have, collectively, the Percent Membership Interest and Member Votes allocated to such Lot. If an Owner owns more than one Lot, such Owner shall have the Percent Membership Interest and Member Votes allocated to all of its Lots. 3.3 Transfer of Membership. A membership interest shall run with the land. A membership interest is an incident to ownership that is created when ownership of a Lot is acquired and terminated when ownership is divested. Except as otherwise provided in the Declaration, a membership interest may not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon . transfer of the corresponding ownership interest in a Lot, and then only to.the transferee of that ownership interest. Any attempt to transfer a membership interest other than by a transfer of the corresponding ownership interest shall be null and void. 3.4 Annual Membership Meeting. The Association shall hold an annual meeting of the membership at such date, place, and time as shall be set by the Board of Directors. At the annual meeting, the Members shall review and approve a budget;elect directors and transact any other business as may come before the meeting. 3.5 Special Membership Meetings. The president (or vice-president in absence of the president) may call a special membership meeting for any purpose or purposes described in the meeting notice. Members having the requisite percent membership interest specified in the Declaration may call a special membership meeting to review Assessments. Members holding one-third (1/3) of the membership interest may call a special membership meeting for other purposes described in the meeting notice. If Members request a special membership meeting, they must do so in writing, and sign, date, and deliver the demand to any corporate officer at least ten(10) days before the Association must give notice of the meeting. The president shall then call the special meeting on these Members' behalf. For purposes of determining whether Members hold the requisite percent membership interest to call a special meeting, the record date is the close of business on the 30th day before delivery of the demand or demands for such meeting to any corporate officer. 3.6. Place of Meeting. The Board of Directors may designate any place within Gallatin County, Montana, as the meeting place for any annual or special meeting of the Members. If the Board of Directors does not designate a meeting place, then the Members shall meet at the principal office of the Association. - 3 - 3.7 Notice of Membership Meetings. (a) Notice Required. The secretary of the Association shall deliver notice of all annual or special membership meetings to each record owner. (b) Manner of Notice. Notice of annual and special membership meetings shall be given by separate written notice. Notice shall be given not less than 30 or more than 60 days before the date of the meeting. Notice shall be deemed effective at upon personal delivery of the notice to a Member or upon the date when the notice was deposited postpaid in the United States mail. Notice by United States mail shall be addressed to each Member at the address listed in the records of the Gallatin County Treasurer's office unless the Member has provided the Association in writing another mailing address. (c) Contents of Notice. The notice shall state.the place, day, and hour of any annual or special membership meeting. Unless otherwise required by the Declaration or the Act, the notice of an annual membership meeting need not include a description of the meeting's purpose or purposes. The notice of each special membership meeting, however, shall include a description of the meeting's purpose or purposes. (d) Adjourned Meeting. If the Members adjourn any membership meeting to a different date, time, or place, the secretary need not give notice of the new date, time and place, if the new date,time, and place is announced at the meeting before adjournment. (e) Waiver of Notice. A Member entitled to a notice of a meeting, or to any other notice required by the Act, the Declaration, or these Bylaws, may waive such notice by a writing signed by the Member. The Member must send the notice of waiver to the Association (either before or a • after the date and time stated in the notice) for inclusion in the minutes or filing with the Association's records. A Member's attendance at a meeting: (i) waives the Member's right to object to lack of notice or defective notice of the meeting, unless the Member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting; and (ii) waives the Member's right to object to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the Member objects to considering the matter when it is presented. 3.8 Conduct of Membership Meetings. (a) Conduct of Meeting. The president, or in the president's absence, the vice president, or in their absence, any person chosen by the Members present shall call the membership meeting to order and shall act as the chairperson of the meeting. The chairperson (or a person designated by the chairperson) shall establish rules of the meeting that will freely facilitate debate and decision-making.,The chairperson will indicate who may speak when and when a vote will be taken. The secretary of the Association shall act as the secretary of all meetings of the Members, but in the secretary's absence, the presiding officer may appoint any other person to act as the secretary of the meeting. (b) Order of Business. The order of business at a membership meeting shall be as follows (i) Call to order; (ii) Reading of prior minutes; (iii) Election of directors, if that is the purpose of the meeting; (iv) Business specified by the notice; (v) Unfinished business; (vi) New business; -4 - (vii) Adjournment. At the annual meeting, the president and treasurer shall report on the activities and financial condition of the Association. 3.9 Membership Quorum Requirements (a) Annual Meeting Quorum. There is no quorum requirement for an annual meeting. Unless the Declaration, Bylaws or Montana Nonprofit Corporation Act require a greater than majority vote for a particular matter, actions may be taken on matters coming before the annual meeting by Members holding a majority of Member Votes present at the meeting in person or by proxy. (b) Meeting Quorum. Unless otherwise provided by the Declaration, fifty percent (50%) of the total Member Votes of the Association, either present or by proxy, shall constitute a quorum at any meeting of the membership. If the required quorum is not present, another meeting may be called subject to the notice requirements of Section 3.7 of these Bylaws, and the required quorum at such subsequent meeting shall be one-half(1/2) of the required quorum at the preceding meeting; provided, however, that no such subsequent meeting may be held more than sixty (60) days following the preceding meeting. 3.10 Proxies A Member may vote in person or by proxy at all membership meetings. The Member may appoint a proxy to vote by signing an appointment form, either personally or by attorney-in-fact. The Association shall consider a proxy appointment valid if made in writing and filed with the secretary of the Association before or at the time of the meeting. No proxy shall be valid after 11 • months from the date it was made, unless otherwise provided in the proxy. The Association, and its director, officer or agent who accepts or rejects a proxy appointment in good faith, is not liable in damages to a Member for the consequences of such acceptance or rejection. 3.11 Voting of Membership Each Member is entitled to exercise the number of Member Votes attributable to such Member's Lot on each matter voted on by the Members. If a membership stands of record in the names of two or more Persons, then the vote of one representative shall bind all names on that one membership. Except as specifically provided otherwise in the Declaration or these Bylaws, when Members vote to take action on a matter, a majority of Member Votes shall carry. 3.12 Action by Written Consent The Members may act on any matter generally required or permitted at a membership meeting, without actually meeting, if. all the Members take the action, each one signs a written consent describing the action taken, and the Members file all the consents with the records of the corporation. Action taken by consents is effective when the last Member signs the consent, unless the consent specifies a different effective date. A signed consent has the effect of a meeting vote and may be referred to as a meeting vote in any document. The record date for determining Members entitled to take action without a meeting is the earliest date that a Member signs a consent. SECTION 4.DIRECTORS 4.1 Number,Tenure and Qualifications of Directors. (a) Appointment During Declarant Control Period. During the Declarant Control Period(defined in the Declaration), the Declarant shall appoint three (3) persons to serve on the Board of Directors. Those persons shall serve at the pleasure of the Declarant. - 5 - (b) Election After Declarant Control Period. After the Declarant Control Period the Members M may set the number of directors, provided that such number shall be no less than three(3) and no more than five (5). A director shall be elected by the Members for a term set by the membership, provided that such term shall be not less than one (1) year nor greater than five (5) years. If a director's term expires, the director shall continue to serve until the Members have elected and qualified a successor or until there is a decrease in the number of directors. If a vacancy occurs on the Board of Directors prior to a membership meeting, the remaining directors may fill the vacancy. When the directors elect a director to fill a vacancy, the director's term expires at the next membership meeting at which Members elect directors. Directors shall be either individual Members of the Association or authorized representatives of entity Members of the Association. (c) Nomination and Voting. The Board may nominate qualified persons for vacant director positions. Members may also make such nominations from the floor at a meeting where directors are to be elected. Each Member (or if more than on Person holds a membership interest, their representative) shall be entitled to cast the number of Member Votes allocated to such Member's Lot as set forth in the Declaration with respect to each vacancy to be filled at any election of directors. The candidates receiving the greatest number of votes shall be elected. 4.2 Removal of Directors. One or more directors elected by the Members may be removed, with or without cause, if a majority of the Member Votes present at a duly constituted meeting affirmatively votes for such removal. Notice must be sent to all Members and directors that a purpose of the meeting is removal. 4.3 Regular Meetings of the Board of Directors. The Board of Directors shall hold a regular meeting • immediately after, and at the same place as, the annual membership meeting. No notice of the meeting other than this Bylaw is required. The Board of Directors may provide, by resolution, the date, time and place (which shall be within Gallatin County, Montana) of additional regular meetings. Regular Board meetings may be held by conference telephone, if convened in accordance with Section 4.5. 4.4 Special Meetings of the Board of Directors. The president, or one-third (1/3) of the directors then in office may call and give notice of special meetings of the Board of Directors. Those authorized to call special Board meetings may fix any place within Gallatin County, Montana, as the special meeting place. Special Board meetings may be held by conference telephone, if convened in accordance with Section 4.5. 4.5 Board of Director Meetings by Conference Telephone. If authorized by the Board of Directors, the Board or any designated committee of the Association may participate in a Board or committee meeting by means of conference telephone or similar communications equipment, provided all persons entitled to participate in the meeting receive proper notice of the telephone meeting (see Section 3.9), and provided all persons participating in the meeting can hear each other at the same time. A director participating in a conference telephone meeting is deemed present in person at the meeting. The chairperson of the meeting may establish reasonable rules governing conduct of the meeting by phone. 4.6 Notice of Special Director Meetings; Waiver. The Association's secretary shall give either oral or written notice of any special Board meeting at least two (2) days before the meeting. The notice shall include the meeting place, day and hour. If the meeting is to be held by conference telephone, the secretary must provide instructions for participating in the telephone meeting. Any director may waive notice of any meeting. The waiver must be in writing, signed by the director entitled to the -6 - • notice, and filed with the minutes or corporate records. A director's attendance at a meeting waives the director's right to object to lack of notice or defective notice of the meeting; this shall be true unless the director, at the beginning of the meeting (or promptly upon arrival), objects to holding the meeting or transacting business at the meeting, and does not vote for or assent to action taken at the meeting. Neither the secretary nor director needs to specify in the notice or waiver of notice the business to be transacted at,or the purpose of, any special Board meeting. 4.7 Directors,Manner of Acting. (a) Required Number to Constitute Act. The act of a majority of the directors of the Association shall be the act of the Board of Directors. (b) Director Approval. The Association shall deem a director to have approved of an action taken if the director is present at a meeting of the Board unless: (i) The director objects at the beginning of the meeting (or promptly upon arrival) to holding it or transacting business at the meeting; or (ii) The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or (iii) The director delivers written notice of dissent or abstention to the presiding officer of the meeting before its adjournment or to the Association immediately after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. 4.8 Conduct of Board of Directors Meetings. The president, or in the president's absence, the vice- president, or in their absence, any person chosen by the directors present shall call the meeting of the directors to order and shall act as the chairperson of the meeting. The chairperson, or the chairperson's designee, shall establish rules of the meeting that will freely facilitate debate and decision-making. The chairperson will indicate who may speak when and when a vote will be taken. The secretary of the Association shall act as the secretary of all meetings of the directors, but in the secretary's absence, the presiding officer may appoint any other person to act as the secretary of the meeting. 4.9 Director Action Without a Meeting. The directors may act on any matter generally required or permitted at a Board meeting, without actually meeting, if all the directors take the action, each one signs a written consent describing the action taken, and the directors file all the consents with the records of the Association. Action taken by consents is effective when the last director signs the consent, unless the consent specifies a different effective date. A signed consent has the effect of a meeting vote and may be referred to as a meeting vote in any document. 4.10 Director Compensation. Directors shall not receive compensation for services rendered to the Association. Directors shall, however, be entitled to reimbursement for actual expenses incurred in the performance of their duties. 4.11 General Powers. Except as otherwise provided by the Declaration and articles of incorporation, all Association powers shall be exercised by or under the authority of the Board of Directors, and the Board shall manage and direct the business and affairs of the Association. Without limiting the generality of the foregoing,the Board of Directors is empowered to do the following things: (a) Exercise ultimate decisional power in and on all matters affecting the Association, except for those matters reserved to the Members or the Declarant. - 7 - (b) Enter into contracts and agreements as are necessary to conduct the business of the ! Association. (c) Designate, hire and dismiss the personnel necessary for the Association's operation and for the maintenance, operation, repair and replacement of the Common Property. The Board may, where appropriate, provide for the compensation of such personnel and for the purchase of equipment, supplies and materials to be used by such personnel in the performance of their duties. (d) Make and establish rules and regulations for the governance of the Common Property. (e) Prepare budgets and levy Assessments as described in these Bylaws and the Declaration. (f) Take necessary and appropriate action to collect Assessments from Members, including filing liens and prosecuting foreclosures. (g) Call meetings of the Association, both annual and special, preside over such meetings. and give appropriate notice of such meetings as required by these Bylaws. (h) Formulate and introduce resolutions at the meetings of the Association. (i) Pay the expenses of the Association, including all property taxes and assessments. (j) Obtain and carry insurance against casualties and liabilities, as provided in the Declaration, and paying the premium cost thereof, and to provide for the use and disposition of insurance ! proceeds in the event of loss or damage to Association property. (k) Maintain a list of members. (1) Promote, conserve,and preserve the Common Property. (m) Establish accounts in banks or other financial institutions for operating and reserve funds as set out in the Declaration. 4.12 Committees. (a) Committees in General. Pursuant to the Montana Nonprofit Corporation Act, Montana Code Annotated §35-2-433, and subject to the limitations therein, the Board of Directors may create one or more committees and appoint members of the Board to serve on them. Each committee must have two or more members. Committees shall serve at the pleasure of the Board of Directors. (b) Cannery District Review Committee. The Board of Directors shall establish the Cannery District Review Committee ("CDRC") to review and approve plans for the construction of Improvements on the Property in accordance with the Declaration. The number of CDRC members and the CDRC's function shall -be as set forth in the Declaration. The Board of Directors, in its discretion, may serve as the Cannery District Review Committee. 4.13 Managing Agent. The Board of Directors may employ for the Association a professional management agent at a compensation established by the Board to perform such day-to-day ! operations of the Association as the Board shall authorize. The Declarant, or an affiliate of the Declarant, may be employed as managing agent or manager. No management contract may have a - 8 - • term in excess of one year and must permit termination by either party without cause and without termination fee on 30 days' or less written notice. 4.14 Borrowing. The Board of Directors shall have the power to borrow money for the purpose of maintenance, repair or restoration of the Common Property without the approval of the Members of the Association. The Board shall also have the power to borrow money for other purposes; provided, the Board shall obtain Member approval in the same manner provided in Section 5.4(b) of the Declaration for Special Assessments if the proposed borrowing is for the purpose of modifying, improving or adding amenities and the total amount of such borrowing exceeds or would exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. 4.15 Enforcement. The Board shall have the power to impose reasonable fines and to suspend an Owner's right to use the Common Property for violation of any duty imposed under the Declaration, these Bylaws or any rules and regulations duly adopted hereunder; provided, however, nothing herein shall authorize the Association or the Board of Directors to limit ingress and egress to or from a Lot or to suspend an Owner's right to vote due to nonpayment of assessments. In the event that any Occupant of a Lot violates the Declaration, Bylaws or a rule or regulation and a fine is imposed, the fine shall first be assessed against the Occupant; provided, however, that if the fine is not paid by the Occupant within the time period set by the Board, the Owner shall pay the fine upon notice from the Association. The failure of the Board to enforce any provision of the Declaration, Bylaws or any rule or regulation shall not be deemed a waiver of the right of the Board to do so thereafter. (a) Notice. Prior to imposition of any sanction, the Board or its delegate shall serve the alleged violator with written notice describing (i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) a period of not less than 10 days within which the alleged violator may present a written request to the Board of Directors for a hearing; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within 10 days of the notice. If'a timely challenge is not made, the sanction stated in the notice shall be imposed. (b) Hearing. If a hearing is requested in a timely manner, the Board shall conduct a hearing affording the Owner a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, Director or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. The Board of Directors may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the 10-day period. Such suspension shall not constitute a waiver of the right to sanction fixture violations of the same or other provisions and rules by any person. (c) Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Association, acting through the Board of Directors, may elect to enforce any provision of the Declaration, these Bylaws or the rules and regulations of the Association by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity of compliance with the procedure set • forth above. In any such action, to the maximum extent permissible, the Owner or Occupant responsible for the violation of which abatement is sought shall pay all costs actually incurred, including reasonable attorney's fees. - 9 - • SECTION 5.OFFICERS 5.1 Number of Officers; Qualification. The officers of the Association shall be a president, a secretary, and a treasurer. The same person may hold the offices of secretary and treasurer. The Board may appoint a vice-president if it deems such office necessary. All officers must be individual Members of the Association or authorized representatives of entity Members of the Association. The president and vice-president shall be appointed from among the directors. The secretary and treasurer need not be directors. 5.2 Appointment and Term of Office. The Board of Directors shall appoint officers of the Association for a term that the Board determines. If the Board does not specify a term, the officers shall hold office until the next annual meeting of the Board. 5.3 President. The president shall be the principal executive officer of the Association. The president shall be subject to the control of the Board of Directors and shall in general supervise and control, in good faith, all of the business and affairs of the Association. The president shall, when present, preside at all meetings of the Members and of the Board of Directors. 5.4 Vice President. The vice president, if one is appointed, shall perform, in good faith, the president's duties if the president is absent, dies, is unable or refuses to act. If the vice president acts in the absence of the president, the vice president shall have all presidential powers and be subject to all the restrictions upon the president. The vice president shall perform any other duties that the president or Board of Directors may assign to the vice president. 5.5 Secretary. The secretary shall in good faith: (a) create and maintain one or more books for the minutes of the proceedings of the Members and of the Board of Directors; (b) provide that all notices are served in accordance with these Bylaws, the Declaration, or as required by law; (c) be custodian of the Association's records; (d) when requested or required, authenticate any records of the Association; (e) keep a current list of the mailing addresses of the Members; (f) sign on behalf of the Association, all records, documents and instruments when such are authorized to be signed by the Association; and (g) in general perform all duties incident to the office of secretary and any other duties that the president or the Board of Directors may assign to the secretary. 5.6 Treasurer. The treasurer shall: (a) have charge and custody of the accounts of the Association; (b) receive and give receipts for moneys due and payable to the Association from any source, and deposit all moneys in the Association's name in banks or other depositories that the Board shall select; (c)prepare and provide such periodic accounting as shall be required by the Association; and (d) in general perform all of the duties incident to the office of treasurer and any other duties that the president or Board of Directors may assign to the treasurer. 5.7 Officer Compensation. Officers shall not receive compensation for services rendered to the Association. Officers shall, however, be entitled to reimbursement for actual expenses incurred in the performance of their duties. - 10 - • SECTION 6.INDEMNIFICATION OF DIRECTORS,OFFICERS AND AGENTS 6.1 Indemnification of Directors (a) General.'An individual made a party to a proceeding because the individual is or was a director of the Association may be indemnified against liability incurred in the proceeding, but only if the indemnification is both: (i) Determined permissible; and (ii) Authorized, as defined in subsection (b) of this Section 6,1. The indemnification is further subject to the limitation specified in subsection(d)of this Section 6.1. (b) Determination, and Authorization. The Association shall not indemnify a director under Section 6.1 unless: (1) Determination. Determination has been made in accordance with procedures set forth in the Montana Nonprofit Corporation Act that the director met the standard of conduct set forth in subsection(c)below; and (2) Authorization. Payment has been authorized in accordance with procedures listed in the Montana Nonprofit Corporation Act based on a conclusion that the expenses are reasonable, the Association has the financial ability to make the payment, and the financial resources of the Association should be devoted to this use rather than some other use by the Association. • (c) Standard of Conduct. The individual shall demonstrate that: (i) The individual acted in good faith; and (ii) The individual reasonably believed: (A) In acting in an official capacity with the Association, that the individual's conduct was in the Association's best interests; (B) In all other cases, that the individual's conduct was at least not opposed to the Association's best interests; and (C) In the case of any criminal proceeding, that the individual had no reasonable cause to believe that the conduct was unlawful. The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contenders or its equivalent, is not, of itself, a determination that the director did not meet the standard of conduct described in this section. (d) No indemnification Permitted in Certain Circumstances. The Association shall not indemnify a director under Section 6.1 if (i) The director was adjudged liable to the Association in a proceeding by or in the right of the Association; or - 11 - (ii) The director was adjudged liable in any other proceeding charging that the director • improperly received personal benefit, whether or not the individual acted in an official capacity. (e) Indemnification Limited. Indemnification permitted under Section 6.1 in connection with a proceeding by the Association or in the right of the Association is limited to the reasonable expenses incurred in connection with the proceeding. 6.2 Advance Expenses for Directors The Association may pay for or reimburse, in advance of final disposition of the proceeding, the reasonable expenses incurred by a director who is a party to a proceeding if: (a) By following the procedures of the Montana Nonprofit Corporation Act the Board of Directors determined that the director met requirements(c)—(e) listed below; (b) The Board of Directors authorized an advance payment to a director; (c) The director has furnished the Association with a written affirmation of the director's good faith belief that the director has met the standard of conduct described in Section 6.1; (d) The director has provided the Association with a written undertaking, executed personally or on the director's behalf, to repay the advance if it is ultimately determined that the director did not meet the standard of conduct; the director's undertaking must be an unlimited general obligation, but need not be secured, and the Association may accept the undertaking without reference to financial ability to make repayment; and (e) The Board of Directors determines that the facts then known to it would not preclude • indemnification under Section 6.1 of these Bylaws or the Montana Nonprofit Corporation Act. 6.3 Indemnification of Officers, Agents and Employees The Board of Directors may choose to indemnify and advance expenses to any officer, employee, or agent of the Association applying those standards described in Sections 6.1 and 6.2 of these Bylaws. 6.4 Mandatory Indemnification Notwithstanding any other provisions of these Bylaws, the Association shall indemnify a director or officer who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the director or officer was a party because he or she is or was a director or officer of the Association, against expenses incurred by the director or officer in connection with the proceeding. SECTION 7.BOOKS AND RECORDS; INSPECTION 7.1 Corporate Records. (a) Minutes and Financial Records. The Association shall keep a record of the minutes of all meetings of its Members and Board of Directors, a record of all actions taken by the Members or Board of Directors without a meeting, and a record of all actions taken by a committee of the Board of Directors acting in place of the Board and on behalf of the Association. The Association shall maintain appropriate financial records. (b) Membership List. The Association shall maintain a record of the Members' names and addresses. The membership list shall indicate each Member is entitled to one vote. - 12 - • (c) Form. The Association shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time. (d) Other Records. The Association shall keep a copy of the following records at its principal office or at a location from which the records may be recovered within two (2)business days: (i) Its articles or restated articles of incorporation and all amendments to them currently in effect; (ii) Its Bylaws or restated Bylaws and all amendments to them currently in effect; (iii) A copy of the Declaration; (iv) Resolutions adopted by its Board of Directors; (v) The minutes of all membership meetings, and records of all actions taken by Members without a meeting, for the past three(3)years; (vi) The financial statements, if any, furnished for the past three(3) years to the Members; (vii) A list of the names and business addresses of its current directors and officers; and, (viii) Its most recent annual report delivered to the Secretary of State. 7.2 Member's Rights to Inspect Corporate Records • (a) Absolute Inspection Rights of Records by Members. A Member (or a Member's agent or attorney) is entitled to inspect and copy, at a reasonable time and location specified by the Association, any of the records of the Association described in Section 7.1(d). The Member must give the Association written notice or a written demand to inspect at least 5 days before the date on which the Member wishes to inspect and copy. (b) Conditional Inspection Right. The Member (or the Member's agent or attorney) may inspect and copy, at a reasonable time and reasonable location specified by the Association, additional records listed in Section 7.2(c) if the Member meets the following criteria: (i) The Member must give the Association a written,demand to inspect made in good faith and for a proper purpose at least 5 business days before the date on which the Member wishes to inspect and copy; and (ii) The Member must describe with reasonable particularity: (A) The Member's purpose and (B) The records that the Member desires to inspect; and (iii) The Association must approve that the records are directly connected with the Member's purpose. (c) Additional Records. If the Member meets the requirements of Section 7.2(b), the Member may inspect and copy: • 13 - (i) Excerpts from minutes of any meeting of the Board of Directors, records of any action • of a committee of the Board of Directors acting on behalf of the Association, minutes of any meeting of the Members, and records of action taken by the Members without a meeting, to the extent not subject to inspection under subsection(a)of Section 7.1; (ii) Financial records of the Association; and (iii) - The membership list. (d) Copy Costs. The right to copy includes the right to photocopy. The Association may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the Member. The charge may not exceed the estimated cost of production or reproduction of the records. SECTION 8.MISCELLANEOUS 8.1 Contracts. The Board of Directors may authorize any officer(s) or agent(s) to enter into any contract or to execute or deliver any instrument in the name of and on behalf of the Association. The authorization may be general or specific. In the absence of another designation, the president and the secretary shall make all corporate deeds, mortgages and instruments of assignment or pledge. 8.2 Checks, Drafts, etc. The Board of Directors shall authorize by resolution which officer(s) or agent(s) may sign and issue all Association checks, drafts or other orders for payment of money, and notes or other evidence of indebtedness. The Board of Directors shall also determine by resolution the manner in which these documents will be signed and issued. • 8.3 Deposits. The treasurer of the Association shall deposit in banks and other depositories all Association funds that are not being used. The Board of Directors shall authorize by Board resolution the exact location of the banks and depositories. 8.4 Insurance. The Board of Directors may purchase insurance policies to protect the property of the Association against casualty loss and to protect the Association, and its Board of Directors, officers and agents, when acting in their official capacity from liability. 8.5 Fiscal Year. The fiscal year of the Association shall be the calendar year or as otherwise set by resolution of the Board of Directors. SECTION•9.AMENDMENTS 9.1 Amendments.'Prior to the fee conveyance of Lots holding a sixty percent(60%) Membership Interest (determined in accordance with Paragraph 4.3(a) and disregarding the provisions of Paragraph 4.3(b) of the Declaration) in the Association to Persons other than Declarant(or an entity controlled by or under common control with Declarant). Thereafter, these Bylaws may amended by the Association upon approval of seventy-five percent (75%) of the Member Votes at a meeting duly noticed and called for such purpose. If a proposed amendment is favored by a majority of the votes cast at a meeting, but such vote is less than the requisite seventy-five percent (75%) of the votes of the membership interests, Members who were not present in person or by proxy may give their assent to any amendment in writing, provided that the same is received by the Secretary of the Association not later than thirty (30) days from the date of such meeting wherein the action was voted upon. No amendment may remove, revoke or modify any right or privilege of Declarant • without the written consent of Declarant or the assignee of such right or privilege. - 14 - IN WITNESS WHEREOF, the undersigned, the incorporator of the Association, hereby adopts the foregoing Bylaws on , 2016. Scott R. Dehlendorf,Incorporator The Declarant hereby approves the foregoing Bylaws as the bylaws of the Association. Cannery District Partners, LLC by: CDP Management, LLC by: Barry L. Brown,Manager by: Scott R. Dehlendorf,Manager STATE OF MONTANA ) ss. County of Gallatin ) This instrument was acknowledged before me on 2016, by Scott R. Dehlendorf as • incorporator of the Cannery District Property Owners Association and as a Manager of CDP Management, LLC, a Montana limited liability company, the Manager of Cannery District Partners, LLC,' a Montana limited liability company.. Notary Signature Seal: STATE OF MONTANA ) ss. County of Gallatin ) This instrument was acknowledged before me on 2016, by Barry L. Brown as a Manager of CDP Management, LLC, a Montana limited liability company, the Manager of Cannery District Partners, LLC, a Montana limited liability company. Notary Signature Seal: • - 15 - r I W c W v a r c � a , z oa 1 r'` IIIF O 1 o-os� e W 0. C) �r i„- C � 1 a O h c C 'r7 C o, I A - t •� vr 1 ; a LA n - e 7 r* ® on Q4 r �• 1 Rouse f OEM O V o 0 PRWCYS: r Cannery District- Site Planning a Q �D oar H `yam . ' H Final PUD o - �' - _ � V Q A m Oak Street,Bozeman Montana ' Submittal G) ; �� m 0 (D ro DATE:2/112016 Can ery District Partners `° min �S J Return to: City of Bozeman Department of Community Development 20 East Olive Street Bozeman,MT 59715 ANNEXATION DISTRICT AGREEMENT FOR CANNERY DISTRICT PROPERTY This Annexation District Agreement("Agreement") is made 75- , 2015,by CANNERY DISTRICT PARTNERS, LLC, a Montana limited liability compan , 1006 West Main Street, Bozeman, Montana 59715 (the "Landowner"), and the CITY OF BOZEMAN, a municipal corporation and self- governing political subdivision of the State of Montana, City Hall, 121 North Rouse Avenue, Bozeman, Montana 59715 (the"Cit '). Landowner and the City are sometimes referred to herein collectively as the "Parties"and individually as a"Party." RECITALS A. Landowner is the owner in fee of contiguous parcels of real property (collectively, the "Cannery District" or the "Project") situated both in the City of Bozeman and in Gallatin County, Montana, legally described as follows: In Gallatin County: Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land being Tract 1 and Tract 2 of Correction COS 2128B, and the parcel known as COS 2548, all located within the SW'/ of Section 6, Township 2 South, Range 6 East, P.M.M, Gallatin County,Montana. In the City of Bozeman: Lots 1,2,and 3 of Amended Subdivision Plat ,a tract of land being Tract 3-A of COS 2128B, and portions of Block 2 and Block 3 of the Imes Addition to Bozeman that lie North of Plats C-41-D and C-41-K which are considered East Oak Street, located within the SWI/ of Section 6,Township 2 South,Range 6 East,P.M.M,City of Bozeman,Gallatin County,Montana. B. Existing buildings in the Cannery District, located on Project property in Gallatin County situated outside of the present City limits, have been connected to City water and sewer services, and Landowner and its predecessors-in-interest have paid rates for those services.The Parties have been unable to locate agreements or other documentation of the historical provision and use of such services within the Cannery District,but the Parties believe the date of commencement was as early as the 1920s. C. Landowner desires to develop the Cannery District by restoring and renovating existing buildings and structures, constructing new buildings, and constructing the infrastructure and other improvements necessary to serve the Project.Landowner intends to develop the Cannery District in I ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015)...........................................................................PAGE I I I I l L' phases in accordance with a comprehensive development plan using a planned unit development ("PUD")to allow for flexibility in Project development and in repurposing of the former industrial site.The phases will correspond to the following tracts of land: "Phase 1": Tract 2 of COS 2877; "Phase 2": Lots 1,2,and 3 of Amended Subdivision Plat ; "Phase 3": Tract 3 of COS 2877;and "Phase 4": Tract 1 of COS 2877. D. Landowner desires that those portions of the Cannery District presently lying outside the City limits—Phases 1, 3, and 4—ultimately be annexed into the City. Prior to annexation, however, Landowner wishes to refurbish existing buildings and structures located within Phase 1 and complete infrastructure improvements to serve those buildings and future development pursuant to plans approved by Gallatin County. Landowner intends, contemplating receipt of City services and eventual annexation, to build the infrastructure improvements in compliance with established City standards. Landowner further desires to work cooperatively with the City of Bozeman to plan for eventual development of Phases 3 and 4 prior to construction of buildings requiring City water and sewer services occurring in those phases,and,upon submission and approval of a final site plan for any newly-constructed building requiring City water and sewer services, complete the annexation process for the entire Phase within which the new building is located. E. Annexation of Phases 1, 3, and 4 is consistent with City goals and policies as expressed in Commission Resolution No.4400.The Landowner desires and the City is amenable to annexing the Phases 1,3,and 4 in stages. F. The Parties have determined that it is in the best interests of the City and Landowner, and that it will further the public health, safety and welfare of the community, to create an annexation district ("Annexation District"), pursuant to the provisions of Montana Code Annotated §7-2-4625 and Title 7, Chpt. 2,Part 46,MCA, for the purpose of facilitating the staged annexation of Phases 1, 3, and 4 into the City and the ongoing and future provision of City services. G. The Parties desire to (i)establish the term of the Annexation District; (ii)provide for the riming of annexation; (iii)provide for the provision of certain City services to the Cannery District during the term of the Annexation District; (iv) allow for design, review, and approval of a PUD for the Annexation District lands during the Annexation District term; and (v) provide for the payment of costs and fees associated with both the provision of City services and annexation,all as set forth in this Agreement. H. The Parties recognize the portion of the Cannery District lying outside the City is not currently served by City fire service nor is this portion of the Cannery District within an established Fire District or Fire Service Area. I. The Parties recognize state or local law, including land use regulations related to planning,zoning, and subdivision, the provision of utilities, taxes and assessments, etc.may change during the term of the Annexation- District and this Agreement and which have not been contemplated by the Parties. It is the intent of the Parties to comply with such changes in law and that nothing herein may be construed so as to restrict the application of such changes to the development of the Cannery District and the Annexation District. ANNEXATION DISTRICT AGREEIENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 2 1 AGREEMENT The Parties,intending to be legally bound,agree as follows: 1. Creation of Annexation District; Effective Date. Pursuant to the provisions of Montana Code Annotated §7-2-4625,Landowner has filed file a petition with the City of Bozeman,Department of Community Development,consenting to future annexation pursuant to this Agreement and seeking to create the Annexation District consisting of all lands comprising Phases 1, 3, and 4 of the Cannery District. A copy of this unsigned Agreement was attached to the Petition. The effective date ("Effective Date") of this Agreement shall be the date upon which the Bozeman City Commission finally adopts a resolution creating the Annexation District and authorizes execution of this Agreement. 2. Term of Annexation District. The term ("Tenn") of the.Annexation District shall be (7) years. Unless sooner annexed as provided herein, and notwithstanding any other provision of this Agreement, all of the lands comprising Phases 1, 3, and 4 of the Cannery District shall be deemed conclusively annexed into the City of Bozeman upon expiration of the Term. The Annexation District shall dissolve upon the earlier of(i) expiration of the Tenn; or(ii) annexation into the City of all lands within the Annexation District pursuant to the provisions of Section 3 of this Agreement. 3. Provisions for Timing of Annexation;Notice of Annexation. Each of the Phases 1, 3,and 4 shall be governed by the following criteria set forth in this Section for annexation into the corporate limits of the City of Bozeman. (a) Phase 1. The lands in Phase 1 shall be annexed into the City on the earlier of the following dates: (i) No later than one(1)year after the date when all of the presently existing Buildings in Phase 1, designated as Buildings E, F, G, and H on the attached Exhibit A, have been restored and renovated by Landowner (or by its successors, should Landowner convey an existing building or space prior to renovation), and subsequent to restoration and renovation, ninety-five percent (95%) of the rentable space therein has either been leased and occupied by Landowner's tenants or sold to third parties unrelated to Landowner,or (ii) The date that is five(5)years measured from the Effective Date. Landowner shall provide the City a written rent roll summary each calendar quarter after the date of this Agreement and until Phase 1 is annexed showing the status of the lease and occupation of each rentable space within Phase 1. For a sale, Landowner shall provide the City written notice of such sale no later than thirty(30)days after closing the sale. If construction activities to renovate and restore existing building(s) and structures in Phase 1 are underway at the time Phase 1 is annexed into the City, Landowner shall have the right to complete such renovation without the necessity of applying for City development approval, plan approval, building permits or other similar City approvals; provided that Landowner is in compliance with all applicable building codes and State of Montana issued building permits and all Gallatin County planning and zoning requirements. If a PUD has been approved by the City, such renovation must also be consistent with the approved PUD. The ANNEXATION DISTRICT AGREEwNT-CANNERY DISTRICT(REV.5-22-2015)...........................................................................PAGE 3 City and Landowner agree to work cooperatively to complete all necessary inspections to certify the renovated building(s)for occupancy. (b) Phases 3 and 4.The lands in Phases 3 and 4 shall be annexed separately into the City prior to commencement of construction of the first building within a Phase requiring connection to City water or sewer services. The trigger date for annexation of the affected Phase shall be the date that the City either approves a final site plan or issues a building permit(whichever is earlier)for the building.Annexation shall not be triggered by(i)Landowner's realignment of lot boundaries in a manner exempt from subdivision review or(ii)Landowner's construction in Phases 3 or 4 of utility lines, parking areas, internal roadways, driveways, walkways, lighting, and other infrastructure improvements or construction and use of temporary or permanent structures (not requiring water and sewer services) for construction staging, equipment storage,housing of utilities or similar purposes. (c) Annexation to be Self-Operating; Notices. Annexation of Phases 1, 3, and 4 under this Agreement shall be self-operating. Immediately upon any Project Phase meeting the criteria for annexation set forth in this Section 3, and in any case no later than the expiration of the Term, such Phase shall be deemed conclusively annexed to the City, Upon annexation the annexed land shall no longer be part of the Annexation District, all City services available to owners and lands within the City limits shall be available to owner(s) of the annexed land, and all duties and obligations applicable to property located within the City shall be applicable to annexed lands. Notwithstanding the requirement in Subparagraph 3(a) to provide written notice to the City regarding lease or sale of portions of buildings within Phase 1, Landowner shall promptly give notice of annexation to the City no later than thirty(30)days after the existing Buildings in Phase 1 have been renovated and leased or sold as provided in Subparagraph 3(a)(i)prior to the date set forth in Subparagraph 3(a)(ii). Otherwise, either Party may give other Party notice of annexation of a Phase. Notices of annexation shall be given as provided in Section 11 and in a form suitable for recording in the Gallatin County records Costs of recording such notices of annexation shall be borne by the Landowner or its successors in interest. 4. Zoning. Within thirty(30) days after the petition for creation of the Annexation District has been filed, Landowner shall submit an application, on forms prescribed by the City's Department of Community Development, together with all required application fees and required materials, for a zone map amendment designating the entirety of the Cannery District Property as zone B-2 (Community Business District). Upon receipt of a completed application and all required submissions, the City will process the application in accordance with its usual procedures, and it agrees,to the extent permitted under applicable law,to coordinate the zone map amendment review with the processes involved in consideration of Landowner's petition to create the Annexation District and Landowner's pending application for preliminary PUD approval in an effort to avoid duplicative procedures and undue delay. The Parties acknowledge that any City zoning designation for the Annexation District property shall apply to each Phase only upon annexation. Landowner recognizes the City's right to legislatively amend zoning regulations, designations, and districts and that any such legislative changes may affect Landowners property and development upon such property. In addition,nothing herein shall constitute a guarantee or promise the City will approve B-2 zoning or grant preliminary PUD approval. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-201 S)...........................................................................PAGE 4 5. City Services and Payments Pending Annexation/Annual Fee. During the Tenn of this Agreement, the City will provide to the properties located within the Annexation District the services specified in this Section. The City's continued provision of each of the services shall be subject to the conditions provided herein, including Landowner's, or its successors in interest's, obligation to pay fees or rates for such services and the annual fee as defined herein. (a) Fire Protection and Inspection. (i) Provision of Fire Protection.The City agrees to provide during the Term fire protection services to all property within the Annexation District, including the existing buildings situated in Phase 1. (ii) Inspections./Information. As a condition of the City providing fire protection, Landowner consents and agrees to Bozeman Fire Department inspectors conducting periodic fire inspections of the Phase 1 existing buildings. The Parties acknowledge that Landowner presently intends to replace the fire suppression systems in the Phase 1 existing buildings to be renovated,beginning with the system in the four-story Cannery Building (designated Building E, on the attached Exhibit A). In addition to periodic inspections; the City agrees to conduct timely periodic fire inspections during installation of the new suppression systems to identify any deficiencies or code noncompliance. Landowner agrees to take corrective action for deficiencies or noncompliance identified as a result of those inspections. During construction activities in Phase 1,Landowner Inust provide the City with copies of all State building permits, inspection reports, notices of corrective action, approved building plans,and any other information the City may reasonably require from time to time to assist it in the provision of fire service. (iii) Commencement of Services. Fire protection and inspection services, and Landowner's obligation to pay the annual fee as described below, shall commence on the Effective Date of this Agreement. (iv) Fireworks. Landowner shall comply with Chapter 18,Article 5,BMC regarding the use of fireworks. (b) Water, Sewer and Stormwater. (i) Water and Sewer Services. The Parties acknowledge that the City has historically furnished to Landowner and its predecessors-in-interest water and sewer services for the land, buildings, and improvements that comprise Phase 1. The City agrees to continue to provide water and sewer services to serve Phase l's existing buildings and lands subject to the provisions of this Agreement and the City's right to discontinue service for non-payment of fees for services. Landowner, its lessees, renters, or their successors in interest shall pay all sewer and water utility fees. (ii) Water and Sewer Infrastructure. During the Tenn, Landowner plans to upgrade, replace, and/or install, at its expense, water and sewer infrastructure to serve all planned uses of the Cannery District. Landowner agrees that all such water and sewer infrastructure in the Project will be built in accordance with the version of the City of Bozeman's Modi ications to the Montana Public Works Standard Specifications and ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 5 the City of Bozeman Design Standards and Specifications in effect at the time of such work. The City will accept ownership and maintenance of such infrastructure situated within easements granted to the City by Landowner, except service lines for buildings and other improvements,provided the City determines,in its reasonable discretion,that the following conditions have been met: • The City has received certification by a licensed professional engineer, at Landowner's expense, that water and sewer infrastructure to be granted to and maintained by the City has been built in compliance with then-current City standards as described above; • Landowner has furnished the City with record drawings of the water and sewer infrastructure; • Landowner provides the City, in a form acceptable to the City Attorney, and to be effective on the date the City accepts the sewer and water infrastructure: o A two-year warranty guaranteeing the work is free from defects of materials and workmanship and promising to promptly repair all faults of such work at no expense to the City; o A maintenance bond naming the City as an obligee and equal to 20% of the actual costs of the improvements so the City may, if necessary, correct any deficiencies in workmanship and/or materials which are found within the two- year warranty period;and o A signed certification of completion and acceptance;and • The City has been given notice of commencement of water and sewer infrastructure improvements to the Project,and it has had opportunity to inspect construction and determine whether the improvements have been installed in compliance with City standards,and,if not,Landowner has made all corrections required by the City. (iii) Water and Sewer Easements. Landowner has granted to the City a Sewer and Water Pipeline and Access Easement and Agreement (the "Easement") dated February 27, 2015 and recorded March 27, 2015 as Document number 2507158 in the records of the Gallatin County Clerk and Recorder. The Parties understand and acknowledge that the Easement and the water and sewer infrastructure to be upgraded or installed therein are intended by the Landowner to supersede all existing City water and sewer easements and infrastructure located within the Cannery District lands, including such infrastructure that may present 'within and under platted streets and alleys located within the Cannery District's boundaries, except for an existing City water main located within the"Oak Street"created by City Ordinance No.575 and an existing City water easement described in a document recorded in Film 186, Page 3058, records of Gallatin County, Montana. To abandon such existing easements no longer necessary that may be present under platted streets and alleys within the Cannery District, Landowner must petition the City for vacation of streets, alleys and such sewer and water lines. (iv) Fees Pending Annexation. Landowner shall pay rates for water and sewer services in accordance with the City's then-current rate schedule, as the same may be amended from time to time. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(RSV.5-22-2015)...........................................................................PAGE 6 (v) Storinwater.In addition to the requirement of Paragraph 10(b),Landowner shall design and install stonnwater facilities for the Annexation District in compliance with all City standards regarding stonnwater retention and treatment pursuant to Chpt. 40, Art. 4, BMC, and the City of Bozeman Design Standards and Specifications in effect at the time of such work. Landowner shall install the stonnwater facilities at such times as are dictated by the orderly course of development of the Annexation District property. (c) Development Review. (i) Provision of Development Review Services. The City agrees to provide Landowner, during the Tenn,development review services for property lying within the Annexation District. Such review shall be applied for and conducted in accordance with procedures set out in the Uniform Development Code of the City of Bozeman ("UDC") and other applicable law. Landowner shall instigate all such review by making proper application to City department having jurisdiction over the review process sought. Development review may include,without limitation: • Consideration of one or more applications for exemption from subdivision review, including review of proposed boundary realignments of legal tracts within the Cannery District. The City acknowledges that Landowner may, during the Term, make joint applications to the City and Gallatin County to realign boundaries between the tracts located in the City and those presently located in Gallatin County outside of the City limits; • Concept, preliminary, and final plan review of a PUD for property within the Cannery District; • Zoning review, including (i) application(s) for zone map amendment and (ii) zoning-related applications and review made and conducted in conjunction with the PUD review process; and • Plan review for new construction of buildings in Phases 3 and 4. (ii) Review of PUD. The Parties acknowledge that it is Landowner's present intent and plan to develop the Cannery District,including all of the Annexation District lands,as a PUD under Article 20 of the UDC and that Landowner may submit application(s)to the City seeking final approval for such PUD during the Tenn and prior to annexation. Upon preliminary approval of a PUD for one or more Project phases, the City agrees that it will make a determination as to whether it has jurisdiction to approve a final PUD prior to annexation of the affected lands without the approval of Gallatin County officials. If, in the opinion of the City's legal counsel, the City lacks such power, and provided that the Landowner is diligently proceeding to meet all conditions set forth in the City's approved preliminary PUD, the City agrees that it will cooperate with Landowner and Gallatin County to coordinate any plan review necessary to obtain any necessary approvals from Gallatin County. (iii) Fees. Landowner shall pay fees for the City's development review services in accordance with the City's then-current fee schedule, as the same may be amended from time to time. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.$-22-201 S)...........................................................................PAGE 7 (d) Annual fees. Landowner shall pay the City $6,500 per year for city services provided to the Annexation District'pursuant to this Agreement and said fee shall be in addition to utility fees for sewer and water service and fees for development review services. Commensurate with execution of this Agreement,Landowner shall pay the City the initial fee of$6,500.00 per year prorated for the remainder of the City's current fiscal year.Payment of the initial fee is a condition precedent to execution of this Agreement. The annual fee shall be allocated to the Project's phases in accordance with the following percentages: Phase 1 -95.0%;Phase 3 -2.5%;and Phase 4-2.5%.The City may increase the fee for such services annually by an amount commensurate with increases allocated to such services in the City's general mill levy. Upon annexation of a phase, the annual fee shall be reduced by the percentage of the fee allocated to that phase. For all payments due after the initial fee described above, beginning with the City's fiscal year 2016 on July 1, 2015, the City shall invoice Landowner for the fee amount, and the invoice shall be due and payable thirty (30) days after receipt. If Landowner fails to pay the annual fee in full on or before the due date,the City may collect unpaid portions of the fee in the same manner that it collects delinquent taxes and fees for properties within its corporate limits,including the right to lien lands then situated within the Annexation District. 6. Phase 1 Renovation and Restoration Prior to Annexation. Landowner shall have the right, during the Term of this Agreement and prior to annexation, to rehabilitate, renovate, remodel, occupy,submit to a condominium regime,lease,or sell existing buildings and structures or portions thereof in Phase 1.Refurbishment and other construction activities shall proceed in accordance with rules and requirements of Gallatin County and the Montana Building Codes Bureau. All required inspections of the work completed on existing buildings and structures during the Term shall be completed by a building inspector(s) employed or approved by the Building Codes Bureau, except that the Bozeman Fire Department may conduct fire inspections during construction pursuant to the provisions of Subparagraph 5(a)(ii). Landowner may also during the Term construct infrastructure and common area improvements reasonably required to serve the existing buildings,provided that such infrastructure and improvements are completed in conformance with PUD plans Landowner has submitted to the City for consideration and approval. The Parties acknowledge that the existing Phase 1 buildings and structures will undergo substantial rehabilitation,renovation,and remodeling prior to annexation. Such work may result in significant changes to existing structures, including substantial modification of existing building footprints, increases in interior space, and addition of floors, balconies, decks, patios, and entryways. The Parties agree that notwithstanding such changes, the refurbished buildings will continue to be "existing buildings" for the purpose of construing the provisions of this Agreement. 7. Impact Fees. (a) Calculation and Payment. Landowner or its`§uccessors-in-interest, as the case may be, shall pay impact fees as provided in this Section. (i) Transportation. Transportation impact fees shall be paid as required by Section 2.06.1640, Bozeman Municipal Code ("BMC"). The amount of transportation impact fees to be paid,if any,shall be calculated based'on the provisions of the BMC in effect at the time an application for development approval, in one of the forms specified in Section 2.06.1640.A.1,BMC is submitted to the City. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 8 (ii) Fire Protection/EMS. For the provision of fire service and emergency medical service to the existing buildings in Phase 1, Landowner shall pay a fire protection and emergency medical service impact fee (under Section 2.06.1650, BMC) in the amount of $19,776.00 (nineteen thousand seven hundred seventy six dollars) in the manner provided in this Subparagraph. Fifty percent (50%) of this amount shall be due and payable at the time of execution of this Agreement; the remaining fifty percent (50%) shall be due and payable upon annexation of Phase 1. Landowner's future responsibility for fire protection and emergency medical service impact fees in all phases of the Project shall be as provided in Subparagraph 7(a)(vi)below. (iii) Water. Water impact fees shall be paid as required by Section 2.06.1660, BMC, after annexation and prior to obtaining a permit for future construction in the Cannery District requiring connection(or expansion of or additions to structures having existing approved connection)to the City water system.The amount of impact fees,if any,to be paid for connection of new buildings to the city's water services the,shall be calculated based on the provisions of the BMC in effect at the time of application for a permit to connect.No water impact fees shall be due for Phase 1 existing buildings at the time of annexation as those buildings have received and paid for City water services. Landowner's future responsibility for water impact fees, if any,shall be as provided for in Subparagraph 7(a)(vi),below. (iv) Wastewater. Wastewater impact fees shall be paid as required by Section 2.06.1670, BMC, as amended, after annexation and prior to obtaining a permit for future construction in the Cannery District requiring connection(or expansion of or additions to structures having existing approved connection) to the City wastewater system. The amount of impact fees, if any, to be paid for connection of new buildings to the cty's wastewater services,shall be calculated based on the provisions of the BMC in effect at the time of application for a permit to connect.No wastewater impact fees shall be due for Phase 1 existing buildings at the time of annexation as those buildings have received and paid for City wastewater services. Landowner's future responsibility for wastewater impact fees, if any, shall be as provided for in Subparagraph 7(a)(vi), below. (v) Credits; Exemptions. Nothing in this Agreement shall construed to abridge Landowner's right, under Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code, to apply for, claim, or assert credits against or exemptions from imposition of impact fees. (vi) Impact Fees after Annexation. Nothing herein shall be construed to negate the City's authority to require the payment of impact fees for properties located within the Cannery District should, after annexation and after completion of construction and improvements underway on the annexed property at the time of annexation, development occur on annexed property in a manner requiring payment of impact fees pursuant to Chapter 2,Article 6,Division 9 of the Bozeman Municipal Code. (b) Project Related Improvements. Landowner understands and agrees that any improvements, whether on-site or off-site, necessary to provide connection of the Cannery District to municipal services and which are wholly attributable to the property as reasonably determined by the City are "project related improvements" as defined in Section 2.06.1630.A.14,BMC,as amended,and as such,are not eligible for impact fee credits. ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 9 (c) Remedies for Non-Payment of Impact Fees. If Landowner or its successors, as the case may be,fails to pay properly assessed impact fees when due and payable, and should such default not be remedied or corrected within thirty(30)days after written notice by City to Landowner of such default,City may at its option: (i) Declare the amounts owing for impact fees immediately due and payable and City shall have the right to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises;or (ii) Elect any other remedy available to City under the laws of the State of Montana. 8. Water Rights; Cash-In-Lieu. Landowner shall make a payment-in-lieu of water rights, or shall make a transfer of one or more legally and physically adequate water rights acceptable to the City, for Project Phases 2, 3, and 4 as required by the provisions of Section 38.23.180,BMC.. The water rights or required payment-in-lieu shall be determined and made in accordance with the provisions of Section 38.23.180, BMC, and City of Bozeman Administrative Order 2013-07. Landowner and the City agree that no transfer of water rights or payment-in-lieu shall be required of Landowner with respect to Project Phase 1 and its existing buildings, it being recognized that (x)Phase 1 has been served by City water for many decades and its owners have paid rates therefore;(y) as to the use of City water, the Phase 1 buildings are not a new development necessitating the acquisition of new water rights; and(z)and the City's existing water rights have historically been and continue to be sufficient to serve Phase 1 and its existing buildings. Nothing herein, however, shall be construed to negate the City's authority to require the provision of water rights or cash-in-lieu for additional development occurring on Phase 1 after annexation (except for additional development of the existing buildings) if such development would require the provision of water rights or payment of cash-in-lieu. 9. Extension of Services Plan/Services upon Annexation. The Parties intend that the provisions of this Agreement satisfy the requirements of an extension of services plan under the provisions of Section 7-2-4610,Montana Code Annotated.Upon annexation,the City shall provide the following customary city services to the annexed property: continued fire suppression, police and law enforcement, general administrative services, storm water drainage, streets, parks and recreation, solid waste disposal,and continued sewer and water services. 10. Requirements to be Completed Prior to Annexation of any Phase. (a) Comprehensive Water and Water Design Report. Prior to annexation of any Project phase, the City may require Landowner to have prepared by a professional engineer,at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the phase pending annexation. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the Project. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to the water or wastewater system are necessary, Landowner, at its expense, shall complete the necessary system improvements to serve the proposed phase prior to annexation. (b) Stormwater Master Plan. Landowner understands and agrees that a stormwater master plan for the Cannery District for a system designed to remove solids, oils, grease, and other ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 10 pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. Such plan,if required, must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details,basin sizing calculations, and stormwater maintenance plan. (c) Waiver of Right-to-Protest Special bnprovement Districts.Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts (SID) for the maintenance of any parks within the annexed area and/or of a City wide park maintenance district. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of maintenance costs for such parks.The waiver is attached hereto as Exhibit B and is hereby incorporated into and made a part of this Agreement. In addition, Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements,including but not limited to paving, curb/gutter, sidewalk and storm drainage facilities for Oak Street and for intersection improvements to the intersection of Oak Street and North 7'h Avenue (attached hereto as Exhibit Q. Landowner agrees that if the above SIDS are not utilized for the purposes described in this Paragraph, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share,proportionate basis as determined by square footage of property, taxable valuation of the property,traffic contribution from the development or a combination thereof. (d) Standard of Facility Installation.Notwithstanding any other provision of this Agreement, the Landowner shall be responsible for installing all facilities required to provide municipal services to the Cannery District in accordance with this Agreement, the City's infrastructure master plans,and City regulations,policies and guidelines that may be in effect at the time of any development. Landowner understands and agrees that there is no right, either granted or implied, for the Landowner to commence construction of any new building requiring City services in Phases 3 or 4 the Annexation District absent full compliance of the terms and conditions of this Agreement. 11. Notices. Any notice, demand, request or other communication which either Party hereto may be required or may desire to give under this Agreement shall be in writing and shall be deemed to have been properly given if(a) hand delivered (effective upon delivery), (b) mailed (effective three (3) days after mailing) by United States registered or certified mail, postage prepaid, return receipt requested,(c) sent by a nationally recognized overnight delivery service(effective one(1) day after delivery to such courier) or (d) sent by facsimile (effective upon confirmation of transmission), in each case,addressed as follows: If to Landowner: Cannery District Partners,LLC Attn: Scott R.Dehlendorf and Barry L�Brown 1006 West Main Street Bozeman,Montana 59715 Fax: (877)397-8736 i ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 11 If to the City: The City of Bozeman Attn: Chris Kukulski,City Manager City Hall 121 North Rouse Avenue Bozeman,Montana 59715 Fax:(406)582-2273 12 No Obligation to Improve Property.Nothing in this Agreement shall be construed to constitute a promise by Landowner or obligate Landowner to engage in or complete development of the Cannery District property in any manner. Landowner shall have no obligation, by reason of this Agreement, to renovate the Phase 1 existing buildings or develop planned Phases 2, 3 or 4 as is contemplated by this Agreement.Landowner reserves the right to modify development plans for the Cannery District as it deems necessary, in its sole discretion, subject to its obtaining all necessary governmental approvals in advance of making improvements on the property. 13. Authority. The signatories of this Agreement are the authorized representatives of Parties for the execution to this Agreement and certify that they have sufficient authority to bind their respective entities to this Agreement. 14. Remedies. The Parties may in law or in equity, by suit, action, mandamus, or any other proceedings,including specific performance,enforce or compel the performance of this Agreement; provided,however, that the City may maintain an action to recover any sums and any costs agreed to be paid to it pursuant to this Agreement and that have become due and remain unpaid, plus interest on such sums and costs at a rate of ten per cent per annum. If Landowner or any of its successors or assigns,fails to satisfy any of its material obligations under this Agreement within 30 days after the City has given written notice of such noncompliance,the City shall,in addition to any of its other remedies, be authorized to discontinue water, sewer and fire service to the Annexation District in accordance with applicable law. Notwithstanding the preceding sentences of this Paragraph, the provisions of this Agreement shall not be construed to empower the City to discontinue water and/or sewer services to the Phase 1 existing buildings so long as Landowner is not in default in payment of (i)water and sewer utility fees, (ii)the annual fee required under Paragraph 5(d); and (iii)the remaining 50% of the Fire/EMS impact fee required under Subparagraph 7(a)(ii). 15. Miscellaneous. (a) Principals of Interpretation. No inference in favor of or against any party shall be drawn from the fact that such party has drafted any part of this Agreement. The Parties have both participated substantially in its negotiation, drafting, and revision, with advice from counsel and other advisers. A term defined in the singular may be used in the plural, and vice versa, all in accordance with ordinary principles of English grammar, which also govern all other language in this Agreement. The words "include" and "including" shall be construed to be followed by the words"without limitation." (b) Entire Agreement. This Agreement,including the exhibits attached hereto,contains the entire agreement and understanding of the Parties,and supersedes any and all prior negotiations and understandings. This Agreement shall not be modified, amended or changed in any respect except by a written document signed by all Parties hereto. ANNEXATION DisTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015).........................................................................PAGE 12 (c) Captions. The captions, titles and section headings throughout this Agreement are for convenience and reference only and shall not be deemed or held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement, nor to define,limit or describe the scope or intent of a particular section. (d) Severability. If any term or provision of this Agreement shall be determined by a Court to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each tern and provision of this Agreement shall be valid and enforceable to the fullest extent pennitted by law.It is the intention of the Parties that if any provision in this Lease is capable of two constructions, then the provision shall be interpreted to have the meaning which renders it valid. (e) Attorney Fees. Should either Party incur any costs or expenses,including reasonable attorney fees to include those of the Bozeman City Attorney,in enforcing any of the provisions of this Agreement,the other or unsuccessful Party shall reimburse the prevailing Party on demand (f) Binding Effect/Recording. Except as expressly provided otherwise herein, the terms, covenants,and conditions contained in this Agreement shall,for the Tenn of this Agreement, run with the Annexation District land,bind Phases 1, 3, and 4,and inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. To assure that future successors and assigns have notice of this Agreement and the obligations created by it, Landowner shall, within 30 (thirty) days of execution of this Agreement and prior to the sale or transfer of any real property within the Annexation District, record this Agreement with the Gallatin County Clerk and Recorder. (g) NonwaivetlAmendment. No waiver of any condition expressed in this Agreement shall be implied by any neglect of Landowner or the City to enforce any remedy on account of the violation of such condition, whether or not such violation be continued or repeated subsequently,and no express waiver shall affect any condition other than the one specified in such waiver for the time and in the manner specifically stated.Amendment to this Agreement may only be made by duly adopted resolution of the Bozeman City Commission. (h) Governing Law; Venue. This Agreement and any disputes arising hereunder shall be governed hereafter and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. The City and Landowner agree that any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction sitting in Gallatin County,Montana. (i) Nature and Survival of Obligations. The Parties agree that all terns, requirements, and conditions contained in this Agreement and all charges payable pursuant thereto, together with interest and costs of collection, shall until paid constitute the personal obligation of Landowner and of the successors and assigns of Landowner, whether such successors or assigns succeed to a legal or to a beneficial interest in property within the Annexation District. In the event of non-payment within 30(thirty) days after the due date, such charges shall become a lien upon the applicable property. (j) Counterparts; Facsimile. This Agreement (and any amendment hereto) may be executed in ! any number of counterparts, all of which when taken together will constitute one and the same instrument. A counterpart signed and delivered by facsimile transmission copy thereof ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.$-22-2015).........................................................................PAGE 13 or via electronic means in pdf, tiff, or jpeg file fonnat shall be as valid and effectual as the original of that counterpart. IN WITNESS WHEREOF, the Parties have executed this Annexation District Agreement effective as of the Effective Date. Cannery Dis rict Pa ers,LLC by: CD anage nt,LLC,Manager by: na e by: Scott R.Deh en o , City of Bozeman by: (-"" c ff u ,Mayor 802 , Attest: Q ZA Stacy Jerk of the Citjrb►'fs,ies • < . z o J� 0 r9 447IIV Attached Exhibits: Exhibit A: Annexation Map—Cannery District Phases 1,3,and 4 Exhibit B: Waiver of Right-to-Protest Creation of Special Improvement District for a City-Wide Park Maintenance District Exhibit C: Waiver of Right-to-Protest Creation of Special Improvement Districts Cannery District Annexation [Acknowledgements on next page.] ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-201$).........................................................................PAGE 14 ACKNOWLEDGEMENTS STATE OF MONTANA ) SS. County of Gallatin ) This instrument was acknowledged before me on , 2015, by Barry L. Brown and Scott R. Dehlendorf, as Managers of CDP Manag ent, LC, a Montana limited liability company, the Manager of Cannery District Pa xs, LC,a Mot na Y' 'ted liabil' mpany. " HEATHER BIENV=E Notary Public i i?�oTnR�q� m=_for the State of Montana Residing at: nted Name: N.SEAL.- Bozeman, Montana NOTARY PUBLIC for the State of Montana My Commission Expires: RESIDING AT ,Montana �OF IAo�, January 26,2018 _j My Commission Expires ,20_ STATE OF MONTANA ) ss. County of Gallatin This instrument was acknowledged before me on , 2015, by Jeff Krauss and Stacy Ulman,as Mayor and Clerk of the City Commissio esf ie vely,of the City of Bozeman. An HEATHER BIENV`1:�•iU'� Printed Name: �4�...... �F; Notary Public NOTARY PUBLIC for the State of Montana ,�.No1nRIq�?�=for the State of Montann i RESIDING AT ,Montana Residing at: uj.SE'AL.-Q Bozeman, Montana I My Commission Expires ,20_ 9 P; My Commission Expires: k OF mo."o January 26,2018 ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 15 EXHIBIT A ANNEXATION MAP CANNERY DISTRICT PHASES 1,3,AND 4 See attached map. ANNEXATION MAP CANNERY DISTRICT PHASES 1,3,AND 4 A tract of land being Tracts 1,2,and 3 of COS 2877, Located in the North West One Quarter of Section 6,Township 2 South,Range 6 East, Principle Meridian Montana,Gallatin County,Montana �+4 ':�� bD�4 AttNN'i nrtou RauNo.nr rrcrmPnoraa a �� - - •^I\ _ Nq�E•p A Tm t of Ima eeldg Trae o I,2.me 3 or COS 2877,bwtad the Na•U Wmt on rle Ouott al Seet.-6,TorllMlp 2 Sau Ln, 1, rrZ.v ll nqc 6 Ea¢t,Rhelplc YeriCon Mmlme.Gallatin county. - O I • F. Ymlmo brnq mare perLmderly ecaaea as tollora. ._.._� ��� {'<sil.• ANC ( Zoning I�'-----—�.---- —:-�._ +ae•,]. '�Onii�BTq wovMe�.wn:°lo ho r>an 3 eOR"eh oisla•.ey r�ii oi9.'d�n a,T iJ(1,7K T/G:y Ue Cenio 1/.el$eetIm 6.Texn:nlp 2 South.Rm6e 6 Eml. F 2 1-�Y, 1•I �/ P.M.M.,Go¢alln County,Ymlona boon SWIh 89M'51-Em!o 1 y/1 ; 7 ME`p,._ aiflmca of]0.00 Iocl; ii �•� /� ;s•. STATE. Uenc.North ~ _d II:I _ --_--__.-. -=__=;_--._.=. ..:. '%•t� a 9o'pr 9'O-zWeL t5o2 6a.71 etog S Nmlh 897328'W=I.475 70 f,PHASE4 I 0 1'..., l .pint inUt em aswotu,hU:e f . m Right Wy r pea Slrnl. TRACT 1 n • to ma left me Nmg dnl:l Tract I of COS 2877 rIU o roau¢ar 991.03 to L a �,21m �4�, -•�— ..-_.- `v antral mgl+of 4'IS'O2•,and o nhwd tool almr¢Nartn T,.1 1t•weal,2877 real Iv Iha SeuU W<nl corner a1 '•. :I) _. __... -._.._._ � .I. ra' bocl I or C05 2877 9 I Ihmec Ndlh 0070'6¢'West 5e66a fool to Ine ��' 'I I ___--�`^'•w+'--i -¢/_� I Inlnreetf-:rf Ine nwlnecl C-1 W Trael 1 el COS � 2877 ot51 o Soulh ROW al Inler¢lale 90 .:._. lnvncRe l^IAW lhyl a W T lot th'e tl l2m}a 9 COS ° an t v faC a �J 1�Sm.r[owrvnl , ` 1 2877.ilh a ra6ua al 22795.D0 f"t.o enlr4 m91c or 5 - tgqq I �tf t•� II 00'O'01•,an a cn a Na:eaar:South 69DS'N•Earl. 1 N I I TRACT 2' ;_r.; ,I _---- --------------------------------------- a lhmee Soulht 6B'45'43-Enal.787 t6 real Wl g vald north v +atewAG LW:m7 ..-..-.] __. ..- .._-....-,-- -...._ `"'.•.. '\ boundary one of Trocla 2 and 3 at COS 2377 and cola `.,. -_•-. I I __--_-- ROW. o point. ;I; --------'----'-�-------------- -Ihcncc Sautn]6'IB'5]•Eact.16287 fmt to v voinl lhot PHASE 1 .•': _I TRACT.3 '� the Mlarm:bm nt the camw of Tract 3 of COS 2877 ono Y I -li a .. •—:�-':;� r`I'. 321 \ \\\ �n�i:, Ine ROW Or Rouae Avmua Tra�pg I -- - y :. Ora/^•^- t I I Inmco S.III 02"02'IB-W<sl.51.50 1.1 to the point W tP lVp�i� I I .I' Ildl� _? S -f Ili F. r� begin:n9(Poll} PHASE:3 ¢ Sold wro belnq 995 oc w loge.Manq rilh and BEDGF ya .=_I II':-.. �`\ vbleel to on eoxmenln or�eema or ame.ml m the g•wne. ...•;i.n;A'.:� I _I �.. i.-.:: - .� f�I- sorpx•Id'w�'.` - -.^e 4 c L.'C___.3,x^..'ll ! Ii nml7nlr•e - .. .;m-: uPOS a pd a `.Inn .. _ .• _ `- 1 • .___ ____ _ __ ...... TC OT 9tIP\TVOR _ p ff&LEIGA t h a r - Ue maent ea.Donn R.Pugn.Ruglstmoa Lane SYrepr.ao t -'•r�� •.RS lN` -.--.. _�-._. __-__1 --_-.a_IOPaeIT ; 5ot s p". 4 2 :;rc r cwlif9�nol I w Ua amm av Morn an ,x•.Inn - - _ aep ..-I-_ 6eMm¢ -._ cruel - I m• vbl n and � :.•::n.^� vc pmydl rormq and dmerlbe0:1 accwdmee rnn W ,� �nBLDGD \a Wa ialw's Of Inc Mmlma SY cA. hd ?oltay T 8 Sch. _,-- -j 4 AppA C r-,_..—:-r f t7p I:4oYtL 'I•d't a vO" 7p-}101 Ihrougn]6-3;W 7i,MCA dnd:ne Clly of Oor¢mm tb4 c-11-c 1 g� I� IV pld�t��• SLOG 8 ¢ me Wdalin Catully Subaia.im RaguWBmv. Exl,lift 7nnin 16.1,1` pia,• 3' .L: ,'ng 9 �rxi:Irn�_ DATED Inr, aay al A.M.20Is _ Rcq�kotlah No.i5526LS R.Pgh P AS G -.NOR7FiSIDEPUD orA Mraa aaY� ., a \;�. - 01 m¢ona„ •'..--_-:.-a 2576 M•s.entSMAIaI--.....x.¢ .-._ -.- ma[..ol ... —_ I - - t L. p, a �l N9RM tg2r L.= aY-Ya'-2a9 EC51 aIYEG Itl•-11'-v13a69T � EWPEOIv nr: 1M.I.all. aArz ar y1YET.pa-2a-]p1. • h w 3pD I pOOHp IAW YT91 tp35 SrAtWn wxPcu OF wmtn To w.. r ...na am tm al>.r x.r..a:. norz:oat alAlwc Is ancn¢b 114 Scc T R ANNEXATION MAP o�T„%�fd'•.� ar• & 1 t6WEYU4 u�tiANN p-aC� fs".nyPwlne..lit O°� CANNERY DISTRICT a1m" STAHLY o smr aRr rr[MCAonxArz a n L9G71m a uc Pawvxp PHASES 7,3,AND 4 "i:�nu`�'a-¢¢¢i»•v ryl,ui••w7� �, uE—cohRo-h¢An¢c-(-)or_11._]p• .n-i rum pws nm — r1LPNCom11 A RCOPp 0a1rmNI1 Y cAOC •Rp PCP CYERIMMI.MONTANA CnCCIdD'•RP ^I OF t a EXHIBIT B WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT The undersigned("Landowner")is the owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land tieing Tract 1 and'Tract 2 of` Correction COS 2128B, and the parcel known as COS 2548, all,loci ated'within the SW'/a of'. Section 6,Township 2 South,Range 6 East,P.M.M,Gallatin County,Montana.,-,.: IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City parks which will be caused by the development of the above-described property,the Landowner has waived and does hereby waive for itself and its successors and assigns, forever, the right to protest the creation of one or more special improvement districts for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks,or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors- in-interest and assigns of the Landowner. DATED this 'C�7 day of V 2015. Cannery ist 'ct rtners,LLC by: C P n nent,LLC by: Kr by: Scott R. Dehlendo , EXHBIT B-WAIVER OF RIGHT-To-PROTEST(PARK MAINTENANCE DISTRICT).................................................................PAGE t Of 2 STATE OF MONTANA ) ss. County of Gallatin ) This instrument was acknowledged before me on fvuk* I 2015, by Barry L. Brown and Scott R. Dehlendorf, as Managers of CDP Management, LL , a Montana limited liability company,the Manager of Cannery District Partners,LLC,a Monta nria,limited liability company. ��I wwulb!I ;,•��R;s;""1" HEATHER BIENVENUE tinted Name: Notary Public NOTARY PUBLIC for the State of Montana OOTAHr.14'.q for the State of Montana RESIDING AT ,Montana Slh:A L•' Bozemaini Montana My Commission Expires ,20 9�OF OP' My Commission Expires: ......M00 January 26,2018 EXHIBIT B—WAIVER OF RIGHT-TO-PROTEST(PARK MAINTENANCE Dls'rIuCT).................................................................PAGE 2 of 2 r EXHIBIT C WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS CANNERY DISTRICT ANNEXATION The undersigned("Landowner")is the owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land•being Tract 1 and Tract 2:of Correction COS 2128B, and the parcel known as COS 2548, all,located within the SW'/a of Section 6,Township 2 South,Range 6 East,P.M.M,Gallatin County,Montana. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to (i)Oak Street (between N.71h Avenue and North Rouse Avenue) and (ii) the intersection of. Oak Street and North 7,h Avenue which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself and its successors and assigns, forever, the right to protest the creation of one or more special improvement districts for construction and maintenance of the following improvements: paving, curb/gutter, sidewalk, storm drainage facilities for (i)Oak Street (between N.71h Avenue and North Rouse Avenue) and (ii) the intersection of Oak Street and North 7`h Avenue,or to snake any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event an SID is not utilized for the completion of these improvements, the Landlowner agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property,taxable valuation of the property,traffic contribution from the development or a combination thereof This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terns, covenants and provisions of this waiver shall extend to, and be binding upon the successors- in-interest and assigns of the Landowner. DATED this S day of TL)w ` ,2015. Cannery, is rict P rt ers,LLC by: C P snag ent,LLC by: AL B o a age by: Scott R.DehTeridorr, anager ExHBrrC—WAIVER OF RIGHT-TO-PROTEST SPECIALIMPROVEMEATDISTRICTS..............................................................PAGE I oft Y STATE OF MONTANA ) SS. County of Gallatin ) 11 This instrument was acknowledged before me on Od' 2015, by Barry L. Brown and Scott R. Dehlendorf, as Managers of CDP Management,LL , a Montana limited liability company, the Manager of Cannery District Partners,LLC,a Montana l mited liability company. EP BIFN HEATHER BIENVENUE Printed Name: Ich' NotaryPublic =for the Stat of Montana NOTARY PUBLIC for the State of Montana Residing at: RESIDING AT ,Montana Sl'AL Bozeman, Montana My Commission Expires ,20 :9 •. p ;' OF Mo`'' M�., Y Commission Expirc:5: January 26,2018 -� EXHIBIT C—WAIVER OF RIGHT-TO-PROTEST SPECIAL IMPROVEMENT DISTRICTS..............................................................PAGE 2 of 2 Cityof B • . Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 CO..�'O��F. COMMISSION RESOLUTION NO. 4322 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE CREATION OF THE CANNERY ANNEXATION DISTRICT TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF PURSUANT TO THE PROVISIONS OF THE ANNEXATION DISTRICT AGREEMENT FOR THE CANNERY DISTRICT PROPERTY. WHEREAS,there has been presented to the City Commission of the City of Bozeman a written application from Cannery District Partners, L.L.C., owner of the tracts sought to be annexed herein, requesting the City Commission create an annexation district for the purpose of extending the boundaries of the City of Bozeman so as to include within the boundaries of the City of Bozeman, Montana,pursuant to the terms of the annexation district, certain contiguous tracts of land lying generally northwest of the intersection of East Oak Street and North Rouse Avenue, excepting already annexed and zoned properties. WHEREAS, the legal description of the contiguous tracts, in the County of Gallatin, State of Montana, is as follows: Tract 1, 2 and 3 of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS 2128B and the parcel known as COS 2548 all located in the Northwest One-Quarter of Section 6, T2S, R6E, P.M.M., Gallatin County,Montana. WHEREAS, the tracts contain 8.99f acres of land, more or less, along with and subject to all existing easements of record or of fact; and WHEREAS, the above-described tracts are the subject of plats or Certificates of Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and 2518673 PLATTED page: 1 of 26 07/27/2015 09:60:44 AM Fee: $176.00 Page 1 of 4 Charlotte IIiMills lllllll Gallatin lilcounty llllllllllllllllllllllllllll MISc Resohilion 4322,Creation oflhe Cannery Annexation District WHEREAS, an annexation staff report has been prepared and submitted to the Commission; and WHEREAS, the Commission has duly reviewed and considered said written annexation staff report; and WHEREAS, Cannery District Partners, LLC has submitted the attached Annexation District Agreement for Cannery District Property which creates the terms, conditions, and timing for the provision of services by the City to the Cannery Annexation District and the annexation of the tracts herein described; WHEREAS, prior to creation of the Cannery Annexation District and the annexation of the above described tracts, an agreement between the City and the owner of said tract addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to,rights of way,public street and utility easements, water rights or cash-in-lieu, waivers of right to protest creation of Special Improvement Districts, impact fees, water and sewer hookup fees, sewer and water capacity analysis, annexation timing, interim provision of services, impact fees and traffic impacts to said contiguous tract and other parcels directly affected or impacted by this annexation, shall be fully executed; and WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tracts hereinbefore described to create the Cannery Annexation District and extend the boundaries of the City of Bozeman so as to include said contiguous tract of land hereinbefore described within the corporate.limits of said City of Bozeman, Montana pursuant to the terms of the attached Annexation District Agreement for the Cannery Annexation District (the "Annexation Agreement"); and WHEREAS, Commission Resolution No. 4608 was adopted by the City Commission on June 22, 2015 as Action Item Agenda No. 3, declaring it to be the intent of the City of Bozeman to create the Page 2 of 4 Resohdion 4322, Creation of the Cannery Annexation District Cannery Annexation District and extend the boundaries of said City so as to include said contiguous tract within the corporate limits of the City; and WHEREAS, on June 22, 2015, the Commission authorized and directed staff, upon satisfaction by the applicant of the revised terms of the annexation district, to prepare the necessary documents to proceed with the creation of the annexation district in accordance with said Commission Resolution No. 4608; and WHEREAS, a public meeting on said annexation district creation was duly noticed and held on July 20,2015; and WHEREAS, no members of the general public expressed objections to said annexation at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared, subject to the condition that the provision of the services to the contiguous tract hereinbefore described will be the subject of a mutual agreement between the City of Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City of Bozeman be extended by creation of the Cannery District Annexation pursuant to Section 7-2-4625, MCA, so as to include the contiguous tract hereinbefore described within the boundaries and corporate limits of the City of Bozeman, Montana pursuant to the terms of the Annexation Agreement, included herein as Attachment A. i Section 2 That the effective date of this annexation district is July 20,2015 Page 3 of 4 Resolution 4322,Creation of the Cannery Annexation District • PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th Day of July, 2015. Vay .KRAUSS or ATTEST: > 0 BOZk',• • ° ° . `Ak ,° r SIWC lam-~ ■ y 1883 APPROVED AS TO FORM: G G ULLIV City Attorney Page 4 of 4 t k PROPERTY LINE "\ �n. S11WI1A110 _ L A�7VENG ! __ j ( --------�- --------------------- -- Mo aq R ` / { ------- rno xl7 d 0 FSSG / € D�7 / k Y� °a I 0m m x l / � ° z_� co — --LO r� A UC00A x \ O mo rn>-� nl Z I H 0 -- ------------ �oA�R--Tn10PR? Z w Z ym cn - O O� � > rnm O O c� �c v.m W � � m � .CO �a � � ppD �-ZI -ZID mn ! A yM ox0 C7C_7 1. t m X T zp(n ov rn � I � v � D 0 z < z Z v m rn m °— �, X Z 0 x � Z M (n v / p wv � z � z yr Z m d _ yyC � aooN � oowy N� v M N D z r Jr ���L O 0 �, �• tcnW 1 q\ �a = r v W N vN m \ 6) o0 op o 00 M 0 0 0 0 m m o -,YI14i yam+ SE AVE­-­ _ N D 8 PROJECTM 14-KI O r j G ,� Cannery District-Site Planning - QQ rn g FinalPUD o �� � IA a ,g .0 V Submittal Oak Street,Bozeman Montana m a am 93 GATE:7J112018 Cannery District Partners L_C,Owner (° �L �n8 N: 22 2—O 114 C,n islricl dw Ian Sels hose 2 U n°I U Iona and .hibits C 1.0-1.4 CM h° d•:ivil 9le 1°ns.d. . . . . . . . . . . . . . . ...... . . . . . . . . . . STORMWATER. . . . . . . . . . . . . . . . . . • :RETIE • SITE DATA AREA(Ac) % 4 SNOW STORAGE. . . . .. . . . . . . . . . . . . . . . . CURRENTLY CITY 3.30 27% Comma-Q CURRENTLY COUNTY 8.92 73% Architecture L AIN It PROP TOTAL SITE 12.22 100% ,, 109 N Ra—A—Sw I j T11M PHASE 18 TOTAL PAD LOTS 2.95 24% S (40 585-1112 TOTAL ROAD ROW 0.41 3% TOTAL COMMON OPEN SPACES 8.85 73% NOTE: —22 SPACES122 SPACES——20 SPACES— EXISTING SITE IMPROVEMENTS WITHIN PHASE 2 WILL REMAIN `-SPACES AS-ISFOR PHASE 1 AND BE RECONSTRUCTED IN PHASE 2. r Cn 0 25 5.0 10 ---- ----- 'INs dmving is W intended n.mg h k ATE4� WW115 aced far maruction prposes unless the 46 signed pmfesvonal damp of a mgiswed E OA 6'PACES j ---- arch] M00yed by C-0 AhtiMm..,Inc.i-Md above. pl,�Ll I I S.-M&:�_ -64 1 L ................... PHASE 3 J I RuEb, it' -------------------------------------------- ---- --------- EST ny z BLDG G 10. T 109 E.OAK ----------- STAHLY 0 LU4 It, L .OAK DESIGN.5 BLDG F 3 OAK _wl andscape architecture PARKING PLAUA 111 E.OAK 3 —1 4—I rCE4 SPACES- - m ,ZT PHAS 6" Linda Iverson landscape design H INEk mn dif PAR EXISTING �13 'K�G --------- ---------------se spAcr—_ T --f- i BLDG D 0 BE RECONSTRUCTED IN -HA RASE 1285 N.ROUSE BLDG B 1251 N.ROUSE H ..................... L ' _ I •� PHASE 2 to ca 0 1), ... I . 7. 0 0 --------------- — 7--------- -------------------------------------- CIO im E (D Cn P4 7 ------------------------------- O Q DPP 0 CD 6 1! 5 Cn PHASE/BUILDING FOOT- STORIE GROSS USE DESIG A ION PRINT AREA NORT E PUD L) 0 0 (SF) (SF) (EXI NG) PHASE 1 I g 5 BLDG E 9,231 4 28,333 RETAIL,RE T URANT,OFFICE BLDG F 12,020 1&2 15,751 RETAIL,BR ERY,OFFICE cc BLDG G 13,760 1&2 19,324 OFFICE BLDG C BLDG H 1,600 1&2 2,100 OFFICE -or 1237 N.ROUSE E W cf U) 1 . y 1 - • PHASE I SITE PLAN BLDG A 1203 N.ROUSE g PH I C 1 .1 . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . S RM TE . . . . . . . . . . . . . ......C. '15t CRT 6f V44 AREA(Ac) % . 4- -SNOW STORAGE- - - - SITE DATA . . . . . . . . . . . . . . . . . . .. CURRENTLY CITY 3.30 27% Comma-0 % CURRENTLY COUNTY 8.92 73% Architecture PHASE4 .. ...... PRoaFR -TOTAL SITE 12.22 100% NIT 597 5 TOTAL PAD LOTS 2.95 24% '_�406�)h85-1112 TOTAL ROAD ROW 0.41 3% TOTAL COMMON OPEN SPACES 8.85 73% NOTE: A." 1 —22 sPAC.:sF.SPACES 11--:2:0 SPACES—- EXISTING SITE IMPROVEMENTS WITHIN PHASE 2 WILL REMAIN { I' — 1 I ��� AS-IS FOR PHASE 1 AND BE RECONSTRUCTED IN PHASE 2. A 0 25 50 IDD used for O�PP_unless OreIN FEET 4614w- —----- ATE ZZmfessianajstanVofsmgi�md G LANE 6 SPAC�S arduted m.Ooyed by Cm-0 EtEEL .......... frPRD . 11 Amftewm,W_is afflod abow. t PHASE30 (ACES ------------------------------------------------------------------- ------ z I BLDG G :j 109 E.OAK 7 ------ TAH --------------------- --------------------------------- ---------------- 0 It low W4 J, DESIGNS BLDG F G E OAK —m andscape architecture A, PARKING PLA� Ill E.OAK 0 4 SPAC ES... VE. - PHASE 1 Linda Iverson 9 landscape design ub 1 1-------- --- ---- StE.Mi ------- C LANE_r - ------- IIIIIIIIIIIiII BLDC- D 1 1285 N.ROUSE ............... • BLDG B 251N.ROUSE fr3 10S1,PAICES I I ....................... BLDG K PHASE 2 11 OAK a 0 U) 4) ­ C _j ME. ------------ w. I------------I E (L 13 P4 -------- --------- 0 co ------------ Mn u, 0 a' -c co PHASE/BUILDING FOOT- STORIE GROSS USE DESIG A ION NORT E PUD g 0 0 PRINT AREA r BLD J (SF) (SF) G 211 E.OAK EE I NG) PHASE 1 BLDG E 9,231 4 28,333 RETAIL,RE T URANT,OFFICE BLDG F 12,020 1&2 15,751 RETAIL,BR ERY,OFFICE In 7i BLDG G 13,760 1&2 19,324 OFFICE BLDG C BLDG H 1,600 1&2 2,100 OFFICE 1237 N.ROUSE E ------------- -5 .0 PHASE ol° :3 U_BLDG J 11,90 1+MOZ 13,400 HEALTH& X RCISE N BLDG K 8,000 1+M6-7-7 10,720 RETAIL 10' PHASE 2 SITE PLAN BLDG A 1203 N.ROUSE PH 2 C 1 .2 ------------ ma-Q • Architecture AM* 'llppl w, —22 SPACE!::::rf SPACES=2 SPACE 0 W49 BLDG G N 109 E.OAK J 17H MCI 1 �lql�� l OEM Ml 1Z DESIGN.5 G E w 0?1 BLDG IF OAK BLDG M 111E.OAKtIp231 E OAK BLDG L 221 E.OAK PHASE 1 RAI. Linda Iverson i=........... im — - ---------.............I 101 1 !aftfir.fte 51071 MV Rum 0 ---------- agg 11 -------- w ILI DGD ROUSE 1251 N.ROUSE 30SPACES PHASE 2 1*1146� Amami- "1 6-1 T BLDG J 211 E.OAK BLIFIGS 1231 I.USE BLDG A PHASE 3 SME PLM 10 N.ROUSE............. PH 3 C 183 1� I Comma-Q o.° 1 F°� �� � • Architecture ••. - tfw Nan IT r S IS WJ04)n45�711Y o fl ��^� • �� • � u cam Ie��YiO°cTi���ec�. l`',1�/I/.:� .■rTili7 ��r�i1.7 —�� ��*�i� iYli� i 11�1 r�^\\ -� r r, \■. � �?� ���as ��e3.7 �01 a ;�L.�:.�J l>=a4� _ __ O.°.O _ OrO.���p �. \V - __ J �F0�70 m�, �I�II ••:I�� - �. �9 fj 1,1AJ IFaI� �ii�i�i,��l�\:i�l�:g'iPi.��i • W, 1I Lei W-1 I r IA%fi f ,.y7/ .,rhea "�'�i 3�1 ® .,I�J� � •- ��S_�\ -� u �I � f IQj •�'■ B109 E.LDG 'All lb .• �I •cam= 1 I r`hp � Qom• .,. �. _ •,� aa:.:.� -1� Al a lei \h\iri:rC,'�i .�-' \'.I�.-i■ ii ,Aq'`'I • �! �1 i RIM Linda Iverson �•�/r s�.rpr� �h�iP� � aissr^r•■ �®� s _ � � �'_ a� � � t-.�r��.r- pro.� ♦ . ♦..�Cl —ter ®� 1�■0� ( / / t /H- e ( v. ♦♦ �o?oSoS't_: �'a��'"''_�d'��I\:;w�u'�_e nealnr.�►. s®�a�m���m 1�••s�.ram: bn^�- �\ "'".e. aa ..7�:3r I A ti��N'�,� �. _+a For -o - �.- E •� '� ''<i�s� ` :�i�: }5'■..�Rfil:LYF�firs.■uw��� ,Y`inY� ri^�i� �4►I.F[ UR�F >}q■Priir"J3rl.r. t "�' T:yR r�'n ... - "' r••:' r�-at 'S'� I-.a err .1 .'— —v 1�.' 11 r��f'�..- v v— �1�_ r I .�tni �J4a it•` � •.. �i mob iw ' mig p u ' PAC .. 1.." I Cv' O¢9 p'w r Frok 9JdVa 1 1�Mw 7►NC�I�;y�� a211 E.OAK .I • � ....,. [ a : III 1 1 �s�,,. ` , ♦ , . 11 . III • ��, � -- 11 : III I • Q Architecture PHASE 4 IMT 15 ----------—---------—, '� COMMON OPEN SPAC LOT 0 1 LOT 1 11,813 sfi 114,809 sf I - I � I1 1 i PHASE 1 -------- - F ' r------' I i i Z , i 2,496 sf , , 0 25 50 loo This drew Is not Intended nor chat a ee 1 -- ---- ----- -- rI a 1 ; �� 1 %1 I �'� IN PEST used for mrt5Wtli0n purposes wless Ne ------ I 30'WATER AND SEWER EASEMENT i I I `�,MF signed prptessimlal stamp ofa 5tered � r—�- COM PEN SPACE ar ,ww#Dye,yCo—. 0 PH _ . ArrdleNre,IIC I aG0'/B --------------- ;- PHASE 3Dil ( OT 3s�,w s 1,7 r 1' LOT G 1 I I OMMON OPEN r f I SPACE LOT 4 16,794 sf - ----����----! ------------------ --------------------- - '��`61HS,f Aj'y6 ;1 r ' --- �_ - f , 30'WATER AND SEWER EASEMENT STAR LY J' H 1 1 __________________ I 1 I I I FFFyyyyyyl _________ _---T-------- "2, LOT E I I ,���.., I LOT F 1 14, 74 sf L_I LOT L j 1 LOT M N LOT N �I —� ;� 15,175 sf , ) w ; 19,218 sf 9,101 sf -DESIGN.5 I: 7 093 Sf I 1 r I wl � I � � I � 1 I 1 1 � l P andsca a architecture Linda Iverson I , zo. `_ � r a RowT , L------------------ ------- .. landscape 1 !, �,..,.., � -- - - design ? -------------------------------------------- I --� ��- ' ----------------- i Pnr� 20'UTILITY EASEMENT -- '--------------- --i------------------L!-------------------- 30'WATER AND SEWER EASEMENT ' COMMON OPEN w ' — --------- I SPACE LOT 2 % I LOT K r -----; 1 i c m 'C c 12,610 Sf 1 3 PHASE 2 I n `��C/ry• I — C J I n 0 � E _____ •_____I__� �_ ____-_____ _ C C o V l0 30'WATER AND SEWER EASEMENT i` CD d'. m _ 10'UTILITY EASEMENT 1 I C (n N �L----- C C LOT J � S c� o v 19,806 sf I ' LL I J � � SURVEY SUMMARY MAP E, J �-_ C 1 .5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i ' 71 SPACES• . --'-• • . . . . . STORMWATE^R. . . . �. . . . . . . . . . . . IE N716N PASIN/.-. . t- - ?I-SNOW 570RAGc. . • Q J---_ PROP Architecture 22SPACES FR O 7 1 Sp1CFS � b T I 22 SPACES 22 SPACES 20 SPACES E SPACES BLDG O . 107 E. 0 A 30'WIDE WATER- a 25 so SEWER EASEMENTS IN FEET E PHAS TWA ThIS Ire itg is not intmdeC nw shad b be 115 E.OAK I usee form mrlim pwposes unless the OWER 8" G LANE s° 6SPACES I__ MA S, S _ ES AND �ne0 essimals of 6leree . _______ __ _______ eNiitec:elrpl — �i T - ----- ---- --------- ---- E YDRAN aa-T-�°�a��ab.e. - S 1� SHE - LUE)` �msLL.�,.a m I r L� F N T�--� 19SPACES M�EA/'yC w m 1 BLDG G J � ) �7=-----F LANE------ --------------- -- ---� f` 'I ) i ,09 E.OAK 1 10'___ ________ �J (I__ _ ❑ r v - ._____________gyp __ __ �"— I '4p I-SPACES STAHLY ______ --_ 10 SPACES I 1970 &0. i '171 rl AM 1. 1 1 1 1 1 R MAINS, ' f D INAT R'- I SERVICE AND 1 E ER EAS€DENTS I a G E ) HYDRAN SOLID BLUEI) i 21 SPAC S I _DESIGNS BLDG F 3 ..oar. BLDG M andscape architecture BLDG N 2�r V; PARKING PLA 11?E.OAI( Ui i 231 E.OAK l — -- f R 105 E.OAK �' 4 SPACES `/ <1 / 4,sl ACE(: cv I a I BLDG L I .( m1 ' 221 E.OAK 1 I G 2 w NI ' �_ / ;• 'i '� � �� Linda Iverson d - a landscape design WWI P EI2IrY uN +.o1NA� c•� I •SPACES _ 1 E ; - EXISTING HYRAN � .' a =I'- "� ! ,• '✓ � ------ ------- I--C LANE---------= --I- -------------------- ABANDONED IN P 2 J BLDG D 1B ROUSE251 N.LD B C 30 SPACES- 0 /i<uiu ..I •C C C tl ` BLDG K m ,nE.OAK N ,IN NEW--- 1 -- — CSPOACNE_S N. ECTI n 1.II—T O � EXIST IGWA o wIN m ------- ----- — MANS ( V Ec N t Nm� N _____— -- _________ —1 � __________ 3 / q I ri i V N _ a� Y PHASE/BUILDING FOOT- STORIE GROSS USE DESIG A -ION RAFT 3 WIDE WATER- NORT E PUD 13 v o PRINT AREA S ER�LI�� ENTS j I PHASF 1 (SF) (SF) 21,E OAK I I (EXI NG) J ? BLDG E 9,231 4 28,333 RETAIL,RE T URANT,OFFICE BLDG F 12.020 1&2 15,751 RETAIL,BR ERY,OFFICE BLDG G 13,760 1&2 19,324 OFFICE v BLDG C a a m BLDG H 1,600 1&2 2,100 OFFICE i 1237N.RousE a t PHASE 2 ;BLDG J 11.90 1+M 13,400 HEALTH& X RCISE i LL N a BLDG K 8,000 1+M ZZ 10,720 RETAIL PHASE 3 ; rrii�m>m>ii,>irrrm�ii g BLDG L 13,25 2 26,500 OFFICE _ BLDG M 8,700 2 16.000 OFFICE F BLDG A I WATER SITE PLAN PHASE 4 1203N RUUS BLDG N 5,800 2 10 000_____GFFIC;E: BLDG 0 9.100 2 18,000 OFFICE 2■O _ TOTAL 93,361 100,128 V aacwu ouvwc a>g:z�.g I.. 7t SPACES• .•• . i . .•.•.•.•. . . . . . . .•.•.•. .•.•.•. . . . . . . `. .._. .STORIAWATER• . _ • I .��. R�YFNTION g'n,SINI . . . . SNOV:'STORAGE. . . . . . • N 22 SPACES �L _ PROP iArchitecture I' 1 eRry<iNF r� 000,81,1112 ' _ cm 3pA0�s I i m l I •`J OI. i 22SPACES 22SPACES 20SPACES BLDG PACES I :� 6S a z� tUT E.OAK mall i - ' o u so too 30'WIDE WATER- a FEET SEWER EASEMENTS � � � � • ' f r—' � �6 EXISTING SERVICE TO / -- mistiming is mi intended nar shel a be "�_-��-- BLDG �''` usmMmrs7uaiorlparyoseswlassllre ' ATE PAPA _-- PAPA �' � :15E.OAK I `� BE RELOCATED IN PH 3 O WER 6SPACES - signed prolessioml stamp ola registered G LANE -- .._-PACE- HT GREEN) aragem elnplaym by CO.—O -g- , Aruitetare•Im.Is affixed ebm. j (LI GHT N PAPA---PAPA-- - PAPA-----1- ----`,_, � 3`b`�PbE WA -{ - \`- �SEWER EAR CONNECT EXISTING v • �`����t0_ACES 'f. L_ -- '' F q E'°-'- SERVICES AFTER PH 1 6�NEEAj 1G SPACES PAPA__ �� � 8- -PAPA--—�-----`� ---F LANE PAPA— - - -- -��- INS COMPLETE (TYP) >� 6• W ^ BLDG G - 11 1' ) 10°E.OAK 10" _ H + �J �1 i(]iiFyi t -.., ; ❑ 'ra•;:. ^.. ; '1____'________ ' - ___ ___________'L __ __ ___�PAPA _ PAPA___ ---- 'SPACES \ P I ' a , I - I �•!` 0 SPACES ,;�.. •n� ;i p 11111 SPAI ES I .•r �dC� �,' S4 WWI/ PH1 CONN�EC�T ER MAINS AN SERVIC S (SOLIb GRE!1 ) ; PARKING A EXISTING MANHOLE] Sim w ) z1sPAc s J -DESIGN.5 a BLDG F G E r 1 :: ,,,�,�, I andscape architecture BLDG N 21w J' PARKING - it'E. 3 ..OAK ' w: i I BLDG 105 E.OAK U' 14 SPACES I ¢; 231 E.OA( ` i- 4'JS ACE�p ..1 N, ; 11 BLDG L ' __ _ J/ .1 _21 E.OAK ' R �\ ```l0 �I" �• � Linda Iverson WO I I in, , I `Ali f: j4, - landscape design I ``` . •�� PAPA �6—Fl PACES FR07 'CfAQINGSPACES r ^�S P LIN t c LANE _;;- l' MAINS AND SER ES'TURE PHASE SEW 1 ' '8I L— ----- ------PAPA-I . I BLDG D ` e I r — -�.- + 1285 N.ROUSE BI DG B 125 N.ROUSE C d 1 , .,....L 30 DE WATER- z a 30 SPACES C 3 �a SEWER SEMeN\ BLDG K (n '< ++ c � � a l r _ I I'% 3'SPACES __ _ PAPA___ ___ O1 LA8--- r- ------ ------;--�--------------PAPA--rt--------PAPA-- aA �. C 4 P O �__ -e'w�ry I m Vl u 3I� 1 zgcc ; riP�LI J g ari 2 G PHASE/BUILDING FOOT- STORIE GROSS USE DESIG A 'ION FT 1 NORT E PUD V 0 � PRINT AREA (SF) (SF) < BLDG J A (EXI NG) PHASE 1 z11 E OM ; I 9 I BLDG E 9,231 4 28,333 RETAIL, RE T URANT,OFFICE BLDG F 12,020 1&2 15,751 RETAIL,BR VfERY,OFFICE BLDG G 13,760 1&2 19,324 OFFICE BLDG C - a BLDG H 1,600 1&2 2,100 OFFICE +f j _ 1237N.ROUSE m cc .0 a PHASE 2tz BLDG J 11,90 1+M Z 13,400 HEALTH& X RCISE D O LL y BLDG K 8,000 1+M ZZ 10,720 RETAIL ; I PHASE 3 I >T....r..n.>.. • BLDG L 13.25 2 26,500 OFFICE BLDG M 8,700 2 16.000 OFFICE i BLDG DG A I g SMR SITE PLAN PHASE 4 I 12; 31 BLDG N 5,800 2 10,000 BLDG O 9,100 2 18,000 OFFICE r TOTAL 93,361 160,128 C 3.0 awcmuoa+vwc sla:_�,m .L .�. f ' 1: . . L6L.4747.1D.. . IF r • Architecture M 74n PV - T 1• �'O.SR (406)585-1112 1p RIM 4748.2 i u O V � • ul � J �474N` t LBC �)65 I. 4 •T i N 71 J44747.00 O li 1 slmlNbe This /i-`\ p 25 50 100 FEL i i �J/// NEW FF I-i Ii p 0� `p ¢Mevnng¢mtln teMec nor ]L.� 4746.4 PVTPVT 47 '+j 47 D �,. 7 IN i'EEI' m yymd prdessi"i sWm of a a n:y'isWred - erCiter.employed by Coi—Q {-' 4 I G AICilletlNeTlnp.6 BRl%ed eNWe. ! -I p su u+s ' \YYj 4750.E / LSC 4750.75 ! U D I HEE oZST T I I I I o FF EL 4750.75 —V� 1 , VT A. - - - .0.5 ST LY LBC 4749.56 NEW FF EL 4751.10 a'- T --I'4, pi %' f _ �fIHTE P - - 0TBC 47 ri -TT r'TT/TTI�TJfT/JT/T/ a O i • 4 1 .SJ FF EL 4751.15 T ;� ✓ 'p, softi/rrJrrrrn», RIM p r O K j FF EL 4751.10' _ GG \ , DESIGNS 45.10 ! I �iirmmrr�rrrrrmr.n ' rffG'. `\ �8' andscape architecture 4750.84 NEW FF EL 7FF EL 4750.92 C 4751.57 7 ;i ✓✓✓vGGG ^ 1 ii O p p GG FF EL /I / 4751.37 ''Y i j C�J' Linda Iverson 7 _ r r / landscape design ' _ .10 .I O\ 47 1 p'° 1 7 �-Q51L p .62R o TBQ 4751 APPRO%FF EL 47,55.10 ��� ,r1 `` y -� ✓ ' r-. '/ d7 -. �_ O 'i k r _____ __-__ -1 x cc co 1.60% DID Z CU O ci LEGEND GRADING NOTES: a ter:49M'A FINISHED GRADE SPOT ELEVATION 1. FINISHED GRADE AT BUILDINGS TO SLOPE AWAY FROM BUILDINGS AT / , g _ ' (TYPICALLY TOP BACK OF CURB, 1.5% SLOPE MINIMUM FOR HARDSCAPE AND 5% (1:20) FOR LANDSCAPE. ' �I APPROXFF 1 'O a PAVEMENT, OR SIDEWALK) !. FL 4756.00 2. SIDEWALKS PARALLEL TO STREETS AND PARKING LOTS HAVE A 1.5X LL LA c c DRAINAGE FLOW DIRECTION TYPICAL CROSS SLOPE TOWARDS THE CURB, UNLESS OTHERWISE LABELED. 2.02- FINISHED GRADE SLOPE 3. ALL BUILDING ENTRANCES SHALL HAVE A 5' LANDING WITH A 2% - DRAINAGE SWALE MAXIMUM SLOPE, UNLESS ENTRANCE SLOPE IS 27 OR LESS. _ 4. MAXIMUM SLOPE OF LANDSCAPED AREAS IS 4 HORIZONTAL TO 1 I. _ RETAINING WALL TYPICALLY <30" VERTICAL. MASTER GRADING PLAN NET HEIGHT Y 5. MAXIMUM RAMP SLOPE IS 57 (1V:20H) UNLESS HANDRAILS ARE SHOWN. I PED RAMP MAXIMUM RAMP SLOPE WITH HANDRAILS IS 8.37 (1V:12H). �, -- --- - C 4.0 t CURB SCUPPER 6. MAXIMUM SLOPE IN ADA PARKING SPACES IS 29.. WIDTH VARIES UPPER LANDING SEE SITE PLAN UPPER LANDING MAX SLOPE 2% RAMP CONSTRUCTION NOTES MAX SLOPE 2% IN ANY DIRECTION ° UPPER LANDING IN ANY DIRECTION MAX SLOPE 2% 1. TO BE CONSTRUCTED IN COMPLIANCE WITH MPWSS c• s ° IN ANY DIRECTION AND CITY OF BOZEMAN MODIFICATIONS TO MPWSS, ° SECTION 02529, AND AMERICANS WITH DISABILITIES ° SIDEWALK WIDTH VARIES SIDEWALK 8 •.SIDEWAL•Ka 4" RETAINING WALL ACT (ADA) REQUIREMENTS. ° SEE SITE PLAN., GRASS a GRASS GRASS • !� 2. RAMP AND CURB CAN BE POURED RAMP MAx SLOPE' e o a ° Architecture MONOLITHICALLY. ,1:12 ` RAMP MAX SLOPE a:0� DOWEL WITH 24" NO.5 3 REBAR 3" INTO BACK OF - 1:12 • z�a •. MT 59715 3. DETECTABLE WARNING SURFACE COMPLYING WITH ,DETECTABLE WARNIN • z'° ° CURB. 3" CLEAR z ETECTABLE WARNING J�`� ° ° DETECTABLE WAR NG 85-1112 ADAAG SHALL COVER THE ENTIRE WIDTH OF THE SURFACE' , ° . (TYP. BOTH SIDES) y• �' SURFACE d _ ,SURFACE RAMP. ONE CORNER OF THE DETECTABLE WARNING ❑ •❑ a,oT ❑ ❑ ❑ ❑0� •RAMP ❑ •❑ ❑ ❑ MUST BE WITHIN 8" OF THE GUTTER FLOW LINE: NO ° I , I 1:12 MAX ° RAMP R 24•MW ❑Toy ❑ ° C 24•MW ❑N, ❑ ❑24 ulll ❑ ❑ ❑ l e12 MAX OTHER POINT ON THE LEADING EDGE OF THE t:t2 t• 1:12 , e DETECTABLE WARNING SURFACE MAY BE MORE THAN ° ti ❑ • ❑ ❑ ❑, 0 ❑ ❑ ❑ ❑ a 4 ❑ ❑ ❑ ❑ ❑ 5' FROM THE FLOW LINE. r 4. RAMP WIDTH SHALL BE 5' MINIMUM. RAMP WITH '° °: e' ° • �• ° ° a ° TO BE NO LESS THAN 1' NARROWER THAN SIDEWALK ONC. CURB& GUTTER•° • a° ',FACE OF CURB J --•° •CONC. CURB &GUTTER' FACE'OF CURB CONC. CURB & GUTTER a , ° °FACE OF CURB, , WIDTH. A •" 5. SIDEWALK CROSS-SLOPES SHALL NOT EXCEED 2% ASPHALT SURFACING ASPHALT SURFACING 6. RAMPS AND LANDINGS ADJACENT TO STREETS ASPHALT SURFACING Th6 Naming rot intendec nor shal it Ee used for cortsH DuaW P`M_s unless Ne SHALL 6" THICK, OTHER RAMP THICKNESS MAY BE 4". signM"essimal staff*alatagistered 7. CONCRETE TO BE M-4000. REINFORCE CONCRETE eff LENGTH AS REQUIRED TO MATCH LENGTH AS REQUIRED TO MATCH a,phde rs,I yeaffi da:aa IN RAMPS WITH FIBERMESH AT A RATE OF 1-1/2 STANDARD SIDEWALK GRADE STANDARD SIDEWALK GRADE ac�enGsxxebwe LBS. PER C.Y. OR WITH 6"x6"x10 GAUGE WIRE MESH. DEPRESSED WALK FLARED SIDE RAMP FLARED SIDE TOP OF CURB _ 12" RAMP 12" TOP OF CURB _ TOP OF 8. OBTAIN A SURFACE TEXTURE ON THE RAMP BY �$'$ (5'-0' MIN) �5.5 (5'-0" MIN) �5.5 (5'-0") CURB COARSE BROOMING, TRANSVERSE TO THE RAMP SLOPE. N pX Tom' TYP ., MAX -, STAHLY 9. TAKE CARE DURING CONSTRUCTION TO ASSURE ------- -- - UNIFORM RAMP GRADES, FREE OF SAGS AND SHARP NO LIP NO LIP NO LIP �qfl=r;1j%t' GRADE CHANGES. FLOW LINE SEE CURB DETAIL FLOW LINE SEE CURB DETAIL FLOW LINE RETAINING WALL SEE CURB DETAIL '� RAMP DETAIL FOR RAMP DETAIL FOR RAMP DETAIL FOR PLAZA SIDEWALK SIDEWALK PERPENDICULAR TO CURB SIDEWALK ADJACENT TO CURB (FOR SIDEWALKS WIDTH <10') N.T.S. (FOR SIDEWALKS WIDTH <10') _DESIGNS N.T.S. N.T.S. 6" CONCRETE PAD y4 BAR-16° Q.C. andscape architecture SLOPED AS NOTED ON GRADING PLAN I 3" OF 1 1/2" CRUSHED SEE PLANS- y BASE COURSE I I _ 5.4'(0.45) Linda Iverson 1.5%SLOPE 12' I landscape design 24' F. 2' L 0 THICKENED EDGE SIDEWALK SECTION 1 V^ C ^o TYPICAL SUB-BASE SECTION L aTOPS IS a„e APPLY TACK COAT CONCRETE WALK PRIOR TO PAVING CONCRETE PAVEMENT SECTION SEE SITE PLAN FOR WIDTH TYPICAL CURB 1 " • ° •• , 3" OF BITUMINOUS PLANT MIX SURFACING PG Js, B. 58-28, GRADE B AGGREGATE. 7,5- C 1.5%SLOPE 4 I_I I .. 6" OF 1 1/2" CRUSHED BASE COURSE SAWCUT EXIST. PAVEMENT II; I, _ WHERE APPLICABLE AND °`e •° I I /////////%///////////////////////////////////// APPLY TACK COAT PRIOR O O O m 3 T _I TO PAVING CRUSHED GRAVEL 0 0 0 0 000 0 0 0 000 0 0 0 0 d C U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 BASE-3'MIN. 0 0 0 0 0 0 0 0 0 0 0 0 0 000 .�.. J �i i _ I i } ., •-Q� O O O O O O O O O O O O O O O O r1) C J I' N p , i O ^ O 9 SU AS REO ` UIRED� ' = o E _•II-III I-_I ,�,I-�,I- I -.�I I I I COMPACTED SUBGRADE N p V M-4000 CONCRETE 15" OF 6" MINUS SELECT SUB-BASE COURSE, G ED w U 4" THICK TYPICAL FOR SIDEWALKS (PIT RUN) UNDER ALL SITE IMPROVEMENTS COMPACTED SUBGRADE 6" OF 1 1/2" CRUSHED BASE COURSE '('• y/° d 2' f .•PM i%OK `y.•P r Arn r s1aPE� C � = a TYPICAL SIDEWALK AND PAVEMENT SECTIONS NOTES N.T.S. U O ci 1. SUBGRADE TO BE CONSTRUCTED IN COMPLIANCE WITH MPWSS AND CITY OF 6. EQUIPMENT PADS TO BE TYPICALLY CONSTRUCTED IN ACCORDANCE WITH BOZEMAN MODIFICATIONS TO MPWSS. SECTION 02230, EXCEPT WI IERE SPECIFIED CONCRETE PAVING DETAIL. SEE EQUIPMENT SPECIFICATIONS FOR ADDITIONAL DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDESTRIAN RAMPS SPILL CURB ON THIS DETAIL DRAWING. SUBGRADE MAY CONTAIN UP TO 50%4" MINUS REQUIREMENTS. _ PULVERIZED ASPHALT AND CONCRETE WITHOUT REBAR. 7. CONCRETE TO BE M-4000 (MPWSS). may. 2' IF SUBGRADEwe a MATERIAL CANNOT MEET COMPACTION OR MOISTURE 1. Suegade w e cwvmRm ehe11 a dA,,e W.eeti°n dux(M.P.w.Span.,1996 m.) REQUIREMENTS DUE TO TIMING OF CONSTRUCTION. CONTRACTOR TO INCREASE 8. INSTALL PREFORMED EXPANSION JOINT FILLER AT ALL EXPANSION JOINTS, FOR z eanvpcdpn plena•ew be poem m to'lnterma:a a„d enw 1,oae P mini,wm depth m 3/4-andme:n,M„.idth of 1/9•. SUB-BASE SECTION AND ADD STABILIZATION GEOTECH FABRIC AS REQUIRED BY THE FULL THICKNESS OF THE SIDEWALK AND USE AT ALL JOINTS BETWEEN NEW y 1/z-e>Pim laid a,etntal enm x aleem a+a P."P.TA,earo ro1w,M am m -IraM e t»m doo•inta.ota. Tne d CURRENT SUBGRADE CONDITIONS. CONCRETE SIDEWALKS AND STRUCTURES IN PLACE. .,Poar,,,e,M hcAm ana11 eetem thrwO me 1W dePtn 4r the a end a,dte.. E t 4. Me wrt,rnd ptle,eMtl ee ptocm.Rhwt o rod tone i,,Awtion by the City E,gnee,a nu repesedativ a EO i a 3. SUB-BASE COURSE TO BE CONSTRUCTED IN COMPLIANCE WITH MPWSS AND 9. ALL CONCRETE JOINTS MUST BE STRAIGHT AND PERPENDICULAR TO THE s, een d,shaa a Cw M-4ODD. w C CITY OF BOZEMAN MODIFICATIONS TO MPWSS, SECTION 02234. EXCEPT WHERE CENTERLINE AND THE SURFACE OF THE SLAB OR SIDEWALK. WHERE PRACTICAL. 6. wanm B,o•N erne gnat m..1 the,.Rai,mne,ns W Smt6e„022M(M SPECS.2003 hs.) Fw c am 3 jL N SPECIFIED ON THIS DETAIL DRAWING. UP TO 6" MINUS MATERIAL IS ALLOWED. ALIGN ALL JOINTS WITH LIKE JOINTS IN ADJOINING WORK. USE JOINTS TO OUTLINE wtta,epfece,ned poled;.wheel,nex may be„xd i>the o,-d ewe. SUB-BASE COURSE MAY CONTAIN UP TO 25%4" MINUS PULVERIZED ASPHALT ALL PANELS IN THE SIDEWALK, WHICH ARE TO BE, SO FAR AS POSSIBLE, SQUARE. AND CONCRETE W/O REBAR. THE LENGTHS OF THE PANELS ARE DETERMINED BY THE WIDTH OF THE SIDEWALK. SEE ARCHITECTURAL OR LANDSCAPE PLANS FOR SPECIFIC JOINT SPACING. o 4. CRUSHED BASE COURSE TO BE CONSTRUCTED IN COMPLIANCE WITH MPWSS AND CITY OF BOZEMAN SCALE: INTEGRAL CONCRETE N0. 02528-1 _ CITY OF BOZEMAN MODIFICATIONS TO MPWSS, SECTION 02235, EXCEPT WHERE 10. CONTRACTION JOINTS MAY NOT BE MORE THAN)6* WIDE AND NOT LESS THAN NONE CURB & GUTTER Revised SPECIFIED ON THIS DETAIL DRAWING. 1" IN DEPTH AND MAY BE CUT BY A GROOVE FORMING TOOL. MAXIMUM STANDARD DRAWING SITE DETAILS JOINT SPACING IS 6' FOR 6' WALKS, 5' FOR 5' AND 10' WALKS, Mar. 2006 5. BITUMINOUS PLANT MIX SURFACING TO BE CONSTRUCTED IN COMPLIANCE WITH AND 4' FOR 8' WALKS TYPICAL CURB DETAIL ` MPWSS AND CITY OF BOZEMAN MODIFICATIONS TO MPWSS, SECTION 02510, EXCEPT u WHERE SPECIFIED ON THIS DETAIL DRAWING. 11. LOCATE EXPANSION JOINTS EVERY 100 FEET(330 rEET) AT IN IERVALS EQUAL N.T.S. - 6. SIDEWALK, PADS, AND APRONS TO BE CONSTRUCTED IN COMPLIANCE WITH TU IHE NEAREST MULTIPLE OF THE CONTRACTION JOINT INTERVAL. NOTES MPWSS AND CITY OF BOZEMAN MODIFICATIONS TO MPWSS, SECTION 02529. 1. CURB AND GUTTER TO BE CONSTRUCTED IN COMPLIANCE WITH MPWSS AND CITY C 4.1 EXCEPT WHERE SPECIFIED ON THIS DETAIL DRAWING. OF BOZEMAN MODIFICATIONS TO MPWSS, SECTION 02528. g4Daul pR.Vrt+G 9�:N'.CIS Z • OVERFLOW OUTLET - VEGETATE PER a00 LIGHT-DUTY 4' FRAME AND LANDSCAPE PLANS GRATE, WITH >1.0 SF OPEN Qg92¢ w;'t�'I €sPwc°1 = 6" _INLtiE1 SWA.4, _ Imui ra..0 wcrs) r _- AREA CURB SCUPPERS IFL 2" GRADE RING I�I� a• Yaa . •Architecture N L 12"TYPICAL DEPTH �� li-'� PROVIDE EROSION III I I CONTROL AT INLETS °""'"°�(a'.r,)i• 24" DIA. I - I h ,"aw..•mrcm.•comrs -1112 OPENING__ — _III 85 L 24' .BIOSWALEMEOIA 40 CONSIST C{TI—II I OF MIXTURE OF SAND. 4" SUBGRADE.DRAIN TOPSOIL, AND COMPOST. .PIP.E FOR OPTIONAL - -. FRONT VIEW OUTLET �— .. :EXTENSION IF'REQUIRED —I I ICI��I�I I�IIHIFI I—I II—IIFkEIffilFI OEM. °«a 9-Sump (TYP) I I-11 I I—1�1I EI I� I ��� 1=I I I II—I I E I lI I EI l I I �- I I I I I 11-11 I I I I-1 I— I I I EXCAVATE TO NATURAL UNCOMPACTED SOIL avx rcu vuunc r-o• AVOID SOIL COMPACTION DURING EXCAVATION. ADDITIONAL EXCAVATION MAY BE REQUIRED •VARIABLE•DIAMETER TO REMOVE COMPACTED SOIL. !�' This drawing is not lnumdec no Shall R Oe used ta=nscudim purposes wless Ne TYPICAL B10-SWALE AND OUTLET DETAIL Lsigned Pafessunal y00.1 re 0 ere0 1 signed d employed hY CanmaO N.T.S. nwe um ama ro ae.rAvm Awitewµrerlsnc.isa1Posd above.ro wm°un. NOTES °" :;� :: —6.Aaa s— _ go-) ���NEfAyc 1. SEE GRADING PLAN FOR LOCATIONS OF BIOSWALES, CURB SCUPPERS AND OUTLET STRUCTURES. SST 5AT GALVANIZED SIDE VIEW STEEL TREAD PLATE ST I 16" I Y"xYl COUNTERSUNK CITY OF BOZEMAN SCALE: STANDARD SQUARE NO. 02720-1A E' 1970 I--12'—•{ MACHINE SCREWS 12' 18' 12' STANDARD DRAWING NONE STORM ORAIN INLET Dac. 2003 TOP OF SIDEWALK I I (TYP 3 PER SIDE) STOP BACK TYPICAL CURB R..WAR 2006 �"JJO17FT ` OF CURB SECTION • 6" DEPTH (TYP) DEPRESSED CON RCTE • u VARY TO PROVIDE ° 1. STORM DRAIN INLET MANHOLE TO BE CONSTRUCTED IN .a --- FLOW LINE COMPLIANCE WITH MPWSS AND CITY OF BOZEMAN MODIFICATIONSVIM • FLOW LINE SLOPE ------- ------ ---------- __ • 2"x2"xY" ANGLE IRON FRAME DEPRESSED 7PVC STORM GROUT JOINT SO CONCRETE FLARED END TO MPWSS. SECTION 02720, EXCEPT WHERE SPECIFIED ON THIS G t DRAIN INSIDE PIPE SECTION AT OUTLET DETAIL DRAWING. DESIGNS ° N'x4" ANCHOR BOLTS OR FLOW LINE DIAMETERS ALIGN (WITH GROOVE JOINT) andscape architecture • " 6"° a 1 REBAR (TYP 3 PER SIDE) FRONT VIEW 2. SEE PLAN AND PROFILE FOR STRUCTURE RIM AND INVERT 1 COUNTERSUNK MACHINE SIDE VIEW DETENTION BASIN PIPE INLET DETAIL ELEVATIONS. 16 SCREWS (TYP 3 PER SIDE) TYPICAL SCUPPER DETAIL N.,.S. SCALE 35" = I' NOTES Linda Iverson SIDEWALK CHASE DETAIL 1. CURB AND GUTTER TO BE CONSTRUCTED IN COMPLIANCE WITH MPWSS AND a�w.am.,... a.•• na��a.-.,ems. landscape design v�,��A °� NOTES SCALE I Yl" = t' CITY OF BOZEMAN MODIFICATIONS TO MPWSS, SECTION 02528. ..cn.irrwmeA. 1. SIDEWALK CHASE TO BE CONSTRUCTED IN COMPLIANCE WITH MPWSS AND CITY 2. CONSTRUCT CURB SCUPPERS AT LOCATIONS SHOWN ON THE GRADING PLAN. L way / `w`aan•� :•"+..•�. OF BOZEMAN MODIFICATIONS TO MPWSS, SECTION 02529. EXCEPT WHERE " ,M°",a,'„•,;;�:.,:, e L ""� SPECIFIED ON THIS DETAIL DRAWING. 3. FINAL LANDSCAPING SHALL NOT EXTEND ABOVE CURB FLOW LINE OUTLET. >J �•„°10,,,,,••„m„ ANY LANDSCAPING THAT EXTENDS ABOVE CURB FLOW LINE OUTLET SHALL BE a°""�^'�^"°"°i'""-""• w 2. THIS DETAIL ONLY APPLIES TO SIDEWALK CHASES ON PRIVATE PROPERTY. REMOVED, LOWERED, AND REPLACED. zT•'a•'"s •'r•'""�"�"•� r I--01 —z••—) . SIDEWALK CHASES WITHIN PUBLIC STREET ROW SHALL BE CONSTRUCTED IN ,,,„d, . ld.:A.w ACCORDANCE WITH COB STANDARD DRAWING 2529-14. Sg B .r r.,.r,. —,,..._.... S1O'�°Vaa`"o�• Cm AREA DRAIN INLET. TO BE •a .0 3 CAST IRON WITH 12"xl[ PLACE TOP OF GRATE GRATE. ADA AND LIGHT BELOW ADJACENT 10"ROUND POLY IRRIGATION 1npM'0 R O TRAFFIC RATED, WITH 6" PIPE FINISHED GRADE BOX, NDS Ili-RCAS, OVER �' ( ' IL [a OUTLET. —B"DROP IN ROUND GRATE, CLEANOUT PLACED FLUSH WITH °im"° "ptl10 / J o CVI IN NEW 6" PVC WYE AND NDS #20S FOR 6"PIPE NTH FINISHED GRADE. S •' '. N - o•rw, r.• C HEEL PROOF OPENINGSs N O N o RISER TO EXISTING DRAIN PIPE. THREADED g � USE FERCO ADAPTERS TO CLEANOUI CAP t - a C C u INLET AND DRAIN PIPE. -6" SDR JS PVC DRAIN PIPE, A V cA o CONNECT TO ROOF DRAIN PIPE °1p• - or n,A• •` E:CD d o fA' p 2 ry m in PATIO AREA DRAIN DETAIL LANDSCAPE AREA DRAIN DETAIL CLEANOUT DETAIL • o __ ea m BUILDING GUTTER r -r_:` DOWNSPOUT °' '<',t::+ti.� .r•.�.....a• 0 O U A,a pp•wn m e.P iryr FABRICATE ADAPTER TO em�^^•'^�'m• MATCH DOWNSPOUT S=0 A-A MATERIAL. LEAVE OPEN �+^•� �""as� °ON OUTSIDE OF GUTTER - BUILDING BUILDING DRAINAGE DETAILS crrY of BozeelAN SCALE: COMBINATION MANHOLE AND N0.02720-18 CITY OF BOZQdAN SCALE: STANDARD STRAIGHT NO.02720-a NONE CURB INLET DEC.2003 EXTEND PIPE FLUSH TO N.T.S. STANDARD DRAWItiG NONE MANHOLE DEC. 2OOe3 STANDARD DMWING O FINISHED GRADE NOTES NOTES NOTES a.".. E 6"OR 8" SDR 35 RISER---____ 1. BUILDING DRAINAGE TO BE CONSTRUCTED IN COMPLIANCE WITH 1. STORM MANHOLE AND CURB INLET TO BE CONSTRUCTED IN 1. STORM MANHOLE AND CURB INLET TO BE CONSTRUCTED IN G C j a - MPWSS SECTION 02720, EXCEPT WHERE SPECIFIED ON THIS DETAIL COMPLIANCE WITH MPWSS AND CITY OF BOZEMAN MODIFICATIONS TO COMPLIANCE WITH MPWSS AND CITY OF BOZEMAN MODIFICATIONS TO LL N W WYE CONNECTION DRAWING. MPWSS, SECTION 02720, EXCEPT WHERE SPECIFIED ON THIS DETAIL MPWSS, SECTION 02720, EXCEPT WHERE SPECIFIED ON THIS DETAIL a o FOR LATERALS 2. SEE PLANS FOR LOCATIONS AND SIZES OF ROOF DRAINS. DRAWING. DRAWING. INSTALL ROOF DRAIN RISERS TO ALL BUILDING DOWNSPOUTS ALONG g ROOF DRAIN PIPE RUN. 2. MANHOLE DIAMETER VARIES WITH PIPE SIZE. USE 48" DIAMETER 2. MANHOLE DIAMETER VARIES WITH PIPE SIZE. USE 48" DIAMETER MANHOLE FOR PIPES 18"OR SMALLER. USE 60" DIAMETER MANHOLE FOR MANHOLE FOR PIPES 18' OR SMALLER. USE 60" DIAMETER MANHOLE FOR 6' OR 8" SDR 35 3. ROOF RISER MAY NEED TO BE OVERSIZED TO ACCOMMODATE 24" PIPE. USE 72" DIAMETER MANHOLE FOR PIPES 30" OR LARGER. 24" PIPE USF 72" DIAMETER MANHOLE FOR PIPES 30" UR LARGER. _ PVC ROOF DRAIN DOWNSPOUT. TRANSITION BACK TO ROOF DRAIN SIZE BELOW GROUND. MULTIPLE PIPE PENETRATIONS MAY REQUIRE LARGER MANHOLE MULTIPLE PIPE PENETRATIONS MAY REOUIRE LARGER MANHOLE DRAINAGE DETARS UTAMETERS. DIAMETERS. 4. INSTALL CLLANOUTS ON MAIN LINE AT EVERY ANGLE OR COMBINATION OF ANGLES ADDING UP TO 90'AND ENDS OF DRAIN 3. SEE PLAN ANn PROFILE FOR STRUCTURE RIM AND INVLKI 3. SEE PLAN AND PROFILE FOR STRUCTURE RIM AND INVERT ROOF DRAIN DETAIL LINES. ELEVATIONS. ELEVATIONS A _ 4. SUBSTITUTE INLET CASTING FOR ROUND FRAME AND SOLID LID 4. SUBSTITUTE INLET CASTING FOR ROUND FRAME AND SOLID LID C 4 2 'o WHERE CURB INLET IS NOT REQUIRED. WHERE CURB INLET IS NOT REQUIRED. UTILITY I EASEMENT " " " (HATCHED) \\ . . . . . . . . . . .' '.' ......•.'.'... . > BUILDING SERVICE LINES ALLOWED ON ' 1 COMMON OPEN SPACE Architecture UTILITY — EASEMENT — -- — t-- — HATCHED METER a BANK i — — — -- .METER BANKS + — BUILDING SERVICE 7hi5 gs.tln� 0.1k� 1i;1*d tAms .ISWposestmtess the e I+- COMMON OPEN SPACE V �titwewss�su�were aaeo l; eUliec:em - --- , �� ---- F. — II II - � / / Alcidtemre,Irc.6afiirN above. _IIAI, _ I a 25 so 100 wrxsx�r�wrs I —*— IN� 6\NEEA/ — `METER ' ' F 'yC BANK OO I ; _ , STABLY a = 1 OR j IIIILI i4�Qj u r onat� METER / °— BANK Q I BANK I II METER BANK -DESIGNS a METER — . . . . .. ndscape architecture�� •� BANK — .j'<- UTILITY EASEMENT ! „ m HATCHED) Linda Iverson c j landscape design ...x. UTILI R. TI I I E MEN - (HATC ni s A I r i U TY — c I . . . I �, fCD SLEE c P) o Ca CL _ lIM N d 3 —w.x. ..z x : x z---..z z--._x.—rx.--+st.- s—--+.z.--..x, --M +..z—f• —w.x. C —..e---^.x, —.Pa.— \ L •� a) d cai w m CD —� Ma U C T Y r_ ILI METER cc cc V SL VE BANK (TYP) o \ r I 0 11 e e m c a (/) o r - 1p ' - SHALLOW UTILITY VASTER PLAN o 9 "�� Z ........... 21 SPACES STORMWATER 1^ RETENTION BASINI SNOW STORAGE Architecture (406)585-1112 J° 22 SPACES Fq I I 7hU'VF o 22 SPACES 22 SPACES 20 SPACES 6 SPACES BLDG107 E. O N (: FS r - AK Th!Sftingis not intended m shat)it be skjwcIpmt—ionalstarnpedaregislered araAteaempoyed Design 5Landscape ArHOWE q 116 E.OAi I I _ ledus atfued a0rne. G LANE 6 SPACES ° u 27 SPACES - _ I ���HEfyjy ,I 'ti. &STG W � C 9 SPACES -'ILU 19 SPACES TAH LY z.' BLDG G aj i °I I IF LEW LANE 1v7o rr pt} ° 109 E.OAK - F cy I I. a. = � C ::,I ° I 10 SPACES- mom;.,. � 11 SPACES �'•:. 04� Q 9cFs'`•. `2F -DESIGNS J PARKING PLAZA landscape architecture Q Z — 21SPACES g BLDG F O E BLDG N C) PARKING PLAZA 111 E.OAK 3 OAK f BLDG AM Linda Iverson 105 E.OAK I IS SPACES 14 SPACES - BLDG L ^\ I n 221 E.OAK I / U :. landscape design _l . I I I I I Iu �-' � 40 SPACES I° °I 1 29 SPACES II• , I RO ERN LINE. LOADING - O I� Ir II `, ® °� C LANE _ J BLDG D L r 1265 N.ROUSE � I BLDG B d ROUSE P SPACES - \ (n 1A °>r BLDG K \ N 117 E.OAK - - I ^J^ `1 — (,� � cc � < °I II I cc v a. E 7 �O=0 I II rn °� 31SPACES Q p y a o���o •.- �! B LANE L I \ co ® II 11 SPACES 11/r w I c S,� j cc cc S I C) O 0 NORT E PUD BLDG J I i I !, ` (EXI NG) 211 E.OAK \ 0 w E _ t > .0 A `, BLDG C 1 Q a = •� 1237 N.ROUSE t \ W �c LL SITE j MASWR P1 eu \ \ BLDG A '•,"C I I 1203 N.ROUSE A L 1 .0 1 II:FELT v = piK na..vmKisG&'.]T