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HomeMy WebLinkAboutHaynes Pavilion Expansion Site Plan Exemptions, Z-12143_14 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Bristor, Associate Planner Tim McHarg, Planning Director SUBJECT: Haynes Pavilion Expansion Site Plan Exemptions - #Z-12143 MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Other Public Hearing RECOMMENDATION: The City Commission shall receive the site plan and conduct a public hearing on the exemptions claimed under M.C.A. Section 76-2-402. (Other than conducting a public hearing, no official motion is required by the City Commission). BACKGROUND: The Bozeman Amateur Hockey Association (BAHA) submitted a site plan application to the Department of Planning requesting an expansion to the Gallatin County Fairground’s Haynes Pavilion. Montana law (M.C.A. Section 76-2-402) addresses the relationship of municipal (City of Bozeman) zoning regulations to other government agencies’ use of land (Gallatin County, Bozeman School District, etc.). The law requires a public hearing whenever land is to be used contrary to the zoning regulations. The statute expressly provides that a municipality “shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.” In this instance, Gallatin County’s use of the land will not be contrary to the existing PLI (Public Lands and Institutions) zoning designation. However, the proposed development is asking for some exemptions to the City’s zoning regulations. In this regard, the applicant and the Development Review Committee (DRC) have identified and publically noticed claimed exemptions to the following regulations of the Bozeman Unified Development Code: Article 25 – Parking for and Article 26 – Landscaping. The parking section was noticed so to include relaxations to surfacing and perimeter curbing requirements, and the landscaping section was noticed for relaxations to parking lot landscaping and maximum length of uninterrupted parking spaces requirements. Staff would also like to mention that a 1999 Memorandum of Agreement (MOA) between the City of Bozeman and Gallatin County for the original construction of Haynes Pavilion was considered during the DRC review of the site plan application. The applicant did respond to each item of the MOA (included in the applicant’s materials). UNRESOLVED ISSUES: As identified by the City Commission. 131 FISCAL EFFECTS: None identified as part of the Site Plan/Exemption Public Hearing requirement. Attachments: Applicant’s submittal materials Report compiled on: July 26, 2012 132 Haynes Pavilion Expansion Gallatin County Fairgrounds Site Plan / COA Application With Public Agency Exemptions June 2012 133 Narrative This application shows the proposed phased expansions of the existing Haynes Pavilion at the Gal- latin County Fairgrounds. The subject property is owned by Gallatin County and zoned PLI “Public Lands and Institutions.” A small portion of the overall property is clipped on the north side by the En- tryway Overlay district. The current Master Plan was approved by the County Commission. Similar to other projects in the Fairgrounds, this application seeks to utilize the Public Agency Exemption provisions. The following specific improvements are proposed: · New northeast entry vestibule on existing Haynes Pavilion to allow for new building circulation and parking configurations · New 36,500 SF adjacent pavilion—year round ice facility (Phase I) · New 3400 SF mechanical room addition (Phase II) · Future 2400 SF accessory spaces connection (Phases III+) · 116 space parking lot (plus 5 disabled accessible spaces) east of the existing Haynes Pavilion. The proposed parking area would tie into the existing paved access from the North Black Avenue entrance. While the parking lot is not proposed to be paved until a later phase, the accessible spaces would be paved and striped with a clear accessible path to the primary entrance. · Relocation of two existing full cutoff fairground standard parking lot lights currently located on the west of the building to the east parking lot and installation of two matching lights (see attached cut sheets) on concrete bases. · New landscaping · New signage · New mechanical equipment and required screening · Stormwater would be in compliance with the adopted Fairgrounds Stormwater Master Plan Due to funding mechanisms, the following phasing plan is proposed: · Phase I: Construct new northeast entrance of the existing Haynes Pavilion. Construct the 36,500 SF ice rink shell and related site improvements including gravel parking (no building occupation is planned with Phase I) · Phase II: Construct refrigerated slab and the minimal interior improvements in the new ice rink and expand existing mechanical room. · Phase III +: Construct accessory spaces, locker rooms, permanent seating, mezzanine and new north entry as future funding allows. 135 Requested Public Agency Exemptions The following public agency exemptions are proposed: · Article 25: Parking The initial parking lot is proposed to be gravel except for disabled accessible spaces which would be paved and striped in compliance with ADA requirements. The parking lot would be paved and striped as funding allows. Landscape islands are not included in the parking lot plan due to the flexibility required for uses in the Fairgrounds such as the fair, farmers market, and other large events. · Article 26: Landscaping While some additional trees are proposed as part of this application, the site may not fully meet landscaping requirements identified in Article 26. Due to the overall nature of the fairgrounds, al- ternative means of compliance for landscaping is proposed. See attached site plan. 136 Page 1 Appropriate Review Fee Submitted CITY OF BOZEMAN FEE APPLIES- $ DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: 2. Property Owner Information: Name: E-mail Address: Mailing Address: Phone: FAX: 3. Applicant Information: Name: E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: 6. Street Address: 7. Project Description: 8. Zoning Designation(s): 9. Current Land Use(s): 10. Bozeman Community Plan Designation: 11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet: Haynes Pavilion Expansion Site Plan Application w/exemptions Gallatin County 311 West Main Street, Room 306, Bozeman MT 59715 582-3003 582-3003 Bozeman Amateur Hockey Association (BAHA) Contact: Julie Keck PO Box 6414, Bozeman MT 59771-6414 586-5557 jkeck@bozemanhockey.org Intrinsik Architecture, Inc. Contact: Rob Pertzborn 111 North Tracy Avenue, Bozeman MT 59715 582-8988 rpertzborn@intrinsikarchitecture.com 582-8911 Expansion of the existing Haynes Pavilion at the Fairgrounds 901 North Black Avenue PLI Fairgrounds Public Institutions Imes Add, Sec. 6, T2S, R6E, Blocks 5-28, Pt of Blocks 3&4 plus vacant streets and alleys less tract A, plat C-41-D 63.66 137 Page 2 (Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07, revised 11/14/11) 13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14 13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue 14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15 14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor 15. Will this application require a deviation(s)? Yes, list UDC section(s): No 16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application E. Special Temporary Use Permit T. Subdivision Preliminary Plat F. Sketch Plan/COA U. Subdivision Final Plat G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption H. Preliminary Site Plan/COA W. Annexation I. Preliminary Site Plan X. Zoning Map Amendment J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment K. Conditional Use Permit Z. Zoning Variance L. Conditional Use Permit/COA AA. Growth Policy Map Amendment M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment N. Administrative Interpretation Appeal Other: This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½- by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Applicant’s Signature: Date: Applicant’s Signature: Date: Property Owner’s Signature: Date: Property Owner’s Signature: Date: x x x x See attached narrativepublic agency exemptions x x 138 SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following: Design Review Board (DRB) Site Plan Review Thresholds Yes No 1. 20 or more dwelling units in a multiple household structure or structures 2. 30,000 or more square feet of office space, retail commercial space, service commercial space or industrial space 3. 20,000 or more square feet of exterior storage of materials or goods 4. Parking for more than 90 vehicles B. General Information. The following information shall be provided for site plan review: General Information Yes No N/A 1. Location map, including area within one-half mile of the site 2. List of names and addresses of property owners according to Chapter 38.40, BMC (Noticing) 3. A construction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety 4. Boundary line of property with dimensions 5. Date of plan preparation and changes 6. North point indicator 7. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet 8. Parcel size(s) in gross acres and square feet 9. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use 10. Location, percentage of parcel(s) and total site, and square footage for the following: a. Existing and proposed buildings and structures b. Driveway and parking c. Open space and/or landscaped area, recreational use areas, public and semipublic land, parks, school sites, etc. d. Public street right-of-way 11. Total number, type and density per type of dwelling units, and total net and gross residential density and density per residential parcel 12. Detailed plan of all parking facilities, including circulation aisles, access drives, covered and uncovered bicycle parking, compact spaces, handicapped spaces and motorcycle parking, on- street parking, number of employee and non-employee parking spaces, existing and proposed, and total square footage of each Page 3 (Site Plan Checklist – Prepared 12/05/03; revised 9/22/04; revised 7/24/07, revised 11/14/11) x x 39,400 SF of recreational space no dwelling units xno exterior storage x x x x x x x x x x x x x x x No dwelling units proposed x 139 Page 4 General Information, continued Yes No N/A 13. The information required by Section 38.41.060.L, BMC (Streets, Roads and Alleys), unless such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed, or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application 14. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping 15. Building design information (on-site): a. Building heights and elevations of all exterior walls of the building(s) or structure(s) b. Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or floodplain area c. Floor plans depicting location and dimensions of all proposed uses and activities 16. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities 17. Unless already provided through a previous subdivision review, a noxious weed control plan complying with Section 38.41.050.H, BMC (Noxious Weed Management and Revegetation Plan) 18. Drafts of applicable supplementary documents as set forth in Chapter 38.38, BMC (Supplementary Documents) 19. Stormwater Management Permit Application required C. Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way, unless otherwise stated: Site Plan Information Yes No N/A 1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way 4. Ingress and egress points 5. Traffic flow on-site 6. Traffic flow off-site 7. Utilities and utility rights-of-way or easements: a. Electric b. Natural gas c. Telephone, cable television and similar utilities d. Water e. Sewer (sanitary, treated effluent and storm) 8. Surface water, including: a. Holding ponds, streams and irrigation ditches b. Watercourses, water bodies and wetlands c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis d. A floodplain analysis report in compliance with Chapter 38.31, BMC (Bozeman Floodplain Regulations) if not previously provided with subdivision review x x waived? Building Permit will include required soils report; soils estimated to be similar to adjacent Haynes Pavilion constructed in 2001 x x x x none proposed not required x not required Fairgrounds Stormwater Master Plan attached.x x x x x x x x x x x x x x x x No surface water facilities will be affected by this project. 140 Page 5 Site Plan Information, continued Yes No N/A 9. Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the Engineering Department, or in compliance with B.M.C. Chapter 40 Article 4 storm drainage ordinance and best management practices manual adopted by the City 10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway (where appropriate) b. The downstream conditions (developed, available drainageways, etc.) c. Any downstream restrictions 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features 12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict 13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including construction details and the applicant’s certification of ADA compliance 14. Fences and walls, including typical details 15. Exterior signs. Note – The review of signs in conjunction with this application is only review for compliance with Chapter 38.28, BMC (Signs). A sign permit must be obtained from the Department of Planning and Community Development prior to erection of any and all signs. 16. Permanent and construction period exterior refuse collection areas, including typical details 17. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in Section 38.41.060.18, BMC (Lighting Plan), if not previously provided 18. Curb, asphalt section and drive approach construction details 19. Landscaping - detailed plan showing plantings, equipment, and other appropriate information as required in Section 38.41.100, BMC (Submittal Requirements for Landscaping Plans). If required, complete section C below 20. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 inches, by species 21. Snow storage areas 22. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning Jurisdiction, within or near the development 23. Existing zoning within 200 feet of the site 24. Historic, cultural and archeological resources, describe and map any designated historic structures or districts, and archeological or cultural sites 25. Major public facilities, including schools, parks, trails, etc. 26. The information necessary to complete the determination of density change and parkland provision required by Chapter 38.27, BMC, unless such information was previously determined by the City to be inapplicable and written confirmation is provided to the applicant prior to submittal of a preliminary site plan application. If a new park will be created by the development, the park plan materials of Section 38.41.060.16, BMC shall be provided. 27. Describe how the site plan will satisfy any requirements of Article 8 Section 10, BMC (Affordable Housing) which have either been established for that lot(s) through the subdivision process or if no subdivision has previously occurred are applicable to a site plan. The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to Article 8 Section 10, BMC compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. x See attached Fairgrounds Stormwater Master Plan x x x x No drainage ways will be affected x No significant rock outcroppings on the subject site x xNone proposed x xBins proposed x x x x Landscaping proposed in compliance with adopted master plan x x x x No historic structures will be altered x x No dwelling units proposed x No dwelling units proposed 141 Page 6 D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan: Landscape Plan Information Yes No N/A 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan 2. Location of existing boundary lines and dimensions of the lot 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name, street address, and lot and block description 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours) 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips 7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction 10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features 11. A description of proposed watering methods 12. Location of street vision triangles on the lot (if applicable) 13. Tabulation of points earned by the plan – see Section 38.26.060, BMC (Landscape Performance Standards) 14. Designated snow removal storage areas 15. Location of pavement, curbs, sidewalks and gutters 16. Show location of existing and/or proposed drainage facilities which are to be used for drainage control 17. Existing and proposed grade 18. Size of plantings at the time of installation and at maturity 19. Areas to be irrigated 20. Planting plan for watercourse buffers, per Section 38.23.100, BMC (Watercourse Setbacks), if not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls Minor landscaping proposed in accordance with adopted Master Plan 142 CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) Susan Riggs Gallatin County Fairgrounds 143 NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.05.1230, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e- mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.05.1230 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date (Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11) NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.05.1230, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e- mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.05.1230 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date (Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11) Susan Riggs Haynes Pavilion Expansion 6/20/12 144 Source: Stefan Associates 2007 Fairgrounds Master Plan 145 Source: Google Earth 2012 Aerial Image Project Site 146 Source: Bozeman GIS Department Zoning Map (also showing right-of-ways) 147 Photo 1 Photo 2 148 Photo 3 Photo 4 149 Photo 5 Photo 6 150 Photo 7 Photo 8 151 152 Created: 06/20/2012 WP2FCF42/PC2 Fully shielded, Full Cutoff wallpack. Full Cutoff optics with flat tempered glass lens. EZ mount knockouts for easy wiring. Lamp supplied. Lamp Info Type:42W Triple Watts:42 Shape/Size:N/A Base:N/A ANSI:N/A Hours:12,000 Lamp Lumens:3,200 Efficacy:70 LPW Ballast Info Type:Elec HPF QT 120V:0.38 208V:0.3 240V:0.2 277V:0.17 Input Watts:46W Efficiency:91% Color: Bronze Weight: 17.2 lbs Technical Specifications UL Listing: Suitable for wet locations. HID fixtures can be wired with 90 C supply wiring if supply wires are routed 3" away from ballast. Housing: Die cast aluminum, 1/2" NPS tapped holes top, both sides and back for conduit or photocontrol. Hinged refractor frame. Continuous silicone rubber gasket. Reflector: Specular anodized aluminum, removable for installation. Symmetrical light pattern maximizes distance between fixtures. Cutoff Lens: Tempered glass. Refractor: Prismatic optics designed to minimize glare and throw light down and out. Heat resistant borosilicate glass. Finish: Chip and fade resistant polyester powder coating. Photocell: Button Photocell installed and wired for 208, 208, 277 Volts Volts: 277V Patents: RAB sensor and fixture designs are protected under U.S. and International Intellectual Property laws. Ballast Minimum Starting Temperature: 0 Deg F For use on LEED Buildings: IDA Dark Sky Approval means that this fixture can be used to achieve LEED Credits for Light Pollution Reduction. Dark Sky Approved: The International Dark Sky Association has approved this product as a full cutoff, fully shielded luminaire. Country of Origin: Designed by RAB in New Jersey and assembled in the USA by IBEW Local 3 Buy American Act Compliant: This product is a COTS item manufactured in the United States, and is compliant with the Buy American Act. Recovery Act (ARRA) Compliant: This product complies with the 52.225-21 "Required Use of American Iron, Steel, and Manufactured Goods-- Buy American Act-- Construction Materials (October 2010) Trade Agreements Act Compliant: This product is a COTS item manufactured in the United States, and is compliant with the Trade Agreements Act. GSA Schedule: This product is suitable for listing on the GSA Schedule of the US General Services in accordance with FAR Subpart 25.4 Copyright ©2012 RAB Lighting, Inc. All Rights Reserved Tech Help Line:888 RAB-1000 Email:sales@rabweb.com On the web at:www.rabweb.com Page 1 of 1Note: Specifications are subject to change without notice 153 154 155 156 City of Bozeman PO Box 1230 Bozeman MT 59771-1230 Steve Kistler 505 Ivan Avenue Bozeman MT 59715 Kara, Joseph, Neda May Herman 636 East Davis Street Bozeman MT 59715 Gallatin County 311 West Main Street Bozeman MT 59715 Robert Zatzke 507 Ivan Avenue Bozeman MT 59715 Greenwood Enterprises, LLC PO Box 788 Bozeman MT 59771 Wal-Mart Stores, Inc. 1500 North 7th Avenue Bozeman MT 59715 Mary E. Terpstra 506 Ivan Avenue Bozeman MT 59715 Cassandra Erhardt 4 E Tamarack Street Bozeman MT 59715 George Westlake & Kay Martinen 15008 SE Graham Road Vancover, WA 98683 Jack & Patricia Tandy 504 Ivan Avenue Bozeman MT 59715 Kristopher & Jane Mangold 820 North Tracy Avenue Bozeman MT 59715 Kenton & Terry Smith 13143 Woodmont Place Poway, CA 92064 Paul Toomey 502 Ivan Avenue Bozeman MT 59715 Bobbi Geise 3475 Tumbleweed Drive Bozeman MT 59715 Shirley Smith 407 Ivan Avenue Bozeman MT 59715 Angie Mangels 824 North 3rd Avenue Bozeman MT 59715 Aaron Blaker & Sondra Van Ert 20 East Tamarack Street Bozeman MT 59715 Alan & Marsha Evans 4029 Morton Bend Road SW Rome, GA 30161 Chadwick Groth 701 South Willson Avenue Bozeman MT 59715 Neil Tack 815 North Black Avenue Bozeman MT 59715 Steven Swain 403 Ivan Avenue Bozeman MT 59715 Guy Ouellette 814 North 3rd Avenue Bozeman MT 59715 822 North Black, LLC 11 Lariat Loop Bozeman MT 59715 Sheryl Nichols 501 Ivan Avenue Bozeman MT 59715 Martha & Douglas Drysdale 1547 North Hunters Way #338 Bozeman MT 59718 Sue Ann Haggerty 312 North 21st Avenue Bozeman, MT 59718 Rhonda Bowers 503 Ivan Avenue Bozeman MT 59715 Sharon Lodge 235 Cirque Drive Bozeman MT 59718 Peter & Patricia Bauerle 201 Southview Avenue Belgrade, MT 59714 157 Scott & Sally Richardson 28 Gallatin Drive Bozeman MT 59718 William Platte & Mary Bardone 216 South 3rd Avenue Bozeman MT 59715 Montana Avenue Partners, LLC 1006 West Main Street Bozeman MT 59715 Turczyn Jump, LLC 2712 Daisy Drive Bozeman MT 59718 Bozeman Pea Cannery Properties 101 East Oak Street Ste W Bozeman MT 59715 Darvin B. Hanson 502 Ivan Avenue Bozeman MT 59715 State of Montana PO Box 1110 Bozeman MT 59771-1110 Gallatin County Emergency Operations Center 34 North Rouse Avenue Bozeman MT 59715 158 15 9 16 0 16 1 16 2 16 3 16 4 16 5 16 6 16 7 16 8 16 9 17 0 Below, please find the requested response to the Memorandum of Agreement for the Fairgrounds Pavilion between Gallatin County and the City of Bozeman dated 6/22/99. Note: this agreement is between the City and the County and the responses below are merely general observations. 1 THE PURPOSE OF THE MEMORANDUM The purpose of this Memorandum of Agreement is to provide a process for the financing and construction of an approximate 110 by 225 open air pavilion and accompanying facilities located on the Gallatin County Fairgrounds An additional purpose is to set forth the types of uses and duration of access to the pavilion 2 FINANCING AND CONSTRUCTION Upon receipt from the City of 180 000 00 of which approximately 10 000 shall be considered earmarked for lighting the pavilion, the County shall: A Plan design and construct an approximate 110 by 225 open air pavilion to be named the Haynes Pavilion on the Gallatin County Fairgrounds The pavilion and its immediate location shall A 110'x225' open air pavilion was constructed in 2000-2001. 1 Be designed to accommodate a standard sized ice surface including a refrigeration system and dasherboards The building accommodates a standard size (85'x200') refrigerated ice surface with dasherboards. 2 Include all necessary utilities including sewer water power and lights The building includes all necessary utilities. 3 Include a formal park setting adjacent to the pavilion and accompanying facilities which shall run from a gated entry way on Tamarack Street up to the pavilion to the north The park shall include irrigated grass and trees The County shall be responsible for payment and construction of the park landscape which shall be completed no later than the Fall of2000. Green space (irrigated lawn and trees) was installed to the east, west and North of the building. A pedestrian gate was installed at the intersection on North Tracy Avenue and Tamarack Street. The County shall retain all right title and interest to the real property upon which the pavilion is located and to all improvements thereon B Before County enters any subsequent contracts with third parties to perform any work on the pavilion or accompanying facilities it may set forth a formal bidding process under Montana law if for any reason the lowest responsible bid cannot be accepted by County, County may at its discretion return the 180 000 00 set forth above and immediately terminate this Agreement. The project followed a formal bidding process. 3 USE AND ACCESS The pavilion shall be accessible to the public under the foll owing conditions A The County will lease the pavilion and accompanying facilities to BAHA A under terms that shall include but not be limited to: 1 A lease term for the time period of approximately November 1 to April 15 winter use period for 10 years with a right of renewal. A lease was signed for 10 years and renewed for another 10 years in 2011. 171 2 The construction operation and maintenance of adequate ice surface refrigeration and dasherboard systems by BAHA shall act as consideration for rent for the pavilion and accompanying facilities BAHA (Bozeman Amateur Hockey Association) receives credit for construction, operation and maintenance toward our annual rent. 3 The pavilion and accompanying facilities shall be open for free general public access for reasonable amounts of time during lunch hours and evenings The pavilion and accompanying facilities are open for free general public access for reasonable amounts of time during lunch hours and evenings. Skating is offered at reasonable rates in the winter. 4 The lessee shall insure its operations and property in amounts acceptable to County BAHA insures its operations and property according to County standards. 5 Nothing in this section shall limit BAHA from chargi ng individuals membership session or season fees for use of the pavilion and accompanying facilities BAHA offers memberships and charges accordingly to cover costs. B The County shall not be responsible for the construction operation and maintenance of adequate ice surface refrigeration and dasherboard systems at the pavilion if BAHA is unable to meet its obligations under the lease if for any reason BAHA is unable to meet its obligations under the lease the County and City shall agree on an acceptable use for the pavilion and accompanying facilities for the winter use period which shall include the same terms and conditions in Section 3 A above. BAHA has operated the facility since it opened in 2001. C The pavilion and accompanying facilities shall be open for use by the general public as any other County Fairgrounds facility for the remainder of the year summer use period subject to the following conditions The pavilion is open for use by the general public as any other County Fairgrounds facilities. 1 The County will allow access to the pavilion and accompanying facilities commensurate with the policies scheduling and cost structures of similar County Fairgrounds facilities for the hours of 8:00 AM through 10:00 PM except during one week for the annual County fair The park adjacent to the pavilion and accompanying facilities shall be open as any other County Fairgrounds facility for general use to the public for the hours of 8:00 AM through 10:00 PM Access is allowed to the pavilion commensurate with the policies, scheduling and cost structures of similar fairgrounds facilities. 4 NO SEPARATE LEGAL ENTITY The parties agree this Memorandum does not create a separate legal entity 5 DEFAULT AND TERMINATION In the event either party fails to comply with any provision of this Agreement and fails to cure such a breach within thirty days written notice then that party shall be in material default of this Agreement and the other party may in its sole discretion terminate this Agreement and pursue all remedies available to it at law or in equity This Agreement may also be terminated by mutual written agreement 172 6 INSURANCE County shall insure the pavilion and accompanying facilities and the adjacent park under the same coverage and policies as all other County personal and real property 7 AMENDMENT This Memorandum represents the entire agreement between the parties and can only be amended by written agreement by all of the parties 173