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Eagle Valley Ranch Growth Policy Amd, PUD and PP Materials
Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager �Vx FROM: Jarod Nygren, Senior Planner SUBJECT: Resolution 5901A, B, and C — KGPA-18-02 — Resolution of intention to adopt, revise, or reject Eagle Valley Ranch growth policy amendment MEETING DATE: October 1, 2018 BACKGROUND: Spartan Holdings, LLC is requesting a Residential Mixed Use Planned Unit Development (PUD) to be known as Eagle Valley Ranch PUD. Eagle Valley Ranch encompasses approximately 100-acres and creates a new vision for the project site, which is currently known as the Valley Ranch PUD. The applicant has applied for an amendment to the Kalispell Growth Policy Future Land Use Map on 41-acres of the 100-acre project site from "Suburban Residential" to "Urban Mixed Use." The subject property is currently designated as "Suburban Residential" on the entire 100-acres proposed to be developed. The amendment request is to change the 41-acres from "Suburban Residential' to "Urban Mixed Use" to accommodate mixed use and apartment sites depicted within the associated Eagle Valley Ranch PUD application. The Kalispell City Council, at their meeting on September 17, 2018, held a public hearing on the proposed amendment in accordance with Section 76-1-604, M.C.A. During the public comment portion of the hearing, the applicant spoke in favor of the request. There was also three members of the public that spoke out regarding the increased traffic on Rose Crossing since the road had opened, and the increased traffic that would be associated with the proposed development. There being no further public comment the public hearing was closed. RECOMMENDATION: It is recommended that the Kalispell City Council make a motion to approve Resolution 5901A, a resolution amending the Kalispell Growth Policy Future Land Use Map from Suburban Residential to Urban Mixed Use on 41-acres of land described as Tract 4 and Tract 8 of COS 4491, situated in the NE4 of the SW4 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathedd County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 5901A, 5901B, 5901C August 14, 2018, Kalispell Planning Board Minutes Staff Report Amended Application Materials & Maps Resolution No. KGPA-18-02 signed by the Kalispell Planning Board President Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO.5901A A RESOLUTION ADOPTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON 41-ACRES OF A 100-ACRE PROJECT SITE TO BE KNOWN AS EAGLE VALLEY RANCH PUD SITUATED ALONG U.S. 93, SOUTH OF THE PONDEROSA RESIDENTIAL SUBDIVISION, EAST OF NORTHERN PINES GOLF COURSE AND NORTH OF THE MONTANA NATIONAL GUARD FACILITIES, MORE PARTICULARLY DESCRIBED AS TRACT 4 AND TRACT 8 OF COS 4491, SITUATED IN THE NE% OF THE SWV4 OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "SUBURBAN RESIDENTIAL" TO "URBAN MIXED USE". WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy — Plan It 2035 was adopted by the Kalispell City Council on July 3, 2017; and WHEREAS, Spartan I loldings, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 41-acres of a 100-acre project site to be known as the Eagle Valley Ranch PUD from "Suburban Residential" to "Urban Mixed Use" to accommodate the mixed use and apartment sites; and WHEREAS, the property is situated along U.S. 93, south of the Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities, more particularly described as Tract 4 and Tract 8 of COS 4491, situated in the NE'/4 of the SW'/4 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on August 14, 2018, the Kalispell City Planning Board held a duly noticed public hearing on the request in which it received public comment and reviewed Kalispell Planning Department report #KGPA-18-02 that evaluated the proposal based upon the goals and objectives of the Growth Policy and current circumstances in the planning jurisdiction; and WHEREAS, at the conclusion of the public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report #KGPA-18-02 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on August 6, 2018 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5897, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy — Plan It 2035 and called for a public hearing to be held on August 20, 2018; and WHEREAS, on September 17, 2018 the Kalispell City Council, after due and proper notice, held a public hearing on the Spartan 11oldings, LLC request and received three (3) oral public comments regarding the traffic safety on Rose Crossing and the Kalispell Planning Department report #KGPA-18-02; and WHEREAS, upon consideration of the recommendation of the Kalispell Planning Board and all other evidence in the public record, the Kalispell City Council finds that it is in the best interest of the City to amend the Kalispell Growth Policy — Plan It 2035 by adopting, as its findings, Kalispell Planning Department report #KGPA-18-02, and to amend the designation of the above described property described as Tract 4 and Tract 8 of COS 4491, situated in the NE'/4 of the SW'/4 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana from "Suburban Residential" to "Urban Mixed Use" in the Growth Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the Kalispell City Council hereby adopts as an amendment to the Kalispell Growth Policy — Plan It 2035, the designation of property described as Tract 4 and Tract 8 of COS 4491, situated in the NE'/4 of the SW'/4 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana from "Suburban Residential" to "Urban Mixed Use" in the Growth Policy as fully described in Kalispell Planning Department report #KGPA-18-02 attached hereto and incorporated fully herein by this reference. SECTION 2. This Resolution shall become effective immediately upon its passage by the City Council. PASSED AND APPROVED BY T1IE CITY COUNCIL AND SIGNED BY TI IE MAYOR OF T11E CITY OF KALISPELL, TI IIS 1 ST DAY OF OCTOBER, 2018. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk RESOLUTION NO.5901B A RESOLUTION REVISING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON 41-ACRES OF A 100-ACRE PROJECT SITE TO BE KNOWN AS EAGLE VALLEY RANCH PUD SITUATED ALONG U.S. 93, SOUTH OF THE PONDEROSA RESIDENTIAL SUBDIVISION, EAST OF NORTHERN PINES GOLF COURSE AND NORTH OF THE MONTANA NATIONAL GUARD FACILITIES, MORE PARTICULARLY DESCRIBED AS TRACT 4 AND TRACT 8 OF COS 4491, SITUATED IN THE NEV4 OF THE SWV4 OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "SUBURBAN RESIDENTIAL" TO "URBAN MIXED USE". WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy - Plan It 2035 was adopted by the Kalispell City Council on July 3, 2017; and WHEREAS, Spartan 1 loldings, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 41-acres of a 100-acre project site to be known as the Eagle Valley Ranch PUD from "Suburban Residential" to "Urban Mixed Use" to accommodate the mixed use and apartment sites; and WHEREAS, the property is situated along U.S. 93, south of the Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities, more particularly described as Tract 4 and Tract 8 of COS 4491, situated in the NE'/4 of the SW%4 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on August 14, 2018, the Kalispell City Planning Board held a duly noticed public hearing on the request in which it received public comment and reviewed Kalispell Planning Department report #KGPA-18-02 that evaluated the proposal based upon the goals and objectives of the Growth Policy and current circumstances in the planning jurisdiction; and WHEREAS, at the conclusion of the public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report #KGPA-18-02 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on August 6, 2018 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5897, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy — Plan It 2035 and called for a public hearing to be held on August 20, 2018; and WHEREAS, on September 17, 2018 the Kalispell City Council, after due and proper notice, held a public hearing on the Spartan Holdings, LLC request and received three (3) oral public comments regarding the traffic safety on Rose Crossing and the Kalispell Planning Department report #KGPA-18-02; and WHEREAS, the Kalispell City Council finds that it is in the best interest of the City to amend the Kalispell Growth Policy — Plan It 2035, and revise the recommendations of the City Planning Board by adopting as its findings the following: WHEREAS, in all other respects, not inconsistent with the above, the Council adopts the Kalispell Planning Department report #KGPA-18-02 as its findings of fact, and further finds that it is in the best interests of the City to adopt said revised amendment to the Kalispell Growth Policy — Plan It 203 5 consisting of amending the designation of the above described property from Urban Residential to in the Growth Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the Kalispell City Council hereby adopts as an amendment to the Kalispell Growth Policy — Plan It 2035, the designation of property described as Tract 4 and Tract 8 of COS 4491, situated in the NE'/4 of the SW'/4 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana from "Suburban Residential" to " " in the Growth Policy as fully described in Kalispell Planning Department report #KGPA-18-02 attached hereto and incorporated fully herein by this reference. SECTION 2. This Resolution shall become effective immediately upon its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF TI IE CITY OF KALISPELL, THIS 1 ST DAY OF OCTOBER, 2018. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk RESOLUTION NO.5901C A RESOLUTION REJECTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY -- PLAN IT 2035 ON 41-ACRES OF A 100-ACRE PROJECT SITE TO BE KNOWN AS EAGLE VALLEY RANCH PUD SITUATED ALONG U.S. 93, SOUTH OF THE PONDEROSA RESIDENTIAL SUBDIVISION, EAST OF NORTHERN PINES GOLF COURSE AND NORTH OF THE MONTANA NATIONAL GUARD FACILITIES, MORE PARTICULARLY DESCRIBED AS TRACT 4 AND TRACT 8 OF COS 4491, SITUATED IN THE NE'/4 OF THE SW% OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM "SUBURBAN RESIDENTIAL" TO "URBAN MIXED USE". WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy— Plan It 2035 was adopted by the Kalispell City Council on July 3, 2017; and WHEREAS, Spartan l loldings, LLC is requesting an amendment to the Kalispell Growth Policy Future Land Use Map on 41-acres of a 100-acre project site to be known as the Eagle Valley Ranch PUD from "Suburban Residential" to "Urban Mixed Use" to accommodate the mixed use and apartment sites; and WHEREAS, the property is situated along U.S. 93, south of the Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities, more particularly described as Tract 4 and Tract 8 of COS 4491, situated in the NE'/4 of the SW'/4 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, on August 14, 2018, the Kalispell City Planning Board held a duly noticed public hearing on the request in which it received public comment and reviewed Kalispell Planning Department report #KGPA-18-02 that evaluated the proposal based upon the goals and objectives of the Growth Policy and current circumstances in the planning jurisdiction; and WHEREAS, at the conclusion of the public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board adopted report #KGPA-18-02 as findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, on August 6, 2018 the Kalispell City Council responded to the Planning Board recommendation by passing Resolution 5897, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy — Plan It 2035 and called for a public hearing to be held on August 20, 2018; and WHEREAS, on September 17, 2018 the Kalispell City Council, after due and proper notice, held a public hearing on the Spartan Iloldings, LLC request and received three (3) oral public comments regarding the traffic safety on Rose Crossing and the Kalispell Planning Department report #KGPA-18-02; and WHEREAS, the Kalispell City Council finds that it is not in the best interest of the City to amend the Kalispell Growth Policy — Plan It 2035, as recommended by the Kalispell City Planning Board, said proposed amendment consisting of amending the designation of 44 acres of land from "Suburban Residential" to "Urban Mixed Use" in the Growth Policy for the following reasons: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the Kalispell City Council hereby rejects the amendment that was the subject of the Kalispell Planning Department report #KGPA-18-02 and recommended by the City Planning Board to the Kalispell Growth Policy — Plan It 2035. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF TIl CITY OF KALISPELL, THIS 1 ST DAY OF OCTOBER, 2018. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk PLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT: MEETING DATE: MONT"A Doug Russell, City Manager Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning KPUD-18-04 — Eagle Valley Ranch Planned Unit Development Zoning Overlay October 1, 2018 BACKGROUND: Spartan Holdings, LLC is requesting a Residential Mixed Use Planned Unit Development (PUD) to be known as Eagle Valley Ranch PUD. Eagle Valley Ranch encompasses approximately 100-acres and creates a new vision for the project site, which is currently known as the Valley Ranch PUD. The Valley Ranch PUD was approved in 2008 and has since lapsed due to inactivity. The original 80-acre Valley Ranch PUD acreage has been increased by approximately 20- acres with the addition of another parcel north of the Kalispell Armory. The Residential Mixed Use PUD will function in concert with RA-2 and R-3 Zones to provide a comprehensive, integrated development plan providing flexibility of architectural design, density as well as the option to mix land uses on the entire 100-acres. In this case, the application calls for 225 residential lots, 12 mixed - use office: residential lots (including a potential assisted living site) and apartment complex site, 14.7- acre open space/buffer area adjacent to Ponderosa Subdivision and a 3.7-acre open space buffer along U.S. 93. The PUD was reviewed in accordance with Section 27.19.020(4) of the Kalispell Zoning Ordinance. The proposed development is generally situated along U.S. 93, south of the Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities. The Kalispell City Planning Board held a duly noticed public hearing August 14, 2018, to consider the application request, including the associated growth policy amendment. Three (3) neighboring property owners spoke against the request due to the density, storm water concerns and traffic. The applicant spoke in favor of the request. The Board had a lengthy discussion regarding the application requests, including an alternative cottage design at the north end of the development that property owners to the north within Ponderosa felt would be a better design adjacent their subdivision. Ultimately, discussion concluded that the requests were appropriate and the Board unanimously recommended to the Kalispell City Council that the applications be approved with additional conditions that allows the option of a PUD amendment for a cottage design at the north end of the development and an optional right-of-way extension to Ponderosa Subdivision. RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1814, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Tracts 1, 4, 7 and 8 of COS 4491, Tract 2 of COS 5975 and Tract 2 of COS 5593, situated in the SW4 of Section 19, Township 29 North, Range 21 West, P.M.M. Flathead County, Montana to City R-3 and RA-2 with a Residential Mixed Use Planned Unit Development zoning overlay with 25 conditions, in accordance with the Kalispell Growth Policy Plan -It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1814 August 14, 2018, Kalispell Planning Board Minutes Staff Report Amended Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1814 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ATTACHING A ZONING CLASSIFICATION OF RA2 AND R-3 OVER CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS 1, 4, 7 AND 8 OF COS 4491, TRACT 2 OF COS 5975 AND TRACT 2 OF COS 5593, SITUATED IN THE SWV4 OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA AND CREATING A RESIDENTIAL MIXED USE PLANNED UNIT DEVELOPMENT OVERLAY ZONE THEREON, TO BE KNOWN AS THE EAGLE VALLEY RANCH PUD IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Spartan Holdings, LLC, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned RA-2 and R-3 with a Residential Mixed Use Planned Unit Development (PUD) overlay to be known as Eagle Valley Ranch PUD, on approximately 100 acres of land; and WHEREAS, the property is currently zoned R-2/PUD and R-2, and is generally situated along U.S. 93, south of the Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities; and WHEREAS, the petition of Spartan Holdings, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-18-04, in which the Kalispell Planning Department evaluated the petition and recommended the change in the zoning classification and that a Planned Unit Development overlay be attached to the above described tract of land pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 14, 2018, and recommended that the approximately 100 acres of land be zoned RA-2 and R-3 with a Residential Mixed Use Planned Unit Development (PUD) overlay, pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, after considering all the evidence submitted on the proposal to amend the zoning classification and attach a Planned Unit Development overlay to the property, the City Council finds such zoning to be consistent with the Kalispell Growth Policy - Plan It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KPUD-18-01. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by changing the zoning classification of the subject property to RA-2 and R-3 and attaching the property described above with a Planned Unit Development overlay. SECTION 2. The Planned Unit Development overlay proposed by Spartan I loldings, LLC upon the real property described above is hereby approved subject to the following conditions: 1. The Planned Unit Development for Eagle Valley Ranch allows the following deviations from the Kalispell Zoning Ordinance: a. Kalispell Zoning Ordinance, Section 27.06.040 (1) (Minimum lot size in the R-3 Zoning District) to allow single-family residential lots below the minimum lot size. Currently, the minimum lot size is 6,000 square feet and the request would allow single-family lot size of 5,000 square feet. b. Kalispell Zoning Ordinance, Section 27.06.020 (Permitted uses within the R-3 Zoning District) for permitting townhouse units within the R-3 zoning district. 2. That the development of the site will be in substantial conformance with the documents entitled Eagle Valley Ranch and associated submittal drawings which shall govern location of the lots, easements, roadways, phasing plan, covenants and declarations, landscaping, open space uses and architecture. 3. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 4. Architectural renderings for all commercial buildings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit for development within the RA-2 Zone. 6. New infrastructure required to serve the development shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to storm water, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 7. The traffic impact study for the project site shall be reviewed and approved by the Public Works Department and where appropriate, the Montana Department of Transportation in order to determine the appropriate mitigation as the project develops. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto U.S. 93. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT. 9. The Parks and Recreation Director shall approve the landscape plan for the placement of trees and landscaping materials and irrigation within the landscape boulevards of the streets and all open space areas of the development. 10. The developer shall work with Eagle Transit to establish bus stop location(s) within the Eagle Valley Ranch PUD. The approved bus stop location(s) shall be included on a revised PUD plan and submitted with the preliminary plat of phase 12. Bus stop location(s) shall be improved in accordance with Eagle Transit's requirements, which may include a bus shelter. This condition is waived if Eagle Transit provides a letter in writing that it will not serve the development. 11. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 12. That a minimum of two-thirds of the necessary public infrastructure for any subsequent subdivision shall be completed prior to final plat submittal. 13. The developer shall provide the Parks and Recreation Department with a park improvement plan prior to Phase 1 for the development which shall include provisions for the following: a. A minimum 10-feet wide pedestrian trail shall be constructed along the entire U.S. 93 frontage within the 100-foot buffer. The trail shall be integrally designed into the landscape plan required between the highway and the 100-foot buffer. The pathway shall be as linear as possible and shall not have any bollards obstructing movement. b. All locations where park access is shown to the 14.7-acre open space area shall include path connections to the city right-of-way. c. Location and type of playground equipment, or equivalent recreational facility to be used by residents of the development. 14. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 15. Architectural elements of commercial buildings shall be incorporated into the back of the buildings when the back of the building is visually accessible to U.S. Highway 93. Walls and surface planes should be broken up in such a manner as to create a visual interest, avoiding monotony. All roof mounted equipment, i.e. IIVAC, should be shielded from all views. 16. The predominate tone on commercial buildings should lend toward warm earthy hues, whether in the natural patina or weathered color of the wall surface itself or the color of the paint stain or other coating. The color of concrete products on building frontages should not be achieved from painting the surface. The use of materials such as wood, brick or stone for trim material is encouraged. 17. Prior to obtaining a building permit for the assisted and independent living facility, the developer shall submit an amendment to the Eagle Valley Ranch PUD showing the location, size, elevations, landscaping and parking associated with the assisted and independent living facility. 18. Prior to subdivision of the project site a connection with Jefferson Boulevard to the south shall be made. 19. The developer shall provide the City of Kalispell with a 2-acre tract of land suitable for a water tank location within the development in accordance with the City of Kalispell water facility plan update. 20. Development of the multi -family site shall include parking areas adjacent the 50-foot buffer area in order to further buffer the armory and mitigate any future land use conflicts. 21. A homeowner's association (l IOA) shall be formed and established for the development prior to final plat of the first phase. 22. The alleyways within the development shall be designated as "private" at time of final plat. 23. Subdivision and building signage for the development shall comply with Chapter 27.22 of the Kalispell Zoning Ordinance. 24. Prior to the time that Eagle Valley Ranch reaches phases 7-10 at the north end of the PUD, the developer may submit a PUD amendment proposing a cottage neighborhood design that provides a more creative neighborhood setting that will better blend in with the surrounding area. This plan could include but not be limited to more internal open space and pedestrian linkages with possible smaller lot footprints; the density may be equal to or greater than the proposed density of phases 7-10 on the PUD plan dated June 6, 2018; but shall be within the densities described in the Kalispell Growth Policy suburban residential land use category. 25. Prior to Preliminary Plat, if the Ponderosa Homeowners Association provides an access point that would connect Eagle Valley Ranch with Ponderosa Lane, the developer shall reciprocate and provide an access point connecting the two developments together. SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in frill force and effect. SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF OCTOBER, 2018. Mark Johnson Mayor Aimee Brunckhorst, CMC City Clerk KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING August 14, 2018 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were: Chad Graham, George Giavasis, Doug Kauffman, Rory Young, Kurt Vomfell, Ronalee Skees and Joshua Borgardt. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Giavasis seconded a motion to approve the minutes of the July 10, 2018 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. BOARD MEMBER SEATED Young recused himself, he is helping represent the applicant of Eagle Valley Ranch. EAGLE VALLEY RANCH Spartan Holdings, LLC is requesting a Planned Unit Development (PUD) to be GROWTH POLICY & PLANNE.D known as Eagle Valley Ranch PUD. Eagle Valley Ranch encompasses KNIT DEVELOPMEN I approximately 99-acres and creates a new vision for the project site, which is currently known as the Valley Ranch PUD. The Valley Ranch PUD was approved in 2008 and has since lapsed due to inactivity. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Reports #KGPA-18-02 & KPUD-18-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-18-02 and recommend that the Kalispell Growth Policy Future Land Use Map be amended from Suburban Residential to Urban Mixed Use on 41-acres. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPUD-18-04 as findings of fact and recommend to the Kalispell City Council that a PUD for Eagle Valley Ranch be approved subject to the conditions listed in the staff report. I BOARD DISCUSSION Graham, Borgardt and Giavasis inquired about the buffer between the armory and the Eagle Valley Ranch Subdivision, when MDT might allow the signal light at Rose Crossing to be installed and the general idea behind the cottage style homes. PUBLIC HEARING Bruce Lutz — WGM Group — representative for the applicant — offered to answer any questions the board may have and briefly discussed the 14-phase project. Bill Stark — 318 Ponderosa Lane — concerned with the increased traffic the development will bring. Ken Fry — 124 Ponderosa Lane — happy to the project coming in, concerned with increased traffic and water drainage. Shannon Demeester — 415 Chestnut Dr — read her public comment letter she sent in to the planning department; her main concern is the increased traffic. Susan Stark — 319 Ponderosa Lane — does not want the zone change, concerned Kalispell City Planning Board Minutes of the meeting of August 14, 2018 Page I 1 with increased traffic and feels a school should be in place before a housing development. MOTION Kauffman moved and Borg ardt seconded a motion that the Kalispell City GROWTH POLICYAMENDMENT Planning Board and Zoning Commission adopt Staff Report #KGPA-18-02 as (KGPA-18-02) findings of fact and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Suburban Residential to Urban Mixed Use on 41-acres. BOARD DISCUSSION Nygren addressed the public comment with the board and clarified some of the concerns the public had. Graham inquired about the traffic study and asked Nygren to clarify that an engineer will complete the traffic study. Giavasis noted that he likes that there are more open spaces with the cottages rather than the townhomes. Vomfell likes to see that the city is open to mixed housing. ROLL CALL The motion passed unanimously on a roll call vote. MOTION (ORIGINAL) Giavasis moved and Kauffman seconded a motion that the Kalispell City PLANNED UNIT DEVELOPMENT Planning Board and Zoning Commission adopt Staff Report #KPUD-18-04 as KPUD-18-04 findings of fact and recommend to the Kalispell City Council that a PUD for Eagle Valley Ranch be approved subject to the conditions listed in the staff report. BOARD DISCUSSION ROLL CALL The motion passed unanimously on a roll call vote. MOTION (ADD CONDITION #24) Vomfell moved and Graham seconded a motion to add condition 424 stating PLANNED UNIT DEVELORIVIENT that prior to the time that Eagle Valley Ranch reaches phases 7-10 at the north end KPUD-18-04 of the PUD, the developer may submit a PUD amendment proposing future cottages or a blanket style development layout that provides a more creative neighborhood setting that will better blend in with the surrounding area. This plan shall include but not be limited to more external internal open space and pedestrian linkages with possible smaller lot footprints; the minimum density will be equal to or greater than the proposed density of phases 7-10 on the PUD plan dated June 6, 2018, which shall be within the densities described in the Kalispell Growth Policy suburban residential land use category. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION (AMEND CONDITION #19) Kauffman moved and Graham seconded a motion to amend condition #19 to PLANNED UNIT DEVELOPMENT require that the developer provide the City of Kalispell with a 2-acre land site KPUD-18-04 suitable for a water tank location. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION (ADD CONDITION #25) Skees moved and Giavasis seconded a motion to add condition #25 stating that PLANNED UNIT DEVELOPMENT prior to preliminary plat if the Ponderosa Homeowners Association provides an KPUD-18-04 access point that the developer shall reciprocate and provide an access point connecting the two together. BOARD DISCUSSION None.. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of August 14, 2018 Page12 ROLL CALL ON THE ORIGINAL The original motion passed unanimously, as amended, on roll call vote. MOTION (PLANNED UNIT DEVELOPMENT) BOARD MEMBER RE -SEATED Young re -seated. STILLWATER COMMONS Kalispell Housing Group, LLC is requesting a zoning map/PUD zoning overlay ZONE CHANGE amendment on 16.9-acres of land from R-4/PUD to RA-I/PUD within the KZC-18-04 Silverbrook PUD. The requested zone change encompasses Phase 2B to accommodate a shift in development emphasis from townhomes to condominium and apartment residential uses. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report KZC-18-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-18-02 and recommend to the Kalispell City Council that the Silverbrook PUD amendment be approved subject to the conditions listed in the staff report. BOARD DISCUSSION' Graham asked for confirmation that the lots to the south are larger than a normal city lot and that the lots to the north will be smaller. Jentz responded and confirmed. PUBLIC HEARING Bruce Lutz -- WGM Group - representative for applicant - offered to answer any questions for the board. Jeff Swenson - 6002 St Moritz Dr., Whitefish - applicant - reviewed the project for the board and gave brief overview of meetings with the HOA. Chris Dunshee - 175 Sage Grouse Way - opposes project - concerned with increased traffic and does not like the idea of apartments. Rilo Weisner - 139 Lazy Creek Way - opposes project - feels the development is not keeping to the vision originally sold to homebuyers. Melissa Harbin - 143 Sage Grouse Way - opposes project - new resident, was not told about apartments coming into the complex, not happy about it. Concerned with increased traffic. Glenda Quick - 135 Sage Grouse Way - opposes project - concerned with entering/exiting Hwy 93 from the development. Chelsea Dunshee - 175 Sage Grouse Way - opposes project - feels the Iapartments should not be a part of the development. Larry Sartain - 1082 Silvertip Dr., Bigfork - approves of the project - has been involved with Silverbrook since its inception and wants to see the project thrive. John Wade - 143 W Monture Ridge - opposes project - feels it will decrease his home value. Howard Mann - 134 E Swift Creek - original developer of Silverbrook Estates, pointed out that this phase 2 project was always a tentative plan, subject to change. Times have changed and housing needs have changed since Silverbrooks inception 12 years ago. MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Kalispell City Planning Board Minutes of the meeting of August 14, 2018 Page 13 Board and Zoning Commission adopt Staff Report #KZC-18-04 as findings of fact and recommend to the Kalispell City Council that the Silverbrook PUD amendment be approved subject to the conditions in the staff report. BOARD DISCUSSION Young asked for clarification on the surrounding zoning and pointed out that this zone change request fits in with the surrounding zoning. Nygren confirmed. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board in regards to the Montana Base Camp RV Park and its progress with City Council. NEW BUSINESS Nygren advised DT Urban Renewal Plan is the only item on September agenda ADJOURNMENT The meeting was adjourned at approximately 8:33pm. NEXT MEETL tG The next meeting of the Kalispell Planning Board will be held on Tuesday, September 11, 2018 at 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1" Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of August 14, 2018 Page14 EAGLE VALLEY RANCH PUD REQUEST FOR A PLANNED UNIT DEVELOPMENT STAFF REPORT #KPUD-18-04 REQUEST FOR GROWTH POLICY AMENDMENT STAFF REPORT #KGPA-18-02 AS AMENDED BY THE KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION August 14, 2018 This is a report for the Kalispell City Planning Board and the Kalispell City Council regarding a request from Spartan Holdings, LLC. Spartan Holdings, LLC is requesting a Planned Unit Development (PUD) on approximately 100-acres and Growth Policy Amendment on approximately 41-acres of land. A public hearing has been scheduled before the planning board for August 14, 2018, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. A. Petitioner and Owners: Spartan Holdings, LLC 341 West Second Street, Ste. 1 San Bernardino, CA 92401 Technical Assistance: WGM Group, Inc. 151 Business Center Loop, Ste. A Kalispell, MT 59901 B. Background Information: Spartan Holdings, LLC is requesting a Residential Mixed Use Planned Unit Development (PUD) to be knows as Eagle Valley Ranch PUD. Eagle Valley Ranch encompasses approximately 100-acres and creates a new vision for the project site, which is currently known as the Valley Ranch PUD. The Valley Ranch PUD was approved in 2008 and has since lapsed due to inactivity. The original 80-acre Valley Ranch PUD acreage has been increased by approximately 20-acres with the addition of another parcel north of the Kalispell Armory. The proposed development calls for 225 residential lots, 12 mixed -use office/residential lots and an apartment complex site. The north and east perimeter of the development adjacent Ponderosa development is proposed for an approximately 14.7-acre open space/buffer area. There is an additional 3.7-acre, 100-foot open space/buffer area along Highway 93. This is a multi -application process and the applicant has submitted the following applications: o Growth Policy Map Amendment - The applicants have applied for an amendment to the Kalispell Growth Policy Future Land Use Map on 41-acres of the 100-acre project site from "Suburban Residential" to "Urban Mixed Use." The subject property is currently designated as 1 "Suburban Residential" on the entire 100-acres proposed to be developed. The amendment request is to change the 41-acres from "Suburban Residential" to "Urban Mixed Use" to accommodate the mixed use and apartment sites. o Planned Unit Development (PUD) Overlay Zone - The Residential Mixed Use PUD will function in concert with RA-2 and R-3 Zones to provide a comprehensive, integrated development plan providing flexibility of architectural design, density as well as the option to mix land uses on the entire 100-acres. In this case, the application calls for 225 residential lots, 12 mixed -use office/residential lots (including potential assisted living site) and apartment complex site. The PUD will be reviewed in accordance with Section 27.19.020(4) of the Kalispell Zoning Ordinance. C. Location and Legal Description of Property: The proposed development is generally situated along U.S. 93, south of the Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities, more particularly described in the attached Exhibit "A» D. Existing Zoning: The property is within the city limits and is zoned R-2 / PUD and R-2. The PUD functions as an overlay for the property, as it was originally approved as the Valley Ranch PUD on 80-acres. The 20-acre portion not originally part of the Valley Ranch PUD is within city limits and zoned R-2. The Valley Ranch PUD outlined a mix of land uses, densities, parkland/trails, open space, roads and architectural standards. The PUD functions in concert with the underlying zoning providing an integrated development plan for the entire property. In this case, the PUD allowed for 85 residential lots, 33 townhouse lots, assisited living facility and apartment/condominium lots capable of accommodating 160 units on the subject property. E. Proposed Zoning: The proposed zoning on the property is R-3/PUD (Residential) on 59-acres located on the northern portion of the 100-acre project site. Chapter 27.06 of the Kalispell Zoning Ordinance states that the R- 3 Zoning District is "intended to provide lot areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e. schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." The RA-2/PUD (Residential Apartment/ Office) on the remaining 41-acres located on the southern portion of the 100-acre project site. The RA-2 Zoning District provides areas for residential development including multi -family housing and compatible non-residential uses of high land use intensity. This 2 district would typically serve as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the Central Business District. The zoning would typically be found in areas designated as Urban Mixed Use, High Density Residential and Commercial on the Kalispell Growth Policy Future Land Use Map. The Residential Mixed Use PUD will function in concert with RA-2 and R-3 Zones to provide a comprehensive, integrated development plan providing flexibility of architectural design, density as well as the option to mix land uses on the entire 100-acres. In this case, the application calls for 225 residential lots, 12 mixed -use office/residential (including assisted living) lots and apartment complex site. F. Existing Land Use: The 100-acre project site is currently undeveloped. The land is level for the most part with a small hill along the western boundary of the site adjacent to U.S. 93. Portions of the eastern boundary of the project site are at the base of another small hill, the majority of which makes up the area developed with the Ponderosa Subdivision, a single-family residential subdivision located in the county. G. Adjacent Land Uses: North: Single-family homes within Ponderosa and commercial business East: Single-family homes within Ponderosa and large county tract land with single-family homes South: National Guard Armory and undeveloped land West: U.S. 93, Commercial businesses and National Guard Armory H. Adjacent Zoning: North: County B-1 and County R-1 zoning East: County R-1 and County R-2.5 South: City R-3/ PUD and City P-1 West: County SAG-10 zoning and City R-2 I. General Land Use Character: This site is in a mixed use area generally characterized as agricultural lands mixed with single-family to the east and north of the site. Immediately south of the site is a large agricultural tract of land within the city limits. Although the land is currently in agricultural production Kalispell North Town Center has started construction, which includes commercial development totaling 1.8 million square feet as well as 632 residences. To the west, along U.S. 93, are existing commercial businesses and a church. Across U.S. 93, on its west side, is a private golf course. The subject 3 property has been in agricultural production for the last several decades. The site is for the most part level with slopes along the western and eastern boundaries. Pine trees with an understory of grasses are located in the sloped portions of the site. J. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: Private contractor Electricity: Flathead Electric Cooperative Gas: Northwestern Energy Telephone: CenturyTel Schools: School District #5 Fire: City of Kalispell Police: City of Kalispell I. EVALUATION OF THE GROWTH POLICY AMENDMENT The evaluation and review of growth policy amendments follows the public interest criteria. The Growth Policy Plan -It 2035 is used to provide a general and comprehensive outline of community goals and expectations about where and how the subject property should develop. The following criteria for evaluation are as follows: • Changes in circumstances that warrant the amendment; • Growth Management; • Land Use: Housing/Business and Industry; • Natural Environment; • Community and Recreation Facilities; and • Public infrastructure and services. The Growth Policy Future Land Use Map depicts the subject property as Suburban Residential, which supports the R-2 Zone given to the property at time of annexation. The developer is requesting a growth policy amendment for approximately 41-acres to be changed from Suburban Residential to Urban Mixed Use. Suburban Residential is defined as residential neighborhoods developed at densities not to exceed 4 dwellings per acre on an overall site basis. An integrated development plan within a suburban neighborhood could include single family down to 5,000 square feet, reduced setbacks when accompanied with generous open space and townhouse development. Urban Mixed Use typically embraces the following concepts as provided in the Kalispell Growth Policy. F a. Encourages the development of compact, centrally located service and employment areas that provide easy connections between existing commercial and residential neighborhoods. b. A complete system of pedestrian and bike paths is important in mixed -use areas. C. Expand the depth of urban highway commercial areas as mixed -use corridors, in order to provide an alternative to linear commercial development, concentrate more intensive uses along traffic arterials, improve business district circulation and transportation efficiency areas, by secondary street access, provide flexibility for larger development sites, and expand small business opportunities. d. Within these corridor areas, provide for higher -intensity, mixed -use areas roughly two blocks on both sides of urban highways. As distance from the highway increases, create a gradual transition into the residential neighborhoods by encouraging multi -family, offices and other compatible uses as a transition tool with sensitivity to compatible design. e. Avoid encroachment into established, intact residential areas. f. Allow a compatible mix of higher -intensity uses including office as well as some commercial and light industrial; medium and high -density residential and public facilities. Within the R-2 Zone/ Suburban Residential land use category, you would expect a mixture of single-family development at densities not to exceed four (4) dwelling units per acre, or a theoretical maximum of about 400 dwelling units. The properties within Kalispell North Town Center to the immediate south are located within the Urban Mixed Use land use category and the request would be an extension of that land use designation in order to allow for greater land use options. The Suburban Residential land use category functions as a buffer between the Urban Mixed Use land use designation of those properties to the south and the lower density suburban/rural residential development in the county to the north and east. The proposed amendment for Urban Mixed Use would accommodate an RA-2, Residential Apartment/ Office Zone, which accommodates the mixture of uses the developer is requesting with the associated PUD application. In summary, approximately 60% of the entire development site will remain under the Suburban Residential land use category and density, while the remaining 40% of the area to the south will transition into a more intensive Urban Mixed Use land use category, which would provide for multi -family and office space. The proposed plan amendment will be considered in the context of the current Kalispell Growth Policy Plan -It 2035, as well as current and future development trends for the area. 5 A. Has there been a change of circumstances under which the proposed plan amendment is being made that warrants its consideration? The Kalispell Growth Policy is a useful tool in providing guidance to the community, developers, decision makers and staff when anticipating growth trends and expansion of the city limits. However, although there has been recent upgrades in the text of the Kalispell Growth Policy, there has not been significant review of the Kalispell Growth Policy Future Land Use Map on the north end of town in over 12 years. In the last 12 years there have been a number of infrastructure improvements and development patterns in the area have changed in the following ways: 1. City water and sewer mains have been installed in the U.S. 93 adjacent to the site as part of the Silverbrook Development thus allowing this site immediate access to city water and sewer services. 2. The Kalispell North Town Center has broken ground immediately south of this site. This 480-acre site will accommodate, as its first phase, a 12-lot commercial development. 3. Rose Crossing has been extended from Whitefish Stage westerly to U.S. 93 immediately to the south property boundary of this site as part of the Kalispell North Town Center development. 4. A new signalized intersection will be constructed at Rose Crossing-U.S. 93 intersection as part of the Kalispell North Town Center development. This will allow the subject property to have a controlled access onto U.S. 93. 5. The west side sewer interceptor is currently under construction. This interceptor will be part of a multi -phased project that will greatly increase sewer capacity for projects (including this site) in north Kalispell. The changes occurring in this immediate neighborhood coupled with the changes and improvements to the transportation system which will allow convenient access to this site create a changed and improved environment for Urban Mixed Use. The infrastructure projects in the area were not in place when the growth policy and accompanying map were adopted. The neighboring Planned Unit Development to the south of the proposed amendment area, in tandem with the extension of the infrastructure projects in this neighborhood support the requested amendment. The intersection of Rose Crossing and U.S. 93 will develop into a major intersection that will accommodate the type of development. B. Does the proposed plan amendment further the overall goals and objectives of the growth policy when considering the specific elements of the plan? Growth Management: Two primary mechanisms for managing growth in the City of Kalispell exist which are to rely on redevelopment and infill within the current City limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. The changes to the Kalispell Growth Policy Future Land Use Map from Suburban Residential to Urban Mixed Use can be supported by the following goals and policies contained in the Kalispell Growth Policy Plan -it 2035: Chapter 3, Community Growth and Design, Goal 2 states, "to encourage housing types that provide housing for all income sectors and income levels within the community. " The proposed land use change to Urban Mixed Use allows for a greater diversity of housing options, including multi -family, detached single-family and attached single-family providng a broad spectrum of housing options. Chapter 3 - Community Growth and Design, Goal 4 states, "Commercial and residential development should be designed to take advantage of and enhance adjacent streets, parks, and natural features." The growth policy amendment to Urban Mixed Use has been submitted with an associated PUD application that includes a mix of office space, multi -family attached single-family and detached single-family. The development is designed urban/mixed use scale, while at the same time addressing neighboring county development compatibility through generous open space buffering. The development would be located along Rose Crossing, which is designated an arterial road. The Urban Mixed Use land being proposed is in close proximity to Glacier High School, where access is provided via the Kalispell Bypass and U.S. 93. Chapter 4 - Housing, Goal 1 of the Kalispell Growth Policy states, "Provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location." The requested land use change of Urban Mixed Use to the 41-acre project site provides a potential mix of housing types to meet the needs of present and future residents. The Urban Mixed Use land use designation would be an extension of existing Urban Mixed Use land use at the Kalispell North Town center. The development would function as an extension of Kalispell North Town center and will take advantage of the neighboring infrastructure including Rose Crossing, new school site, and water and sewer service. FA Land Use: The location of the requested growth policy amendment is currently used for agriculture. Future conversion of this area from rural agriculture and low -density residential land use to Urban Mixed Use is unavoidable with the changing landscape. General goals and polices of the growth policy encourage the orderly development in the growth policy area with space for future expansion while ensuring compatibility of adjacent land use. The requested growth policy amendment would change the existing Suburban Residential land use categories to allow for a combination of commercial and high/low density residential. This land use designation change is a reasonable request due to the PUD's located to the south and completion of infrastructure projects including; signalization of Rose Crossing, Rose Crossing improvements, water and sewer service lines and the west side interceptor. All of the infrastructure improvements have dramatically changed the landscape of the area. Business and Industry: Chapter 4 - Business and Industry Goal 1 states, "encourage the development and growth of prosperous commercial and industrial districts, each with a viable mix of business, suitable infrastructure, and coordinated development pattern that reduces business costs and increases business opportunities." The types of business locating within an Urban Mixed Use land use category would provide employment to the community. Also, any potential commercial business and residents of a high -density residential development would benefit from the new signal which will provide easy access into the city. Amending the growth policy land use designation on the site to Urban Mixed Use would allow compatible residential and commercial development at an area rapidly transitioning into a major urban intersection. Natural Environment: The natural environment is an important part of what makes a neighborhood or community an appealing place to live which may be jeopardized as growth occurs. Various key sectors of the area's economy depend on and impact the natural environment. Prime farmland in rural areas and wildlife habitat is being displaced by development. Future development should take these issues into mind and mitigate them accordingly. Chapter 5, The Natural Environment, contains the following goals and policies which support the requested map amendment. Goals: 4. Development should be compatible with important wildlife habitat corridors. After review of the Appendix A maps, it was determined that there are not any wildlife habitat or wildlife corridors near the development. E: Pnhcies- 5. Encourage growth only on agriculture lands entirely within the city's annexation boundary. The property has been grazed over the years and used from hay land in the past. A large portion of the site is designated as "prime farmland when irrigated". However, the property is within the city annexation boundary and the growth policy current designation anticipates residential development already. Conversion of the designation from Suburban Residential to Mixed Use will have no more serious impact on agricultural lands. Community and Recreational Facilities: A land use amendment to Urban Mixed Use would allow for the development to proceed as requested which includes 19.6-acres of open space area, or about 20% of the total land area. The open space areas include a 100-foot (3.7-acre) highway buffer along U.S. in accordance with the U.S. 93 North Area Plan and 14.7-acre open space are serving as a transition area between the proposed development and the Ponderosa Subdivision. Infrastructure and Public Services: Infrastructure and the provisions of public services is one of the highest priority issues for service providers in the growth policy area. Adequate provisions of services for new development in both the rural and urban areas are important considerations when considering planning for future land uses. Chapter 9, Public Infrastructure Services, contains the following goals and policies which support the requested map amendment. Sewer• Goals: "Make public sewer available to areas that are in close proximity to services as directed by the extension of services plan." Sewer service is located west of the property within the U.S. 93 corridor and also south within Kalispell North Town Center. As part of the development of the site the developer would extend services to the property and also the entire length of the property as the property develops. This will allow existing properties currently in the county and adjacent the highway future access to the sewer main. "Ensure the wastewater treatment plant and sewer collection system has adequate capacity to accommodate future development." The wastewater treatment plant has adequate capacity for this development. Policies: "New sewer mains should be designed and constructed to G7 accommodate future expansion of the sewer system." Any development of the site will include requirements that the property is developed in accordance with the City of Kalispell Construction Guidelines and extension of services plan. Prior to construction the development will be reviewed by Public Works determining compliance with those requirements. Water! Goals: "Consider future needs with the replacement or installation of mains." Development of the site will be in compliance with the city's extension of services plan. "Provide adequate pressure and flows to meet firefighting and user needs." Any development of the site will include requirements that the property is developed in accordance with the City of Kalispell Construction Guidelines and facilities plans, which accounts for pressure and fire flows to meet firefighting needs. Prior to construction the development will be reviewed by Public Works and Fire Department determining compliance with those requirements. Policies: "Water lines and utility easements should be extended to the farthest extent of new developments to facilitate orderly growth to adjacent lands in the future. " Development of the site will be in compliance with the city's extension of services plan. As designed the property has shown two public ROW extensions to the property to the east. Storm Water Management: Goals: "Ensure adequate storm water management facilities for all incorporated urban areas." Any development of the site will include requirements that the property is developed in accordance with the City of Kalispell Construction Guidelines, which accounts for storm water facilities. Prior to construction the development will be reviewed by Public Works determining compliance with those requirements. Policies: "The quantity and rate of runoff from a developed piece of property should not exceed that which would occur had the property remained undeveloped." Public Works regulations require that all the runoff from the development be 10 maintained on -site. Prior to construction the development will be reviewed by Public Works determining compliance with those requirements. Police Protection: Recommendations: "As the community grows, ensure that the law enforcement agencies have adequate staffing and resources." The Police Department has been notified of the development and do not have any level of service issues with the proposed development. Polices: "Adequately staff law enforcement agencies." As stated above, the police department has been notified of the proposed development and does not see any level of service issues. Therefore, the police department is adequately staffed to service the proposed development. Fire and Ambulance Services: Goals: "Adequately staff and operate fire companies to be able to handle demand and provide effective fire and EMS response and mitigation." The Fire Department has been notified of the development and do not have any level of service issues with the proposed development. Policies: "All new construction, occupancy remodeling and/or change of documented occupancy use shall be required to comply with adopted fire, electrical and building codes." All construction for development will be required to comply with the Uniform Fire Code and International Fire Code. II. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: Spartan Holdings, LLC is requesting a Residential Mixed Use PUD on approximately 100-acres. The Residential Mixed Use PUD will function in concert with the R-3 and RA-2 Zones. In this case, the application calls for 225 residential lots, 12 mixed -use office/residential lots (with potential assisted living facility) and apartment complex site, streets and open space/parkland. The north and east perimeter of the development adjacent Ponderosa Subdivision is proposed for an extensive 14.75-acre open space/buffer area. There is 3.7-acres of open space/buffer area adjacent the highway that functions as a 100-foot wide buffer between the development and the highway and a 50-foot wide buffer proposed between the development and the Armory to the south. Single-family and two- family lots on the north and east quadrants area alley -loaded with the exception of lots located along the perimeters, which will be street -loaded. The mixed -use 11 areas are intended to accommodate professional offices and a possible assisted living facility as a transition into the single-family lots. The assisted living facility is proposed central to the site on a five -acre parcel. The assisted living units should be considered a standalone use outside of the typical impacts associated with other residential uses on the project site. The proposed use will provide homes for people who generally do not have children and many of whom are single. Traffic impacts are generally much lower as residents don't drive. Other impacts which can be associated with such facilities are limited. Therefore, the planning departments position is the overall density of the project should be considered at 3.6 dwelling units per acre, in line with the Suburban Residential land use category. However, details on the assisted and independent living facilities are preliminary at this point and there are no details of the number of units that would be proposed. Although the assisted living facility is compatible as a land use, due to the lack of detail regarding the number of units, size, parking, etc., staff recommends that a detailed plan of these facilities come back for council review prior to issuance of a building permit as an amendment to the PUD. There is also a 13.8-acre site that is proposed as a 276-unit apartment site adjacent the office space area and further acts as a transition into the single- family portion of the PUD. The overall intent of the PUD request is to provide efficient and affordable single-family and two-family lots along the interface of an existing single-family residential development (Ponderosa Subdivision) along with apartment, mixed use office and residential opportunities as a transition land use between Kalispell North Town Center and proposed areas of single-family development. The application states that the goal is to provide a diverse neighborhood close to existing services and commercial resources within the northern limits of the Kalispell Community. Section 27.19.030(4), Residential Mixed Use PUD, has the following standards applicable to this application: A. The minimum size is 5 acres of developable area. The project site is 100-acres. B. A residential mixed use PUD may be established in areas zoned R-1 through R-5, RA-1, RA-2, B-1, P-1 and H-1. The requested zones are R-3 and RA-2. C. The predominant land use character of the PUD must be residential; commercial uses should primarily be sized and located to address the needs of the immediate neighborhood. The majority of the property is either residential, city streets or open space. The commercial component of the development only encompasses 18%. 12 D. The residential uses and densities appropriate to a mixed use PUD are the same as those permitted in a residential PUD. Section 27.19.030(2)(4) states that the R-3 PUD can be developed at a maximum density of 4 dwelling units per developable acre. The property is being developed at 3.7 dwelling units per acre. E. Commercial uses appropriate to a mixed use PUD are the same as those permitted in a commercial PUD. The commercial component to the development is restricted to those uses allowed in the RA-2 Zone, which includes office -professional /governmental. F. Incompatible industrial and commercial uses are not permitted. The RA-2 Zone is a residential zone only allowing for commercial office space, which is compatible with residential development. G. The combined area of all commercial/industrial lots cannot exceed 35% of the developable area. The office lots located within the RA-2 Zone encompasses 18 % of the developable area. The PUD density in the request is varied as there are two different growth policy land uses and zoning being requested. The PUD allowable densities include up to four dwelling units per acre within the R-3 Zone and up to 20 dwelling units per acre in the RA-2 Zone. The request is within the allowable densities as the R-3 Zone is designed at 3.7 dwelling units per acre and the residential portions within the RA-2 Zone are proposed at 10 dwelling units per acre. The intent of the PUD request is to secure the zoning and requested deviations included in the PUD to allow a future subdivision on the 100-acre site. The subdivision will comply with the plan shown on the Eagle Valley Ranch Planned Unit Development. In order to allow the design of the future subdivision shown as part of the application, the proposed PUD seeks two deviations or relaxations from the Kalispell Zoning Ordinance. The two relaxations are as follows: 1. Kalispell Zoning Ordinance, Section 27.06.040 (1) (Minimum lot size in the R-3 Zoning District) to allow single-family residential lots below the minimum lot size. Currently, the minimum lot size is 6,000 square feet and the request would allow single-family lot size of 5,000 square feet. 2. Kalispell Zoning Ordinance, Section 27.06.020 (Permitted uses within the R-3 Zoning District) for permitting townhouse units within the R-3 zoning 13 district. Townhouse development within the R-3 Zone requires a conditional use permit. This deviation would allow for construction of townhomes within the development as a "permitted use." The result of this request would mean that ultimate approval of all the townhomes would not require public review, i.e. - Planning Board and Council approval. III. EVALUATION BASED ON STATUTORY CRITERIA FOR THE PROPOSED PUD OVERLAY This report evaluates the appropriate assignment of a city zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The property owner has requested zoning classifications of R-3 and RA-2 with a Residential Mixed Use PUD overlay. The statutory basis for reviewing a change in zoning is set forth by 76-2-303, Montana Code Annotated (M.C.A.). Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. 1. Does the requested zone comply with the growth policy? Chapter 27.06 of the Kalispell Zoning Ordinance states that the R-3 Zoning District would typically be found in areas designated as Suburban Residential on the Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential on a majority of the property. The Kalispell Growth Policy Plan -IT 2035 states that the Suburban Residential land use category would be develop at densities not to exceed four (4) dwelling units per acre. The portion of the PUD area that is proposed to remain under Suburban Residential designation includes single-family and two-family lots. If the two- family lots are developed as two attached townhomes, the area will yield a density of 3.7 dwelling units per acre, within the maximum Suburban Residential density allowable. Currently, the proposed zoning of RA-2 does not comply with the Kalispell Growth Policy Future Land Use Map, which designates the subject property as Suburban Residential. As outlined above, the applicants have requested that the Growth Policy Future Land Use Map be changed to Urban Mixed Use on the property on 41-acres. The RA-2 Zoning District is an appropriate zone for the Urban Mixed Use land use category and would be in compliance if the Growth Policy Map is concurrently amended. The zoning of RA-2 on the southern 41-acres is being proposed to create a transitional development opportunity between the current Urban Mixed Use designated to the south within Kalispell North Town Center and the currently designated Suburban Residential 59-area to the north which is adjacent existing single-family residences in the County. The following policies within Chapter 4 - Business and Industry (Urban Mixed -Use areas), of the Kalispell Growth Policy support the request to zone 14 the southern portion of the subject property to RA-2 upon annexation: Expand the depth of the urban highway commercial areas as mixed -use corridors, in order to provide an alternative to continued linear commercial development, concentrate more intensive uses along traffic arterials, improve business district circulation and transportation efficiency areas, by secondary street access, provide flexibility for larger development sites, and expand small business opportunities. Within these corridor areas, provide for higher -intensity, mixed -use areas roughly two blocks on both sides of urban highways. As distance from the highway increases, create a gradual transition into the residential neighborhoods by encouraging multi family, office and other compatible uses as a transition tool with sensitivity to compatible design. Support for a cohesive design for lots zoned commercial and residential along the highway is included in the following chapters of the growth policy: Highway 93 North Growth Policy Amendment, Goal 1, gateway entrances to Kalispell that enhance the community through improved design. The development protects the entrance corridor by providing for a 100-foot wide landscaped buffer along the highway. Additionally, commercial space is limited to office space only and accesses in and out of the development will be % movement only. The only access south onto U.S. 93 out of the development will be via Rose Crossing to the south. In conclusion, the proposed R-3 and RA-2 Zoning Districts with a PUD overlay are compatible with the Suburban Residential and Urban Mixed Use land use categories and U.S. 93 North Area Plan. The requested zoning districts are also consistent with the above stated goals and policies of the Kalispell Growth Policy. 2. Is the requested zone designed to lessen congestion in the streets? The developer hired WGM Group to conduct a traffic impact study for the proposed project. The traffic impact study analyzed the full buildout of the proposed development in conjunction with the full buildout of Phase 1 of Kalispell North Town Center, including the traffic generated from a new school that is proposed onsite. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the proposed site access points and 4 nearby study intersections. The following intersections were analyzed in the study: 1. U.S. 93 and Flathead Boulevard 2. U.S. 93 and Eagle Valley Drive 15 3. U.S. 93 and Rose Crossing 4. Rose Crossing and Flathead Boulevard Capacity analysis was presented both with and without the traffic generated by the proposed subdivision to determine what impact the proposal will have on traffic operations. The analysis concluded that the road network will continue to operate with good level of service and the study did not identify any unusual safety issues, provided the lighted intersection is installed at Rose Crossing. Other than the new light, the study concluded that no changes to the roadway network are required as a result of the proposed development. 3. Will the requested zone secure safety from fire, panic, and other dangers? At the time this property is developed, the property owners will be required to insure that there is adequate infrastructure in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the city. All municipal services including police and fire protection, water and sewer service is available to the property. The site is within the immediate service area of the new north Kalispell fire station. 4. Will the requested zone promote the health and general welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing and employment opportunities in the community. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? As previously noted, this area has been anticipated for suburban residential development. The anticipated densities of the proposed zoning district can be found to be consistent with the land use designation for the site. All public services and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. 7. Will the requested zone avoid undue concentration of people? 16 An increase in the number and concentration of people in the area will result with the approval of the requested PUD. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of utilities would provide the infrastructure needed to insure that there will not be an overcrowding of the land or undue concentration of people. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is further developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Municipal water and sewer have been extended along U.S. 93 past the site to the Silverbrook Estates subdivision, located at the intersection of Church Drive and U.S. 93. The water and sewer lines have been sized to accommodate this development. The developer would need to extend the needed city services that are not currently extended to the property at the developers' expense and in accordance with the city's policies and standards. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with city policies and standards at the developers' expense prior to subdivision approval thereby insuring that there is adequate provision of services at the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the city. All public services and facilities are currently available or can be provided to the property. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The 100-acre site is fairly level throughout with a small hill on the western boundary of the site and some moderate slopes along the eastern boundary of the site. The proposed PUD zoning would encompass the entire project site. Based on the proposed uses and densities of the PUD, the requested zoning does give consideration to the particular suitability of the property for the anticipated uses. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is a mix of agricultural, commercial and rural residential development. The proposed zoning allows this development to address needs within the community for a variety of housing types in reasonable proximity to the city core and future commercial and residential 17 development. Availability of public water and sewer to the area indicate that this type of development will continue to occur on the urban fringes of the community. The proposed PUD zoning and PUD master plan of the property gives reasonable consideration to the character of the district. 11. Will the proposed zone conserve the value of buildings? The development anticipated under the proposed zoning is more intensive than the land uses currently surrounding the project site. City standards will insure that there is high quality development. This in turn will maintain the value of buildings and homes in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban -scale residential development should be encouraged in areas where services and facilities are available. In this case, water and sewer lines and roadways can be easily extended to serve the property. The proposed zoning is consistent with the Growth Policy Plan -It 2035 and associated Kalispell Growth Policy Future Land Use Map. IV. Criteria for the Creation of a Planned Unit Development (PUD) District The intent of the PUD district is to serve as an overlay zoning district. The Kalispell Zoning Ordinance describes the intent of a PUD district as follows: "The district shall function in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve to modify the underlying zone and, where appropriate, subdivision standards with the intent of providing flexibility of architectural design and density as well as providing the option to mix land uses and densities while preserving and enhancing the integrity and environmental values of an area." Sections 27.19.020(4) of the zoning regulations provide that the Kalispell City Planning Board and Kalispell City Council shall review the PUD application based on the following criteria: Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations provide that the planning board shall review the PUD application and plan based on the following criteria: A. The compliance of the proposed PUD with the city growth policy and in particular density and use policies of the plan: As mentioned previously, Chapter 27.06 of the Kalispell Zoning Ordinance states that the R-3 Zoning District would typically be found in areas designated as Suburban Residential on the Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Future Land Use Map designates the subject property as WE Suburban Residential on a majority of the property. The Kalispell Growth Policy Plan -IT 2035 states that the Suburban Residential land use category would be develop at densities not to exceed four (4) dwelling units per acre. The portion of the PUD area that is proposed to remain under Suburban Residential designation includes single-family and two-family lots. If the two-family lots are developed as two attached townhomes, the area will yield a density of 3.7 dwelling units per acre, within the maximum Suburban Residential density allowable. Currently, the proposed zoning of RA-2 does not comply with the Kalispell Growth Policy Future Land Use Map, which designates the subject property as Suburban Residential. The applicants have requested that the Growth Policy Future Land Use Map be changed to Urban Mixed Use on the property on 41-acres. The RA-2 Zoning District is an appropriate zone for the Urban Mixed Use land use category and would be in compliance if the Growth Policy Map is concurrently amended. The zoning of RA-2 on the southern 41-acres is being proposed to create a transitional development opportunity between the current Urban Mixed Use designated to the south within Kalispell North Town Center and the currently designated Suburban Residential 59-area to the north which is adjacent existing single-family residences in the County. The following policies within Chapter 4 - Business and Industry (Urban Mixed -Use areas), of the Kalispell Growth Policy support the request to zone the southern portion of the subject property to RA-2 upon annexation: Expand the depth of the urban highway commercial areas as mixed -use corridors, in order to provide an alternative to continued linear commercial development, concentrate more intensive uses along traffic arterials, improve business district circulation and transportation efficiency areas, by secondary street access, provide flexibility for larger development sites, and expand small business opportunities. Within these corridor areas, provide for higher -intensity, mixed -use areas roughly two blocks on both sides of urban highways. As distance from the highway increases, create a gradual transition into the residential neighborhoods by encouraging multi family, office and other compatible uses as a transition tool with sensitivity to compatible design. Supporting of a cohesive design for lots zoned commercial and residential along the highway is included in the following chapters of the growth policy: Highway 93 North Growth Policy Amendment Goal 1 states, gateway entrances to Kalispell that enhance the community through improved design. The development protects the entrance corridor by providing for a 100-foot wide landscaped buffer along the highway. Additionally, commercial space is limited to office space only and accesses in and out of the development will be % movement only. The only access south onto U.S. 93 out of the development will be via Rose Crossing to the south. 19 In conclusion, the proposed R-3 and RA-2 Zoning Districts with a PUD overlay are compatible with the Suburban Residential and Urban Mixed Use land use categories and U.S. 93 North Area Plan. The requested zoning districts are also consistent with the above stated goals and policies of the Kalispell Growth Policy Plan -It 2035. B. The extent to which the PUD departs from the underlying zoning and the reasons why such departures are or are not deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; As stated above the owners are requesting two relaxations in the zoning ordinance. Below are the two relaxations requested. 1. Kalispell Zoning Ordinance, Section 27.06.040 (1) (Minimum lot size in the R-3 Zoning District) to allow single-family residential lots below the minimum lot size. Currently, the minimum lot size is 6,000 square feet and the request would allow single-family lot size of 5,000 square feet. The proposed reduction in lot sizes would allow the overall density of the subdivision to be strategically shifted. The PUD would create smaller lots; however, the developers have offset the smaller lots by creating large open space and park areas totaling approximately 20% of the site to mitigate the more dense development aspects of the project. 2. Kalispell Zoning Ordinance, Section 27.06.020 (Permitted uses within the R-3 Zoning District) for permitting townhouse units within the R-3 zoning district. Townhouse development within the R-3 Zone requires a conditional use permit. This deviation would allow for construction of townhomes within the development as a "permitted use." The result of this request would mean that ultimate approval of all the townhomes would not require public review, i.e. - Planning Board and Council approval. Summary of review criteria # 1: Are the deviations in the vublic interest: The proposed PUD is deemed to be in the public interest because it provides housing options in an area of the city for which the type of density proposed has been anticipated. The design serves to shift density and in doing so this achieves significant open space and an improved overall design. The PUD provides more than the minimum amount of parks and open space with improvements to said parkland. C. The extent to which the PUD departs from the subdivision regulations (if subdivision is anticipated) and the public works standards for design and construction applicable to the subject property, the reasons why such departures are deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; 20 The project does not have any deviations from the subdivision regulations. D. The overall internal integrity of the PUD including the appropriate use of internal design elements, the use of buffers between different land uses, the use of transitions between uses of greater and lesser intensity, the use of enhanced design features to provide connectedness for both vehicle and pedestrian traffic throughout the PUD and the use of innovative and traditional design to foster more livable neighborhoods; The properties within Kalispell North Town Center to the immediate south are located within the Urban Mixed Use land use category and the request would be an extension of that land use designation in order to allow for greater land use options. The north and east perimeter of the development adjacent Ponderosa Subdivision is proposed for an extensive 14.75-acre open space/buffer area. There is 3.7-acres of open space/buffer area adjacent the highway that functions as a 100-foot wide buffer between the development and the highway and a 50-foot wide buffer proposed between the development and the Armory to the south. Single-family and two-family lots on the north and east quadrants area alley - loaded with the exception of lots located along the perimeters, which will be street -loaded. The mixed -use areas are intended to accommodate professional offices and a possible assisted living facility as a transition into the single-family lots. This layout is the preferred for of development versus the strip commercial development that has been common place in the past. There is also a 13.8-acre site that is proposed as an 276-unit apartment site adjacent the office space area and further acts as a transition into the single-family portion of the PUD. The overall intent of the PUD request is to provide efficient and affordable single- family and two-family lots along the interface of an existing single-family residential development (Ponderosa Subdivision) along with apartment, mixed -use office and residential opportunities as a transition land use between Kalispell North Town Center and proposed areas of single-family development. E. The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The PUD plan calls out approximately 20-acres of open space and parkland throughout the 100-acre site. The 20-acres are in the form of parkland, perimeter buffers and accent areas at project gateways. The proposed 20-acres of open space and parkland are adequate to provide for the active and passive recreational uses within the residential PUD. The PUD request would allow for 225 residential lots and 276 multi -family dwelling units. Section 27.19.030(2(6)(a) of the Kalispell Zoning Regulations requires the developer to dedicate land equal to 0.03 acres per dwelling unit. This equates to a land dedication equal to 15.03 21 acres based on the number of units proposed. The proposed 20-acres exceeds the minimum land dedication for parks under the PUD and subdivision regulations and can be considered appropriate for the amount of dwelling units proposed. Although there is a large amount of open space being shown, much of it is needed to adequately buffer the development from neighboring land uses and serves as simply open space recreation area. Ultimately, in addition to the large open space areas being provided, there will need to be improved parkland plan submitted to the Parks and Recreation Director prior to final plat of the first phase. The plan should show how the parkland will improved with irrigation, landscaping, pedestrian paths, play equipment and other amenities and not simply left as passive open space. As currently proposed, the future homeowners association would be set up to maintain the open space and other park areas within the future subdivisions on the project site. These areas include all open space areas shown on the PUD plan. It is therefore imperative that these areas be well maintained for the visual aspect of the Eagle Valley Ranch project from adjacent properties and the highway, the safety of the pedestrian paths and the on -going functionality of the storm water facilities. Therefore, recommends that a waiver of park maintenance district condition is placed on the development in the event the HOA fails to maintain its properties. F. The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; Water and Sewer The extension of water and sewer to the site will be required to serve the development. The application states that an 8-inch water main will be installed as part of the internal water distribution system. The 8-inch water main will connect to an existing 14-inch transmission pipeline within the U.S. 93 right-of- way. The water system can also be connected into the water services currently being constructed within Kalispell North Town Center. The city's water facility plan update acknowledges the need for an additional water tank on the north end of town in order to maintain water pressure for new development. The facility plan shows that the water tank should be in the general proximity of the project site. Since the development includes dense development, including apartment uses which require high fire flow, it is recommended that a location on the property be dedicated to the city in order to construct a water tank. The tank itself and associated infrastructure would be constructed at the cost of the city. Early conversations have taken place and the developer is acceptable to this condition. Sewage collection will be provided by an 8-inch diameter or larger gravity sewer 22 collection main that will drain to an existing 18-inch sewer main located on the east side of the U.S. 93 right-of-way. The sewer system can also be connected into the water services currently being constructed within Kalispell North Town Center. Additionally, the West Side Interceptor is being constructed this coming year. The West Side Sewer Interceptor is a large sewer main 24"-30" in size that is being constructed in order to provide for new growth in the city. Final design and engineering plans will be reviewed in accordance with the city's policies and standards at the time of future phases, including city facilities plans. The developer is responsible for extending the needed city services in accordance with the city's policies and standards at their expense. Storm Water Roadways will be paved and curb and gutter will channel runoff to designed low points, where storm water will be collected in catch basins. Rather than convey storm water to s single point, storm water will be decentralized in a number of treatment and disposal sites. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Construction and Design Guidelines. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. Additionally, prior to receiving a building permit the developer will need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. The City of Kalispell requires developments to complete a minimum of two-thirds of the necessary public infrastructure (water, sewer, roads, etc.) prior to filing the final plat for subsequent subdivisions. This has been includes in the list of conditions to insure that, prior to issuing a building permit on a new lot, there is access which meets the fire department's minimum standards as well as adequate water and sewer services are available. Control over vehicular traffic The developer hired WGM Group to conduct a traffic impact study for the proposed project. The traffic impact study analyzed the full buildout of the proposed development in conjunction with the full buildout of Phase 1 of Kalispell North Town Center, including the traffic generated from a new school that is proposed onsite. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the proposed site access points and 4 nearby study intersections. The following intersections were analyzed in the study: 1. U.S. 93 and Flathead Boulevard 2. U.S. 93 and Eagle Valley Drive 3. U.S. 93 and Rose Crossing 4. Rose Crossing and Flathead Boulevard 23 Capacity analysis was presented both with and without the traffic generated by the proposed subdivision to determine what impact the proposal will have on traffic operations. The analysis concluded that the road network will continue to operate with good level of service and the study did not identify any unusual safety issues, provided the lighted intersection is installed at Rose Crossing. Other than the new light, the study concluded that no changes to the roadway network are required as a result of the proposed development. Upon submitting the project to Public Works for review, the traffic study will be further evaluated by staff to determine compliance with city standards. City standards require that the level of service be maintained at pre development levels. The Eagle Valley Ranch Planned Unit Development layout shows two access points along Highway 93 that would be 3/4 turning movements at this time (allowing left and right -turns in and right -turns out, but prohibiting left turns out for traffic to travel southbound on U.S. 93). A full movement intersection onto The only full movement intersection would be at the intersection of Rose Crossing and U.S. 93. This requires the completion of a small portion of city right-of-way to the projects southern boundary. The traffic study indicates that 83% of the traffic generated by this development will head south on U.S. 93 via Rose Crossing. Based on the traffic impact study, city staff is recommending that a condition of the PUD require the future subdivision on this site not be given final plat approval until a connection is made to the south where a full movement intersection would be provided. This future roadway connection will need to be constructed to city standards and be adequate to handle the volume of traffic generated by this development and subsequent development in the immediate area. The development is proposing alleys within portions of the development. The developer is constructing alleys in order to build housing units more similar to the historic area of Kalispell and Spring Creek Estates where the garages are accessed in the back of the property. This allows for a more appealing building design and it also makes the streets easier for maintenance because there is not driveways along the public streets, especially during snow events. Staff has went over the layout with Public Works and they are recommending that the alleyways remain private for long-term and short-term maintenance reasons. Since there are no public utilities proposed within the alleyways, staff is recommending the alleys remain private in order to clarify who is responsible for the maintenance of them. The development has provided for individual automobiles, pedestrian and bicycle traffic in the PUD proposal. To provide for a greater diversity of transportation options planning staff would recommend that the developer work with Eagle Transit to establish at least one bus stop location in the project site, preferably within the multi -family project site area. Eagle Transit provides transportation in a safe manner for the transportation -disadvantaged and the general public of Flathead County and has a fixed route within the county and has several bus stops within the City of Kalispell., there is not a bus stop in this area of the city. 24 With this development it may be time for Eagle Transit to consider a stop in the project area to serve the residents on this end of town, as upon completion of this development there will be a significant number of residents at the north end of town. Visual enjoyment The project accomplishes this by including the following in the PUD plan: 1. The Eagle Valley Ranch HOA establishes a Design Review Committee that will be responsible for reviewing building plans, landscaping showing the design, location, material, color and exterior finish of proposed improvements. 2. The PUD plan calls out approximately 20-acres of open space and parkland throughout the 100-acre site. The 20-acres are in the form of parkland, perimeter buffers and accent areas at project gateways. A 100-foot buffer is included along U.S. 93, a 50-foot buffer along the Armory and a 100-300 foot buffer between the development and Ponderosa Subdivision. 3. The proposed PUD also includes elevations of future single family, townhouse and apartment units that would be built on the site. These elevations include gable roofs with split frame windows and a varying color pallet for the homes which help to emphasize the windows, porches, fascia, columns and other architecturally distinct features of the homes. The majority of the homes within the site will have access to an alley or common parking lot. This in turn allows for a streetscape that emphasizes the home and living space and places the driveways, garages and parking areas to the side or rear of the living units. Light and air The proposed R-3 and RA-2 Zoning as well as the proposed PUD amendments still require housing setbacks and height limitations to provide for adequate light and air within the project proposal. Design guidelines have been included to provide housing standards to maintain the visual quality of the entire project. Recreation The park areas and open space area will provide the recreational amenity within the development. These facilities will be owned and maintained by the homeowners association. Staff is also recommending that a waiver of park maintenance district condition is placed on the development in the event the HOA fails to maintain its properties. G. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be 25 established; The project is proposed in a rural area of Flathead County with existing rural residential development immediately north of the project site. There are also several businesses located along Highway 93 immediately west and north of the site. Development of the 100-acre project site has the potential to impact existing residences of the Ponderosa subdivision located north of the project site. The Ponderosa subdivision is a rural neighborhood platted in the late 1970's and early 1980's. Lots within the Ponderosa subdivision vary between 1/2 acre to 1 acre in size. For decades residents in the Ponderosa subdivision have lived in a relatively quiet rural setting but as the city grows northward it is reasonable to expect city densities to accompany this northward expansion. The developer has tried to offset some of the housing density adjacent to the Ponderosa subdivision by providing park and open space areas along the boundaries of the project. The park and open space areas vary from a 100-foot wide to 300-foot wide encompassing 14.7-acres on the north end of the Eagle Valley Ranch PUD between the proposed lots and the existing lots within the Ponderosa subdivision. There is a National Guard Facility currently located south of the project site. The PUD plan shows the land uses closest to the National Guard Facility as multi- family and office space. Staff has went over the layout with Debra LaFountaine, Master Planner for the Department of Military Affairs. She indicated that on weekends they have over 200 personnel conducting drills at the facility and they need to keep the area well lit. Debra was comfortable with the layout showing the 50-foot wide buffer along the multi -family boundary, which is further buffered by parking areas. She stressed that as much setback as possible needed to be maintained from their operations. Therefore, staff is recommending that in addition to the 50-foot buffer, where possible the applicant should construct the parking areas for the multi -family development in between the buildings and proposed SO - foot buffer area. H. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan which finding shall be made only after consultation with the city attorney; The application indicates the site will be developed over 14 phases. Section 27.19.020(10), Abandonment and Expiration, outlines procedures to be followed when the PUD fails to comply with a completion schedule. Part of the requirements of the PUD is that the developer would enter into an agreement with the City of Kalispell to adequately insure that the overall integrity of the development, the installation of required infrastructure, architectural integrity and proposed amenities, are accomplished as proposed. A recommended condition of approval for the PUD would require this agreement be in place prior 26 to filing the final plat for the first phase of the project. I. Conformity with all applicable provisions of this chapter. No other specific deviations from the Kalispell Zoning Ordinance or Subdivision Regulations can be identified based upon the information submitted with the application other than those addressed in this report. RECOMMENDATIONS: I Staff ,-0....,.,..,.,..o,- ds t + The Kalispell City Planning Board and Zoning Commission adopts staff report #KGPA-18-02 and recommends that the Kalispell Growth Policy Future Land Use Map be amended from Suburban Residential to Urban Mixed Use on 41-acres. H. Staff ,-eee.,...,..o,- ds t + The Kalispell City Planning Board and Zoning Commission adopts staff report #KPUD-18-04 as findings of fact and recommends to the Kalispell City Council that a PUD for Eagle Valley Ranch be approved subject to the condition listed below: Conditions: 1. The Planned Unit Development for Eagle Valley Ranch allows the following deviations from the Kalispell Zoning Ordinance: a) Kalispell Zoning Ordinance, Section 27.06.040 (1) (Minimum lot size in the R-3 Zoning District) to allow single-family residential lots below the minimum lot size. Currently, the minimum lot size is 6,000 square feet and the request would allow single-family lot size of 5,000 square feet. b) Kalispell Zoning Ordinance, Section 27.06.020 (Permitted uses within the R-3 Zoning District) for permitting townhouse units within the R-3 zoning district. 2. That the development of the site will be in substantial conformance with the documents entitled Eagle Valley Ranch and associated submittal drawings which shall govern location of the lots, easements, roadways, phasing plan, covenants and declarations, landscaping, open space uses and architecture. 3. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 27 4. Architectural renderings for all commercial buildings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 5. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit for development within the RA-2 Zone. 6. New infrastructure required to serve the development shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to storm water, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 7. The traffic impact study for the project site shall be reviewed and approved by the Public Works Department and where appropriate, the Montana Department of Transportation in order to determine the appropriate mitigation as the project develops. 8. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto U.S. 93. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT. 9. The Parks and Recreation Director shall approve the landscape plan for the placement of trees and landscaping materials and irrigation within the landscape boulevards of the streets and all open space areas of the development. 10. The developer shall work with Eagle Transit to establish bus stop location(s) within the Eagle Valley Ranch PUD. The approved bus stop location(s) shall be included on a revised PUD plan and submitted with the preliminary plat of phase 12. Bus stop location(s) shall be improved in accordance with Eagle Transit's requirements, which may include a bus shelter. This condition is waived if Eagle Transit provides a letter in writing that it will not serve the development. 11. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 12. That a minimum of two-thirds of the necessary public infrastructure for any subsequent subdivision shall be completed prior to final plat submittal. 13. The developer shall provide the Parks and Recreation Department with a m park improvement plan prior to Phase 1 for the development which shall include provisions for the following: • A minimum 10-feet wide pedestrian trail shall be constructed along the entire U.S. 93 frontage within the 100-foot buffer. The trail shall be integrally designed into the landscape plan required between the highway and the 100-foot buffer. The pathway shall be as linear as possible and shall not have any bollards obstructing movement. • All locations where park access is shown to the 14.7-acre open space area shall include path connections to the city right-of-way. • Location and type of playground equipment, or equivalent recreational facility to be used by residents of the development. 14. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 15. Architectural elements of commercial buildings shall be incorporated into the back of the buildings when the back of the building is visually accessible to U.S. Highway 93. Walls and surface planes should be broken up in such a manner as to create a visual interest, avoiding monotony. All roof mounted equipment, i.e. HVAC, should be shielded from all views. 16. The predominate tone on commercial buildings should lend toward warm earthy hues, whether in the natural patina or weathered color of the wall surface itself or the color of the paint stain or other coating. The color of concrete products on building frontages should not be achieved from painting the surface. The use of materials such as wood, brick or stone for trim material is encouraged. 17. Prior to obtaining a building permit for the assisted and independent living facility, the developer shall submit an amendment to the Eagle Valley Ranch PUD showing the location, size, elevations, landscaping and parking associated with the assisted and independent living facility. 18. Prior to subdivision of the project site a connection with Jefferson Boulevard to the south shall be made. 19. The developer shall provide the City of Kalispell with a 2-acre tract of land suitable for a water tank location within the development in accordance with the City of Kalispell water facility plan update. 29 20. Development of the multi -family site shall include parking areas adjacent the 50-foot buffer area in order to further buffer the armory and mitigate any future land use conflicts. 21. A homeowner's association (HOA) shall be formed and established for the development prior to final plat of the first phase. 22. The alleyways within the development shall be designated as "private" at time of final plat. 23. Subdivision and building signage for the development shall comply with Chapter 27.22 of the Kalispell Zoning Ordinance. 24. Prior to the time that Eagle Vallev Ranch reaches phases 7-10 at the north end of the PUD, the developer may submit a PUD amendment proposing a cottage neighborhood design that provides a more creative neighborhood setting that will better blend in with the surrounding area. This plan could include but not be limited to more internal open space and pedestrian linkages with possible smaller lot footprints; the density may be equal to or greater than the proposed density of phases 7-10 on the PUD plan dated June 6, 2018; but shall be within the densities described in the Kalispell Growth Policy suburban residential land use category. 25. Prior to Preliminary Plat, if the Ponderosa Homeowners Association provides an access point that would connect Eagle Valley Ranch with Ponderosa Lane, the developer shall reciprocate and provide an access point connecting the two developments together. 30 rAT WGMGROUP P.U.D. & GROWTH POLICY AMENDMENT FOR EAGLE VALLEY RANCH APPLICANT: SPARTAN HOLDINGS, LLC 431 1ST AVENUE WEST KALISPELL, MT 59901 JUNE 412018 PREPARED BY: WGM GROUP, INC. 431 1ST AVENUE WEST KALISPELL, MONTANA 59901 W 'WG MGROUP Community Values. Inspired Futures Monday, June 4, 201S Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 Attn: Tom Jentz and Jarod Nygren Eagle Valley Ranch Growth Policy Amendment and PUD Applications Dear Tom and Jarod: Attached are the applications for Eagle Valley Ranch Planned Unit Development and Growth Policy Amendment. You have reviewed this project on a preliminary basis in the past and we have adhered to your advice regarding the requested zoning and growth policy amendment. The proposed PUD includes the original Valley Ranch PUD area of 80.63 acres currently under purchase contract to Spartan Holdings LLC and 18.6 acres purchased by Spartan Holdings LLC recently. Approximately .3 additional acres is encompassed by the road easement and proposed right-of-way improvements north of the current Spartan Holdings owned parcel. This application also includes a growth policy amendment for 40.59 acres including tracts 2 and 2B in Section 19 with a proposal to change the land use designation from Suburban Residential to Mixed Use Urban. Also attached is a thumb drive with electronic versions of all application materials. Please feel free to call me or Mike Brodie if you have any questions. We will look forward to working with you on this project. Checks in the amount of $13,441.25 for the PUD and $2,605.90 for the Growth Policy Amendment are attached. Thank you for your attention. Sincerely, WGM Group, Inc. Bruce F. Lutz Senior Landscape Architect and Land Planner BFL cc: Spartan Holdings LLC, File 431 1"Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Table of Contents PUD Application • PUD Application • PUD Application Narrative • Typical Single -Family Unit Exhibit • Typical Two -Family Unit Exhibit • Typical Apartment Exhibit Growth Policy Amendment Application • Growth Policy Map Amendment Application • Growth Policy Map Amendment Narrative Attachments and Exhibits • Draft CCRs • Draft Design Guidelines • Legal Description (80.6 Acres) • Title Reports • Preliminary Geotechnical Investigation Drawings and Graphic Exhibits — Current Conditions • Aerial Photo — Subject Property • Current Growth Policy Map — Subject Property • Current Zoning — Subject Property Drawings and Graphic Exhibits — Proposed • PUD Site Plan • Apartment Site Schematic Plan • PUD Isometric Aerial • Proposed Growth Policy Map Amendment • Proposed Underlying Zoning • PUD Phasing Plan • Preliminary Water, Sewer and Storm Drainage Plans P.U.D. APPLICATION Application Narrative Exhibits Dr. Shore Dill Glacier LSC LLC P.O. Box 10338 Kalispell, MT 59904 May 31, 2018 City of Kalispell Planning Department 201 l st Avenue East Kalispell, MT 59901 RE; Permission to submit applications on behalf of landowner. To whom it may concern: I arm. the current owner of property located in the City of Kalispell, in )ilathewl Cotw,ty, MT. The property may be described as follows: PARCEL 1: GOVERNMENT LOT 2 AND THE NORTH HALF OF GOVERNMENT LOT 3 OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, SHOWN ON CERTIFICATE OF SURVEY NO.4491 EXCEPTING THEREFROM TIE FOLLOWING TRACTS OF LAND TRACT 1 OF CERTIFICATE OF SURVEY NO.5324, LOCATED IN THE SOTTI14 HALF OF GOVERNMENT LOT 2 AND THE NOTH HALF OF GOVERNMENT LOT 3 OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA 0 TRACT 1 OF CERTIFICATE OF SUR'VF— Y NO.5975, LOCATED IN THE SOUTH HALF QI GOVERNMENT LOT 2 AND THE NORTH HALF OF GOVERNMENT LOT 3 OF SECTION 19, TOWNSHT 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE HIGHWAY COMMISION IN BARGAIN AND SALE DEED RECORDED DULY9,1956 'IN BOOK 39, PAGE 408 AND CONVEYED TO THE STATE OF MONTANA DEPARTMENT OF HIGHWAYS IN BARGAIN AND SALE DP-PD RECORDED SULY 23,19969 INSTRUMENT NO.96-205-10010, RECORDS OF FLATHEAD COUNTY, MONTANA. PARCEL 2; TRACTS 7 AND S OF CERTIFICATE OF SURVEY NO.4491, LYING AND DIEING IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19,'TOWNSHIp, 29 NORTH, RANGE 21 WEST, P.M.M, FLATHEAD COUNTY, MONTANA. I grant permission for Spartan Holdings, LLC, represented by WGM Group, Inc., to prepare and submit as "applicant" the following applications to the City of Kalispell for the above-referencedl. property: 1. Application for Growth Policy Amendment 2. Application for Planned Unit Development If you have any questions regarding this arrangement, please feel, free to cont-wt me at (406) 871- 0267. Sincerely, Dr. Shane Hill Glacier LSC LLC. PLANNING FOR THE FUTURE MOAM NA Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/ Planning APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) PROJECT NAME Eagle Valley Ranch PUD 1. 2. NAME OF APPLICANT: Spartan Holdings LLC (Attn. Joe Carman) MAIL ADDRESS: 431 First Avenue West 3. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: (909)-772-4166 NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT: 4. NAME: Dr. Shane Hill, Glacier LSC LLC 5. MAIL ADDRESS: P.O. BOX 10338 6. 1 a CITY/STATE/ZIP: Kalispell, MT 59904 PHONE: TECHNICAL ASSISTANCE. WGM Group, Attn. Bruce Lutz (cell, 250-1410) MAIL ADDRESS: 431 First Avenue West CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 756-4848 If there are others who should be notified during the review process, please list those. Check One: _X_ Initial PUD proposal Amendment to an existing PUD A. Property Address: No Address Assigned B. Total Area of Property: 99.53 C. Legal description including section, township 8v range: Tract 4 of C.O.S. 4491 (also being South 1/2 Gov. Lot 3 Located in SW 1/4 Sec.19, T29N, R21 W) Flathead Co., MT and attached description of 80.63 Acres D. The present zoning of the above property is: Kalispell R-2 w/ PUD Overlay 1 E. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the goals and objectives for the development of the project. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. C. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. L The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those uses be mitigated. i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. j. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Total acreage and present zoning classifications; (2). Zoning classification of all adjoining properties; (3). Density in dwelling units per gross acre; (4). Location, size height and number of stories for buildings and uses proposed for buildings; (5). Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; 2 (6). Vehicle, emergency and pedestrian access, traffic circulation and control; (7). Location, size, height, color and materials of signs; (8). Location and height of fencing and/or screening; (9). Location and type of landscaping; (10). Location and type of open space and common areas; (11). Proposed maintenance of common areas and open space; (12). Property boundary locations and setback lines (13). Special design standards, materials and / or colors; (14). Proposed schedule of completions and phasing of the development, if applicable; (15). Covenants, conditions and restrictions; (16). Any other information that may be deemed relevant and appropriate to allow for adequate review. If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of the subdivision regulations. Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the approved plan. The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during review process. (Applicant Signature) (Date) 3 APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS: A. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan or Growth Policy compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. B. Application Contents: 1. Completed application form. 2. Application fee per schedule below, made payable to the City of Kalispell. PUD/CONCEPT PUD Zoning Review Fee Residential (no subdivision) $1,000 + $125/unit Commercial (no subdivision) $1,200 + $100/acre Residential (with subdivision) $1,000 + $100/acre Commercial (with subdivision) $1,000 + $100/acre 3. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning2kalispell.com (Please note the maximum file size to email is 20mg) 4. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. Please consult the with staff of the Kalispell Planning Office for submittal dates and dates for the planning board meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. The application must be accepted as complete forty-five (45) days prior to the scheduled planning board meeting. 0 Eagle Valley Ranch PUD — Spartan Holdings, LLC June 4, 2018 Page 1 of 8 DOWN RA rI 0 rl 1 1 P Eagle Valley Ranch PUD Narrative E. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the goals and objectives for the development of the project. The proposed Eagle Valley Ranch PUD comprising 99. 53 acres is a new vision for the former Valley Ranch PUD that was approved in 2008 and has since lapsed due to inactivity. The original 80.6 acre Valley Ranch acreage has been increased with the addition of an 18.6 acre parcel north of the Kalispell Armory and OMS. The latter provides additional frontage along US 93 as well as an opportunity for a transitional mixed -use area within the overall PUD. The overall intent of the new PUD is to provide efficient and affordable single-family and two-family lots along the interface of an existing single-family residential neighborhood along with apartment, mixed use office and residential opportunities as a transitional land use between current areas designated as "Urban Mixed -Use" in the Kalispell Growth Policy and proposed areas of single-family development within the PUD. The goal of the project is to provide a diverse neighborhood close to existing services and commercial resources within the northern limits of the Kalispell community. The proposed Eagle Valley Ranch development is situated south of the existing Ponderosa residential subdivision, east of the Big Mountain Golf Club, north of Glacier Town Center PUD, and north of the Montana National Guard facilities. The proposed Planned Unit Development calls for 225 residential lots, 12 mixed -use office/residential lots and an apartment complex site. The north and east perimeter of the development adjacent to the Ponderosa development is proposed for an extensive 14.74 open space/buffer area. Single-family and two-family lots on the north and east quadrants of the property are alley -loaded with the exception of lots located on the perimeter of the proposed PUD which will be street -loaded. The mixed -use area including Lots 228 through 339 are intended to accommodate professional offices and(or) residential uses. The five acre Lot 229 is intended as a site for a future living facility. Lot 240 is earmarked for an apartment living project that may accommodate up to 276 units and comprises 13.8 acres. The site is buffered from the armory to the south with a 50 foot landscape buffer totaling .84 acres. The proposed 14.74 acre open space area adjacent to Ponderosa Estates will be governed by the homeowner's association along with the 3.74 acre highway open space/landscape buffer along Highway 93. The total open space/buffer area equals 19.32 acres or 24% of the gross area of the PUD. Eagle Valley Ranch PUD — Spartan Holdings, LLC June 4, 2018 Page 2 of 8 DOWN NA r1 0 rl 1 1 P The total area dedicated to street right-of-way equals 17.2 acres not including 1.3 acres dedicated to alleys. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. Please refer to the attached development phasing plan. Initial phases rely on a connection with Rose Crossing via a route south through Glacier Town Center to Rose Crossing which is being completed this year. Phase One through Five will include two-family Lots 1-113. Following phases Six through Ten will include single- family Lots 114-227. Phase Eleven through Fourteen includes mixed -use lots 230 through 239. The apartment project will be Phase Thirteen and Fourteen and the final Phase Fifteen will be Lot 228 and 229. c. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; The proposed underlying zoning for the PUD area is RA-2 for the 40.59 acre property on the south end of the property from Highway 93 to the eastern boundary (see attached Proposed Zoning Exhibit) and R-3 for the 59.12 acre property to the north. This application includes a request for a growth policy amendment to re -designate the 40.59 acre area currently classified as "Suburban Residential" to "Urban Mixed - Use". All of the proposed R-3 area lots including Lots 1 through 227 are 5,000 square foot minimum in size (minimum 50 feet wide by minimum 100 feet deep). Lots 1 through 113 are proposed as two-family lots meaning that there will be an attached two- family structure on each lot. The resultant sub -lot will be a minimum of 2,500 square feet (minimum 25 feet wide by minimum 100 feet) rather than 3,500 square feet called out in the standard R-3 requirements. Please refer to the attached exhibit demonstrating the feasibility of the alternative sublot request. The R-3 description states that "this district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map". Density allowable in an area designated for "Suburban Residential" ranges between 3 and 5 units per acre. The 59.12 acre area proposed for R-3 and underlain with an existing "Suburban Residential" land use designation proposes a density of 3.66 units per acre including the two-family lots. This falls well within the standard for the requested zoning and conforms to the guidelines of the Growth Policy. Eagle Valley Ranch PUD — Spartan Holdings, LLC June 4, 2018 Page 3 of 8 DOWN NA rI 0 rl 1 1 P The 40.59 acre area south of the above requested R-3 designation includes two 20 acre rectangular pieces running east -west. These properties are contiguous with an area that is currently designated as "Urban Mixed -Use" on the Kalispell Growth Policy Map. The proposed RA-2 area is adjacent to current P-1 (the Armory), R-3 PUD (Glacier Town Center PUD), SAG10 (county -highway frontage west of Armory) and R2.5 (county). The requested RA-2 supports mixed -use Lots 231 through 239, the apartment project site and two-family lots 1-52 and 75-83. d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; Eagle Valley Ranch proposes to allocate 19.32 acres of the total area of the project to open space in the form of neighborhood parks, perimeter buffers and accent areas at project gateways. As mentioned above, it will comprise 24% of the gross area within the PUD. All the open space designated areas will be part of the Eagle Valley Ranch Homeowner's Association's responsibility. The larger internal parks is located adjacent to the west side of Ponderosa Subdivision thus making for a generous sized open space transition between two residential developments. Portions of the open space area south and west of Ponderosa Subdivision have stands of mature ponderosa pines which will be preserved. Eagle Valley Ranch PUD creates a 1679 foot long by 100 foot wide linear open space totaling 3.74 acres along it's boundary with Highway 93. The open space amenities and landscaping included in the PUD will be proposed in a later plan which will be reviewed and approved by Kalispell Planning and Parks Department. e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. Water supply, sewage collection, storm water collection/disposal, roadways, sidewalks, and park facilities will be designed and constructed to City of Kalispell Public Works standards. These facilities are to be installed by the Developer at his expense, granted to the City of Kalispell after completion of construction, and owned, operated and maintained by the City permanently. The internal water distribution system will be a network of 8-inch diameter water mains (estimated). This distribution network will connect to and receive its supply from the existing major transmission pipeline constructed along the east side of the US Highway 93 right-of-way to service the Silverbrook development further north of this project. Fire hydrants will be installed at street intersections and, between intersections, at intervals as Eagle Valley Ranch PUD — Spartan Holdings, LLC ,�.���1.I June 4, 2018 Page 4 of 8 G R ❑ U P required by Kalispell Fire Department. Individual water services will be provided to each lot. Sewage collection will be provided by 8-inch diameter or larger gravity sewer collection mains divided into a northern and southern connection to the City of Kalispell's sewer system. Manholes will be provided at intersections, changes in alignment and grade, and at intervals of no more than 400 feet along straight runs. All sewage will be conveyed the sewage to the City sewer interceptor that is installed along the east side of the US Highway 93 right-of-way for the Silver brook development. Roadways will be paved and curb and gutters are to be provided. The site and roadways will be graded to drain runoff to designed low points, where the storm water runoff will be collected in catch basins. Storm water will be conveyed through buried pipelines. Rather than collect, convey and concentrate all the runoff from the entire site at a single point, storm water treatment will be decentralized. A number of treatment and disposal sites will be provided in open spaces scattered throughout the site. Each system will serve only a part of project area. Roadways will be designed and constructed to City of Kalispell standards, including paved roadways, concrete curb and gutter, landscaped boulevards. street trees, concrete sidewalks, and underground dry utilities (electric, telephone and cable TV) installed behind the sidewalk along the front of the lots an facilitated by the creation of a utility easement. Connectivity of the roads with surrounding properties is an important consideration for the success of this development as well as surrounding development. Eagle Valley Ranch proposes four connections along the east south and west boundaries of the project to facilitate the flow of vehicular traffic back and forth. Due to grades and the fact that Ponderosa is already developed, there will not be an opportunity to extend connectivity to the north. Also, please see the attached newly revised Traffic Impact Study prepared by WGM Group. The site is near new shopping centers as well as a regional athletic complex (Kidsports), the new Glacier High School, Flathead Valley Community College and is across the highway from an existing golf course. It is also just south of an existing residential development by the name of Ponderosa that was conceived during the late 1970's. It is important to note that the two ingress/egress points on Highway 93 from Eagle Valley Ranch are proposed as 3/4 turns as per MDT recommendations. Eagle Valley Ranch relies on connectivity with Glacier Town Center in order to achieve a roadway link with a through road that connects Rose Crossing with Highway 93. As a part of the construction south of the property, there will eventually be a traffic signal at the Rose Crossing and Highway 93 intersection that will facilitate a left hand turns towards Kalispell. Eagle Valley Ranch PUD — Spartan Holdings, LLC June 4, 2018 Page 5 of 8 DOWN RA r1 0 rl 1 1 P f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established. The area proposed for the Eagle Valley Ranch project has been transitioning from rural and semi -rural suburban development to suburban -urban residential for the past four decades. The Kalispell Growth Policy shows the subject property located firmly in the suburban residential growth zone around the City's fringe. Old and new developments such as Ponderosa and the newly proposed Glacier Town Center, the new Ford Dealership and the Armory/OMS facilities are examples of this trend. The development of the Silverbrook PUD in the vicinity of the proposed Church Drive Interchange will facilitated the extension of Kalispell's water and sewer infrastructure past and adjacent to Eagle Valley Ranch's west perimeter. Eagle Valley Ranch will provide a good land use transition from the more aggressive and commercial/reidential Glacier Town Center Project to the existing Ponderosa Subdivision. g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. The proposed plan conforms to the stipulations set forth in the current Kalispell Growth Policy calling for suburban residential development not exceeding five dwelling units per gross acre. The plan also calls for a growth policy amendment along the south 40 acres to accrue a portion of the existing "Suburban Residential" land use designated area to the northern limits of the existing "Urban Mixed -Use" land use designation. The proposed plan provides for efficient use of land for both a mixed -use transitional area and residential housing while encouraging the generous dedication of common and comprehensively maintained open space. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those uses be mitigated. The plan for Eagle Valley Ranch incorporates a 125 to 300 foot buffer adjacent to the existing Ponderosa development east and north. The project's open space will be landscaped and maintained by a homeowner's association set forth in the attached covenants. The proposed PUD will be insulated from Highway 93 with a 100 foot wide landscape buffer and from the existing Armory/OMS facility with a 50 foot landscape buffer. None of the proposed uses within the Eagle Valley Ranch PUD will be incompatible with surrounding uses. i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. Eagle Valley Ranch PUD — Spartan Holdings, LLC June 4, 2018 Page 6 of 8 DOWN G R ❑ U P The proposed plan is intended to fit within the stipulations set forth in the Kalispell Growth Policy. Where it does not, the applicant seeks a growth policy amendment that exists on contiguous property to the south. The portion of the PUD already designated as "suburban residential" allows for residential densities up to five units per gross acre. As stated above, 59.12 acres of the proposed PUD conforms with the map and policies set forth in the Kalispell Growth Policy. The applicant requests an amendment to the Kalispell Growth Policy to transition the southern 40.59 acres to a "Urban Mixed -Use" land use designation which is consistent with contiguous property to the south. The completion of the Rose Crossing east -west thorough -fare between US Highway 93, Whitefish Stage and US Highway 2 are major drivers in the feasibility of continued growth on the north side of Kalispell. The prosed Eagle Valley Ranch is in a key location to provide a significant resource for efficient residential housing and appropriate mixed uses. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Total acreage and present zoning classifications; 99.53 Acres Total 18.6 acres zoned Kalispell R-2 80.6 acres zoned Kalispell R-2 PUD (2). Zoning classification of all adjoining properties; See Exhibit attached (3). Density in dwelling units per gross acre; 3.66 dwelling units per acre, R-3 proposed zone Up to 20 dwelling units per acre, RA-2 proposed zone (apartment site only) (4). Location, size height and number of stories for buildings and uses proposed for buildings; 35 feet height maximum, R-3 zone 40 feet height maximum, RA-2 zone (5). Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; Eagle Valley Ranch PUD — Spartan Holdings, LLC ,�.���1.I June 4, 2018 Page 7 of 8 G R ❑ U P See Proposed PUD Site plan (6). Vehicle, emergency and pedestrian access, traffic circulation and control; See Proposed PUD Site plan (7). Location, size, height, color and materials of signs; The development signage will be located on the north or east side of the main entry roads. The signs will be a monument style signage utilizing the project logo and made of stone and wood elements used as landscape accents. The signs will conform to the Kalispell Sign Ordinance. (8). Location and height of fencing and/or screening; No fencing is proposed at this time. A preliminary landscape plan showing screening and buffering will be submitted prior to Phase One development. (9). Location and type of landscaping; To be determined (10). Location and type of open space and common areas; See Proposed PUD Site plan (11). Proposed maintenance of common areas and open space; See CCRs (12). Property boundary locations and setback lines See Proposed PUD Site plan (13). Special design standards, materials and / or colors; See CCRs (14). Proposed schedule of completions and phasing of the development, if applicable; See Phasing Plan Eagle Valley Ranch PUD — Spartan Holdings, LLC ,�.���1.I June 4, 2018 Page 8 of 8 G R ❑ U P (15). Covenants, conditions and restrictions; See Attached (16). Any other information that may be deemed relevant and appropriate to allow for adequate review. SEE ATTACHED PLANS, TRAFFIC IMPACT STUDY and other supplemental information. Covenants, and Architectural Standards be submitted as supplementary information. APPLICANTS SIGNATURE DATE MAIN FLOOR PLAN .r .04r Typical Single -Family Residential Lots Kitchen Master Br 13-12 Br2 aaxm-i GreatRm Living Naa i3.a. I" Front Parch 28x8 Floor Plan . BasementlBonus Roam Option Ea,.g&valL�y2a.Ich.PuD Garage I I I ® a I O I � I Kit en, Dining I � Great Roam � i 19x13g M" I, I ISxt � I I . / 1 •- r I 0 0 0 Bed 3 Bed 2 9.15 9.12 i i I Typical Two -Family Residential Lots Al Alley -Loaded Lots Perimeter Sloped Lots Typical Apartment Units 12 Units per Building tiG " LevelsI • Hgt. ID MEMO EM11 mriallp—sm or•....... ■__________f LOWER FLOOR PLAN 629 SQ. FT - UNIT UPPER FLOORS TO BE SIMILAR IL - � LIVING LIVING DEC UNIT kS 12N X 1510 1210 X ," DNIT!!G LiilECK LIVING 12I0%1&0 LIVING 12N]X1&0 DININGDINING CNIT#7 IINIT YI9 1018 X 10101018 X 1010 DINING DINING zu ITCH1i %11le 100X 1018 a �. 11-11 iP18 I_ E14� TM j11 XMEN` '111 MSTR MSTR gq Try L RM BEDNM MSTR MSTR 1 P15 X 13+P 1015 % 13/0 :..E BEDRM BEDRM 3EDRMBEDRM t. 1p15X 13�0 t015%13,'0-_, 8151,9r BEDRM � EDRM: onoru onoru B15X 9R 815X 8�7 TYPICAL FLOOR PLAN 2ND. FLR. SHOWN OTHER FLRS. SIMILAR Ea.q& VaVxye 2a41Z,1I`. PU D GROWTH POLICY AMENDMENT APPLICATION Application Narrative PLANNING FOR THE FUTURE Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning APPLICATION FOR GROWTH POLICY AMENDMENT (GPA) PROJECT NAME: Eagle Valley Ranch PUD 1. NAME OF APPLICANT: Spartan Holdings LLC (Attu. Joe Carman) 2 3 MAIL ADDRESS: 431 First Avenue West CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: (909)-772-4166 NAME AND ADDRESS OF OWNER/S IF DIFFERENT THAN APPLICANT: 4. NAME: Dr. Shane Hill, Glacier LSC LLC 5 6 7 8 9 MAIL ADDRESS: P.O. BOX 10338 CITY/STATE/ZIP: Kalispell, MT 59904 PHONE: TECHNICAL ASSISTANCE. WGM Group, Attn. Bruce Lutz (cell, 250-1410) MAIL ADDRESS: 431 First Avenue West CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 756-4848 If there are others who should be notified during the review process, please list those. A. Property Address: No Address Assigned B. Total Area of Property: 99.53 C. Legal description including section, township & range: Tracts 4 & 8 of C.O.S. 4491 (also being South 1/2 Gov. Lot 3 Located in SW 1/4 Sec.19, T29N, R21W) Flathead Co., MT 1 D. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the issues, goals and policies associated with the proposed development. b. Project feasibility and a schedule showing the timeframe in which each phase will be completed. C. A showing of the conformance of this amendment with the growth policy overall. d. A convincing showing of need. e. A showing of neighborhood compatibility. Where there are more intensive uses or incompatible uses planned within the plan area or on the boundaries, how the impacts of those uses would be mitigated. f. A showing of transportation impacts and general proposed mitigation measures. g. A listing of the environmental impacts associated with the plan amendment. h. A listing of all know site hazards and general mitigation strategies i. A strategy for the adequate provision of local services (1). Water (2). Sewer (3). Police (4). Fire (5). Parks and open space, trails and pedestrian ways (6). Storm water (7). Schools (8). Gas, electricity j. A showing of the appropriateness of the proposed location of the project. k. The extent to which the plan departs from the existing growth policy and the reasons why such departures are or are not deemed to be in the public interest. 2 1. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Property boundary locations. (2). Site hazards or environmental constraints including area of steep slopes (10% and 25%), floodplain and flood way, drainage or streams; (3). Total acreage, current growth policy designation and present zoning classifications; (4). Growth policy and zoning classification of all adjoining properties; (5). Assignment of major land use categories. A showing of density and intensity of major land uses including, for example, dwelling units per gross acre, square footages of commercial/acre, square footage of industrial uses/acre, potential public facilities and buildings, open space uses, etc. (6). Collector and arterial road systems. Any unusual road features (bridges, frontage roads, etc.) (7). Location and type of significant open space, common areas or substantial buffers, and major pedestrian trail systems; (8). Proposed schedule of completions and phasing of the development, if applicable; (9). Existing covenants, conditions and restrictions which would significantly alter development within the area; (10). Special or unusual design features intended to mitigate identified site hazards. (11) . Any other information that may be deemed relevant and appropriate to allow for adequate review. The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning Department staff to be present on the property for routine monitoring and inspection during review process. (Applicant Signature) (Date) 3 APPLICATION PROCESS APPLICABLE TO ALL GROWTH POLICY AMENDMENT APPLICATIONS: A. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are the application process and submission information B. Completed application form. C. Application fee per schedule below, made payable to the City of Kalispell. Growth Policy Amendment fee: $2,200 plus $10/acre D. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning2kalispell.com (Please note the maximum file size to email is 20mg) E. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. Please consult with the staff of the Kalispell Planning Office for submittal dates and dates for the planning board meeting at which it will be heard in order that requirements of state statutes may be fulfilled. The application must be accepted as complete forty-five (45) days prior to the scheduled planning board meeting. S Kalispell Growth Policy Amendment — Spartan Holdings, LLC June 4, 2018 Page 1 of 9 Eagle Valley Ranch Growth Policy Amendment Narrative 1`:ieR G R ❑ U P D. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the issues, goals and policies associated with the proposed development. The following is a request to amend the Kalispell Growth Policy Map to change the land use designation of 40.59 acres including tracts 4 and 8 of COS 4491 from "Suburban Residential" to "Urban Mixed -Use". The proposed area is contiguous to the northern extent of Kalispell's existing "Urban Mixed -Use" designation. The subject area is part of the proposed Eagle Valley Ranch PUD comprising 99. 51 acres. The proposed PUD is a new vision for the former Valley Ranch PUD that was approved in 2008 and has since lapsed due to inactivity. The original 80.6 acre Valley Ranch acreage has been increased with the addition of an 18.6 acre parcel north of the Kalispell Armory and OMS. The latter provides additional frontage along US 93 as well as an opportunity for a transitional mixed - use area within the overall PUD. The intent of the new PUD is to provide efficient and affordable single-family and two-family lots along the interface with an existing single- family residential neighborhood along with apartment, mixed use office and residential opportunities as a transitional land use between current areas designated as "Urban Mixed -Use" in the Kalispell Growth Policy and proposed areas of single-family development within the PUD. The goal of the project is to provide a diverse neighborhood close to existing services and commercial resources within the northern limits of the Kalispell community. This area of Kalispell is currently undergoing a rapid transition due to: • Completion of the U.S. Highway 93 Alternate (Kalispell Bypass) terminating one mile south of the subject property; • Existing municipal water and wastewater facilities within the U.S. Highway 93 right of way; • Anticipated additional wastewater conveyance capacity due to the planned West Side Interceptor Project; and • Multiple recent annexations and a variety of developments underway in the vicinity of the subject property including commercial and residential land uses. The Growth Policy is used to guide development and growth in and around the City of Kalispell, and is the document upon which consideration of development decisions should be based. This purpose is explicitly stated in Chapter 1, Policies 1 and 4. The requested amendment is being submitted by a private landowner to accommodate growth and development in the City of Kalispell in an area where rapid change has occurred since the Growth Policy was written and adopted. Requests to amend the Growth Policy in these Kalispell Growth Policy Amendment — Spartan Holdings, LLC ,�.���1.I June 4, 2018 Page 2 of 9 G R ❑ U P circumstances are allowed pursuant to Policies 6 and 9, as well as Recommendation 5, both of which are found in Chapter 1. The timing of the requested amendment is appropriate given recent commercial and residential growth patterns on the north side of Kalispell as well as the existing and planned improvements to wastewater and transportation infrastructure on the north side of Kalispell. The Growth Policy addresses the timing of development and land use transitions in Chapter 2. Goals 1, 4, 5 and 6 of Chapter 2 address growth and are implemented primarily through Policy 6. The subject property on which the amendment is being requested is adjacent to a major transportation corridor in an area already adjacent to and served by municipal facilities and services. Therefore, the location and timing of the requested amendment to the Future Land Use Map is consistent with Policy 6. Chapter 3 of the Growth Policy establishes goals, policies, and recommendations for housing. The requested amendment would allow for additional "Urban Mixed -Use" land use adjacent to U.S. Highway 93 on the north side of Kalispell. Mixed -use developments typically contain higher -density residential land uses located within a closer proximity to commercial services, sometimes in the same building. Implementation of the "Urban Mixed -Use" future land use designation typically involves urban density housing developed with convenient access to commercial services. Therefore, the requested amendment is consistent with Policies 10 and 11 in Chapter 3. Planning for the development of new commercial districts with a viable mix of commercial services in areas with adequate infrastructure is a goal of the Growth Policy. Goals 1, 2 and 9 of Chapter 4 address the importance of land use planning that is responsive to business needs and trends in commercial growth. To achieve these goals, Policy 7 addresses the location of "Urban Mixed -Use Areas." The subject property is ideally suited for growth that achieves all of the policies for urban mixed -use development, including recreation amenities, access to an urban highway corridor and buffering to prevent the new mixed -use development from encroaching into "established, intact residential areas." The requested amendment is also located within the Highway 93 North Growth Policy Amendment from 2003. Although much has changed since 2003, the requested amendment is generally compliant with the intent of this amendment because it is seeking to locate additional mixed -use development along a highway corridor to help create an integrated neighborhood rather than a linear strip development. Access to U.S. Highway 93 will be limited by existing approaches, and commercial activity will serve both the residential land uses within the development as well as the greater community. b. Project feasibility and a schedule showing the timeframe in which each phase will be completed. Please refer to the attached phasing plan. It is anticipated that each phase illustrated on the plan will take 12 to 24 months to completed. However, please keep in mind that two or more phases may be developed concurrently which may have the effect of compressing Kalispell Growth Policy Amendment — Spartan Holdings, LLC ,�.���1.I June 4, 2018 Page 3 of 9 G R ❑ U P the overall timeline for the PUD to be fully developed. With the above in mind, it is conceivable that the project will take from 5 to 15 years to complete. c. A showing of the conformance of this amendment with the growth policy overall. The growth policy amendment on the lower 40.6 acres of the property is being proposed to create a transitional development opportunity between the current "Urban Mixed -Use" designated area to the south and the currently designated "Suburban Residential" area to the north including 59 acres of the proposed PUD to the north which is adjacent to existing single-family residences within Flathead County jurisdiction further north. The entire proposed PUD area is currently designated as "Suburban Residential" with zoning classifications of R2 PUD on the original 80.6 acres and R2 for the 18.6 new addition. The portion of the PUD area that is proposed to remain under the "Suburban Residential" designation includes the single and two-family lots depicted on the PUD Site Plan. If the two-family lots are all developed as two attached homes, the area will yield a density of 3.66 units per acre which is well within the threshold for suburban residential density. Therefore, approximately 60% of the entire PUD will remain under the suburban residential land use designation and density while 40% of the area to the south will transition to a more intensive land use designation accrued to an existing area designated as "Mixed - Use Urban". In addition, an inventory of the goals, policies, and recommendations contained in the Growth Policy that are applicable to the requested amendment is contained in the applicant's response to Criteria D.a., above. Overall, the Growth Policy seeks to encourage well -designed growth that is efficiently located and beneficial to the community. Mixed - use developments allow for flexibility of design that benefits both the developer as well as the community by accommodating a diversity of office and residential resources based on community need. d. A convincing showing of need. The Flathead Valley has a shortage of workforce housing. High land costs and high costs of entitlement and infrastructure construction contribute to a limited overall supply of rental housing. A limited supply of quality rental housing drives rent prices beyond the reach of many residents. As a result, much of the existing and planned rental housing is located where land is more affordable, but basic goods and services are located too far away to allow a choice between driving, walking or riding a bicycle. Furthermore, the design of many developments fails to incorporate multi -modal transportation facilities. There is a continued need for quality mixed -use development in which residents can live and access basic goods and services with a choice of multi -modal transportation methods. The requested amendment on the subject property will be a worthwhile step towards helping to meet this need and is consistent with the Growth Policy. e. A showing of neighborhood compatibility. Where there are more intensive uses or incompatible uses planned within the plan area or on the boundaries, how the impacts of those uses would be mitigated. Kalispell Growth Policy Amendment — Spartan Holdings, LLC ,�.���1.I June 4, 2018 Page 4 of 9 G R ❑ U P U.S. Highway 93 along the east side of the subject property provides access while buffering from land uses to the west. An extensive open space strip proposed on the PUD site layout further buffers the proposed growth policy amendment area from existing lower density suburban residential development (County jurisdiction) to the north. Since the proposed area is adjacent to and north of the existing armory, the proposed amendment suggests a plausible land use transition from south to north between a diverse proposed and existing residential land use scenario. Therefore, the subject property is buffered from encroachment into the existing neighborhood and mixed land uses are an ideal land use in this location for creating a unique and desirable sense of community and diversity of compatible uses. f. A showing of transportation impacts and general proposed mitigation measures. Please refer to the attached Traffic Impact Study conducted by WGM Group's traffic engineer. The subject property will be primarily accessed from U.S. Highway 93 either directly or via a future connection with Rose Crossing. The latter will take advantage of a future signaled intersection that will improve the viability of safe left hand turns to Kalispell. This access is planned to be improved to a signalized intersection in the near future by the Kalispell North Town Center development. Two other access points will be developed as part of the Eagle Valley Ranch PUD. One will border the north side of the proposed amendment area and the other will be approximately one -quarter mile north. Future access will also be provided to the property south of the Tracts 4 and 8. Future development will also require adequate internal road infrastructure. All future internal roads must be designed and built in compliance with the City of Kalispell Standards for Design and Construction. Therefore, the transportation impacts of changing the current future land use designation from "Suburban Residential" to "Urban Mixed Use" will be minimal given the multiple design review procedures and impact mitigation requirements applicable at the time of development. g. A listing of the environmental impacts associated with the plan amendment. The area of the subject property is generally free of sensitive environmental conditions that could be negatively impacted by development. There are no at -risk existing developments that may be disproportionately impacted in this location. There are no historic structures or sensitive religious land uses in the area. Urban mixed -use development such as multifamily housing or professional offices generally do not disproportionately create objectionable byproducts that may negatively impact the human Kalispell Growth Policy Amendment — Spartan Holdings, LLC ,�.���1.I June 4, 2018 Page 5 of 9 G R ❑ U P population such as smoke, fumes, noise, detrimental electromagnetic fields, changes in air temperature, solid waste, or chemicals that must be treated and/or disposed. Urban mixed -use development in the area of the requested growth policy amendment will not alter the social structure of the community or require relocating people or jobs. Urban mixed -use development generally contributes students to public schools, additional demand for public health services and parks and recreation programming. However, urban mixed -use development also contains land uses that typically contribute to the tax base at a level that creates a net benefit to community services and infrastructure. Traffic associated with commercial development can negatively impact the human environment if located adjacent to incompatible land uses or if access is not adequately designed for safety and efficiency. Aesthetics of any development can negatively impact the human environment if development occurs in a manner that is inconsistent with the scale and context of the area or inconsiderate of the needs of all community members. Signage that is unsightly or unsafe can also negatively impact the human environment. Once the proposed PUD is approved by the City of Kalispell, future development of the subject property will be required to demonstrate careful overall design as well as meet city standards for access, parking and internal circulation as well as signage and architecture. The City of Kalispell regulates the design and construction of development using the Kalispell Zoning Ordinance and the City of Kalispell Standards for Design and Construction. Meeting these standards will ensure no disproportionately negative impacts to the human environment as a result of traffic or the aesthetics of a development project. Finally, the location of the requested growth policy amendment is adjacent to U.S. Highway 93 and access will be reviewed by the Montana Department of Transportation. h. A listing of all know site hazards and general mitigation strategies Once the Eagle Valley Ranch PUD is approved by the City of Kalispell, any future development within the area of the requested amendment will also be required to meet city standards for storm water design found in Chapter 4 of the City of Kalispell Standards for Design and Construction. Meeting these standards will ensure no disproportionately negative impacts to the natural environment as a result of increased impervious surface or storm water runoff from a development project. i. A strategy for the adequate provision of local services (1). Water A municipal water facility is located adjacent to the west side of the subject property on the west side of the U.S. Highway 93 right of way. Accessing any City of Kalispell water facility in the future will require coordination with the City of Kalispell Public Works Department and compliance with Section 3.2 of The City of Kalispell Standards for Design and Construction. Kalispell Growth Policy Amendment — Spartan Holdings, LLC ,�.���1.I June 4, 2018 Page 6 of 9 G R ❑ U P (2). Sewer A municipal wastewater facility (gravity main) is located on the west side of the U.S. Highway 93 right of way. Accessing this City of Kalispell sanitary sewer facility in the future will require coordination with the City of Kalispell Public Works Department and compliance with Section 3.3 of The City of Kalispell Standards for Design and Construction. (3). Police The Kalispell Police Department will provide routine patrol of the area and response in the event of an emergency. Given the exemplary resource utilization and response times of the Kalispell Police Department and proximity of the subject property to U.S. Highway 93, adequate law enforcement services can be anticipated at the time of development. (4). Fire The City of Kalispell's north side Station 62 is located at 255 Old Reserve Drive and is currently approximately 2 road miles away from the subject property. Future development will be required to meet City of Kalispell Fire Code, including sprinklers and exit signage for large multi -family and commercial structures. Given the close proximity of a City of Kalispell fire station and the likelihood of development including commercial structures built to modern fire codes, fire services will be adequate to serve the subject property in the future. (5). Parks and open space, trails and pedestrian ways The proposed Eagle Valley Ranch PUD that includes the 40.6 acre subject amended growth policy area will include extensive open space and connective trails and sidewalks. Inclusion within the PUD will entitle owners or enters within the overall neighborhood to enjoy the open space opportunities provided. Following the PUD approval, the developer will generate a master plan for the improvement of the open spaces including an integrated landscape plan for the PUD. (6) . Storm water Mitigating the impacts of storm water runoff will be the responsibility of the developer at the time of development. In the City of Kalispell Standards for Design and Construction, Chapter 4 is entirely devoted to the subject of storm water design. Storm water management facilities will be designed and constructed at the time of development to maintain the Kalispell Growth Policy Amendment — Spartan Holdings, LLC June 4, 2018 Page 7 of 9 DOWN RA r 0 rl 11 P pre -developed runoff condition in the area of the requested growth policy amendment. (7). Schools Urban mixed -use development typically includes high -density residential land uses as well as commercial land uses. High -density residential land uses typically contribute school -age children to the local school district. Commercial development typically does not introduce significant impacts to community schools. Although office development does not increase demand for services from schools, commercial development does pay taxes to the local school district and this commercial tax revenue can be an important source of school funding. (8) . Gas, electricity Location and extension of necessary utilities such as gas, electric, cable, and telephone will be coordinated with service providers at the time of development. Electricity and telephone are already available in the U.S. Highway 93 right of way. Given the proximity of the subject property to other urbanized areas of the City of Kalispell, other utilities are likely available to be extended as necessary at the time of development. i. A showing of the appropriateness of the proposed location of the project. The location and unique attributes of the subject property are consistent with policies for mixed -use land uses and development found in Chapter 4 of the Growth Policy. The property is in fact adjacent to the current northern extent of the City's current "Urban Mixed -Use" land use designation. Given the parallel proposed underlying PUD development, it makes good sense to move the designation north to cover an area that will transition from mixed -use to residential development. The subject property lends itself to a system of pathways that take advantage of the proposed diverse and compatible land uses. The highway frontage allows for office/mixed-use land uses that blend and transition to residential land uses with increased distance from the highway. The buffers surrounding the property prevent encroachment of the mixed -use development into established, intact residential areas. Lastly, the subject property is uniquely situated to provide desirable space for a live, work and shop arrangement by providing valuable spaces for a variety of products including professional offices, multi -family residential and even recreational accommodations. j. The extent to which the plan departs from the existing growth policy and the reasons why such departures are or are not deemed to be in the public interest. Kalispell Growth Policy Amendment — Spartan Holdings, LLC 1�.���1.I June 4, 2018 Page 8 of 9 The Growth Policy is replete with goals, policies and recommendations regarding the need for growth and development to occur in areas of existing facilities and services. The requested amendment would change the future land use on approximately 40.6 acres from "Suburban Residential" to "Urban Mixed -Use." The subject property is already adjacent to a large area of "Urban Mixed -Use" designation to the south that is now beginning to develop. Part of that development includes an extension of Rose Crossing from Whitefish Stage Road west to U.S. Highway 93 with a signalized intersection at the highway. The subject property can use this signalized intersection for efficient, convenient and safe access. Municipal water and wastewater facilities are located within the U.S. Highway 93 right of way adjacent to the subject property. Other municipal and emergency services are already provided to property near the subject property. Therefore, amending the Kalispell Growth Policy Future Land Use Map to increase the "Urban Mixed -Use" future land use designation on the east side of the future intersection of Rose Crossing and U.S. Highway 93 is not a departure from the existing growth policy. The requested amendment to the Kalispell Growth Policy Future Land Use Map will, in fact, bring the map into better compliance with the stated goals, policies, and recommendations of the text of the Kalispell Growth Policy. k. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: SEE ATTACHED EXHIBITS (1).Property boundary locations. (2).Site hazards or environmental constraints including area of steep slopes (10% and 25%), floodplain and flood way, drainage or streams; (3).Total acreage, current growth policy designation and present zoning classifications; (4).Growth policy and zoning classification of all adjoining properties; (5).Assignment of major land use categories. A showing of density and intensity of major land uses including, for example, dwelling units per gross acre, square footages of commercial/acre, square footage of industrial uses/acre, potential public facilities and buildings, open space uses, etc. (6).Collector and arterial road systems. Any unusual road features (bridges, frontage roads, etc.) (7).Location and type of significant open space ,common areas or substantial buffers, and major pedestrian trail systems; (8).Proposed schedule of completions and phasing of the development, if applicable; Kalispell Growth Policy Amendment — Spartan Holdings, LLC June 4, 2018 Page 9 of 9 1`A"We MA r 0 fI 11 P (9).Existing covenants, conditions and restrictions which would significantly alter development within the area; (10).Special or unusual design features intended to mitigate identified site hazards. (11).Any other information that may be deemed relevant and appropriate to allow for adequate review. The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning Department staff to be present on the property for routine monitoring and inspection during review process. APPLICANTS SIGNATURE BLVA1d ATTACHMENTS & EXHIBITS • Draft CC&R's • Draft Design Guidelines • Legal Description • Title Reports • Preliminary Geotechnical Investigation DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR EAGLE VALLEY RANCH This Declaration of Covenants, Conditions and Restrictions for Eagle Valley Ranch ("Declaration") is made as of , 2018, by Spartan Holdings LLC, L.L.C., a Montana limited liability company ("Declarant"). INTRODUCTION TO THE COMMUNITY Declarant is the owner of the real property legally described in Exhibit A attached hereto which is within the master planned community commonly referred to as Eagle Valley Ranch, in Kalispell, Montana ("Eagle Valley Ranch"). This Declaration creates mutually beneficial covenants, conditions and restrictions for such property and establishes a flexible but reasonable procedure for its overall development, administration, maintenance and preservation. As part of the development plan, Declarant has formed the Eagle Valley Ranch Community Association, Inc., an association comprised of all Owners in Eagle Valley Ranch. By executing this Declaration, Declarant intends to create an environmentally -sensitive community boasting a high quality of life for its residents. The Eagle Valley Ranch Community Association, Inc. will be responsible for implementing the Declarant's goals for the community, as they are expressed herein. Foremost among these goals is the Declarant's desire to preserve and display the natural beauty of the surrounding environment through the plan of development and the uses of the land. ARTICLE 1 CREATION OF THE COMMUNITY 1.1 Initial Declaration. Declarant hereby declares that the property described in Exhibit "A" and any additional property subjected to this Declaration by Supplemental Declaration shall be held, sold, used, and conveyed subject to the covenants, conditions, and restrictions herein which shall run with the title to the land. This Declaration shall be binding on and shall inure to the benefit of all parties having any right, title, or interest in the Properties or any part thereof, their heirs, successors, successors -in - title, and assigns. 1.2 Duration. Unless terminated as provided below, this Declaration shall have perpetual duration. Unless otherwise provided by Montana law, in which case such law shall control, this Declaration may not be terminated within 20 years of the date of recording without the consent of all Owners. After 20 years from the date of recording, this Declaration may be terminated only by an instrument in writing, signed by the Association Page 1 and approved by sixty-seven percent (67%) of the then Owners. Such an instrument shall then be recorded in the Official Records to evidence the termination of this Declaration. ARTICLE 2 CONCEPTS AND DEFINITIONS The terms used in this Declaration and not otherwise defined shall generally be given their natural, commonly accepted definitions except as otherwise specified. Certain capitalized terms shall be defined as set forth below. 2.1 "Architectural/Design Review Committee". Declarant or Board may create, subject to provisions of it shall determine in its discretion, to review construction and architectural standards. The committee which the , and at such time as administer and enforce 2.2 "Area of Common Responsibility". Any areas, real property, amenities, roads and easements which become the responsibility of the Association, including but not limited to, Common Areas, wetlands, ponds, designated parks, trails for use by Owners, access roads, road right-of-ways, the storm water system which includes ditches and drainage systems, picnic and parking areas, perimeter fencing (if any), entry gates (if any), water storage facilities. Furthermore, the Association shall be responsible for cleaning of said areas. 2.3 "Articles". The Articles of Incorporation of Eagle Valley Ranch Community Association, Inc., as they may be amended from time to time. 2.4 "Association". Eagle Valley Ranch Community Association, Inc., a Montana nonprofit corporation, its successors and assigns. 2.5 "Base Assessment" orARegularAssessment" Assessments levied on all Units to fund Common Expenses, as more particularly described in Article 2.6 "Benefited Assessment". Assessments levied on one or more but less than all Units, as more particularly described under Section 6.6. 2.7 "Board of Directors" or "Board". The body responsible for administration of the Association. 2.8 "Builder'. Any Person which purchases one or more Units or parcels of land within Eagle Valley Ranch for the purpose of constructing improvements for later sale to consumers, or for further subdivision, development, and/or resale in the ordinary course of such Person's business. Page 2 2.9 "By -Laws". The By -Laws of Eagle Valley Ranch Community Association, Inc., as they may be amended from time to time. 2.10 "Class "B" Control Period". The period during which the Class AB" Member is entitled to appoint a majority of the Board as provided in Article VI below. 2.11 "Common Area". All real and personal propertywhich the Association now or hereafter owns, leases, has easement rights to, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners. The term may include, without limitation, recreational facilities, entry features, signage, landscaped medians, lakes, streams, water courses and wetlands, as well as hiking, walking and bicycle trails that Declarant may convey to the Association on such terms and conditions as the Association may approve. 2.12 "Common Expenses". The actual and estimated expenses incurred or anticipated to be incurred by the Association that are deemed by the Board to be for the general benefit of all Units, including expenses with respect to the Common Area and Area of Common Responsibility, reasonable management fees, expenditures for capital -type items, expenses payable under any Covenant to Share Costs, and any reasonable re- serve, as the Board may find necessary or appropriate. 2.13 "Covenant to Share Costs". Any declaration or other instrument executed by Declarant or the Association which creates easements or other rights for the benefit of the Association (or its Members) and the present and future owners of the real property subject to such declaration or other instrument and/or which obligates the Association and such owners to share the costs as described therein. Any Covenant to Share Costs may affect less than all Owners. 2.14 "Declarant". Spartan Holdings, L.L.C., a Montana limited liability company, or any successor, or assignee thereof designated as the Declarant in a written instrument executed by the immediately -preceding Declarant. 2.15 "Design Guidelines". The architectural, design, development, and other guidelines, standards, controls, and procedures promulgated by the Declarant orthe Board including, but not limited to, application and review procedures, as they may be amended from time to time; including, but not limited to, the Eagle Valley Ranch Design Guidelines. 2.16 "Dwelling Unit". All single family residences located within a building and used or intended to be used for a single-family residential use in conformity with the Governing Documents, including any garages, carports, open or closed patios and basements, as originally constructed. 2.17 "Governing Documents". This Declaration together with the Articles and By -Laws of the Association, any declaration of easements, Covenants to Share Costs, Page 3 the Design Guidelines, Use Restrictions, and any rules, regulations or policies adopted by the Board shall contain the standards for the Properties and the Association. 2.18 "Master Plan". The Master Plan for the development of Eagle Valley Ranch filed with the County of Flathead, City of Kalispell, Montana, as it may be amended, updated, or supplemented from time to time. Inclusion of property on the Master Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration nor shall the exclusion of property from the Master Plan bar its later annexation. 2.19 "Member". A Person entitled to membership in the Association as an Owner of a Unit or Lot as designated on the final plat of Eagle Valley Ranch. 2.20 "Mortgage". A mortgage, deed of trust, deed to secure debt, or any other form of security deed. 2.21 "Mortgagee". A beneficiary or holder of a Mortgage. 2.22 "Official Records." The Office of the County Recorder of Flathead County, Montana. 2.23 "Owner". Collectively, one or more Persons who hold the legal or equitable title to any Unit or Lot as is designated on the final plat for Eagle Valley Ranch, of Eagle Valley Ranch, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a contract of sale, the purchaser (rather than the fee owner) will be considered the Owner, unless the contract specifically provides otherwise. 2.24 "Person". A human being, a corporation, a limited liability company, a partnership, a trustee, or any other legal entity. 2.25 "Properties". The real property described in Exhibit "A", togetherwith any additional property annexed and made subject to this Declaration. 2.26 "Reviewing Body". The body authorized to exercise architectural review pursuant to Article 3. 2.27 "Special Assessment". Assessments levied against all Owners to cover unanticipated costs, as more particularly described in Article 6. 2.28 "Supplemental Declaration". An amendment or supplement to this Declaration filed which subjects additional property to this Declaration, identifies any Common Area within the additional property, and/or amends, expressly or by reference, additional restrictions and obligations on the land described therein. Page 4 2.29 "Unit". A portion of the Properties, whether improved or unimproved, which may be independently owned and is intended for development, use, and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. 2.30 "Lot". Any portion of the real property which is separately identified on the final plat for Valley Villages, which can be conveyed, sold or transferred via a warranty deed conveying indefeasible title to that particular piece of real property. 2.31 "Use Restrictions". The rules and use restrictions adopted by the Board, as they may be modified, canceled, limited or expanded. ARTICLE 3 ARCHITECTURAL APPROVAL 3.1 General Requirement for PriorApproval. No structure or improvement of any type whatsoever shall be placed, erected or installed upon any portion of the Properties, no alterations or improvements of or additions to the existing landscaping, and no improvements (including staking, clearing, excavation, grading, and other site work, and exterior alteration of existing improvements) shall take place within the Properties without the approval of the Reviewing Body, as established pursuant to Section 3.2. In addition to the construction of dwellings and other buildings, it is specifically intended that the placement or positioning of other structures (etc..., without limitation, fences, signs, antennae and satellite dishes, clotheslines, playground equipment, basketball hoops, pools, propane and other fuel tanks (other than portable gas grills), lighting, temporary structures, solar devices, and artificial vegetation) on the exterior of any Unit or other portion of the Properties shall require the approval of the Reviewing Body which approval shall be consistent with applicable law. Modifications to the interior of screened porches, patios, and similar portions of a Unit visible from outside the structures on the Unit shall be subject to this Article. 3.2 Architectural Review. (a) New Construction. Until expiration of the Class "B" Control Period, the Declarant or the Design Review Committee ("DRC"), if one has been established, shall have exclusive authority to administer and enforce the architectural controls created pursuant to this Declaration and to review and act upon all applications submitted for approval. There shall be no surrender of this right prior to the expiration of the Class AB" Control Period except in a written instrument executed by Declarant and delivered to the Board. The DRC, if established, shall consist of at least three persons who shall serve and may be Page 5 removed in the Declarant's sole discretion during the Class "B" Control Period and thereafter shall be appointed and removed by the Board. (b) Fees; Assistance. The Board may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, landscape architects, engineers or other professionals (and may also include an additional refundable deposit, all or any portion of which may be retained by the Association if it is determined by the Reviewing Body that the applicant or any Person acting on behalf of the applicant has failed to comply with the Governing Documents). The Declarant and the Association may employ architects, engineers, or other persons as deemed necessary to perform the review. The Board may include the compensation of such persons in the Association's budget as a Common Expense. 3.3 Guidelines and Procedures. (a) Design Guidelines. The Declarant has prepared initial Design Guidelines which shall apply to all matters requiring approval pursuant to this Declaration, which are incorporated herein by this reference and shall be maintained by the Board. The Design Guidelines, as amended from time to time, may contain general provisions applicable to all of the Properties, as well as specific provisions which vary from one portion of the Properties to another depending upon location, unique characteristics, intended use, the Master Plan, and any applicable zoning ordinances. The Design Guidelines are intended to provide guidance to Owners regarding matters of particular concern in considering applications hereunder. The Design Guidelines are not the exclusive basis for decisions of the Reviewing Body, and compliance with the Design Guidelines does not guarantee approval of any application. During the Class "B" Control Period, the Declarant shall have the sole authority to amend the Design Guidelines from time to time in its discretion. Thereafter, the DRC shall have the authority to amend the Design Guidelines, in a manner consistent with the philosophy for the development of Eagle Valley Ranch as set forth in Article III, with the consent of the Board, and ratification by the affirmative vote or the written consent, or any combination thereof, of Members representing at least 51 % of the total Class "A" votes. Subject to Article III, there shall be no limitation on the scope of amendments to the Design Guidelines; the Declarant is expressly authorized to amend the Design Guidelines to remove requirements previously imposed or otherwise to make the Design Guidelines more or less restrictive in whole or in part. The Association shall make the Design Guidelines, as amended from time to time, available to Owners and Builders who seek to engage in development Page 6 or construction within the Properties, and all such Persons shall conduct their activities in accordance with such Design Guidelines. In the Declarant's discretion, any amended Design Guidelines may be recorded in the Official Records, in which event the recorded version, as it may be amended from time to time, shall control in the event of any dispute as to which version of the Design Guidelines was in effect at any particular time. All structures and improvements constructed upon a Unit shall be constructed in substantial compliance with the plans and specifications for such improvements submitted and approved by the Reviewing Body. So long as the Reviewing Body has acted in good faith, its findings and conclusions with respect to appropriateness of, applicability of, or compliance with the Design Guidelines and this Declaration shall be final. (b) Procedures. Prior to commencing any activity requiring approval under this Article V, an Owner shall submit an application for approval of the proposed work to the Reviewing Body. Such application shall be in the form required by the Reviewing Body and shall include, but not be limited to, plans and specifications (APlans") showing site layout, structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage, lighting, irrigation, utility facilities layout and screening therefore and other features of proposed construction, as required by the Design Guidelines and as applicable. The Reviewing Body may require the submission of such additional information as it deems necessary to consider any application. In reviewing each submission, the Reviewing Body may consider whatever reasonable factors it deems relevant, including, but not limited to, visual and environmental impact, ecological and archeological compatibility, natural platforms and finish grade elevation, harmony of external design with surrounding structures and environment, location in relation to surrounding structures and plant life, compliance with the general intent of the environmental and design philosophy stated in Article III, and architectural merit. Decisions may be based purely on aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. The Reviewing Body shall, within the period specified in the Design Guidelines, advise the party submitting the same, in writing, at an address specified by such party at the time of submission, of (i) approval of Plans, or (ii) segments or features of the Plans which are deemed to be inconsistent or not in conformity with this Declaration and/or the Design Guidelines. If the Reviewing Body fails to advise the submitting party by written notice within the period specified in the Design Guidelines of either the approval or disapproval and suggestions for curing objec- tions, approval shall be deemed to have been denied unless the Reviewing Body fails to respond within an additional 30 days following written request from the Page 7 applicant, in which case approval shall be deemed as having been given. Notice shall be deemed to have been given at the time the envelope containing such notice, properly addressed, and postage prepaid, is deposited with the U.S. Postal Service, registered or certified mail, return receipt requested. Personal delivery, electronic and facsimile transmission of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the submitting party. If construction does not commence on a project for which Plans have been approved within 180 days of such approval, such approval shall be deemed withdrawn, and it shall be necessary for the Owner to resubmit the Plans to the Reviewing Body for reconsideration. If construction is not completed on a project for which Plans have been approved within one and one-half years of such approval, such approval may, in the sole discretion of the Reviewing Body, be deemed withdrawn, and such incomplete construction shall then be deemed in violation of this Declaration. 3.4 No Waiver of Future Approvals. Each Owner acknowledges that the members of the Board and Reviewing Body will change from time to time and that interpretation, application and enforcement of the Governing Documents may vary accordingly. Approval of proposals, plans and specifications, or drawings for any work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar proposals, plans and specifications, drawings, or other matters subsequently or additionally submitted for approval. Should the Reviewing Body permit non -conforming improvements, it shall not be construed as a waiver of future enforcement rights or permission for future noncompliance. 3.5 Variances. The Reviewing Body may authorize variances or deny approvals (a) when reasonable circumstances dictate, such as unusual topography, natural obstructions, hardship or aesthetic or environmental considerations, and (b) when construction in substantial accordance with the variance would be consistent with the purposes of the Declaration and compatible with existing and anticipated uses of adjoining properties, or construction if not disapproved would have a significant detrimental effect on adjoining properties or Eagle Valley Ranch. To that end, a variance shall not be authorized unless the Reviewing Body shall find, upon sufficient evidence: (i) that there are special circumstances or conditions applying to the lot, building or use referred to in the plans which do not apply to other properties within Eagle Valley Ranch; and, (ii) that such special circumstances were not created by the owner/applicant; and, (iii) that approval of the variance is necessary for the preservation and enjoyment of substantial property rights; and, (iv) that approval of the variance will not be materially detrimental to the existing and anticipated used of adjoining properties or Eagle Valley Ranch. Notwithstanding the above, the Reviewing Body may not authorize variances without the consent of the Declar- ant during the Class "B" Control Period. Page 8 3.6 Limitation of Liability. Neither the Declarant, the Association, the Board, the DRC, nor any member or officer of the foregoing, shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither the Declarant, the Association, the Board, the DRC, nor any member or officer of any of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all such matters, the Declarant, the Board, the DRC and their members and officers shall be defended and indemnified on demand by the Association, including as provided in the By - Laws. 3.7 Enforcement. All approvals granted hereunder shall be deemed conditioned upon completion of all elements of the approved work and all work previously approved with respect to the same Unit, unless approval to modify any application has been obtained. The Association shall be primarily responsible for enforcement of this Article in accordance with the Governing Documents. If, however, in the discretion of the Declarant, the Association fails to take appropriate enforcement action within a reasonable time period, the Declarant, during the Class AB" Control Period or for so long as it owns any portion of the Properties or has a right to annex property pursuant to Section 9.1, shall be authorized to exercise any enforcement rights which could have been exercised by the Association. COMMUNITY GOVERNANCE AND ADMINISTRATION ARTICLE 4 THE ASSOCIATION AND ITS MEMBERS 4.1 Functions of Association. The Association shall be (i) the entity responsible for management, maintenance, operation and control of the Area of Common Responsibility; (ii) the primary entity responsible for compliance with and enforcement of the Governing Documents; and (iii) the entity permitted to provide for and fund such community activities and services as deemed necessary, appropriate or desired in accordance with the Governing Documents. The Association shall also be responsible for preparing those statements and certificates required under Montana law. Any action, approval, duty or other matter to be performed or undertaken by the Association or the Board under the terms of the Governing Documents may be delegated in writing to any - other person if the Board determines such delegation to be in the best interests of the Owners. The Association shall perform its functions in accordance with the Governing Documents and Montana law. 4.2 Membership. Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, Page 9 all co -Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 4.3(c) and in the By -Laws, and all such co -Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised only by any officer, director, partner or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 4.3 Voting. The Association shall have two classes of membership, Class "A" and Class `B." (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one vote for each Unit in which they hold the interest required for membership under Section 4.2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 6.11. All Class "A" votes shall be cast as provided in Section 4.3(c) below. If a Unit consists of real property which has not been platted into individual Units, the Owner of such Unit shall be deemed to own the number of Units equal to the maximum number of individual units permitted for such Unit under the appropriate Master Plan. (b) Class "B". The sole Class "B" Member shall be the Declarant. The Class "B" Member may appoint a majority of the members of the Board until termination of the Class "B" Control Period, as set forth below. Additional rights of the Class AB" Member, including the right to approve, or withhold approval of, actions proposed under this Declaration, the By -Laws and the Articles, are specified in the relevant sections of this Declaration, the By -Laws and the Articles. The Class "B" membership, and thus the Class "B" Control Period, shall terminate upon the earlier of: (1) when 75% of the total number of Units permitted under the most current Master Plan have been conveyed to Owners other than the Declarant or affiliates thereof; (2) 7 years after the first sale of a Unit or Lot within the real property. (3) when, in its discretion, exercised in writing and delivered to the Board and recorded in the Official Records, the Declarant so determines. Upon termination of the Class "B" membership, the Declarant shall be a Class "A" Member, entitled to as many votes as it owns Units. Page 10 (c) Exercise of Voting Rights. Except as otherwise specified in this Declaration or the By -Laws, the vote for each Unit owned by a Class AA" Member shall be exercised by such Owner. In any situation where a Member is entitled personally to exercise the vote for his or her Unit, and there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the Co -Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person seeks to exercise it. Unless otherwise provided in this Declaration, any act for which the vote of the Members is required shall be approved if consented to by those Members whose combined votes constitute more than fifty percent (50%) of all votes attributable to the Members entitled to vote thereon at any meeting or action in lieu of a meeting at which a quorum is present. ARTICLE 5 ASSOCIATION POWERS AND RESPONSIBILITIES 5.1 Acceptance and Control of Association Property. The Association may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant may convey to the Association improved or unimproved real estate located within the Properties, including personal property and leasehold and other property interests. Such property shall be accepted by the Association and thereafter shall be maintained as Area of Common Responsibility by the Association at its expense for the benefit of its Members. 5.2 Maintenance of the Area of Common Responsibility. (a) The Association shall maintain and keep in good repair the Area of Common Responsibility. The Association may also maintain and improve other property which it does not own, including, without limitation, arroyos, ditches, water courses, wetlands, streams, water courses, and stream beds, wildlife habitats, and property, including any trail systems, that may be dedicated to public use, if the Board determines that such maintenance is necessary or desirable and if otherwise permitted by applicable law. Except as otherwise specifically provided herein, all costs for maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense allocated among all Units as part of the Base Assessment, without prejudice to the right of the Association to seek reimbursement from Persons responsible for such work pursuant to this Declaration, any Covenant to Share Costs, other recorded covenants, or agreements with such Persons. Page 11 (b) The Association shall maintain the facilities and equipment within the Area of Common Responsibility in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform required maintenance or repairs, unless the Board and the Class "B" Member, if any, agree in writing to discontinue such operation. (c) The costs associated with maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense; provided, the Association may seek reimbursement from the Owner(s) of, or other Persons responsible for, certain portions of the Area of Common Responsibility pursuant to this Declaration, any Covenant to Share Costs, other recorded covenants, or agreements with the owner(s) thereof. Nothing in this Section 5.2 shall prejudice the right of the Association to seek reimbursement from any Person whose negligent or wrongful acts or omissions necessitated such repairs or replacement. 5.3 Maintenance in Public Rights -of -Way. The Association may, in its reasonable discretion, locate and maintain all improvements that are located within or on public easements or public rights -of -way in accordance with applicable ordinances of the City of Kalispell, Montana and/or County of Flathead, Montana, and the terms of any easements or licenses applicable. 5.4 Insurance. To the extent deemed reasonably necessary by the Board, the Association shall obtain and continue in effect whatever insurance the Board deems necessary, including, but not limited to, property insurance, liability insurance, and Directors and officers Errors and Omissions insurance. 5.5 Compliance and Enforcement. (a) Every Owner and every occupant of a Unit shall comply with the Governing Documents and all rules, regulations and policies of the Association. The Board may impose sanctions for violation of the foregoing, after notice and an opportunity for a hearing in accordance with the procedures set forth in the By - Laws. Such sanctions may include, without limitation, some or all of the following: (1) reasonable monetary fines (including for failure to grant reasonable permission to enter a Unit as may be reasonably requested by the Association in accordance with this Declaration) which shall constitute a lien upon the violator's Unit. (If any occupant, guest or invitee of a Unit violates the Declaration, the By -Laws or any rule or regulation and a fine is imposed, the fine shall first be assessed against the occupant; provided, however, 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 Board). Such fines shall be levied in accordance with applicable law. Page 12 (2) suspending an Owner's right to vote; (3) suspending any Person's right to use any recreational facilities within the Common Area (provided, however, nothing herein shall authorize the Board to prohibit ingress or egress to or from a Unit); (4) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the Association; (5) exercising self-help or taking action to abate any violation of the Governing Documents in a non -emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of any applicable parking rules and regulations); (6) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Unit or Lot in violation of Article 3 and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (7) without liability to any Person, precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article 3 from continuing or performing any further activities in the Properties; and (8) levying Benefited Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. (b) In addition, the Board may take the following enforcement procedures to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the By -Laws: (1) exercising self-help in any emergency situation; and (2) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the provisions of the Governing Documents or any rule or regulation, the Association shall be Page 13 entitled to recover all costs, including, without limitation, attorneys fees and court costs, reasonably incurred in such action. The Association shall not be obligated to take action to enforce any covenant, restriction, or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent with the applicable law, or in any case in which the Board reasonably determines that it would not be economically prudent or would otherwise not be of sufficient benefit to the Association to justify taking enforcement action. Any such determination shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or stop the Association from enforcing any other covenant, restriction or rule. The Association shall have the right to enter private property to enforce rules, after written notification, such as to manage weeds, correct drainage issues, service easements, maintain fencing, and inspect the grounds or activities. If violations are found the Association shall have the right to 1) fine the negligent Owner per day for said continued violation and the fines shall be a continuing lien upon the Owners property, 2) correct the violation and charge the Owner -Lot Owner for the reasonable cost thereof, and/or maintain any action in law or equity for enforcement of the covenants. 5.6 Implied Rights; Board Authority. The Association may exercise any right or privilege given to it expressly by the Governing Documents or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. Except as otherwise specifically provided in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. 5.7 Disclaimer of Liability. Neither the Association, the Board, any officers or committee members of the Association, the Association's management company, the Declarant, nor any successor Declarant shall be liable or responsible for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines, or utility sub -stations adjacent to, near, over, or on the Properties. Each Owner and occupant of a Unit and each tenant, guest, and invitee of any Owner, Declarant, or occupant shall assume all risk of personal injury, illness, or other loss or damage arising from the presence or malfunction of utility lines, utility sub -stations, and electromagnetic fields and further acknowledges that the Association, the Board, the officers of the Association, the management company of the Association, the Declarant or any successor Declarant have made no representations or warranties, nor has any Owner or occupant, or any tenant, guest, or invitee of any Owner, Declarant, or occupant relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility sub -stations, or electromagnetic fields. No provision of the Governing Documents shall be interpreted as creating a duty of the Association, the Board, the officers of the Association, the management Page 14 company of the Association, the Declarant nor any successor Declarant to protect or further the health, safety or welfare of any Person(s), even if the funds of the Association are used for any such purpose. Each Owner (by virtue of his or her acceptance of title to his or her Unit) and each other Person having an interest in or lien upon, or making any use of, any portion of the Properties (by virtue of accepting such interest or lien or making such use) shall be bound by this Section 5.7 and shall be deemed to have waived any and all rights, claims, demands and causes of action against the Association, the Board, the officers of the Association, the Association's management company, the Declarant and any successor Declarant arising from or connected with any matter for which the liability has been disclaimed. 5.8 Security. It is the goal of all Owners, including Declarant, to have a safe and healthy environment. The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be; provided, neither the Association, the Board, the officers of the Association, the Association's management company, nor the Declarant or any successor Declarant, shall in any way be considered insurers or guarantors of security within the Properties. Neither the Association, the Board, the officers of the Association, the Association's management company, nor the Declarant or any successor Declarant shall be held liable for any loss or damage for failure to provide adequate security or for the ineffectiveness of security measures undertaken. 5.9 Pedestrian Trail System Open to the Public. All Owners hereby ac- knowledge that hiking, bicycle, pedestrian or similar type trail system or systems located within all or a portion of the Properties may be maintained by the Association, and may be open for the use and enjoyment of the public in accordance with any applicable rules, regulations and ordinances of the City of Kalispell, Montana and/or County of Flathead, Montana. ARTICLE 6 ASSOCIATION FINANCES 6.1 Budgeting and Allocating Common Expenses. Not less than 30 days before the beginning of each fiscal year, the Board shall prepare a budget covering the Common Expenses estimated to be incurred during the coming year. The budget may include a reserve fund as provided below. The Base Assessment shall be levied equally against all Units subject to assessment and shall be set at a level which is reasonably expected to produce total receipts for the Association equal to the total budgeted Common Expenses, including contributions to reserves. In determining the level of assessments, the Board, in its Page 15 discretion, may consider other sources of funds available to the Association. In addition, the Board shall take into account the number of Units subject to assessment under Section 6.9 on the first day of the fiscal year for which the budget is prepared and the number of Units reasonably anticipated to become subject to assessment during the fiscal year. The Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 6.4), which may be either a contribution, an advance against future assessments due from the Declarant, or a loan, in the Declarant's discretion. Any such subsidy shall be disclosed as a line item in the Common Expense budget. The payment of such subsidy in any year shall not obligate the Declarant to continue payment of such subsidy in future years. Notice of assessments shall be posted in a prominent place within the Properties and included in the Association's newsletter, if any. If the Board fails for any reason to determine the budget for any year, then and until such time as a budget shall have been determined, the budget in effect for the immediately preceding year shall continue for the current year. 6.2 Budgeting for Reserves. The Board shall prepare, on an annual basis, reserve budgets which take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost of each asset. Such reserve budgets may also anticipate making additional capital improvements and purchasing additional capital assets. The Board shall include in the Base Assessments reserve contributions in amounts sufficient to meet these projected needs, if any, as well as reserves to meet any other reasonable purpose, including reserves for delinquent assessments. The Board may adopt resolutions regarding the expenditure of reserve funds, including policies designating the nature of assets for which reserve funds may be expended. During the Class "B" Control Period, neither the Association nor the Board shall adopt, modify, limit, or expand such policies without the Declarant's prior written consent. 6.3 Authority to Assess Owners, Time of Payment. The Association may levy assessments against each Unit for Association expenses as the Board may specifically authorize from time to time. There shall be four types of assessments for Association expenses: (a) Base Assessments; (b) Special Assessments; and (c) Benefited Assessments. Each Owner, by acquiring legal or equitable title for any portion of the Prop- erties, is deemed to covenant and agree to pay these assessments. Assessments shall be paid in such manner and by such dates as the Board may establish. If any Owner is delinquent in paying any assessments or other charges levied on his or her Unit, the Board may assess a late charge and require unpaid installments of all outstanding assessments to be paid in full immediately. Page 16 6.4 Declarant's Option to Fund Budget Deficits. During the Class "B" Control Period, Declarant may annually elect either to pay assessments on all of its unsold Units or to pay the shortage (or operating deficit), if any, for such fiscal year; provided however, Declarant shall not be responsible for any shortage resulting from the failure of any Owner to pay assessments applicable to such Owner. Such "shortage" shall be deemed to exist if Income and Revenues, as defined in paragraph (a) below, are less than Expenditures incurred, as defined in paragraph (b) below. (a) Income and Revenues are: the amount of all income and revenue of any kind received and/or earned by the Association, excluding refundable deposits. (b) Expenditures are: the amount of all actual operating expenses incurred, or obligated for, by the Association during the fiscal year, including any reserve contributions for such year, but excluding all non -cash expenses such as depreciation or amortization, all expenditures and reserve contributions for making additional capital improvements or purchasing additional capital assets, and all expenditures made from reserve funds. (c) Unless the Declarant otherwise notifies the Board in writing at least 60 days before the beginning of each fiscal year, the Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. The Association is specifically authorized to enter into subsidy contracts or contracts for "in -kind" contribution of services, materials, or a combination of services and materials with the Declarant or other entities for payment of Common Expenses. After termination of the Class "B" Control Period, the Declarant shall pay assessments on its unsold Units in the same manner as any other Owner. 6.5 Special Assessments. In addition to other authorized assessments, the Board may levy Special Assessments from time to time to cover unbudgeted expenses or expenses in excess of those budgeted, including sums expended on capital -type items, to the extent not included within Base Assessments. Such Special Assessment may be levied against the entire membership, if for Common Expenses. Such Special Assessments shall become effective unless disapproved by the Declarant during the Class "B" Control Period within 60 days following the levy of such assessment. Special Assessments shall be payable in such manner and at such times as determined by the Board and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 6.6 Benefited Assessments. The Board may levy Benefited Assessments against particular Units for expenses incurred or to be incurred by the Association as follows.. Page 17 (a) to cover the costs or reasonable portion thereof, including overhead and administrative costs, of providing benefits, items, or services to the Unit or occupants thereof upon request of the Owner pursuant to a menu of special services which the Board may from time to time authorize, which assessments may be levied in advance of the provision of the requested benefit, item or service as a deposit against charges to be incurred by the Owner; and (b) to cover costs incurred (including overhead and administrative costs) in bringing the Unit into compliance with the Governing Documents or costs incurred (including overhead and administrative costs) as a consequence of the conduct of the Owner or occupants of the Unit, their licensees, invitees, or guests; provided, the Board shall give the Unit Owner priorwritten notice and an opportunity for a hearing before levying a Benefited Assessment under this subsection (b). 6.7 Personal Obligation. Each Owner is deemed to covenant and agree to pay all assessments authorized in this Declaration (and, with respect to Units owned jointly, all such Owners are deemed to covenant and agree to pay assessments jointly and severally). All assessments, together with interest from the due date of such assessment at the rate of 15% or highest rate allowable under Montana law, per annum unless a different rate is determined by the Board, reasonable late charges established by Board, costs, and attorney's fees, shall be the personal obligation of the Person who was the Owner of such Unit at the time the assessment arose. Upon a transfer of legal or equitable title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. However, no first Mortgagee who obtains title to a Unit by exercising the remedies provided in its Mortgage shall be liable for unpaid assessments which accrued prior to such acquisition of title. No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unit, 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 assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. The Board shall, upon written request, furnish to any Owner liable for any type of assessment or its Mortgagee a certificate in writing signed by an officer of the Board or its designated agent setting forth whether such assessment has been paid and the amount of any unpaid assessments, within the time periods prescribed by law. A properly -executed certificate of the Board as to the status of assessments on a Unit will be binding on the Board as of the date of issuance of the certificate and for the time periods specified in the certificate. Payment of a processing fee for the issuance of such certificate may be required. Page 18 6.8 Lien for Assessments. All assessments shall constitute a lien against the Unit against which they are levied until paid unless otherwise specifically precluded in this Declaration. The lien shall also secure payment of all interest, late charges, costs of collection and such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. By recordation of this Declaration, the Association is granted a perfected, consensual and continuing lien upon each Unit against which an assessment is made or has been incurred for the payment of amounts due pursuant to this Declaration, and any further recordation of any claim of lien or notice of lien is not required for perfection or enforcement of the Association's lien for assessments and other such amounts. The Association may enforce such lien, when any assessment or other charge is delinquent, or take any other action either independently or simultaneous to the extent permitted at law or in equity, including the foreclosure of any said liens. The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its equal pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association. The Association may sue or take any other action permitted at law or in equity for unpaid Common Expenses and costs without foreclosing or waiving the lien securing the same. The sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, a Mortgagee holding a first Mortgage of record or other purchaser of a Unit who obtains title pursuant to foreclosure of the Mortgage shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment, including such acquirer, its successors and assigns. 6.9 Date of Commencement of Assessment Obligations. The obligation to pay assessments shall commence as to each Unit on the first day of the month following: (a) the date the Unit is made subject to this Declaration, or (b) the date the Association first determines a budget and levies assessments pursuant to this Article, whichever is later. The first annual Base Assessment against each Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. 6.10 Failure to Assess. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay assessments on the same basis as for the last Page 19 year for which an assessment was made, if any, until anew assessment is made, at which time the Association may retroactively assess any shortfalls in collections. 6.11 Exempt Property. The following property shall be exempt from payment of assessments: (a) all Common Area; and, (b) all property dedicated to and accepted by any governmental authority or public utility. In addition, the Declarant and/or the Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for tax-exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own and operate property subject to this Declaration for purposes listed in Section 501 (c) and for the purposes for which such exemption was granted. COMMUNITY DEVELOPMENT ARTICLE 7 EXPANSION AND REDUCTION OF THE COMMUNITY 7.1 Expansion by the Declarant. Declarant may from time to time, subject to the provisions of this Declaration, incorporate all or any portion of the real property located adjacent to or in the vicinity thereof by filing a Supplemental Declaration in the Official Records describing the additional property to be subjected. A Supplemental Dec- laration filed pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarant. The Declarant's right to expand the community pursuant to this Section shall expire upon termination of the Class "B" Control Period or 20 years after the recording of this Declaration in the Official Records, whichever is earlier. Nothing in this Declaration shall be construed to require the Declarant or any successor to subject additional property to this Declaration or to develop any other property in any manner whatsoever. 7.2 Expansion by the Association. The Association may also subject additional property to the provisions of this Declaration by filing a Supplemental Declaration in the Official Records describing the additional property. Any such Supplemental Declaration shall require the affirmative vote of Members representing a majority of the Class "A" votes of the Association and the consent of the owner of the additional property. In addition, during the Class "B" Control Period, the consent of the Declarant shall be necessary. The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the additional property, and by Declarant, if Declarant's consent is necessary. Page 20 7.3 Additional Covenants and Easements. The Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obligating the Association to maintain and insure such property and authorizing the Association to recover its costs through Assessments. Such additional covenants and easements may be set forth either in a Supplemental Declaration subjecting such property to this Declaration or in a separate Supplemental Declaration referencing property previously subjected to this Declaration. If the property is owned by someone other than Declarant, then the consent of the Owner(s) shall be necessary and shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use of such property. 7.4 Effect of Filing Supplemental Declaration. Any Supplemental Declaration filed pursuant to this Article shall be effective upon recording in the Official Records unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration. 7.5 De -annexation of Property. Declarant reserves the right to de -annex any real property from the terms of this Declaration at any time during the Class "B" Control Period without prior notice and without the consent of any Person, for the purpose of removing such real property from the coverage of this Declaration or clarifying that such property is no longer subject to annexation, provided such action is not materially adverse to the overall, uniform scheme of development for the Properties. If Declarant elects to de - annex any property, Declarant shall record a Supplemental Declaration in the Official Records. A change in the Owners percentage in Common Elements shall not be a material adverse change. ARTICLE 8 RIGHTS RESERVED TO DECLARANT 8.1 Construction of Improvements. The Declarant and its employees, agents and designees shall have a right and easement over and upon all of the Common Area for the purpose of making, constructing, installing, modifying, expanding, replacing, and removing any improvements to the Common Area as it deems appropriate in its sole discretion. 8.2 Right to Use Common Area. The Declarant and its designees may maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of the Declarant, may be required, convenient, or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model Page 21 Dwelling Units, and sales offices. The Declarant and its designees shall have easements for access to and use of such facilities. The Declarant and its designees, during the course of construction on the Properties adjacent to any Common Area, may use such Common Area for temporary storage and for facilitating construction on adjacent property. The user of such Common Area will return the Common Area to the condition it was in prior to its use. If the Declarant use under this Section results in additional costs to the Association, the Declarant shall reimburse the Association for such costs, but the Declarant shall not be obligated to pay any use fees, rent or similar charges for its use of Common Areas pursuant to this Section. The Declarant and its employees, agents and designees shall also have a right and easement over and upon all of the Common Area for the purpose of making, constructing and installing such improvements to the Common Area as it deems appropriate in its sole discretion. 8.3 Other Covenants Prohibited. No Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Properties during the Class "B" Control Period without Declarant's written consent. Any attempted recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant. 8.4 Right to Approve Changes. Notwithstanding any contrary provision of this Declaration, no amendment to or modification of any rules, use guidelines or restrictions, or Governing Documents affecting the Properties shall be effective without prior notice to and the written approval of the Declarant during the Class "B" Control Period. 8.5 Right to Transfer or Assign Declarant Rights. Any or all of the rights and obligations of the Declarant set forth in this Declaration may be transferred to other Persons. No such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the Official Records. 8.6 Amendment. This Article shall not be amended without the prior written consent of Declarant during the Class "B" Control Period. The rights contained in this Article shall terminate upon the earlier of (a) 50 years after the conveyance of the first Unit to an Owner, or (b) the recording by Declarant of a written statement terminating such rights. Thereafter, the Declarant and its designees may continue to use the Common Area for purposes stated in this Article only pursuant to a rental or lease agreement between the Declarant and/or such designee and the Association. PROPERTY RIGHTS WITHIN THE COMMUNITY Page 22 ARTICLE 9 EASEMENTS 9.1 Easements in Common Area. Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Area, and such right and nonexclusive easement shall be appurtenant to such Owner's Unit, subject to: (a) This Declaration, and any other applicable covenants; (b) Any restrictions or limitations contained in any deed conveying such property to the Association; (c) The right of the Board to adopt rules, regulations or policies regulating the use and enjoyment of the Common Area, including rules restricting use of recreational facilities within the Common Area to owners of Units and their guests, and rules limiting the number of occupants and guests who may use the Common Area; (d) The right of the Board to suspend the right of an Owner to use recreational facilities within the Common Area, (e) The right of the Association to dedicate or transfer all or any part of the Common Area to governmental entities ; (f) The right of the Board to impose reasonable membership requirements and charge reasonable membership, admission, or other fees for the use of any recreational facility situated upon the Common Area; (g) The right of the Board to permit use of any Common Area recreational, educational, or cultural facilities by non -Owners, their families, lessees, invitees and guests; (h) The right of the Board to create, enter agreements with, grant easements to and transfer portions of the Common Area to non-profit or tax-exempt organizations, (i) The right of the Board, with respect to Common Area, to enter agreements with or grant easements to neighboring property owners; 0) The right of the Association to mortgage, pledge, or hypothecate any or all of its real or personal property as security for Association obligations; Page 23 (k) The right of the Board to change the use of any portion of the Common Area (with the consent of the Declarant during the Class "B" Control Period); and (1) The rights and obligations of the Association, acting through its Board, to restrict, regulate or limit Owners' and occupants' use of the Common Area for health and safety purposes, or for environmental preservation purposes, including, without limitation, wildlife corridors, wildlife ranges and natural wildlife habitant. 9.2 Easements of Encroachment. Declarant reserves unto itself easements of encroachment, and easements for maintenance and use of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with this Declaration) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of the Declarant. Additionally, Declarant reserves easements of encroachment (not more than one foot in distance from any Unit boundary line) for Unit Owners if the encroachment was unintentional and the encroaching item or structure was built in substantial conformity with plans approved by the appropriate Reviewing Body pursuant to Article 3. 9.3 Easements for Utilities, Etc. Declarant reserves unto itself, and grants to the Association, an easement for the purpose of access and maintenance upon, across, over, and under all of the Properties to the extent reasonably necessary to install, replace, repair, and maintain cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, trails, lakes, ponds, streams or other watercourses, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas, and electricity. The Declarant and/or the Association may assign these rights to any local utility supplier, cable company, security company or other company providing a service or utility to Eagle Valley Ranch subject to the limitations herein. This easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing Dwelling Unit, and any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the Person exercising the easement. The exercise of this easement shall not unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. Declarant specifically grants to the local utility suppliers easements across the Properties for ingress, egress, installation, reading, replacing, repairing, and Page 24 maintaining utility meters and boxes. However, the exercise of this easement shall not extend to permitting entry into the Dwelling Unit on any Unit, nor shall any utilities be installed or relocated on the Properties, except as approved by the Board and Declarant during the Class "B" Control Period. 9.4 Easements to Serve Additional Property. The Declarant hereby reserves unto itself and its duly -authorized agents, representatives, employees, successors, assigns, licensees, and Mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of the real properties adjacent to Eagle Valley Ranch, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant further agrees that if the easement is exercised for permanent enjoyment and use of and/or access to such property, and such property or any portion thereof is not made subject to this Declaration, the Declarant shall enter into a reasonable agreement with the Association to share the cost of maintenance of any access roadway serving such property. 9.5 Easements for Cross -Drainage. Every Unit and the Common Area shall be burdened with easements for natural drainage of storm water runoff from other portions of the Properties; provided, no Person shall discharge any water, backwash any pool, spa or similar improvements, or alter the natural drainage on any Unit to increase materially the drainage of storm water onto adjacent portions of the Properties or the Common Areas without the consent of the Owner(s) of the affected property, the Board, and the Declarant during the Class "B" Control Period. 9.6 Right of Entry. The Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Properties, including each Unit, for emergency, security, and safety reasons. Such right may be exercised by the authorized agents of the Association, its Board, officers or committees, and by all police officers, fire fighters, ambulance personnel, and similar emergency personnel in the performance of their duties. Except in emergencies, entry onto a Unit shall be only during reasonable hours and after notice to and permission from the Owner thereof. This easement includes the right to enter any dwelling on any Unit to cure any condition which increases the risk of fire or other hazard if an Owner fails or refuses to cure the condition within a reasonable time after request by the Board, but does not authorize entry into any Dwelling Unit without permission of the Owner, except by emergency personnel acting in their official capacities. Public providers of emergency services shall have access to Units in an emergency as provided by state law and, if applicable, City of Kalispell, Montana and/or County of Flathead, Montana, operating policies. 9.7 Easements for Maintenance and Enforcement. Authorized agents of the Association, shall have the right, and a perpetual easement is hereby granted to the Association, to enter all portions of the Properties, including each Unit to (a) perform its Page 25 maintenance responsibilities, if any, and (b) make inspections to ensure compliance with this Declaration. Except in emergencies, entry onto a Unit shall be only during reasonable hours and after notice to and permission from the Owner. This easement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property, and any physical damage caused by the Association shall be repaired by the Association at its expense. The Association also may enter a Unit to abate or remove, using such measures as may be reasonably necessary, any structure, thing or condition which violates the Governing Documents. 9.8 Rights to Storm Water Runoff, Effluent and Water Reclamation. Declarant hereby reserves for itself and its designees, all rights to ground water, surface water, storm water runoff, and effluent located or produced within the Properties. Such right shall include an easement over the Properties for access, and for installation and maintenance of facilities and equipment to capture and transport such water, runoff and effluent. This Section may not be amended without the consent of the Declarant or its suc- cessor, and the rights created in this Section shall survive termination of this Declaration. 9.9 Easements for Lake and Pond Maintenance and Flood Water. Declarant reserves for itself, the Association, and their successors, assigns, and designees, the nonexclusive right and easement, but not the obligation, to enter upon the arroyos, lakes, ponds, rivers, streams and wetlands located within the Area of Common Responsibility to, without limitation, (a) construct, maintain, and repair wells, pumps and water distribution facilities in order to provide water for the irrigation of any of the Area of Common Responsibility; (b) construct, maintain, and repair any bulkhead, wall, dam, or other structure retaining or channeling water; and (c) remove trash and other debris therefrom and fulfill their maintenance responsibilities as provided in this Declaration. Declarant, the Association, and their successors, assigns and designees shall have an access easement over and across any of the Properties abutting or containing any portion of any of the arroyos, lakes, ponds, rivers, streams, or wetlands to the extent reasonably necessary to exercise their rights under this Section. There is further reserved herein for the benefit of Declarant, the Association, and their successors, assigns and designees, a perpetual, nonexclusive right and easement of access and encroachment over the Common Area and Units (but not the dwellings thereon) adjacent to or within one hundred feet of arroyos, lake beds, ponds, rivers, streams and wetlands within the Properties, in order to (a) temporarily flood and back water upon and maintain water over such portions of the Properties; (b) fill, drain, dredge, deepen, clean, fertilize, dye, and generally maintain the arroyos, lakes, ponds, rivers, streams, and wetlands within the Area of Common Responsibility subject to the approval of all appropriate regulatory bodies; (c) maintain and landscape the slopes and banks pertaining to such arroyos, lakes, ponds, rivers, streams, and wetlands; and (d) enter upon and across such portions of the Properties for the purpose of exercising their rights under this Section. All Persons entitled to exercise these easements shall use reasonable care in and repair any damage resulting from, the intentional exercise of the Page 26 rights granted under such easements. Nothing herein shall be construed to make Declarant, the Association, or any other Person liable for damage resulting from flooding due to heavy rainfall, or other natural occurrences. 9.10 Easement for Use of Private Streets. The Declarant hereby creates a perpetual, nonexclusive easement for access, ingress and egress over the private streets within the Common Area (and any Exclusive Common Area), for law enforcement, fire fighting, paramedic, rescue and other emergency vehicles, equipment and personnel; for school buses; for U.S. Postal Service delivery vehicles and personnel; private delivery or courier services; and for vehicles, equipment and personnel providing garbage collection service to the Properties; provided, such easement shall not authorize any such Persons to enter the Properties except while acting in their official capacities. 9.11 Easements for Tax Exempt Organizations. Tax-exempt organizations designated or established by the Declarant or the Association to maintain or assist in the preservation of any environmentally -sensitive areas, including but not limited to any wetlands or wildlife habitat areas, shall have easements over the Common Area to the extent necessary to carry out their responsibilities. ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES 10.1 General Rules of Law to Apply. Each wall, driveway or similar structure built as a part of the original construction on the Units which serves and/or separates any two adjoining Units shall constitute a party structure. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 10.2 Maintenance; Damage and Destruction. All Owners whose Unit is served or separated by any party structure shall share the cost of reasonable repair and maintenance of such structure equally. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners subsequently use the structure they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 10.3 Right to Contribution Runs With Land. The right of an Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors -in -title. Page 27 10.4 Disputes. Any dispute concerning a party structure shall be subject to the dispute resolution procedures set forth in Article XIII. ARTICLE 11 USE RESTRICTIONS 11.1 Owners shall be responsible for maintaining a weed maintenance program on their respective Lots to the minimum standards set forth by the Association. The Association shall maintain a weed management program on that area of common responsibility and the Association and its assigns hereby reserves an easement to include the right to notify, enter, and administer the weed management program on negligent Owner's Lots. The Association weed management program shall include those standards as are adopted by the Association board of directors on a yearly basis. Variance in methodology may be allowed in specific circumstances. 11.2 The collection and removal of domestic garbage and waste is the sole responsibility of the Owner. All garbage shall be kept in bear proof containers and collection facilities shall be contained within a closed area screened from public view. 11.3. The Association shall own and maintain the property line fencing, if any, and have a right to notify and enter Owners' properties if necessary for the sole purpose of maintaining said fence. 11.4 No vehicles or trailers shall be allowed to park on the driving service or shoulders of the public right of ways within Eagle Valley Ranch, outside of those designated areas. Special occasions may be allowed for Owner or permitted events if there are attendants for traffic control. The Association shall have the right to enforce the terms and provisions herein provided against the Owners responsible for said violations. 11.5 No recreational vehicles or trailers of any type, without a permit by the Board, shall be stored visibly upon a Lot without approved enclosures. This includes ATVs, boats, trailers, RVs, campers, snowmobiles, jet skis, etc. 11.6 The discharge of any firearms or explosives within the premises of Eagle Valley Ranch is strictly prohibited unless there is a permitted and/or approved special event or period approved by the board. 11.7 No signs shall be allowed to be maintained in public purview within Eagle Valley Ranch unless specifically approved by the Board, excepting there from road signs. No advertising signs shall be permitted without Board approval. Realtor signs shall be limited to 18 x 12 inch approved signs stating for sale with a phone number only; as approved by the Board. Non approved signs may be removed by the Association and/or Declarant. Address markers shall be standardized throughout the development and be approved by the Board. Page 28 11.8 The presence of any livestock, fowl, animal husbandry, free -roaming dogs or domestic animals, barnyard animals or other animals shall be strictly prohibited. 11.9 No inoperable vehicles, junk or waste of any kind shall be permitted to be piled or stored on any Lot for more than 10 days. The Association shall have the right to notify, enter, rectify, charge, and reasonably fine negligent parties. 11.10 Seasonal burning in accordance with the USFS, County and Local government rules and schedules shall be permitted only within supervised areas of The Area of Common Responsibility and with in each Lot. The intermittent burning of leaves and small brush shall be allowed as long as the aforesaid rules and schedules are followed. 11.12 No commercial activities shall be allowed on the premises that increase traffic or that produce offensive odors, smoke, noise, or traffic. 11.13 No gas, oil, mineral, quarry or gravel operations. 11.14 All utilities and maintenance areas shall be screened in such a way that said areas and amenities cannot be seen from the public right of ways. 11.15 No Lot shall be further subdivided without Declarant's prior written approval. ARTICLE 12 DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 12.1 Agreement to Avoid Litigation. The Declarant, the Association, its officers, directors, and committee members, all Persons subject to this Declaration (including Owners, their family members and tenants), and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Par- ties") agree to encourage the amicable resolution of disputes involving the Properties, without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees that specified claims, grievances, controversies, disagreements or disputes described in this Section ("Claims") shall be resolved using alternative dispute resolution procedures in lieu of filing suit in any court, provided that the term "Claim" shall not include the acts of the Association and its agents to enforce the terms of this Declaration. 12.2 Claims. Unless specifically exempted in this Article, all Claims arising out of or relating to (i) the interpretation, application or enforcement of the Governing Documents, or (ii) the failure of the Declarant, the Association or the Board to properly conduct elections, give adequate notice of meetings, properly conduct meetings, allow Page 29 inspection of books and records, or establish adequate reserve funds or (iii) the authority of the Association or the Board to take or not take any action under the Governing Documents; or (iv) the performance or non-performance by any Bound Parties of any of the respective obligations or responsibilities under the Governing Documents to or on behalf of any other Bound Parties; or (v) the rights, obligations and duties of any Bound Party under the Governing Documents or relating to the design or construction of improvements on the shall be subject to the provisions of Section 11.3. Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of Section 11.3: (a) any action or suit by the Association to enforce the provisions of Article 6 (Association Finances) including, without limitation, actions taken to enforce the collection of any assessments, to enforce or foreclose any lien in favor of the Association, or to determine the priority of any lien for assessments; (b) any suit by the Association to obtain a temporary or permanent restraining order (or emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Article 3 (Architectural Approval); (c) any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents; (d) any claim, grievance, controversy, disagreement or dispute that primarily involves (i) title to any Unit or Common Area, (ii) the interpretation or enforcement of any express or implied warranty made in connection with the sale of a Unit; (iii) the eviction of a tenant from a Unit, or (iv) and employment matter between the Association and any employee of the Association; (e) any action taken arising out of any separate written contract between Owners, between Declarant and any Owner, or between Declarant and any Builder that would constitute a cause of action under the laws of the State of Montana in absence of the Governing Documents; (f) any suit in which any indispensable party is not a Bound Party; and (g) any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 11.3(a) unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. Page 30 With the consent of all parties thereto, any of the above may be submitted to the alternative dispute resolution procedures set forth in Section 11.3. 12.3 Mandatory Procedures. (a) Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing and provide a copy to the Board (the "Notice"), stating plainly and concisely: (1) the nature of the Claim, including the date, time, location, Persons involved and Respondent's role in the Claim; (2) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (3) Claimant's proposed remedy; and (4) that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. (b) Negotiation and Mediation. (1) The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing by the Board, accompanied by a copy of the Notice, the Board may appoint a representative to assist the Parties in negotiation. (2) If the Parties do not resolve the Claim within 30 days of the date of the Notice (orwithin such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have 30 additional days to submit the Claim to such entity as is designated by the Association for mediating claims or, if the Parties otherwise agree, to an independent agency providing dispute resolution services in Montana. (3) If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant. (4) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Page 31 Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth when and where the Parties met, that the Parties are at an impasse, the nature of the impasse, and the date that mediation was terminated. The Termination of Mediation may also establish any undisputed factual findings or agreed resolutions, as agreed upon by the Parties. (5) All mediation discussions are privileged and confidential. Persons who are not Parties are not allowed to attend the mediation conference without the consent of the Parties. Any mediation resolution may be enforced in a court of law. Each of the Parties to a Claim will bear its own costs incurred prior to and during the negotiation and mediation proceeding described herein, including the fees of its attorney or other representative. Each Party to a Claim will share equally all costs of the mediator and, if and to the extent required, will pay its respective share of the costs in advance of the mediation as a condition to its continuation of the prosecution or defense of the Claim. The Claimant shall thereafter be entitled to sue in any court of competent jurisdiction or to initiate proceedings before any appropriate administrative tribunal on the Claim. 12.4 Enforcement of Resolution. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 11.3 and any Party thereafter fails to abide by the terms of such agreement, then any other Party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in Section 11.3. In such event, the Party taking action to enforce the agreement or award shall be entitled to recover from the non -complying Party (or if more than one non -complying Party, from all such Parties pro rata ) all costs incurred in enforcing such agreement orAward, including, without limitation, attorneys' fees and court costs. ARTICLE 13 CHANGES IN COMMON AREA 13.1 Condemnation. Whenever any part of the Common Area shall be taken or conveyed under threat of condemnation by any authority having the power of eminent domain, each Owner shall be entitled to notice thereof by posting in a prominent Page 32 place within the Properties and included in the Association's newsletter, if any. The Board may convey Common Area under threat of condemnation if the Board reasonably determines that it is in the best interest of the Association and is approved in writing by Declarant during the Class AB" Control Period. The award made for such taking shall be payable to the Association as trustee for all Owners to be disbursed as follows: If the taking involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent practicable, unless within 60 days after such taking the Declarant, so long as the Declarant owns any portion of the Properties or has the right to annex property, shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. If the taking does not involve any improvements on the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 13.2 No Partition. Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action for partition of the whole or any part thereof without the written consent of all Owners and Mortgagees. 13.3 Dedication of Common Area. The Association may dedicate or grant easements over portions of the Common Area to any local, state, or federal governmental entity. ARTICLE 14 AMENDMENT OF DECLARATION 14.1 Amendment by Declarant. Until termination of the Class "B" Control Period, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, the Declarant may unilaterally amend this Declaration if such amendment is (i) necessary to bring any provision into compliance with any applicable governmental statutes, rule, regulation, orjudicial determination; (ii) necessary to enable any reputable title insurance company to issue title insurance coverage on the Units; (iii) required by an institutional or governmental lender or purchaser of Mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable it to make or purchase Mortgage loans on the Units; (iv) necessary to enable any governmental agency or reputable private insurance company to guarantee or insure Mortgage loans on the Units; or (v) otherwise necessary to satisfy the requirements of any governmental agency for approval of this Declaration. However, any such amendment Page 33 shall not adversely affect the title to any Unit unless the affected Owner shall consent thereto in writing. 14.2 Amendment by Owners. Except as otherwise specifically provided in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing at least 75% of the total Class "A" votes, and the consent of the Declarant, during the Class "B" Control Period. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. 14.3 Validity and Effective Date of Amendments. Amendments in accordance with this Declaration shall become effective upon recordation in the Official Records, unless a later effective date is specified therein. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of , 200_ "Declarant" Spartan Holdings, L.L.C., a Montana limited liability company Brent Card, Managing Member Page 34 STATE OF MONTANA ) ) ss. COUNTY OF FLATHEAD ) The foregoing instrument was acknowledged before me this day of , 2008, by Brent Card, as the Managing Member of Spartan Holdings, LLC, a Montana limited liability company, on behalf of the company. 4q,16, 11'N" IF Printed Name: Notary Public for the State of Montana Residing at , Montana My Commission Expires: Page 35 When recorded, return to: Sean S. Frampton MORRISON & FRAMPTON, PLLP 341 Central Avenue Whitefish, Montana 59937 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR EAGLE VALLEY RANCH TABLE OF CONTENTS TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR EAGLE VALLEY RANCH INTRODUCTION TO THE COMMUNITY Spartan Holdings, L.L.C., as the developer of Eagle Valley Ranch, has established this Declaration to provide a governance structure and a flexible system of standards and procedures for the overall development, administration, maintenance and preservation of Eagle Valley Ranch as a master planned community. The Association and this Declaration reflect goals and aspirations and possess the powers necessary to develop a vibrant, cohesive, active community. CREATION OF THE COMMUNITY................................................................................ 1 1.1 Initial Declaration.................................................................. 1 1.2 Duration................................................................................1 CONCEPTS AND DEFINITIONS .................................................................................... 2 2.1 Architectural/Design Review Committee .............................. 2 2.2 Area of Common Responsibility ........................................... 2 2.3 Articles..................................................................................2 2.4 Association........................................................................... 2 2.5 Base Assessment" or ARegular Assessment.. ...................... 2 2.6 Benefited Assessment......................................................... 2 2.7 Board of Directors" or ABoard.............................................. 2 2.8 Builder..................................................................................2 2.9 By-Laws................................................................................3 2.10 Class "B" Control Period ....................................................... 3 2.11 Common Area...................................................................... 3 2.12 Common Expenses.............................................................. 3 2.13 Covenant to Share Costs ..................................................... 3 2.14 Declarant.............................................................................. 3 2.15 Design Guidelines................................................................ 3 2.16 Dwelling Unit........................................................................ 3 2.17 Governing Documents.......................................................... 3 2.18 Master Plan.......................................................................... 4 2.19 Member................................................................................4 2.20 Mortgage.............................................................................. 4 2.21 Mortgagee............................................................................ 4 2.22 Official Records.................................................................... 4 2.23 Owner...................................................................................4 2.24 Person.................................................................................. 4 2.25 Properties............................................................................. 4 2.26 Reviewing Body....................................................................4 2.27 Special Assessment............................................................. 4 2.28 Supplemental Declaration.................................................... 4 2.29 Unit.......................................................................................5 2.30 Lot............................................................................5 2.31 Use Restrictions.........................................................5 CREATION AND MAINTENANCE OF COMMUNITY STANDARDS .............................. 5 ARCHITECTURAL APPROVAL...................................................................................... 5 3.1 General Requirement for Prior Approval .............................. 5 3.2 Architectural Review............................................................. 5 3.3 Guidelines and Procedures .................................................. 6 3.4 No Waiver of Future Approvals ........................................... 8 3.5 Variances............................................................................ 8 3.6 Limitation of Liability............................................................ 9 3.7 Enforcement........................................................................ 9 COMMUNITY GOVERNANCE AND ADMINISTRATION .............................................. 9 THE ASSOCIATION AND ITS MEMBERS.................................................................... 9 4.1 Functions of Association..................................................... 9 4.2 Membership....................................................................... 10 4.3 Voting................................................................................ 10 ASSOCIATION POWERS AND RESPONSIBILITIES.................................................. 11 5.1 Acceptance and Control of Association Property ............... 11 5.2 Maintenance of the Area of Common Responsibility ......... 11 5.3 Maintenance in Public Rights -of -Way ................................ 12 5.4 Insurance........................................................................... 12 5.5 Compliance and Enforcement ............................................ 12 5.6 Implied Rights; Board Authority .......................................... 14 5.7 Disclaimer of Liability.......................................................... 14 5.8 Security.............................................................................. 15 5.9 Equestrian/Pedestrian Trail System Open to the Public..... 15 ASSOCIATION FINANCES........................................................................................... 15 6.1 Budgeting and Allocating Common Expenses ................... 15 6.2 Budgeting for Reserves...................................................... 16 6.3 Authority to Assess Owners, Time of Payment .................. 16 6.4 Declarant's Option to Fund Budget Deficits ....................... 17 ii 6.5 Special Assessments......................................................... 17 6.6 Benefited Assessments...................................................... 17 6.7 Personal Obligation............................................................ 18 6.8 Lien for Assessments......................................................... 19 6.9 Date of Commencement of Assessment Obligations......... 19 6.10 Failure to Assess................................................................ 19 6.11 Exempt Property................................................................. 20 COMMUNITY DEVELOPMENT.................................................................................... 20 EXPANSION AND REDUCTION OF THE COMMUNITY ............................................. 20 7.1 Expansion by the Declarant ............................................... 20 7.2 Expansion by the Association ............................................ 20 7.3 Additional Covenants and Easements ............................... 21 7.4 Effect of Filing Supplemental Declaration .......................... 21 7.5 De -annexation of Property ................................................. 21 RIGHTS RESERVED TO DECLARANT....................................................................... 21 8.1 Construction of Improvements ........................................... 21 8.2 Right to Use Common Area ............................................... 21 8.3 Other Covenants Prohibited ............................................... 22 8.4 Right to Approve Changes ................................................. 22 8.5 Right to Transfer or Assign Declarant Rights ..................... 22 8.6 Amendment........................................................................22 PROPERTY RIGHTS WITHIN THE COMMUNITY....................................................... 23 EASEMENTS................................................................................................................ 23 9.1 Easements in Common Area ............................................. 23 9.2 Easements of Encroachment ............................................. 24 9.3 Easements for Utilities, Etc ................................................ 24 9.4 Easements to Serve Additional Property ............................ 25 9.5 Easements for Cross -Drainage .......................................... 25 9.6 Right of Entry ...................................................................... 25 9.7 Easements for Maintenance and Enforcement .................. 26 9.8 Rights to Storm Water Runoff, Effluent and Water Reclamation..................................................... 26 9.9 Easements forLake&Pond Maintenance&Flood Water ... 26 9.10 Easement for Use of Private Streets .................................. 27 9.11 Easements for Tax Exempt Organizations ......................... 27 PARTY WALLS AND OTHER SHARED STRUCTURES ............................................. 27 10.1 General Rules of Law to Apply ........................................... 27 10.2 Maintenance; Damage and Destruction ............................. 27 iii 10.3 Right to Contribution Runs With Land ................................ 28 10.4 Disputes............................................................................. 28 USERESTRICTIONS................................................................................................... 28 DISPUTE RESOLUTION AND LIMITATION ON LITIGATION ..................................... 29 12.1 Agreement to Avoid Litigation ............................................ 29 12.2 Claims................................................................................ 30 12.3 Mandatory Procedures....................................................... 31 12.4 Enforcement of Resolution ................................................. 32 CHANGES IN COMMON AREA................................................................................... 33 13.1 Condemnation....................................................................33 13.2 No Partition......................................................................... 33 13.3 Dedication of Common Area .............................................. 33 AMENDMENT OF DECLARATION............................................................................... 33 14.1 Amendment by Declarant ................................................... 33 14.2 Amendment by Owners ...................................................... 34 14.3 Validity and Effective Date of Amendments ....................... 34 1V EXHIBIT "A" EAGLE VALLEY RANCH SUBDIVISION LEGAL DESCRIPTION OBJECTIVE OF THE GLACIER VALLEY RANCH DESIGN GUIDELINES It is the purpose of these Design Guidelines to protect and enhance the environment of Glacier Valley Ranch, to minimize the disturbance of the existing terrain and vegetation, and to blend development into the setting as unobtrusively as possible. The Developer, Design Review Commitee ("DRC") and HOA reserve the right to place liens on properties for unpaid fines, the right to seek Temporary Restraining Orders for violations of any provision of the Glacier Valley Ranch Design Guidelines, CCR's or HOA By -Laws and reserve the right to any other remedy available to them under law and/or equity including attorney's fees. The guidelines are in three parts: 1) Architectural Guidelines 2) Site Development Guidelines 3) Submission, Review, Approval, & Construction The DRC will administer and enforce these guidelines for all work on Glacier Valley Ranch. Eventually, the DRC will be a functionary of the new Home Community Association. The purpose of the Design Review Committee is to evaluate the design of a proposed structure or improvement by itself and also within its environment and neighborhood settings. The DRC will consist of 3 persons the Developer, and two other individuals whom shall be appointed by the Developer. Those three parties shall act as the Design Review Committee until such time as management responsibility is transferred to the Glacier Valley Ranch Community Association. A worthy variance from the literal translation of these guidelines will be considered objectively by the DRC. Otherwise, the DRC will maintain a consistent application of the intent of the guidelines on an equitable and uniform basis. Separately and to be drafted later, the uses for the properties both private and common such as the parks, trails, parking, firearms, RVs, horses, waste management, roads, easements, maintenance, etc. and their enforcement, shall be addressed in the "Bylaws" which will be a section of the Community Association Charter. Subject to change. Please confirm with the Design Review Commitee as to the most updated version L ARCHITECTURAL GUIDELINES A. DESIGN CHARACTER The design character should appear integral with its environment instead of standing out against it. The design character of a residence should be considered uniformly from all sides, not just the front or rear elevations, and all elevations should maintain the same visual integrity, cohesiveness and design detail. Particular attention should be given to the relationship of the elevation of the respective floor levels and the comparative overall massing of the structures from one lot to another. Building forms, materials and colors must blend with and complement rather than compete with the natural landscape. Emphasis on muted colors is essential. It is suggested that long, unbroken walls and roofs be avoided; while vertical and horizontal offsets need to be included. To further reinforce this concern for scale, architectural forms should be softened by chimneys, balconies, bay windows, entrance treatments, and other such devices. Glacier Valley Ranch has sites that offer prominent scenic views and with that homes will be able to be viewed from afar. Architects and owners are encouraged and reminded of this. B. BUILDING SIZES Any size residence may be presented for review by the DRC. Approval would be contingent on whether the design remains within the design vernacular of Glacier Valley Ranch and does not negatively impact neighboring homes. C. BUILDING HEIGHTS Glacier Valley Ranch terrain is varied and includes unique topography, making absolutely uniform applicability of height restrictions difficult, so the DRC will review these on a case -by -case basis. Heights shall be [with a generic 35' max] listed on each Architectural Elevation Drawing, at least as demonstrated in the elevation following. Benchmarks for heights on Lots 7, 9, 10, & I 1 shall be lower and reviewed particularly so as not to dominate the skyline. 1 Subject to change. Please confirm with the Design Review Commitee as to the most updated version In general, the DRC intends to discourage and has the right to prohibit the construction of any residence or other structure which it deems as excessive in height when viewed from other lots or the streets. Again, Glacier Valley Ranch has numerous lots that offer views whereby structures may be seen from miles away. The DRC will be, and asks owners & architects to be sensitive to that outlying impact. ~ � � � 8i�IL0lN��SE�ilI,97i Ir�rruveFia,�rres Y- BUILDING HEIGHT DEPICTION D. MASSING It is expected that all building elevations will not only take advantage of the view from within the residence, but will provide pleasant views from all surrounding areas. All side and rear elevations are expected to be articulated to break up the facade into smaller elements, as well as adding the richness of shade and shadow. Large blank walls will not be allowed. Failure to provide adequate articulation and richness may be grounds for amendment or rejection of the design by the DRC. E. MASSING ARTICULATION Careful massing and composition of building forms, use of appropriate natural materials and special attention to the transition between the structure and the natural topography all serve to integrate the house sensitively into the environment. Principles for acceptable design massing: Horizontal and vertical offsets are the devices used in massing the structure to achieve appropriate residential scale. The stepping up or down of rooflines helps a building blend with the surrounding landscape. Horizontal offsets should be coordinated with the interior plan and the roof pitches of the design. Architectural massing combined with good rooflines and offsets can create a very interesting and individualized building form. Garages and patio walls may help accentuate these horizontal offsets. In general, avoid the use of continuous, unaccented two-story facades. Without accents, horizontal and vertical offsets or wall projections, a looming barracks, shop, barn, or box look will result. Horizontal offsets can also contribute to added privacy and wind protection of outdoor spaces, reducing the need for elements such as fences and wall extensions. It is usually more effective visually and economically to have fewer, but larger offsets rather than a series of small jogs. A two -foot jog is barely noticeable; four feet is better; six to twelve feet cast a significant shadow and have a definite visual impact. The articulation of massing can be heightened by projections such decks. However, the deck must be an integral part of the building design, avoiding the "tacked -on" look. F. ROOFS The composition of roof forms should be carefully considered. No continuous ridge lines should exceed thirty-five feet. Changing ridge direction, offsets or maj or/minor roof projections should be used to break ridgelines. This will be reviewed and considered by the Design Review Board. The placement of the various pipes and vents that penetrate the roof should be considered. Combine them in the attic space and project them through roofs in a common enclosed stack when possible. Where practical, place stacks on the roof away from the side of greatest visibility or within a chimney. All roof vents are to be colored to match the dominant roofing material. G. STRUCTURAL COLORS Weathering agents are encouraged to accelerate natural effects. All exterior building colors shall have a light reflective value (LRV) of less than thirty-six. This information is available from most paint manufactures. A sample color palette has been recommended for residences in Glacier Valley Ranch and will be listed in the Colors List Appendix as an aid. The colors were chosen to blend with the natural colors of the vegetation and mountains as seen from a distance. Subdued accent colors may be used, pending approval by the DRC. Colors for exterior artwork, sculpture or any other special features visible from common areas should also be muted tones chosen to blend rather than contrast with the residence and its surroundings unless otherwise approved by the DRC. Submit samples on the proposed surfaces for review and approval to the DRC H. REFLECTIVE FINISHES No highly reflective finishes, except glass and door hardware shall be used on any exterior surfaces including exterior artwork and sculpture. Mirrored and opaque glass are unacceptable exterior finishes. L EXTERIOR SURFACE MATERIALS Exterior surfaces must generally be of materials and finish textures that create harmony with the natural landscape. Material changes should terminate at a logical inside corner or at a major wall opening. Changes at outside corners should be avoided or made with pilaster scale. Exterior finishes should be included down to the finish grade, thereby eliminating unfinished foundation walls. J. BUILDING PROJECTIONS All projections from a building including, but not limited to, chimney caps, vents, gutters, scuppers, downspouts, utility boxes, porches, railings, shading elements, and exterior stairways shall match the color of the surface from which they project or be an appropriate accent color. All building projections must be contained within the Building Envelope. K. ANTENNAS AND SATELLITE DISHES There shall be no antennae or satellite dishes other than the now common 24" oval - type; except as expressly permitted by the DRC. Locations of these appliances should be considered carefully to minimize visibility from neighboring property or from the roads. L. SKYLIGHTS AND INTERIOR LIGHTING Skylights shall be flat, low silhouette and non -glare. Visible bubble -type, plexi-glass skylights are not permitted. Skylights will not be permitted in locations where light from the interior will be overly visible to neighbors or roads. Interior light fixtures must be positioned so that the direct light source is not visible from the outdoors. Consideration must be given to the visibility of the light source from vantage points outside of the building. M. WINDOWS Windows should be carefully located and detailed to add substantial feel to the residence. Exposed aluminum sash and framing shall be an approved anodized finish color or vinyl coated color. Mill finish aluminum, including screen, is not permitted. Metal finishes on solariums and greenhouses are included in this category. With windows comes sunlight and heat gain so the considerations of interior and exterior shading elements must be considered, integrally designed, and meet all other applicable restrictions set forth in the Design Guidelines. N. SOLAR APPLICATIONS Passive solar applications or the orientation and design of the residence for maximum winter sun gain will reduce the winter heating needs, and will be encouraged. Active solar collectors can cause excessive glare and reflection, and can only be approved if they are integrated into the structures or landscaping. As with all design elements of a residence or improvements, solar collectors must be integrally designed, aesthetically pleasing and meet all other applicable restrictions set forth in the Design Guidelines. Solar collectors must meet the requirements of skylights. O. SCREENING WALLS AND SITE WALLS Screening walls should be a visual extension of the architectural design of the residence. They may be used to separate the private areas from the rest of the Building Envelope and as screening for parking and service areas. They may not be used to delineate property lines or delineate the Building Envelope. P. SERVICE YARD All above -ground garbage and trash containers, clotheslines, mechanical equipment, and other outdoor maintenance and service facilities must be completely screened from adjacent lots, streets, or common spaces by walls and gates, at least one foot higher than the equipment. Gates, or a "maze" entry that provides complete screening, shall be required around all mechanical and pool equipment enclosures. Q. GUEST HOUSES, GUEST SUITES AND ACCESSORY BUILDINGS These buildings must also go through the Review & Approval process with the DRC. Such structures must be designed as an integral visual element with the residence, and should be visually related to it by walls, courtyards, or landscape elements. A free-standing guesthouse or accessory building can be constructed on any lot, provided all improvements fall within the Building Envelope and meet the requirements of the Design Guidelines. R. NO VISIBLE STORAGE TANKS All fuel tanks, water tanks, or similar storage facilities shall be shielded from view from adjacent lots, streets or common areas by walls or structures or shall be located underground with all visible projections screened from view from adjacent lots, streets and common areas. S. NO SIGNS All security, pool, construction, financing, for sale, and other similar signs utilized for advertising are prohibited outside of Building Envelopes. The only exceptions are Address Identification and Temporary Construction Signage as described in these Design Guidelines. Allowed signs shall not be fastened to any trees. T. FLAGS Displaying the American flag is permitted if it is hung from an angled pole bracket mounted on the side of a residence. Suspended flags such as from eave overhangs will be considered temporary commemoratives for temporary purposes that are event -specific for no longer than 30 days. Free-standing flagpoles that are visible from off one's lot are not allowed. U. GARAGES The appearance of the garage doors must blend with the home design. The garage doors offer an opportunity to enrich the texture, rhythm and overall composition of the design and the Board expects that each home will capitalize on this opportunity. Every effort should be made to minimize the impact of the garage and garage doors. Doors can be made beautifully while careful planning and driveway orientation can ensure that the visibility of the garage and parking is minimized from the street and adjacent lots. Garages are strongly encouraged to be set back and orientated away from the street if possible. In an effort to minimize garage impact, no more than three garage stalls will be allowed adjacent to each other. If additional garage space is needed it must be separated from the other garage location or turned 90 degrees to avoid a long uninterrupted row of garage bays. T. UTILITIES All utilities from the common hook up area to the building site shall be placed underground. II. SITE DEVELOPMENT GUIDELINES The unique natural topography of Glacier Valley Ranch requires special attention on each lot. The features of each lot determine the access, placement of the home and septic system to maximize view amenity angles and privacy. These features are unique and specific to each lot. The following site development guidelines deal with issues of placement, grading, and landscaping. sRITT 01M/EW*'Z0471011/ /xy'epko T Bf 7W P"SP, &V/&G'O#X(/7771) TIT,11WE BGf/LD/�(/� E�/l/ELdPEL/�f/E P,D///�TE,4,fE/1 1i/4T6bftl4,eM THE BUILDING ENVELOPE The building envelope is the portion of each lot within which all improvements may be built and any alterations to the existing landscape are confined except for driveway approaches. The building envelope acts as a limit beyond which no construction activity, including grading or storage of materials is allowed. A building envelope will be identified for each lot on the approved final Building Envelope Diagram. The envelope will be based on the natural features of each lot such as topography, view angles, and the relationship to neighboring building envelopes or park areas. The building envelope will be outlined by the Declarant and then reviewed and set with each owner's architect, allowing alternate area schemes that may be considered by the Design Review Committee during the Preliminary Design Phase of the process. A. ALLOWABLE SITE COVERAGE AREA Each lot type is limited to a maximum site coverage area of total lot area for all improvements including building footprint, decks, patios, fenced or walled private areas, paved courtyard, driveway, and landscaped patio areas, excepting the driveway area connecting to the property line outside the building envelope. Any areas outside the maximum site coverage area disturbed in construction must be returned as near as possible to the natural condition. Generally, 10% will be standard except for those lots where horses are permitted. B. NATURAL AREA The natural area is that portion of the lot which lies outside of the allowable site coverage area yet within the building envelope and remains as natural forest. Additional plant material may be added in the natural area. C. GRADING AND SITING General grading and site development principles are as follows: Buildings and improvements should step down slopes, so as to be part of the site rather than altering the site to fit a non -responsive structure. The finish grade around the residence and any site walls should remain close to the original natural grade. 2. Significant cut and fill conditions should be contained with retaining walls or within construction. Exposed cut and fill slopes will not be approved. Cut slopes may be re -graded and naturally contoured to match existing terrain if all grading is contained within the Building Envelope and if, in the opinion of the DRC, the re -graded slope has a natural appearance upon completion. 3. No grading may be done outside the allowable site coverage area except for restoration and the minimum grading required for the driveway. 4. Multi -level solutions for buildings and improvements should be used wherever possible. Retaining walls or foundation walls should not exceed six feet in exposed height from finished grade adjacent to the wall, to top of wall or finished floor. Additional height may be achieved by use of more than one retaining wall, provided a significant setback for plantings is present and, in the opinion of the DRC, is adequate for visual separation. These retaining walls are to conform to these guidelines' regulations for color and mass. 5. Screen walls, walls not supporting a building structure or retaining earth, may not exceed five feet six inches in height measured from finish grade along the exterior side of the enclosure. 6. Low and substantial substructures in stilt or cantilevered construction shall be enclosed with finish materials similar to the main structure, unless a substantial and complementary method of enclosure is approved by the DRC. Open areas under buildings can create special hazards from fires traveling uphill and need careful treatment for this reason as well. D. WILDFIRE PROTECTION 1. DEFENSIBLE FIRE SPACE Forest and vegetation must be managed so as to reduce exposure to flames and radiant heat during a fire. The reduction of flammable vegetation and other hazards including around buildings provides a "defensible fire space" for firefighters and residents. The "parking -out" or thinning of the Glacier Valley Ranch forest one sees today is an example of how to reduce fire fuel attractively. Yet some corridors have been left specifically thick and clean in order to promote wildlife camouflage and comfort. The National Forest which surrounds Glacier Valley Ranch may be maintained by NFS Permit only for "firewood" collection and slash management, pursuant to oversight vis-a-vis permits issued by the Murphy Lake Ranger Station (406) 882-4451; resulting in the collateral attribute of enhancing views and forest appeal. 2. FUEL MODIFICATION To accomplish the dual objectives of maintaining fire safety while protecting sensitive native vegetation, a fuel modification program should also incorporate a combination of fire-resistant building materials. E. PRIVATE AREA The Private Area is that part of the Building Envelope which is not visible from neighboring property because it is hidden behind walls or structures. The Private Area is the least restrictive in terms of what can be done within. F. MINIMUM SETBACKS All setbacks will be reviewed on the merits of the submitted site design plan. Refer to the Building Envelope for these setbacks. G. LANDSCAPE The goal of the landscape guidelines is to ensure that developed areas within Glacier Valley Ranch harmonize and blend with, rather than dominate the natural environment. 1. PLANT MATERIALS All disturbed areas that are not paved shall be vegetated with appropriate plant materials. 2. PLANTINGS IN PRIVATE AREAS Within private areas, plantings immediately adjacent to the residence are not restricted and may include ornamental plants that are not native to the local area. However, because the natural landscape is considered the most important character -giving feature of Glacier Valley Ranch, groomed lawns shall be enclosed by buildings, walls, or natural screening elements so that they are visible only from within the owner's own homestead. 3. ROADWAY AND PARK VEGETATION When trees, flowers, or other plantings and their maintenance are to be considered in the common areas such as the roadway right-of-way areas of each lot or within the Park areas, consideration shall be put before the Board to consider design, uniformity, traffic sightlines and cost. This professional review should result in recommendations for homeowners' review and then consensus. 4. WEED MANAGEMENT MANDATE It is the responsibility of every homeowner to manage the noxious and other weeds which occur in Montana, Lincoln County, and specifically in Glacier Valley Ranch. Private, roadway, and Park lands require a regular weed management plan. The Home Community Association shall manage the communal grounds and monitor private adherence to an annual program. H. RETAINING WALLS All retaining walls must be included in the review process and be approved by the DRC. If walls will exceed four feet in height, an engineer, architect, or certified builder must approve the wall design. The maximum total vertical exposure of approved walls shall not exceed six feet unless the Board determines that an exception is warranted because of extraordinary circumstances or unavoidable topographic constraints. Where walls taller than six feet would be required to solve a grading issue, terracing with multiple walls is recommended, with a planting area of at least thirty inches between each wall section. Retaining walls should appear to be an extension of the residence and are subject to the same criteria relative to color, materials, and durability as the building itself. If not connected to the residence, walls should be constructed of architectural materials compatible with those employed in the residence. I. FENCES Respecting the Montana mountain environment, perimeter lot line fencing is prohibited. Exception may be made after review, for properties bordering Glacier Valley Ranch' "busier" Park areas. Community fencing bordering the National Forest for the purpose of protecting Glacier Valley Ranch from Free Range Cattle shall be maintained by the Home Community Association. Within individual lot private areas, fencing can be constructed from compatible materials to the residence with a five -foot -six-inch maximum height from exterior grade, after review by the DRC. Lots approved for horses may have fences of natural materials only for paddock areas. J. DRAINAGE Where construction and development will obstruct natural drainage patterns, surface run-off should be carefully redirected to existing or new swales designed to look natural. Swales may be required above new cut of fill slopes to protect them from erosion. Runoff on each lot shall be accommodated within lot boundaries or within prescribed drainage easement areas. K. SWIMMING POOLS Owners can construct swimming pools. However, the design must not cause visible scars, or excessive grading. L. PETS AND WILDLIFE Dog runs and pet animal pens must be enclosed and covered to protect pets from predators. Domestic animals or pets such as dogs & cats are permitted so long as owners provide necessary restraints to prevent those animals from becoming an annoyance or nuisance from such as excessive barking or antagonistic behavior. In general, leash and poop -scooping bylaws are to be in affect on common grounds and the "invisible leash" is recommended for private property play control. All outdoor trash containers must be of animal -proof designs. All trash must be kept in completely enclosed structures. Barbecue grills should be left properly covered or stowed when not in use so as not to attract wildlife into private spaces. To be covered in the by-laws yet mentioned here: no horses, sheep, cattle, goats, hogs, or other animal husbandry uses or pens shall be permitted on any lot except those lots specifically approved for horses only. Owners with Lots permitted for "horses only" use shall not be allowed to have horses on any roads or areas other than their designated envelopes or their designated trails from their property into public forest service lands; unless they are in trailers. M. EXTERIOR LIGHTING Site lighting is defined as lighting mounted on the building, ground, trees or walls for the purpose of providing security, decorative, accent, or functional lighting. Building lighting is defined as lighting built into or attached to buildings on walls, ceilings, eaves, rakes, or roofs. Site lighting must be directed downward onto vegetation or prominent site features and may not be used to light walls or building elements. Up lighting more than 45 degrees above the horizontal is prohibited and lighting aimed between zero and 45 degrees above horizontal must be directed toward the interior of the lot upon which it is located. 2. Building mounted lighting must be directed downward away from adjacent lots, streets and open spaces, and may not be used to light walls or building elements for decorative purposes unless the bulb is completely hidden and has approval from the Glacier Valley Ranch Design Review Commitee via each owner's architectural lighting plan. 3. All exterior lighting must provide for significant shielding to ensure that light sources and lamps are not visible from other properties, from roads or from off -site; no bare lamps will be permitted. 4. Outdoor luminaire lamps with a maximum wattage of 75 watts will be allowed for exterior lighting unless specific approval is received from the DRC. Low voltage lighting is recommended since these fixtures are typically small but heat output should be carefully considered. Colored lighting will not be allowed for exterior lighting except for the 30 days either side of holidays. 5. No lighting will be permitted in natural areas or outside the areas enclosed by patio or building walls. Site lighting must be confined to areas enclosed by walls or be in the immediate vicinity of the main entrance or outdoor living spaces of the residence. 6. Lights on motion detectors for the purpose of security illumination may be allowed subject to specific approval of the committee if the lights so activated do not illuminate adjacent properties. These lights will only be allowed to operate on a motion detector and stay lit for a maximum of five continuous minutes. Security lights must still meet the requirements of shielded light sources. If problems with these lights occur, the Committee reserves the right to demand that the fixtures be disconnected. Care must be taken to avoid setting off the motion detector by the motion of vegetation and the movement of wildlife. The motion detector's range should be limited to the Building Envelope area. These lights will not be allowed to operate for the purpose of general illumination. N. DRIVEWAYS y Driveway approaches and curb cuts off of the roadways are supplied by the developer only. Interior driveways should be designed to accommodate emergency vehicles including fire -fighting equipment and their water supply needs. The material of the driveways shall be asphalt or other suitable hard surface approved by the Board. Gravel driveways are not permitted. Transition from the driveway material to the street paving provided by the Developer shall occur 25-30 feet from the roadway edge. Driving surfaces shall be no less than twelve feet nor more than sixteen feet on driveway legs. On -street parking and off -building -envelope parking is not permitted, so driveways may need pull -offs for additional visitor parking. Parking and garage doors shall be screened wherever possible from adjacent roadways and lots. O. SNOW MANAGEMENT Snow management is to be considered during the design of the architecture and landscape. Areas for snow storage should be identified in the design of the driveways. Roofs should be designed to hold snow rather than shed, wherever possible. Roof snow shedding zones are to be anticipated in the landscape design. P. ADDRESS IDENTIFICATION The Developer shall provide installation of uniform address identification devices for all lots. Additional "personality" signage detached from the residence will be permitted, as per the CCR Declaration and/or as approved by the DRC. III. SUBMISSION, REVIEW, APPROVAL, & CONSTRUCTION Under the Declaration, the Design Review Commitee (DRC) is charged with the responsibility of maintaining the standards set forth in the Glacier Valley Ranch Design Guidelines. It is strongly recommended that an Owner retain competent professional services for planning and design. In general, the DRC process is divided into five phases: 1. Pre -design Meeting 2. Preliminary Submittal 3. Final Submittal 4. Construction 5. Final Construction Review An attempt has been made to streamline this process to eliminate excessive time delays. Nevertheless, each Owner is directly responsible for complying with Glacier Valley Ranch Design Guidelines, and all other applicable provisions of the Declaration, as well as all rules and regulations of any governmental authority, in order to bring the design review process to a speedy and satisfactory conclusion. To protect Glacier Valley Ranch' integrity, certain fees for review oversight and refundable monies will be required to engage and conduct construction activities; and thence fines shall be imposable for infractions during and after such activities. Fines shall be assessed until the infraction is remedied. Payment of such a fine shall not be deemed a remedy of the infraction. Application: 1 % for review, approval, & inspections; non-refundable Purpose: To compensate for professional time Owner bonds: 1 % bond to construct; refundable Purpose: A security deposit for the private roads & common areas' maintenance in case of damage, abandonment, or fine. Builder bonds: $10, 000 bond to commence; refundable Purpose: A security deposit. Fines: To be determined by the DRC and thence the HOA via the CCRs, Design Guidelines, or HOA Bylaws without a time limit or a one-time limit, subject to liens and interest. Strict & reasonable. If one is not comfortable with these constraints, one should not buy in Glacier Valley Ranch. A. PRE -DESIGN MEETING This informal review is to offer guidance prior to the initiation of preliminary design. An appointment for the pre -design meeting should be made at least one week in advance. B. PRELINUNARY SUBNHTTAL Preliminary drawings, including all of the exhibits outlined below, must be submitted to the DRC after the pre -design meeting. Preliminary submittals shall include: 1. The Application Form, supplied by the DRC, with all information completed. A small review fee may be instituted by the DRC for this community service. 2. A survey, at no less than one inch = twenty feet, prepared by a land surveyor registered in the state of Montana, showing lot boundaries and dimensions, easements, setbacks, centerline of adjacent streets, utility tap locations, existing surface contours at two foot intervals based on Glacier Valley Ranch' datum, major terrain features, all trees of eight inch diameter or larger that are within twenty feet of any proposed improvements. Each Owner submitting drawings for approval to the Committee shall be responsible for the accuracy of all information contained therein. 3. A site plan, at the same scale as the survey, showing the graphic locations of the building envelope, the residence and all other buildings or major structures, driveway, centerline of adjacent streets, parking areas, patios, pools, walls, proposed utility service facilities and routes, site grading including existing and proposed contours and topographic features, and elevations (datum) of all building floors, patios, and terraces, shown in relation to site contour elevations. 4. Plans and Sections: Floor Plans (at a scale of no less than one -quarter inch = one foot); at least one section (at a greater scale). Roof Plans should show areas and heights of flat and sloped roofs, location of any crickets, and locations and heights of any roof mounted equipment and skylights. Floor plans should show vertical elevations for each if any floor level change. 5. Exterior elevations of all sides of the residence, at the same scale as the floor plans, identifying all structure heights, delineating both existing and proposed grade lines and designating all exterior materials and general colors. Color selections may be general and not specific for the preliminary submittal. 6. The corners of structures shall be staked for the DRC to review. And if necessary to assist the DRC in its evaluation of elevation of a submittal, the Owner shall, if requested, provide staking and flagging of ridgelines or highest corners of structures. The preliminary submittal shall include one paper reduction of each of the required drawings in 2, 3, 4, and 5 above as well as any other drawings, materials, or samples requested by the DRC or necessary to explain the design. These drawings can be in form of letter size (8-1/2" x 11") or ledger size (I I" x 17") paper. C. PRELINHNARY REVIEW When the Preliminary Submittal is complete, the DRC will review the submittal for conformance to the Design Guidelines and provide a written response to the applicant within 10 days. Approval of a preliminary submittal will be considered valid for one year from the date of approval. The submittal will be considered abandoned if final plans are not submitted in that period. D. FINAL SUBNHTTAL After preliminary approval, final submittals shall include: 1. The application form with all information completed. 2. Complete construction documents including: full floor plans scaled at least 1/4"=1 foot, elevations scaled at least at 1/4"=1 foot, sections scaled at least at 1/4"=1 foot indicating existing and proposed grade lines, detail sections scaled at least at 1-1/2"=1 foot, elevations scaled at least at'/4"=1 foot, and schedules for exterior fenestrations and interior doors. 3. Samples of all exterior materials and colors, and window and glass specifications, mounted on an 8 '/2" x 11" (maximum size) heavy stock cardboard identified with manufacturer's name, color, and/or number. Sample boards shall include Owner's, architect's and builder's name, as well as the lot number. Samples of exterior materials such as stone should be submitted via the use of photographs that show color and coursing patterns. Colors should state light reflectivity value. 4. A landscape plan at the same or larger scale as the site plan, showing proposed contours, grading, drives, courtyards, walls, plantings etc. Site drainage should be included in his plan. 5. Exterior lighting plan showing location and manner of installation for each light, as well as cut sheets on the lights to be utilized. 6. Final staking of structure(s) corners, perimeters, heights and earthen cuts & fills. 7. A fundamental construction schedule. E. FINAL SUBNHTTAL APPROVAL The DRC will review the submittal in stages as it is received and respond within 10 days after the review but no later than 30 days after the submittal is complete. F. CONSTRUCTION APPROVAL Obtaining plan check approval from governing bodies such as the city or county and ensuring building code compliance is the responsibility of the Owner and/or builder. Architectural appearance shall be in accordance with the final submittal approved by the DRC. G. ADDITIONAL CONSTRUCTION AND/OR EXTERIOR CHANGES Substantive changes to the approved drawings before, during, or after the construction of an improvement must first be submitted for review to, and must be approved by the DRC. H. RE-SUBNHTTAL OF DRAWINGS In the event of disapproval by the DRC, of either a preliminary submittal or a final submittal, any resubmission of drawings must follow the same procedure as the original submittal. L COMMENCEMENT OF CONSTRUCTION \f Upon receipt of approval from the DRC, the Owner shall commence the construction pursuant to the approved final submittal within 180 days from the date of the approval. If the Owner fails to comply with this paragraph, any approval given shall be deemed revoked unless, upon the written request of the Owner made to the DRC prior to the expiration of the 180-day period and upon a finding by the DRC that there has been no change in circumstances, the time for commencement is extended in writing by the DRC. The Owner shall, in any event, complete the construction of the foundation and all exterior surfaces (including the roof, exterior walls, windows, doors and all landscaping) of any improvement on his lot within one year after commencing construction except when such completion is impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies, or natural calamities. If construction ceases for a period greater than sixty (60) days, the DRC may require that construction immediately resumes or the Lot is returned to its natural condition. In any event, the Owner shall complete construction of any improvement on his Lot within 18 months after commencing construction unless a time extension is granted by the DRC. If the Owner fails to comply with this schedule, the DRC has the right, but no obligation, to either have the exterior of the improvement completed or to remove the improvements; with all expenses incurred to be reimbursed to the DRC by the Owner. J. OBSERVATION FOR DESIGN CONFORMANCE The DRC may review all work in progress and give notice of non-compliance if found. The builder is required to inform the DRC in writing at least ten days prior to the completion of rough framing so that a review for design conformance may be made prior to completion of sheathing. A written note stating this requirement shall be shown by the architect on the floor plan or framing plan as part of the final submittal. Absence of such review and notification during the construction period does not constitute approval by the DRC of work in progress or of compliance with the Design Guidelines or the Declaration. K. FINAL CONSTRUCTION REVIEW 1. Upon completion of any residence or other improvement for which final approval was given by the DRC, the Owner shall give written Notice of Completion to the DRC prior to occupancy by the Owner. 2. Within such reasonable time as the DRC may determine, but in no case exceeding twenty calendar days from receipt of a required written Notice of Completion, the DRC may review the residence and/or improvements. If it is found that work was not done in strict compliance with the approved final submittal, the DRC shall notify the Owner in writing of such non- compliance within thirty calendar days of its receipt of the Owner's Notice of Completion, specifying in reasonable detail the particulars of non- compliance, and shall require the Owner to remedy the same. 3. If the Owner has failed to remedy any non-compliance within 30 calendar days from the date of the DRC's non-compliance notice, the DRC shall notify the Owner, and Glacier Valley Ranch Community Association, Inc. may take such action to remove the non -complying improvements as is permitted in the Design Guidelines or the Declaration including, without limitation, injunctive relief or the imposition of a fine. 4. If, after receipt of written Notice of Completion from the Owner, the DRC fails to notify the Owner of any failure to comply within the provided period following the DRC's review, the improvements shall be deemed to be in accordance with the approved final submittal. 5. If an Owner chooses to occupy the residence following receipt of a Certificate of Occupancy from the city or county, but prior to final construction review by the DRC, he may do so provided that the work is continued and the written Notice of Completion is given to the DRC within forty-five days of occupancy. If improvements are not completed within forty-five days of occupancy, the DRC reserves the right to take such action to cause the completion of the improvements as is permitted in the Design Guidelines or the Declaration including, without limitation, the imposition of fines. L. NON -WAIVER The approval by the DRC of any drawings or specifications for any work done or proposed, or in connection with any other matter requiring such approval under the Design Guidelines or the Declaration, including a waiver by the DRC, shall not be deemed to constitute a waiver of any right to withhold approval as to any similar drawing, specification, or matter whenever subsequently or additionally submitted for approval or of a nonconforming design or aspect that has not been identified earlier. For example, the DRC may disapprove an item not in conformance with the Design Guidelines shown on the final submittal even though it may have been evident and could have been disapproved at the preliminary submittal. M. RIGHT OF WAIVER The DRC reserves the right to waive or vary any of the procedures or standards set forth herein at its discretion, for good cause shown. N. ESTOPPEL CERTIFICATE Within thirty days after written demand therefore is delivered to the DRC by any Owner, and upon payment therewith to the DRC of a reasonable fee from time to time to be fixed by it, the DRC shall record an estoppel certificate executed by any two of its members, certifying with respect to any lot of said Owner, that as of the date thereof either (a) all improvements and other work made or done upon or within said lot by the Owner, or otherwise, comply with the Design Guidelines, and the Declaration, or (b) such improvements and/or work do not so comply, in which event the certificate shall also (1) identify the non -complying Improvements and/or work and (2) set forth with particularity the cause of causes for such non- compliance. Any purchaser from the Owner or mortgagee or other encumbrancer shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Glacier Valley Ranch Community Association, Inc., the DRC, developer, all Owners and other interested persons, and such purchaser mortgagee, or other encumbrancer. 80.63 Acre Legal Description Eagle Valley Ranch Planned Unit Development That portion of land situated and lying in the West Half (WI/2) of Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, described as follows: Government Lot 2 (shown as Tracts 1 & 2 of Certificate of Survey No. 4491, records of Flathead County Montana), the North Half (N'/2) of Government Lot 3 (shown as Tract 3 of Certificate of Survey No. 4491, records of Flathead County Montana), and the Northeast Quarter of the Southwest Quarter (NE1/4 SW1/2 - shown as Tracts 7 & 8 of Certificate of Survey No. 4491, records of Flathead County Montana). EXCEPTING THEREFROM THE FOLLOWING TRACTS OF LAND: Tract 1 of Certificate of Survey No. 5324, records of Flathead County, Montana, located in the North Half (N'/2) of Government Lot 3 of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana and Tract 1 of Certificate of Survey No. 5975, records of Flathead County, Montana, located in the South Half (S1/2) of Government Lot 2 and the North Half (N'/2) of Government Lot 3 of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana and That portion conveyed to the Sate Highway Commission in Bargain and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and conveyed to the State of Montana Department of Highways in Bargain and Sale Deed recorded July 23, 1996, Instrument No. 96- 205-10010, records of Flathead County, Montana and That portion conveyed to the Sate Highway Commission in Bargain and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and that portion granted to the State of Montana Department of Highways in Judgment and Final Order of Condemnation recorded January 11, 1996, Instrument No. 96-011-10250, records of Flathead County, Montana. METES and BOUNDS DESCRIPTION OF THE SUBJECT PROPERTY: Commencing at the Southwest corner of Government Lot 4, Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, which is a found brass cap, thence North 000 09' 50" West 3,956.91 feet along the west boundary of Section 19 Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, to the northwest corner of Government Lot 2, Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, thence, leaving said west boundary of Section 19, South 890 39' 45" East along the north boundary of said Government Lot 2, a distance of 95.73 feet to the east R/W of U.S. Highway 93 and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; said point is a found rebar with cap stamped #2516S, thence Continuing South 890 39' 45" East along the north boundary of said Government Lot 2, a distance of 1,196.53 feet to the northeast corner of said Government Lot 2; said point is a found rebar with cap stamped #2516S, thence South 000 22' 21" East along the east boundary of said Government Lot 2, a distance of 1,318.91 feet to the southeast corner of said Government Lot 2; said point is a found rebar with cap stamped #2516S, thence South 890 36' 28" East along the north boundary of the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) of Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, a distance of 1,329.98 feet to the northeast corner of said Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4), thence South 000 16' 47" East along the east boundary of said Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) a distance of 1,321.22 feet to the southeast corner of said Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4), said point is a found rebar, thence North 890 34' 58" West along the south boundary of said Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) a distance of 1,327.88 feet to the southwest corner of said Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4), said point is a found rebar with cap stamped #2516S, thence North 000 21' 59" West along the west boundary of said Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) a distance of 660.24 feet to the southeast corner of North Half (N 1/2) of Government Lot 3, of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana, thence North 890 35' 39" West along the south boundary of said North Half of Government Lot 3 a distance of 561.63 feet to the southwest corner of Tract 2 of Certificate of Survey 5975 in said Section 19, records of Flathead County Montana, thence North 000 20' 38" East along the west boundary of said Tract 2 of Certificate of Survey 5975 and the east boundary of Tract 1 of said Certificate of Survey 5975 a distance of 928.89 feet to the northeast corner of said Tract 1 of Certificate of Survey 5975, said point is a found rebar, thence North 890 40' 37" West along the north boundary of said Tract 1 of Certificate of Survey 5975 a distance of 632.78 feet to a point along the east R/W of U.S. Highway 93, said point is a found rebar, thence North 140 28' 57" East along the east R/W of U.S. Highway 93 a distance of 33.77 to a found Montana Department of Transportation 2-inch diameter aluminum cap, thence Continuing along the east R/W of U.S. Highway 93 North 000 21' 47" East a distance of 499.90 feet to a found Montana Department of Transportation 2-inch diameter aluminum cap, thence Continuing along the east R/W of U.S. Highway 93 North 13' 40' 24" West a distance of 144.31 feet to a point, thence Continuing along the east R/W of U.S. Highway 93 North 000 20' 43" East a distance of 377.40 feet to the point of beginning and containing 80.626 acres of land, more or less. Form 5011400 (7-1-14) %S f Y F *Fi' #} Y rstmrkan ode Owner's Policy ALTA Owner's Policy of Title Insurance (6-17-06) Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER 5011400-616361-FT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company's insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title tnsurance Company Dennis J. Gilmore Presidenk �" bp, Jeffrey 5. RuNnson Swresery (This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association COVERED RISKS (Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly - owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. CONDITIONS (Continued) 6. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third parry that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. CONDITIONS (Continued) 10. 11. 12. 13. 14. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules'. Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way; Santa Ana, CA 92707. Phone: 888-632- 1642. Form 5011400-A (7-1-14) ALTA Owner's Policy (6-17-06) Schedule A #%t F M F. �, r Owner's Policy of Title Insurance #} Y PirstAmerican ride ISSUED BY First American Title Insurance Company POLICY NUMBER Schedule A 5011400-616361-FT Insured Titles 44 4th Street West/ P.O. Box 188 Kalispell, MT 59901 File No.: 616361-FT Address Reference: Unknown Kalispell, MT 59901 Amount of Insurance: $540,000.00 Premium: $1,537.00 Date of Policy: December 2, 2016 at 12:21 P.M. Name of Insured: Spartan Holdings, LLC 2. The estate or interest in the Land that is insured by this policy is: Fee Simple Title is vested in: Spartan Holdings, LLC 4. The Land referred to in this policy is described as follows: TRACT 4 OF CERTIFICATE OF SURVEY NO. 4491, LOCATED IN THE SOUTH HALF OF GOVERNMENT LOT 3 OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED TO THE STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION, RECORDED JULY 9, 1956, IN BOOK 391, PAGE 408, AS DOC. NO. 4654, RECORDS OF FLATHEAD COUNTY, MONTANA. ALSO EXCEPTING THEREFROM THAT PORTION ACQUIRED BY THE STATE OF MONTANA, ACTNIG BY AND THROUGH THE MONTANA DEPARTMENT OF TRANSPORTATION BY JUDGMENT AND FINAL ORDER OF CONDEMNATION RECORDED JANUARY 11, 1996, AS DOC. NO. 1996-011-10250, RECORDS OF FLATHEAD COUNTY, MONTANA. By: Authorized Countersignature (This Schedule A valid only when Schedule B is attached.) Form 5011416-B (7-1-14) ALTA Owner's Policy (6-17-06) Idaho - Schedule B - (Standard) ;, . w F Rr,Owner's Policy of Title Insurance 4 First Am erican Vtie ISSUED BY First American Title Insurance Company POLICY NUMBER Schedule 6 5011400-616361-FT File No. 616361-FT EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown in the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any lien, or rights to a lien, for services, labor or materials theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any right, title or interest in any minerals, mineral rights or related matters, including but not limited to oil, gas, coal and other hydrocarbons, sand, gravel or other common variety materials, whether or not shown by the public records. 8. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 9. Possible easement created by Notice of Water Appropriation by and between Sigurd A. Amundson and Bertha M. Amundson, husband and wife AND the State of Montana, recorded January 27, 1961, as Instrument No. 644. 10. Easement Agreement upon the terms, conditions and provisions contained therein: Parties: Albert H. Reed, Greta M. Reed, Norwest Bank and Regional Enterprises, Inc. Recorded: January 21, 1985, as Instrument No. 85-021-10130 11. 60 foot private road and utility easement as shown on Certificate of Survey No. 4491, 8594 and 8673, and granted in Quitclaim Deed recorded March 6, 2003, as Doc. No. 2003-065-14240. 12. Easement for private road and utility over the Southerly 30 feet of GL3 for the benefit of The State of Montana, Dept. of Military Affairs (E1/2 GL4) as depicted on Certificate of Survey No. 8594, recorded October 6, 1986 as Doc. No. 86-279-14280. 13. Easement for electric transmission and distribution line, along with appurtenances and certain conditions granted to Flathead Electric Cooperative, Inc., recorded May 16, 1988, as Doc. No. 88- 137-08340. 14. Easement for gas pipeline and appurtenance granted to The Montana Power Company recorded November 1, 1989 as Doc. No. 89-305-11280. 15. Resolution by the State Highway Commission of the State of Montana for designation of limited access highway recorded December 6, 1989 as Instrument No. 89-340-09150. 16. Resolution No. 837-A by the Board of County Commissioners for Highway 93 North Zoning District recorded April 27, 1992 as Instrument No. 92-118-12020. 17. Condemnation by the State of Montana for construction, operation and maintenance of state highway and of light, view and air, Case No. DV-92-197B, recorded January 11, 1996, as Instrument No. 96-011-10250. 18. A reservation of an easement over the portion of said land and for the purposes stated herein, and incidental purposes, IN FAVOR OF: Regional Enterprises, Inc. FOR : a non-exclusive easement for ingress, egress and utility purposes RECORDED : September 17, 1997, as Doc. No. 1997-260-09550 19. Easement for right of way granted to Flathead Power Company, recorded April 8, 2002 Doc. No. 2002-098-09340. 20. Resolution No. 5129B by the City of Kalispell for Highway 93 North Growth Policy Amended recorded August 11, 2006 as Instrument No. 2006-223-08320. 21. Resolution No. 5667 regarding the Annexation, recorded April 8, 2014, as Doc. No. 2014-000- 05985. 22. Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded April 8, 2014, as Doc. No. 2014-000-05986. y4 j-. I1 I. *` First American Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, farms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9-1-10) Page 1 of 1 I Privacy Information ( 2001-2010 First American Financial Corporation) This commitment was prepared for you by: INSURED TITLES 44 4th Street West/P.O. Box 188, Kalispell, MT 59901 Phone (406)755-5028 - Fax (406)755-3299 Escrow Officer: Tanya Jackson - tjackson@insuredtitles.com Title Officer: Andrea Reum - areum@insuredtitles.com To: Glacier Real Estate 428 East Idaho Street Kalispell, MT 59901 Attention: Collette Bauer Your Reference: Order No.: 639598-FT Re: Property Address: 3201 Highway 93 N, Kalispell, MT 59901 ENCLOSED please find the following: Title Commitment Should you have any questions or need further assistance, please contact the undersigned. We appreciate the opportunity to serve you. Sincerely, Andrea Reum enc. File No.: 639598-FT Commitment for Title Insurance ALTA PLAIN LANGUAGE COMMITMENT AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six (6) months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the policy is issued and then our obligation to you will be under the policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the Public Records or are created or attach between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I or Eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Issued through the Office of: OLD REPUBLIC NATIONAL WLE INSURANCE COMPANY A S.haek Insured Titles aMsemr.)�a ioe say h,. Q vl pmh1 , ,Mrarvro i 5�s" 44 4th Street West/P.O. Box 188, Kalispell, MT 59901 L'r �rar r Air°s. l.iA SA-•oParr Authorized Signature ORT Form 4311 ALTA Plain Language Title Insurance Commitment 06/06 Commitment for Title Insurance ALTA PLAIN LANGUAGE COMMITMENT INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.orci/>. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, contact Insured Titles (406)755-5028 TABLE OF CONTENTS INFORMATION Front Page AGREEMENT TO ISSUE POLICY Back Page CONDITIONS Back Page SCHEDULE A Insert 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B Insert SCHEDULE B - I REQUIREMENTS Insert SCHEDULE B - II EXCEPTIONS Insert ORT Form 4311 ALTA Plain Language Title Insurance Commitment 06/06 ORT Form 4311B ALTA Plain Language Commitment for Title Insurance 6/06 FILE NO.: 639598-FT SECOND COMMITMENT SCHEDULEA 1. Commitment Date : May 11, 2018 at 7:30 A.M. 2. Policy or Policies to be issued: Policy Amount Premium Amount Owner's Policy Standard Owner's Policy (6/17/06) ORT Form 4309 $ 3,400,000.00 $ 6595.50 (Premium amount reflects $no available credit) Proposed Insured: Spartan Holdings, LLC, a Montana limited liability company 3. A fee simple interest in the land described in this Commitment is owned, at the Commitment Date, by: PARCEL 1:MedNorth Medical Centre, LLC, a Montana limited liability company PARCELS 2 & 3: Glacier LSC, LLC 4. The land referred to in this Commitment is described as follows: The land referred to herein is described in the Legal Description attached hereto as Exhibit A. Commonly known as: 3201 Highway 93 N, Kalispell, MT 59901 Exhibit "A" Real property in the County of Flathead, State of Montana, described as follows: PARCEL 1: TRACT A OF CERTIFICATE OF SURVEY NO. 17674 LOCATED IN THAT PORTION OF THE WEST HALF OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 2: GOVERNMENT LOT 2 AND THE NORTH HALF OF GOVERNMENT LOT 3 OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. SHOWN ON CERTIFICATE OF SURVEY NO. 4491. EXCEPTING THEREFROM TRACT 1 OF CERTIFICATE OF SURVEY NO. 5324, LOCATED IN THE SOUTH HALF OF GOVERNMENT LOT 2 AND THE NORTH HALF OF GOVERNMENT LOT 3 OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. ALSO EXCEPTING THEREFROM TRACT 1 OF CERTIFICATE OF SURVEY NO. 5975, LOCATED IN THE SOUTH HALF OF GOVERNMENT LOT 2 AND THE NORTH HALF OF GOVERNMENT LOT 3 OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. AND ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED FOR HIGHWAY PURPOSES TO THE STATE HIGHWAY COMMISSION IN BARGAIN AND SALE DEED RECORDED 7ULY 9, 1956 IN BOOK 391, PAGE 408 AND CONVEYED TO THE STATE OF MONTANA DEPARTMENT OF HIGHWAYS IN BARGAIN AND SALE DEED RECORDED 7ULY 23, 1996, INSTRUMENT NO. 96- 205-10010, RECORDS OF FLATHEAD COUNTY, MONTANA. PARCEL 3: TRACTS 7 & 8 OF CERTIFICATE OF SURVEY NO. 4491, SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. ORT Form 4311B ALTA Plain Language Commitment for Title Insurance 6/06 FILE NO.: 639598-FT SCHEDULE BI AND BII SCHEDULE B-SECTION I REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (e) Release(s) or Reconveyance(s) of items(s) . (f) If any document in the completion of this transaction is to be executed by an attorney -in -fact, the Power of Attorney must be submitted for review prior to closing. (g) You must give us the following information: Any off record leases, surveys, etc. 2. Statement(s) of identity, all parties. 3. Other. (h) We require proof that MedNorth Medical Centre, LLC AND Glacier LSC, LLC are both in good standing in Montana or their state of domicile or proof of dissolution and winding up of their affairs. (i) We require the attached Seller/Borrower Affidavit be completed prior to recording. (j) We require resolutions showing the power and authority of the party or parties who plan to execute the forthcoming conveyance on behalf of BOTH MedNorth Medical Centre, LLC AND Glacier LSC, LLC. (k) The policy liability contemplated by this transaction exceeds our local limit. Underwriter approval must be obtained from the Home Office or Regional Office prior to closing. Please contact the title officer in advance of the closing date to discuss the specifics of the proposed transaction, including identity of proposed insureds, endorsement requirements, and exceptions which are to be eliminated. ORT Form 4311B ALTA Plain Language Commitment for Title Insurance 6/06 FILE NO.: 639598-FT SCHEDULE B -SECTION II EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown in the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any right, title or interest in any minerals, mineral rights or related matters, including but not limited to oil, gas, coal and other hydrocarbons, sand, gravel or other common variety materials, whether or not shown by the public records. 8. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. THE FOLLOWING EXCEPTIONS AFFECT PARCEL 1: 9. 2018 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2017 $6937.00 Paid $6936.98 0976783 Unpaid 10. Restrictions contained in deed, recorded December 16, 1980 as Instrument No. 17997 in Book 704, Page 979 . 11. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 5975, 6557 and 17674, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604 (c). 12. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services filed with Certificate of Survey No. 6557. 13. Resolution by the State of Montana Highway Commission limiting access to the highway, recorded December 6, 1989 as Instrument No. 89-340-09150. 14. Easement granted to Flathead Electric Cooperative, Inc., recorded December 13, 2000 as Instrument No. 2000-348-11410. 15. Easement granted to Flathead Power Co., recorded April 8, 2002 as Instrument No. 2002-098- 09340. (covers premises and other property) 16. Water Well Agreement upon the terms, conditions and provisions contained therein: Parties: James F. Browne, Patricia J. Browne and 93 NORTH LLC Recorded: October 30, 2003, as Instrument No. 2003-303-12270 Modification of Water Well Agreement, recorded March 9, 2007 as Instrument No. 2007-068- 10340. 17. Resolution No. 5129B for the Highway 93 North Growth Policy Amendment, recorded August 11, 2006 as Instrument No. 2006-223-08320. 18. Access Road Use and Maintenance Agreement upon the terms, conditions and provisions contained therein: Parties: DKE, LLC and FT Corporation Recorded: March 9, 2007, as Instrument No. 2007-068-10320 19. Water Well Agreement upon the terms, conditions and provisions contained therein: Parties: DKE, LLC and FT Corporation Recorded: March 9, 2007, as Instrument No. 2007-068-10330 20. Grant of Conditional Use permit by and between the City of Kalispell AND MedNorth filed April 9, 2012, as Doc. No. 2012-000-07572. 21. Resolution No. 5553 by the City of Kalispell for annexation filed April 9, 2012, as Doc. No. 2012- 000-07573. 22. Petition to Annex and Notice of Withdrawal from Rural Fire District by MedNorth filed April 9, 2012, as Doc. No. 2012-000-07574. 23. Trust Indenture, to secure an original indebtedness of $493,000.00, dated May 19, 2016 and any other amounts and/or obligations secured thereby Recorded: May 20, 2016, as Doc. No. 2016-000-09693 Grantor: MedNorth Medical Centre, LLC Trustee: Alliance Title & Escrow Beneficiary: TrailWest Bank THE FOLLOWING EXCEPTIONS AFFECT PARCEL 2: 24. 2018 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2017 $1472.83 Paid $1472.80 0973191 Unpaid 25. Terms and conditions in easement for the purposes of conveyance of water, installation, construction, maintenance and repair of a water system and for the purpose of ingress and egress certain properties, recorded January 21, 1985, as Doc. No. 1985-021-10130. 26. Easement for pipeline granted to The Montana Power Company, recorded November 1, 1989 as Instrument No. 89-305-11500. 27. Resolution for Designation of Limited Access Highway recorded December 6, 1989, as Instrument No. 89-340-09150. 28. Resolution No. 837A for Highway 93 North Zoning District recorded April 27, 1992, as Instrument No. 92-118-12020. 29. Terms and conditions contained in Bargain and Sale Deed in connection to the road approach recorded July 23, 1996, as Doc. No. 96-205-10010. 30. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded September 17, 1996 as Instrument No. 96-261-11420. 31. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded May 22, 2001 as Instrument No. 2001-142-10350. 32. Easement for an electric transmission and distribution line granted to Flathead Power Co., recorded April 8, 2002 as Instrument No. 2002-098-09340. 33. Resolution No. 5129B, regarding the Highway 93 North Growth Policy Amendment, recorded August 11, 2006, as Doc. No. 2006-223-08320 34. Resolution No. 5208, regarding the Alteration of the Boundaries of the City of Kalispell, recorded July 9, 2007, as Doc. No. 2007-000-20381. 35. Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded July 9, 2007, as Doc. No. 2007-000-20382. 36. Ordinance No. 1651, regarding a Zoning Ordinance, recorded December 18, 2008, as Doc. No. 2008-000-33996. 37. Mortgage, to secure an original indebtedness of $585,000.00, dated December 11, 2012 and any other amounts and/or obligations secured thereby. Recorded: December 21, 2012 , as Doc. No. 2012-000-30674 Mortgagor: Glacier LSC, LLC Mortgagee: Gerald J. Miller and Edmund E. Carter THE FOLLOWING EXCEPTIONS AFFECT PARCEL 3: 38. 2018 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2017 $1472.41 Paid $1472.38 0720651 Unpaid 39. Terms and conditions in easement for the purposes of conveyance of water, installation, construction, maintenance and repair of a water system and for the purpose of ingress and egress certain properties, recorded January 21, 1985, as Doc. No. 1985-021-10130. 40. Easement for the right to construct, maintain, operate and remove a gas pipeline granted to The Montana Power Company, recorded November 1, 1989 Doc. No. 1989-305-11280. 41. Resolution Designation of Limited Access Highway, by the State Highway Commission of the State of Montana, recorded December 6, 1989, as Instrument No. 89-340-09150. 42. Reservation of easement contained in Deed recorded September 17, 1997, as Doc. No. 1997- 260-09550. (Affects a portion of premises) 43. Easement for an electric transmission line and all necessary or normal facilities and appurtenances granted to Flathead Electric Cooperative, Inc., recorded March 8, 2001 as Doc. No. 2001-067-08050. 44. Resolution No. 5129B, regarding the Highway 93 North Growth Policy Amendment, recorded August 11, 2006, as Doc. No. 2006-223-08320 45. Resolution No. 5208, regarding the Alteration of the Boundaries of the City of Kalispell, recorded July 9, 2007, as Doc. No. 2007-000-20381. 46. Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded July 9, 2007, as Doc. No. 2007-000-20382. 47. Ordinance No. 1651, regarding a Zoning Ordinance, recorded December 18, 2008, as Doc. No. 2008-000-33996. 48. Mortgage, to secure an original indebtedness of $585,000.00, dated December 11, 2012 and any other amounts and/or obligations secured thereby. Recorded: December 11, 2012 , as Doc. No. 2012-000-29582 Mortgagor: Glacier LSC, LLC Mortgagee: Nodding Onion, LLC 49. Easement Agreement upon the terms, conditions and provisions contained therein: Parties: Glacier LSC, LLC and Heavy Metal, LLC Recorded: April 26, 2017, as Doc. No. 2017-000-08293 50. Easement Agreement upon the terms, conditions and provisions contained therein: Parties: High Plains Development, LLC and Heavy Metal LLC Recorded: July 31, 2017, Doc. No. 2017-000-17815 NOTE: The foregoing numbered exceptions (1-4 and 6) may be eliminated in an ALTA Extended or HOMEOWNER'S Coverage Policy. INFORMATIONAL NOTES A. As an accommodation and not part of this commitment, no liability is assumed by noting the following conveyances describing all or a part of the subject property, which have been recorded within the last 24 months: None In addition to standard County recording fees, an electronic filing fee of $5.00 per document may be charged. C. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or Child Support Liens of record which attach to the name(s) or interest of the vested owner and/or proposed insured owner/borrower. Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and employment information • Mortgage rates and payments and account balances • Checking account information and wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice. All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Old Republic Title chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does Old Republic Can you limit Title share? this sharing? For our everyday business purposes — such as to process your transactions, maintain your account(s), or respond to court Yes No orders and legal investigations, or report to credit bureaus For our marketing purposes — to offer our products and No We don't share services to you For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes — Yes No information about your transactions and experiences For our affiliates' everyday business purposes — No We don't share information about your creditworthiness For our affiliates to market to you No We don't share For non -affiliates to market to you No We don't share - io to www.oldrepublictitle.com (Contact Us) U Who is providing this notice? Companies with an Old Republic Title name and other affiliates. Please see below for a list of affiliates. How does Old Republic Title To protect your personal information from unauthorized access and use, we use security measures protect my personal information? that comply with federal law. These measures include computer safeguards and secured files and buildings. For more information, visit http://www.OldRepublicTitle.com/newnational/Contact/privacy. We collect your personal information, for example, when you: How does Old Republic Title collect my personal information? Give us your contact information or show your driver's license Show your government -issued ID or provide your mortgage information Make a wire transfer We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can't I limit all sharing? Federal law gives you the right to limit only: Sharing for affiliates' everyday business purposes - information about your creditworthiness Affiliates from using your information to market to you Sharing for non -affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See the "Other important information" section below for your rights under state law. Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affiliates include companies with an Old Republic Title name, and financial companies such as Attorneys' Title Fund Services, LLC, Lex Terrae National Title Services, Inc., Mississippi Valley Title Services Company, and The Title Company of North Carolina. Non -affiliates Companies not related by common ownership or control. They can be financial and non -financial companies. • Old Republic Title does not share with non -affiliates so they can market to you Joint marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you. • Old Republic Title doesn't jointly market. Oregon residents only: We are providing you this notice under state law. We may share your personal information (described on page one) obtained from you or others with non -affiliate service providers with whom we contract, such as notaries and delivery services, in order to process your transactions. You may see what personal information we have collected about you in connection with your transaction (other than personal information related to a claim or legal proceeding). To see your information, please click on "Contact Us" at www.oldrepublictitle.com and submit your written request to the Legal Department. You may see and copy the information at our office or ask us to mail you a copy for a reasonable fee. If you think any information is wrong, you may submit a written request online to correct or delete it. We will let you know what actions we take. If you do not agree with our actions, you may send us a statement. American First Abstract, American First Title & Trust American Guaranty Title Attorneys' Title Fund Compass Abstract, Inc. LLC Company Insurance Company Services, LLC eRecording Partners Genesis Abstract, LLC Kansas City Management L.T. Service Corp. Lenders Inspection Company Network, LLC Group, LLC Lex Terrae National Title Lex Terrae, Ltd. Mara Escrow Company Mississippi Valley Title National Title Agent's Services Company Services, Inc. Services Company Old Republic Branch Old Republic Diversified Old Republic Exchange Old Republic National Old Republic Title and Escrow of Hawaii, Information Services, Inc. Services, Inc. Company Title Insurance Company Ltd. Old Republic Title Co. Old Republic Title Company Old Republic Title Company Old Republic Title Old Republic Title Company of Oklahoma of Conroe of Indiana Company of Nevada Old Republic Title Old Republic Title Company Old Republic Title Company Old Republic Title Old Republic Title Insurance Agency, Inc. Company of Oregon of St. Louis of Tennessee Information Concepts Old Republic Title, Ltd. Republic Abstract & Sentry Abstract Company The Title Company of Title Services, LLC Settlement, LLC North Carolina Trident Land Transfer Company, LLC After Recording Return To: Heavy Metal LLC. 629 Lower Valley Rd. Kalispell, MT 59901 IIIIIIIIIIINIIIIIIIIIIIIIIIaIIIIIIIIIIIiIIIIIiIIIIMIIIIlNIINIIIIIIIIINNINill�llq pae: i of 515 Debbie Pierson, Flathead Count, M7 by SS 7/31/2011s47 ADM EASEMENT AGREEMENT This Agreement is made this day of _ J r'� ` 2017, but and between High Plains Development, LLC. ('WD"), and Heavy M LLC. (" HML"). THE PARTIES AGREE AS FOLLOWS: A. HML has a transferable and assignable 20' easement for ingress, egress, and underground utilities to allow HML and its heirs, grantees, successors, and assigns �p ingress, egress, and underground utilities from US Highway 93, dated April 26, 2017 and recorded as Reception # 201700008293 in the Flathead County Clerk and Recorder's QOffice ("Easement"). B. HPD desires to obtain from HML the 20' easement for ingress, egress, and underground utilities to allow HPD and its heirs, successors, and assigns ingress, egress, and underground utilities from US Highway 93. NOW THEREFORE, for valuable consideration the receipt of which is hereby •�( acknowledged, the parties further agree: AGREEMENT: 1) Recitals- The aforementioned recitals are incorporated by reference as if fully restated herein; however, if any provision contained in the Recitals conflicts with those provided in the Agreement, the later shall control. 2) ; ;,Lr,t and Agreement of Easements. HU L hereby grants, sells, transfers and conveys to HPD, and its heirs, successors, and assigns forever, a perpetual, non-exclusive private and public road and utility easement across Tract 8 of Certificate of Survey No. 4491, lying and being in the Northeast Quarter of the Southwest Quarter of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana ("Property"), in the location, for the purpose, and on the terms and conditions set forth in this Agreement ("Easement"). I �IIIIII�IIvU1N �I��II IIIYniuimiM�iiiii�iun �I�II'n04 Page:20005815 Fees.$35.00 7/31/2017 1.47 PM 3) 1!11=se of the Easement. The Easement is of the purpose of using, maintaining, repairing and improving underground utilities and a roadway over and upon the Property for the purpose of ingress egress, and underground utilities. 4) Descril tion and location of the Easement, The location of the Easement from IBE to BPD is over, under, and across the "New 20' Easement" as generally depicted and described in the attached and incorporated Exhibit A. The Easement adds 20' to the existing 40' easement dated January 19, 1985 and recorded as Reception # 8502110130 in the Flathead County Clerk and Recorder's Office ("1985 Easement"), and the Easement expanded the 1985 Easement to 60', with 40' of the 60' located on the Property, as depicted on Exhibit A. 5) Right to Use. HML reserve the right to use the Easement for ingress, egress, and underground utilities. 6) Covenants Running With the Land/Assiggment• The parties hereto acknowledge and agree that the Easement and other rights conferred hereby are intended to, and do, constitute covenants that run with the Property and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. Without limiting the foregoing, 7) Binding Authority. It is intent hereto that this instrument be recorded and that any party who subsequently transfers, obtains, purchases, or otherwise acquires an interest in any of the property, subject hero, or any part thereof by acceptance or delivery of deed and/or conveyance to or of said property shall be deemed to have consented to and become bound by the terms of this Agreement. 8) Indemnification. Each party that obtains right, title and/or interest in the Easement granted herein expressly by implied consent through their use of the Easement agrees to indemnify and hold harmless against and from and and all liability or injury caused by their, their agents, guests and invitees, use and/or enjoyment of the Easement granted herein. 9) SigWoM Each signatory to this Agreement warrants that he/she is authorized to bind the representative to the term of This Agreement, and further agrees to execute and documents necessary to achieve the purpose herein stated. 10) Entire Agreement. The Agreement constitutes the entire agreement between the Parties and any prior understanding or representation of any kind relating to an easement preceding the date of this Agreement shall not be binding on any Party except to the extent incorporated in the Agreement. ��II�II�W��I�I�IIOI stII��IIWBIIYII��'II�lI11W Pa0a:3d5815 Fees: *35.00 7/31/2017 1.47 PM 11) Conflict. To the extent that the provisions of this Agreement conflict with pre- existing covenants and/or agreements, this Agreement will control. 12) Severance. In the event that one or more of the provisions hereof shall be held to be illegal, invalid, or unenforceable, such provisions shall be deemed severable and the remaining provisions hereof shall continue in full force and effect. 13) Amendment. Except as otherwise provided herein, this Agreement may be amended or modified only by written instrument executed by the owners of HML and HPD and their heirs, successors, or assigns. 14) Disclaimer. Each Party has carefully read the foregoing, and understands the contents hereof. 15) Additional Binding Authority. The Agreement shall be binding upon, and insure to the benefit of the parties hereof and their respective successors, heirs, and assigns. 16) Plural and Gender. Whenever used in this Agreement, the singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. 17) AUa='s Fees. In the event of a dispute arising concerning the enforcement of any term or provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed on those dates indicated below. AMY DOWNEY + p0k, NOTARY PUBLIC for the �o11q,j * �5EAl * State of Montana Residing at Kalispell, Montana orMo�`� My Commission Expires July 15, 2021 STATE OF ss County of HEAVY METAL, LLC. By: Rolland Andrews, Member On this Z Jth day of U , 2017, before me, a Notary Public for the State of M�`jaxtq , personally geared Stephen Edwards on behalf of HEAVY ��II�II���IWI����tl�I1.�IlY1Y�I�lI�I��IIIW� Pa9a:of 5 4 35 Fees. $35.00 7/32/2027 1.47 PM METAL, LLC., known to me personally or has shown proper identification and acknowledgment the forgoing instrument. _ IN WITNESS WHEREOF, I haver hereunto set my hand and affixed my Notarial Seal the day and year first heroine above written. C", Printed Name: AMY DOWNEY °w Notary Public for the to of I A j- �pQ�"nuf� nV)n2 1A tAR/4�` NOTARY PUBLIC for the * SEAL * State of Montana Residing at: Residing at Kalispell, Montana My Commission Expires _.. July 15, 2021 My Commission Expires: �j 5 202 STATE OF M onA ana ) ss County of �Z � 0�_* k aad ) HIGH PLAINS DEVELOPMENT, LLC. Step Edwards, Member On this 2 5+~day of , 2017, before me, a Notary Public for the State of M lmt0.x�9. , personall appeared Stephen Edwardson behalf of HIGH PLAINS DEVELOPMENT, LLC., known to me personally or has shown proper identification and acknowledgment the forgoing instrument IN WITNESS WHEREOF, I haver hereunto set my r affixed my Notarial Seal the day and year first heroine above written. AMY DOWNEY Printed Name: ° a NOTARY PUBLIC for the Notary Public for the to of MT ,TatARy� R.c State of Montana Residingat:j�5,pQ4.A • SEAL * Residing at Kalispell, Montana "�� .fie My Commission Expires My Commission Expires: -J 5� 202�, I� r„{ a W 3� �zp N t F+ 0 az� c F O W V w0 C z 5OE''wc P a C Z R.w W pIL �1 y 1�1 Q C a H d z iV Id NOISLAMo 1S I s ! 1 N t 3MW - M3LN30 NMO.L HIVON 113dSINA Ig 1I O VNVLLLIIt',Tid611IM co, :.::-:...-: �- Jit� tl�� NWW 9 �99999@9o9@ 099098899800 a0000000aoo _ •t wra�w..� ruua I I E III I o It — I I I I:Ea4�E III a 11 Faw.-. -: •C--S 8513 Md L4�I LTOZ/T£/L oo•sss :� ®® IIII II''1�n��pp�� ����II �p1�� �p1�p�p1 SIOLT000LIOZ NINIM11II1N1 1111� IMMIS a�wiw+Aor-cntiw a�rv.���xtuxn ... ...._ "1 W 1IINM111 c- c: F'v'�ravra�ic�` September 28, 2006 Gateway Properties, Inc. PO Box. 8770 Kalispell, MT 59904 Attention: Mr. Earl llolbeck CNIG Engineering, Inc. R0.Box 5159 C. M 1075 Trumble Creek Rd., Unit E Kalispell, MT 59903-5159 Office: 406-257-815 Fax: 406-57-8179 Mp lM w.dngengineering cwn tt Subject: .Preiaminairy GeotechnicalInvestigation Glacier Valley ViIlage Kalispell, Montana CMG Job No. 06-227 At your request, CMG Engineering, Inc. (CMG) has conducted a preliminary geotechnical investigation for the propo. o Glacier Valley Village Development in Kalispell, Montana. TheSite Plan, Figure 1, shows the general location of the site. The investigation was conducted to evaluate subsurface materials, conditions at the site, and develop general recommendations regarding suitability orthe subsurface soils for development. The investigation included a review of existing subsurface information for the site vicinity, subsurface explorations, field and laboratory testing, and engineering analyses. This report describes the work accomplished and provides our conclusions and general recommendations for use in the preliminary design and feasibility studies for the proposed project. CMG has strived to perform the investigation and develop recommendations in a manner consistent with the degree ofcare that is presently standard to the geotechnical engineering profession. PROJECT DESCRIPTION The project site consists of two. approximately 40 acre parcels, near US Hwy 93 and across the highway from the Big Mountain Golf Club, north of Kalispell, Montana. The 80 acre site is in the shape of a reverse diamond. The north 40 acre parcel borders US 1 l y 93 and the southeast corner of the north 40 acres adjoins the northwest comer of the south 40 acres, as shown on the Site Plan, Figure 1- The proposed site is bordered by residential construction, US Hwy 93, commercial buildings, and agricultural fields. The location of the site and surrounding properties are shown on the Site Plan, Figure 1. Based on discussions with you, we understand it is desirable to develop the property with infrastructure including underground utilities, asphaltic conurete paved roads, and we assume a mixture of residential and commercial structures. We anticipate utility construction could Glacier Valley Viitage CMG Engineering, ine. extend to a depth of about 10 to 15 feet below the ground surface, and site fills could be up to about 10 feet thick. We understand the proposed structures wil l consist of one-, two- and possibly three - level structures, SITE D ESCMPTION General The project site is reverse diamond -shaped and borders US Hwy 93 to the west, residential construction to the north, and agricultural fields to the east and south. The newly constructed Kalispell Armory is just south of this site. The site is relatively flat with gently sloping bills along the east side of the north 40 acres and the north side of the south 40 ages. The site has been historically used for agricuItural purposes, Fill material was not observed on the site. We also understand prior development has not occurred on the site. Topography Review of the available topographic reaps from the US Geological Survey indicate the site is relatively flat and near elevation 3,040 ft with the hills, as mentioned previously, extending up to elevations of about 3,080 fL Geology The project site Iies in the Rocky Mountain Trench bounded by the Sal ish Mountains to the West and Swan Range to the East. The trench was traversed by the ]Flathead Glacier and was covered by substantial areas of glacial lakes during recession of the ice mass. The surficial geology of tine area consists of si its and sands deposited by glacial lakes overlying glacial till soi Is consisting of silty gravel with, large cobbles and boulders that were deposited during glaciation of the area. SUBSURFACE CONDITIONS General Subsurface materials and conditions at the site were investigated on July 24 and 25, 2006, with ten borings, designated B-1 through B-10. The borings were advanced to depths ranging from about 15.7 to 20.5 ft. Piezometers consisting of 2-inch diameter PVC pipe with the lower 5 ft screened to allow for wager infiltration were constructed in Borings 13-1 and B-5. The approximate locations of the borings are shown on Figure 1, A detailed discussion of the field exploration and laboratory testing programs completed for this investigation are provided in Appendix A. Logs of the borings are provided in Appendix A on )Figures I through 10A. Soils The site has been historically used for agricultural purposes and a 0.8 to 2.0 ft topsoil/cultivated zone was encountered at the ground surface. The borings indicate the soils beneath the topsoil and cultivated zone are iakebed deposits consisting of interbedded layers of silt with varying percentages of sand and silty clay, underlain by stiff to very stiff silt with varying percentages ofgmvel. For the purpose of discumiom the materials and soils disclosed by the borings have been grouped into the following categories: Pagre Glacier Valley ViIlage CMG Engineering, Inc. 1. TOPSOIL 2. SILT and SAND 3. Silty CLAY 4. SILT with. Gravel 1. TOPSOIL. All borings advanced for this project encountered topsoil at the ground surface_ The topsoil generally consists of dark brown silt with abundant organics and roots. Standard Penetration Test (SPT) blow counts of 7 to 19 indicate the topsoil is medium stiff to very stiff. Moisture contents range from 4 to 21 percent. The topsoil thickness ranges frorn 9 to 24 inches thick with an average thickness of about 18 inches. 2. SILT and SAND. Silt with varying percentages of sand, and sand with varying percentages of silt were encountered beneath the topsoil layer in all boring except 13-1 and B-5. The silt and sand soils generally contain intermittent layers of sandy silt and silty sand, and extend to depths ranging from 4.2 ft to 16 ft deep. The sand is generally fine grained and the relative consistency of the silt soils range from medium stiff to stiffand the sand soils are generally loose to medium dense, based on SPT blow counts of 4 to 16 blows per foot. Moisture contents of representative samples range from 5 to 30 percent with the moisture contents typically increasing with depth. The silt and sand soiis are generally underlain by silty clay or silt with gravel soils. 3. Silty CLAY. Light gray, brown, and pinkish silty clay was encountered beneath the topsoil or silt and sand layers in all borings except B-3 and B-7. The depth to the top of the silty clay layer ranges between L2 to 15.6 ft. The silty clay is a lakebed deposit and is varved with interbedded layers of lean clay and fine grained sand. This deposit generally exhibits increased shear strength values in the upper 10 to 15 ft due to years of wetting and drying. 'I he relative consistency of this soil unit tends to decrease with depth as the moisture content increases. N-values of to 35 blows per ft indicate the consistency ranges from soft to hard. Moisture contents of representative samples range from 14 to 32 percent. Borings B-2, B-4, B- , B- , and 13-10 were terminated in this soil unit at depths of 153 to 20.8 ft- 4. SILT with Gravel. Silt with varying percentages of gravel was encountered beneath the silt, sand and silty clay layers in Borings 13-1, B-3, B- , B-6, and B-7. The silt with gravel soils were encountered at depths ranging from 6.5 to 16.0 ft below the ground surface. Cobbles anal boulders were not encountered within this layer during drilling operations; however, we anticipate they are present and should be anticipated when excavating into this layer. In addition, rock fragments larger than 3 ft maximum size are common in this soil unit and may be encounered in large cut areas or during utility construction. SP'l' blow counts ranging from 4 blows per foot to 50 blows for 4 inches indicate the silt with gravel soils are soft to hard. Blow counts typically range from 1 l to 25 blows per foot, indi frog stiff to very stiff soils. Moisture contents range from 2 to 15 percent. Borings B-1, B-3, B-5, B- , and B-7 were terrninated in this soil unit at depths of 15.7 to 20.7 ft. Groundwater Groundwater was observed in most explorations completed for this project, depending on the elevation of the boring. The highest groundwater depths observed were in the low lying areas Page 3 Glacier Valley Village CMG Fngineering, Inc. and were about 4.5 to 9 ft below the ground surfaufe. We anticipate the groundwater level rises and falls in response to rainfall and snowrnelt. Numerous other factors may contribute to groundwater fluctuations and occurrence of seepage; evaluation of these factors requires special study that is beyond the scope of this report. CONCLUSIONS AND RECOMMENDATIONS General Based on discussions with you at the time of this investigation, we understand the proposed development will consist of numerous lots with sanitary sewer lines, water lines, and asphaltic concrete paved roadways. Typical lot development will consist of one- to two-story structures with three-story structures, possible. We anticipate minimal cuts, and fills up to possibly 10 ft in height may be planned for this development. in our opinion, the site soils are suitable for development; however, due to the relatively low near surface moisture contents, significant moisture conditioning of the near surface soils will be necessary to achieve adcq uate compaction. in addition, groundwater should be anticipated in some utility trench excavations. Site Preparation The near surface soils encountered during our subsurface investigation consist primarily of cultivated silts and topsoil. The cultivated silt and topsoil will Treed to be removed in al l areas of site grading, roadway, sidewalk areas, or other settlement sensitive areas prior to commencement of work, The silt soils can be placed over the lots as topsoil, following rnam grading. The soils new the ground surface consist of moisture sensitive fine wined soils with little cohesion. As a result, these soils can he easily disturbed and strength diminished during construction, particularly in relatively high moisture content areas and where surface water is a] lowed to pond. Therefore, positive site drainage is of critical importance to both construction and long-term performance of the proposed development. Based on our observations during drilling, it appears the groundwater level is relatively high in the low lying areas near the northeast corner of the site. Surface diversion and seepage cutoff systems should be considered necessary and will assist in maintaining the undisturbed foundation soils in these areas daring foundation construction. Utility construction below the water table will likely rewire dewatering and may require subgrade stabiliza6on material in areas of soft soils or where water was allowed to pond and soften the underlying subgrade. Soils encountered at the site are moi sture-sensitive and are easily disturbed by construction activities and traffic. Heavy construction traffic should not travel directly over lei ne-grained subgrade soils ire areas where the soil is near` or wet of the optimum moisture content as determined by ASTM D 98_ In areas where heavy construction traffic is anticipated, haul roads with a minim urn gravel thickness oft feet should be constructed over the planned subgrade. The gravel should consist of a e11-graded pit rout gravel with a maximum size of inches with no more than 10 percent passing the No. 200 sieve. Geotnaile fabric placed between the fine-grained soils and gravel for the haul road will reduce the risk of continued maintenance of the haul road during construction. Provided Page 4 Glacier Vaticy Vilisge CMG Engineering, Inc. that the haul road is constructed over firm subgrade stripped of organics, it can be used as a portion of the subbase course for roadway areas. In addition, moisture contents of the near surface soils, in most areas, at the time of our investigation were below the optimum moisture content for the silt with sand sails, indicating the risk of disturbing the soils with construction traffic is low, assuming adequate drainage is provided. However, due to the low moisture contents and lack of cohesive soils near the ground surface, it will be necessary to scarify the upper 8 inches of subgrade soi Is, moisture condition the soils to within 3 percent of the optimum moisture content, and compact the soils to a minimum of 95 percent of the maximum dry density as determined by A '1 M D699 prior to construction of fills, roadways, buildings, and other settlement sensitive developments. Foundation Design The site is relatively flat with groundwater within 4.5 to 9 ft of the Bound surface across much of the site. Due to the risk of water infiltration into basements and the lack of areas to gravity drain water collected below grade, we rccommen d basements not be constructed within the flat areas of this development. Construction of basements and below grade structures is reasonable in the higher areas of the site along the slopes. Footings should be established in the undisturbed stiffsiIt, sand, silty clay or silt with gravel soils. Precautions to minimize disturbance of'the bearing shave and reduce associated differential settlements will he provided in the final geotechnical investigation report* The foregoing recommendations present our preliminary geotechnical input to assist in the design and feasibility studies for this project. In order for these revornmendations to be properly incorporated in the subsequent design and construction stages we recommend that a final geotechnical investigation be completed for this project. This will likely consist of more subsurface exploratiuns and possibly settlement analysis in large fill areas. We recommend our geotechnical engineering staff remain involved with the pixo ect to ascertain that our recommendations have been properly interpreted both during design and construction. These services will reduce the poWntial for misinterpretation of subsurface conditions and geotechnical design recommendations that are importarkt try the preparation of project plans, specifications and bid documents. Page 5 Glacier Valley Village CMG Engineering. Jnc- LING I TA'TION CMG Engineering, Inc. has strived to prepare this report in aocordance with generally accepted geotechnical engineering practices in this area solely for use by the client for preliminary design and project feasibility purposes and is not intended as a construction or bid document representing subsurface conditions in their entirety. The conclusions and recommendations presented are used upon the data obtained during the investigation as applied to the proposed design and construction details discussed in this report. The nature and extent of variations between the borings may not beooe evident until the final geotechnical investigation is completed or during construction. If variations are then exposed, it will be necessary to reevaluate the recommendations ons of this report. if changes in the concept or design data are planned, the recommendations contained in this report shall not be considered valid unless the charges are reviewed by our geotechnical engineer, and a written response is provided. Sincerely, John W. Ayers, P.E. Senior Materials Engineer �Jloshua C . Smith, P-E. Senior Geowchnical Engineer Page 6 Awk- project: Glacier Valley Village KaIispelL Montana job Number: W227 Date- Septembcr 28, 2006 Site Plan CMG Engineering, Inc. Kalil} IL MIT FIGURE I APPENDIX Field Explorations and Laboratory Testing 0jacier Valley Village CMG Engineering, Inc. FIELD EXPLORATIONS AND LABORATORY TESTING FIELD EXPLORATIONS General The subsurface materials and conditions at the site were investigated by CM G on July 24 and 5, 2006, with ten borings designated B-1 through B-10. The 1 ocations of the borings are shown on the Site Plan, Figure l . All field explorations were observed by an experienced engineer or geologist provided by our firm, who maintained a detailed log of the materials disclosed during the course of the work. The following subsections contain a detailed description of the field investigation completed for this project. Borings Borings B-1 through .B-10 were completed to depths ranging from 15.7 to 20.9 ft. The borings were drill ed with hollow -stem auger techniques using a truck -mounted Mobile B 1 drill rig provided and operated by O'Keefe Environmental Drilling of Butte, Montana. Disturbed and undisturbed samples were obtained from the borings at .5- to 5-Ift intervals of depth. Disturbed samples were obtained using a standard split -spoon sampler, At the time of sainph ng, the Standard Penetration Test ( PT) was conducted. This test consists of driving a standard split -spoon sampler into the soil a distance of 18 in. using a 140-lb hammer dropped 30 in. The number of blows required to drive the sampler the last 12 in. is known as the Standard penetration Resistance, or N- value. The -values provide a measure of the relative density of granular soils, such as sand, and the relative consistency or stiffness of cohesive soils, such as silt and clay. The soil samples obtained in the split -spoon sampler were arefidly examined in the field, and representative portions were saved in airtight plastic hags for f ulher examination and physical testing in our laboratory. Undisturbed soil samples were collected using a thin waJled she.lby tube pushed into the soil with the drill rig's hydraulics. Logs of the borings are provided on Figures I through 10A. Each log presents a descriptive summary of the various types of materials encountered and notes the depth where the materials and/or characteristics of the materials change. To the left of the descriptive ,,urnmwry, the numbers and types of samples taken during drilling operations are indicated. To the right, -values are shown graphically, along with the natural moisture contents, Attrberg Limits, and Torvane shear strength values. LABORATORY TESTING General All samples obtained frorn the borings were returned to our laboratory where the physical characteristics of the samples were noted, and field classifications were modified where necessary. The laboratory testing program for this project consisted of natural moisture contents. Natural moisture content deterrni stations were made in confi)nnance with ASTM D221& The results are shown on the boring logs, Figures l A through 1O. Page A-1 ii 0 TEST RESULTS Plastic Limit I Liquid Limit W Water Content * �pement) (Blows ir foot) S1 LT; st iff, Moist, abundant organ ic s, d n rk brown I��Ijl !!!!!=! pinkish brown and brovm SILT with Sand MOravelly �q &Ubround gravel, grayish brown Rottoin ofBoring■ I Is !!!!!!!!!! !! !!! !! !!! !! !!! !! !!! !! !!! !! !!! Ficture 1A PAGE I of 1 BORING I LOG B- W, I Lill Wit YrawM PROJECT. Glacier Valley Village PROJECT NO.: 06-227 CLIENT: Gateway Properties, Inc. DATE: _ auIy 24, 2006 LOCATION: N- 40 Acres, NE Corner ELEVATION: - DRILLER: (}I Keefe Drilling - Sieve LOGGED BY: Jeff Schmidt METHOD: Hallow -stern Auger GW: 4-5' 7-24-06 (2): � = J TEST RESULTS Plaslw, Uirril I , Uquld Lk0 a o � � MATERIAL pERIPTIN UUater CoNent - (percent) N-values A (Blows per toot) 00 50 60 70 90 0.0 ;;;;. SILT, medium stiff, rnoist, abundant organics, dark bro n (TOPSOIL) -1 -0 ' Poorly Graded SAND with Silt, loose, moist, fine grained sand, brawn S-2 4-2Silty CLAY; medium stil'fto stiff, it]oist, thinly bedded to - .1 pinkish brown and brown laminated. gray, p . Interbedded with silt and sand layers - 00 t 00 3' of heave in augers at M2 ft due too sand Iayer -10 T scattered gravels below 15 ft S0-0 000 S-5 20 20.7 Bottom of Boring B-2 203 ft. 35 Figure 2A PAGE 1 of 1 egg IF � • i i F *WaterContani i Urnif - per W i II M i�+i i■iiiiii SILT with Sand to Sandy SILT, medium stiff, moist, fwc� grained sand, brown, so i I tends to coarsen with depth i■ii iiii i■ii�iiii �■iiiiiiii ��■■■■�iiiiii i►viiiiiii '� 1 [ ■ �" }}}y �Y� 011 4 rw � i 61 �+ Y �i I subround gravel, grayish i■�iiiiiii: ��f�iriiiii i�➢■iiiiiiii Bottom of Boring i i ii i i i rii i ii i � i ii i i i i i ii � ii i i ii ii i � i around�vater not encountered. Figure 3A PAGE 1 of 1 BORING LOG B •� MATERIALPlastic Urnirt WaW Content (percent) N-valuK A (Blows par foot) ' M medium grainud sand, brown, soil tends to coarsen with depth laminated. gray, pinkish brown and brown Bottom of Boring B-4 Ou I Grouna�vater Figure 4A PACE 1 of 1 •PROJECT CLIENT: Gateway Properties, Inc. ■+ • •ELEVATION: ■- f BY: Jeff Schmidt METHOD: miumm MATERIAL DESCRIPTION i �25 30 I� 1 1organics, ������ ����j� ����� !��j bedded [iinkish brown " brown saturated below iImiiMi �i _ iiii■ i_'� t■��■�iiiiii �■i�� iiii i■iii iiii i■ii_i_ii_i_�_=� 7 w" ,� `r` "'� +,rown brou ndiiiiiiii '■iiiiiiii i■i��iiiiii ■��ii iiii ■iiii iiii 2 Diameter perforatc d P VC pipe installed to 19- Wfar periodic groundwarer measurement.y. Figure 5A PAGE 1 of 1 BORING PROJECT:"PROJECTNO.: 06-227 DATE. LOCATION.Acres, NW CornerELEVATION: LOGGEDDRILLER: O'Keefe Drilling- Steve t Y: Jeff Schmidt Y S �i ! i i Y TEST RESULTS Water Contenti Liquid Limit + � I� 0 14-2 0 S I LT, miff, moist, abunda nt oigan ic�, dark brown wwww■r■ w■w■w■w� w�5.w■w■ w■w■w■ w�aw■w■� w■w■ wa�w■w■ SILT; �,tiff, mois( gray Interbedded with 2 to 6 Sandy Silt layers _w■ w■w■w■w■ w■ w■.w_w■w■ w■w■w■ �w■w■w■ w■ �w■w■ ■FRa'Tww■ w■w■ww■ w■w■w■ ���w■w■ ��ww■w■w■ w■w■w■w■ w w■w■w■��w■w■ w w■ �w■w■w■w■w■w■ w■w■w■ w■ w w; w■ww■mow■w■ ww■w■w■w■w■w■ w■� w■w■w■mow■ww■ wu w■w■w■w■�■w■w■w■ w■ ww■ww�w■ww■ w � w■w■wow■w■w■ w■ w■w■w�ww■w■ w■�w w■w■wrw■w■ w■�w w■w■w��r■ �■o■w■w■w■�■w■w■w■ w■ww■w■ rww■w■w■ R ���p ` ��M �� 4 "`{� ��/y + i wl::il w■w■ww■w■ w■1■�iw■www■w■w■w■ w■■■w■w■wiw■w■w■w■ �w■w■w■�w�w■ w■w■wiw■w■w■w■ w■ w■ w■ w■ w■ w■ w■■w ww■w■w��■w■ I SI LT with 0 rave 1; mediu in stiff to stiff, very moi�t to + brown w■■iw■�!w■w■w■mow■ w■ww■�w■w■w■w■�■w■ ��■ii�w■w■w■ i w■ w■w■w■w■w�i � w■w■ w■w■w■w■ w w■w■i w■w■wiw ww■w■ ��w■w■ � w■w■w■w■ w■w■w■w■ w■w■w■w■ w■w■w■w w■ w■ w■ w■ w■ wM w■ w■ w■ ws r• w■ w■w■ w■w�r1w w■w■� w■w■w■w■w■w■w■w■w r■w■w■w■w■w�w■w■!w■ r■w■w■w■w■wr�=�� �w■w■w■w■�w■w■w■w■ r■w■w■w■ww�_w■w■w■� rrw■w■w■w■w��w■w■ ■mow■ w■ w■w■ w■Mww■ w■w■ w■r■w■w■w■w■�w■w■w■ w■ �■ w■ w■ w■ w■ ■� w■ w■ w■ w■r■w■w■w■w■ w■w■w■ w■rw■w■w■w■r■w■w■w■ w■ rww■ w■w■ w■ IMII■w■ w■w■ w��w■w■w■ M ` w■! w■w�■w■w■ �r■w■w w■ w■w■r■w■w■ w■w■ w■w■�w■w■ w■w■ w■w■wMw■w■w■ w w■w■w■www■w■w■ w■ w■w■w■■�w■w■w■w■w■w w w■w■ � mow■ w■w■w■ r•. ww■ww■� w■ww■�: w■w■w■w■ w■w■w■w■' r■w■w■w■w� w■w■w■� �w■w■w■w■ w■w■w■w■ iwre $A PAGE 1 of 1 BORING LOG PROJECT: glacier Va I ley Villa a PROJECT NO.: 06-227 CLIENT: Gateway Properties, Inc. DATE: July 24, 2006 LOCATION: S.4(lAcres.NECorner ELEVATION: DRILLER: O'Keefe Drilling -Steve � LOGGED BY: Jeff "chlllidt r .{ METHOD: Hollow -stem Auger _ G : _ W(). 3 I'll. ._ 7 S;Ixi..n- TESTRESULIS � H = J Plastic Limit 1- Liquid Umlt LU O MATERIAL DE k IPTi N Water Content (Psrcent) N-values A (Blows per toot} 50 60 70 9d -1 a. v;;; SILT; medium stiff, damp, abundant organics, dark brown 0.8 TOPSOIL Sand} SILT and Silty SAND; Ioase. damp to moist, fine Uh grained sand, brown, soil tends to coarsen with depth -- 2 10 13.1' Silty GRAVEL with Sand, very dense, subanguIar to subround gravel, scattered cobbles and boulders, gray lsl'I „ brown 15-7 Bottom of Boring B-7 @ 15.7 ft. 20 25 30 3� Groundwater not encountered. Figure 7A PAGE 1 of 1 BORING LOG PROJECT: Glacier Valley Village CLIENT: Gateway Properties, Inc. PROJECT NO.: 06-227 _ DATE: July 24, 2006 - LOCATION: S. 40 Acres, Center ELEVATION: R DRILLER: O'Keefe Drilling - Steve METHOD. Hollow -stem Auger LOGGED BY: Jeff Schmidt G = = — — GW( ). FJ,1)w-2'-7 Shc ,er%,ojln a D.W uJ w P+ MATERIAL DESCRIPTION TEST RESULT$ plashe Limit li LiquidLimit Water Consent (perceril) N-values ■ (Blows per toot) -1 4.0 11.. SILT, stiff, damp, abundant organics, dirk brown 1 20 3040 50 607 80 90 aJJ� 14 TOPSOIL, SILT with Sand; stiff', moist, fine grained sand, brawn fir2 4, Silty CLAY, medium stifJ`to stiff'; moist, thinly bedded to laminated, gray, pinkish brown and Drown Interbedded with silt and sand layers very moist to saturated below 14 fl 10 10 '00i� 0#0 0 0 �0 0#0 0 #0 -. 15Zi 0 1 .7 Bottom of Boring B-8 15.7 ft. 2t} 25 -30 3� Groundwater not encountered Figure 8A PAGE 1 of 1 PROJECTPROJECT: Glacier Valley Village NO.: , Properties,CUENT: Gateway DATE: 25, 2006 LOCATION. CornerELEVATION: D' •LOGGED METHOD -Hollow -stem f 1 20 30 Liquid 1 .i •y Limit i 40 1 1 50 1 ■ 0-0 2.0- 1 � i inly b0dedto lam i nated,gray,=[ivy_,��___ pinkishbrown 4brown Interbeddedwith silt and sandlayers very moist to sat Uratm MOW 1-3 ft soft to medium stiff below 18 ft ::����� :■■.ram Figure 9A PAGE 1 of 1 W-e Im CLIENT: Ojawway Prqpertie�;, Ino. DATE: July25,2006 LOCATION: S, 40 Arres, SE Corner ELEVATION: DRILLER: O'Keefe Drilling - Steve LOGGED BY: Joshua Smith METHOD: M M ff" MATERIAL DESCRIPTION TE3T RESULTS Water Content _ : (percwt) i * r —15 * -30 35 ■ I� 1 SILT; stiff, damp, abundantdark brown l�lllllla�� irlJl�llllii r sand, l ii 11 MEN l dal lllasl 11 l ltilli�llll lRallli !!�� 1 lMMEMEME A ll� llii i•!!_i_!_ !!ll� MINME ME ililll� MME F71illlll ! ! 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N O� �I s X LO o- / o L o O U m-. 0 N N -- N N l V V V � V � V C7 V C7 � M V c) � M M LO C04 AM PH N N V N N Lo� - ' O N N IN 04 04 00 co co rn N N � Lid CO co m co N N N PTOE #4336 wGMGROUP Eagle Valley Ranch fic Impact Analysis Kalispell, Montana 17-06-24 Spartan Holdings 06.19.2018 1111 East Broadway, Missoula, MT 59802 1 OFFICE 406.728.4611 1 EMAIL wgm@wgmgroup.com REPORT DATE: 06.19.2018 AUTHOR: Mark Bancale, P.E., PTOE Senior Traffic Engineer WGM Group, Inc. Eagle Valley Ranch ANTraffic Impact Analysis I "'ONTENTS INTRODUCTION.............................................................1 NO -BUILD TRAFFIC VOLUMES................................4 SITE -GENERATED TRAFFIC.....................................6 ASSIGNMENT OF SITE -GENERATED TRIPS ......... 7 BUILD TRAFFIC VOLUMES.......................................11 CAPACITY ANALYSIS...............................................13 CRASH ANALYSIS......................................................18 NON -MOTORIZED TRANSPORTATION ...............19 SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS .............................................. 20 APPENDICES A - CAPACITY ANALYSIS WORKSHEETS B - LEVEL OF SERVICE DEFINITIONS Eagle Valley Ranch Traffic Impact Analysis I 0 INTRODUCTION Spartan Holdings proposes to develop a residential subdivision, Eagle Valley Ranch, east of US Highway 93 and north of Rose Crossing, in Kalispell, Montana (see Figure 1). This development will be constructed in phases and will feature a variety of residential development types, on a total of approximately 99.7 acres (see Figure 2). This traffic impact study was prepared using standard traffic engineering techniques to forecast traffic volumes and operations at the proposed site access points and nearby study intersections. Capacity analysis is presented both with and without the traffic generated by the proposed development to determine what impact the development will have on traffic operations. The subject property is currently undeveloped. Adjacent land uses include residential development, agricultural fields, and a developing mixed -use commercial area to the south. Vehicle access to Eagle Valley Ranch is proposed at three points. Flathead Boulevard and Eagle Valley Drive are each proposed as three-quarter movement accesses (right -in, right - out, and left -in) onto US Highway 93. Flathead Boulevard will also access Rose Crossing on the south with a stop -controlled access. Following consultation with MDT and the City of Kalispell, the following study intersections were identified for detailed analysis in this report: 1. US Highway 93 and Flathead Boulevard 2. US Highway 93 and Eagle Valley Drive 3. Rose Crossing and Flathead Boulevard 4. US Highway 93 and Rose Crossing In brief, the analysis conducted for this report leads to the findings that the subject development will not negatively impact traffic operations at the study intersections. This assumes that the traffic signal proposed by Kalispell North Town Center at the intersection of US Highway 93 and Rose Crossing is installed during the buildout of the development. No additional intersection improvements are required. Finally, sidewalks built on the site will connect to the sidewalks under construction on Rose Crossing, but no additional non - motorized transportation facilities exist in the project area. Eagle Valley Ranch Traffic Impact Study I _ � �� - fir. _ • x SITE LOCATION a - - � � a ROSE CROSSING_ lY ,i W e3 - 1 � lL W - „ f ' .,.4..•_ 4V RESERVE UR _ ..� �,� L , tA Tr 1 i , - * y 4 it FIGURE 2: PROPOSED SITE PLAN U ��Nonn�wb9✓. saenvlaro' r�W - kn r ,�. '��i,i 'y. i.�.,3a>ji+els,sjn; I;.Sr't2s ''',y '•�' PUD Summary Open Share and Highway Landscape Buffer. 19 6 Acres Total Area One-Famlly Residential (112 Lots) Minimum 5,000 s° - 14.97 Acres Two -Family Residential (113 Lo%) Minimum 5,000 s` - 14.59 Acres Mult-Family Residential Lot Maximum 276 Units - 13.84 Acres Future Mixed -Use Densi6aa not Determined -18.18 Acres Right -of -Way and Roadway 17.2 Acres ROW 11.21 Acres Paved Roadway (ind.) 1,39 Aems in Paved Alley s '/' Vicinity Map tea_ �,.., ,. ,�..:. ,: <- �, - s<,o,•.,�a��.�•I �.'LF 17 231 ^ 234 237 LOT 240 - II 13.8 Acre I r� k 232 235 238 • `' Apartment Site •- Y - - - -- - - 276 QU @ 20 Dt1IAC 3 Story Bukings - 40 Ft Hgt Max. 233 i 236. 239 552 Parking Spaces ' I — V 209 3 + .. n 12. SEL-19 Ts9H, R21W. FlAif lAUCWr,IY. AICILIR[vA •.. .. al i dlii'L►'1.P.L�. u I1n.t C7EYP.�0�1F77.P.f'Lt " I Dowtoper: 5partu % Hc>;d++aga KaUgxiis Movdxurwl Lad PMnnw aM Ls wsau aAFc iWcL WGM Group W ' Civil Sn& m. VYGM Gray Tm'%f nglne .WGM Grdp WGINGRLIIIP Surveyor S9m Goldi Su"ying Geu a iw CumvftarR: CMG 6ngt—ring Inc. Date: a6.04-201a 9FL MA Eagle Valley Ranch Traffic Impact Study I 3 0 NO -BUILD TRAFFIC VOLUMES The standard approach to preparing a traffic impact study is to conduct counts of existing traffic at the study intersections, and to project these volumes to the study year using an annual traffic growth rate. This standard approach is complicated in the present case by the fact that Rose Crossing is being extended from its current terminus at Whitefish Stage Road to intersect with US Highwy 93 south of the Eagle Valley Ranch site. This extension will result in a significant diversion of existing peak hour traffic. Additionally, a large mixed - use development known as Kalispell North Town Center (KNTC) is well along in the approval process and will generate large volumes of traffic through the study intersections. Upon detailed review of the KNTC TIS prepared by CTA (December 2016) it was WGM Group's conclusion that the most reasonable approach to the Eagle Valley Ranch TIS is to use the KNTC Phase 1 + Phase 2 build traffic volumes as the "no -build" condition for Eagle Valley Ranch. The KNTC build volumes already have accounted for and incorporated estimates of the Rose Crossing diversions and KNTC site -generated traffic. Before starting on this TIS, WGM Group communicated with both MDT and the City of Kalispell and confirmed that this approach to the traffic analysis is acceptable to both agencies. The KNTC Phase 1 + Phase 2 build traffic volumes are presented in Figure 3. These are the no -build traffic volumes projected to exist if the proposed Eagle Valley Ranch Development is not constructed. (Note that the KNTC TIS treated the intersection of Rose Crossing and Flathead Boulevard as an internal intersection and, as such, did not include traffic volume estimates at this location. For the purposes of this TIS, WGM Group prepared an estimate of traffic volumes at this intersection based on continunity of traffic flow on Rose Crossing between Flathead Boulevard and US Highway 93, and a basic understanding of the proposed land uses north and south of the intersection.) Eagle Valley Ranch Traffic Impact Study I 4 FIGURE 3: PROJECTED NO -BUILD PEAK HOUR TRAFFIC 1w+ ow Eagle Valley Ranch Traffic Impact Study I 5 0 Sl TE- GENERA TED TPA FFl C At full buildout of the residential development proposed within Eagle Valley Ranch, the land use will consist of approximately 112 single family homes, 226 townhomes, and 276 apartment dwelling units. Data from the Institute of Transportation Engineers (ITE) publication Trip Generation (9th Edition) was used to estimate the number of trips that will be generated by the proposed development. Table 1 shows the results of the trip - generation calculations. It is possible that additional portions of the property may develop in the future with land uses that can not be predicted at this time. Should this occur, additional traffic analysis will be prepared to address the additional development at that time. This analysis focus on only the residential development. TABLE 1: SITE -GENERATED VEHICLE TRIPS Land Use Size ITE Land Use Code AM Peak -Hour Trips PM Peak -Hour Trips Entering Exiting Entering Exiting Single Family Residential 112 210 22 66 73 43 Residential Townhomes 226 230 17 82 78 39 Apartments 276 220 28 111 110 59 TOTAL 1 67 259 261 141 Eagle Valley Ranch Traffic Impact Study I 6 0 A SSl GNMEN T O F Sl TE- GENERA TED TP/PS Peak -hour turning movement counts conducted on an approach to US Highway 93 from a nearby residential development show that 20% of peak hour drivers turned north toward Whitefish, while 80% turned south toward Kalsipell. The preparers of the KNTC TIS used separate methods to also arrive at the conclusion that 20% of traffic from that site would travel north. They further concluded that 50% would travel to/from the south on US Highway 93, with the remaining 30% using Rose Crossing to the east. WGM Group used this same trip distribution pattern for the analysis in this report after checking it for reasonableness against the land use density and roadway network in the greater Kalispell area. The estimated site traffic arrival and departure patterns for Eagle Valley Ranch are illustrated in Figures 4 and 5. The AM and PM site -generated vehicle trips from Table 1 were distributed through the study intersections in accordance with the estimated arrival and departure patterns, resulting in the site -generated peak -hour trips shown in Figure 6. These are the vehicle trips that are new to the roadway network as a result of development of the proposed Eagle Valley Ranch residential development. Eagle Valley Ranch Traffic Impact Study I 7 FIGURE 4: SITE TRAFFIC ARRIVAL PATTERN Eagle Valley Ranch Traffic Impact Study I %6 qw J zj7l 4 FIGURE 5: 51TE TRAFFIC DEPARTURE PATTERN W Vr. 4r' LEGEND or -r.val Pattern mom� Departure Pattern SITE LOCATION OIL Eagle Valley Ranch Traffic Impact Study FIGURE 6: SITE -GENERATED PEAK -HOUR TRAFFIC Eagle Valley Ranch Traffic Impact Study I 10 0 BUILD TPAFFlC VOLUMEc Combining the site -generated trips from Figure 6 with the no -build traffic volumes from Figure 3 results in the projected Eagle Valley Ranch build traffic volumes shown in Figure 7. These are the traffic volumes projected to exist at the study intersections when the Eagle Valley Ranch residential development is fully built -out and occupied. MA Eagle Valley Ranch WTraffic Impact Study I 11 FIGURE 7: PROJECTED EAGLE VALLEY RANCH BUILD TRAFFIC VOLUME T. W-. w Ri"rr 781i,,r 1 a Elf Eagle Valley Ranch Traffic Impact Study I 12 0 CAPACITY ANALYSIS Intersection capacity analysis was conducted for each of the study intersections in accordance with the procedures presented in the Highway Capacity Manual, 2010 Edition, published by the Transportation Research Board. The analysis results are discussed below and the analysis worksheets are contained in Appendix A. The analysis procedures result in traffic level of service (LOS) rankings from A to F, with A representing essentially free -flow conditions and F representing congested conditions. See Appendix B for a description of the various LOS categories for unsignalized intersections. Elf Eagle Valley Ranch Traffic Impact Study I 13 1. INTERSECTION OF US HIGHWAY 93 AND FLATHEAD BOULEVARD EXISTING CONDITIONS This intersection does not currently exist. US Highway 93 is a north/south arterial roadway with two travel lanes in each direction plus a center two -way -left -turn -lane (TWLTL) and nine -foot paved shoulders. Flathead Boulevard will be constructed as a site access on the east side of US Highway 93, with one entering lane, one existing lane, and a raised median to limit the intersection to three-quarter access movements. Flathead Boulevard will be stop -sign controlled. The posted speed limit on US Highway 93 is 65 mph. CAPACITY ANALYSIS Capacity analysis of this intersection was conducted using the build traffic volumes developed earlier in this report. The results of this analysis are summarized in Table 2. TABLE 2: US HIGHWAY 93 AND FLATHEAD BOULEVARD LOS SUMMARY Build Traffic Volume Peak AM Hour Peak PM Hour Delay LOS Delay LOS Southbound Left 10.3 B 15.0 B Westbound Right 12.2 B 17.0 C *Delay is measured in seconds per vehicle. The analysis summarized in Table 2 shows that the proposed Flathead Boulevard access to US Highway 93 will operate at an acceptable level of serivice with full bulidout of the proposed residential subdivision. No intersection improvements are necessary at this location with the exception of the construction of the proposed approach street. Eagle Valley Ranch Traffic Impact Study I 14 2. INTERSECTION OF US HIGHWAY 93 AND EAGLE VALLEY DRIVE EXISTING CONDITIONS This intersection does not currently exist. US Highway 93 is a north/south arterial roadway with two travel lanes in each direction plus a center TWLTL and nine -foot paved shoulders. Eagle Valley Drive will be constructed as a site access on the east side of US Highway 93, with one entering lane, one existing lane, and a raised median to limit the intersection to three-quarter access movements. Eagle Valley Drive will be stop -sign controlled. The posted speed limit on US Highway 93 is 65 mph. CAPACITY ANALYSIS Capacity analysis of this intersection was conducted using the build traffic volumes developed earlier in this report. The results of this analysis are summarized in Table 3. TABLE 3: US HIGHW aLE VALLEY DRIVE LOS SUMMARY Build Traffic Volume Peak AM Hour Peak PM Hour Delay LOS Delay LOS Southbound Left 10.2 B 16.0 C Westbound Right 12.3 B 17.9 C *Delay is measured in seconds per vehicle. The analysis summarized in Table 3 shows that the proposed Eagle Valley Drive access to US Highway 93 will operate at an acceptable level of serivice with full bulidout of the proposed residential subdivision. No intersection improvements are necessary at this location with the exception of the construction of the proposed approach street. Eagle Valley Ranch Traffic Impact Study I 15 3. INTERSECTION OF US HIGHWAY 93 AND ROSE CROSSING EXISTING CONDITIONS This intersection does not currently exist. US Highway 93 is a north/south arterial roadway with two travel lanes in each direction plus a center TWLTL. Rose Crossing is currently being constructed by the developers of GNTC with a three -lane section from its current terminus at Whitefish Stage Road to intersect with US Highway 93 and form this intersection. At its intersection with US Highway 93, Rose Crossing will provide one left -turn lane and one right -turn lane, with stop -sign control. The ultimate configuration of this intersection will include a second eastbount left -turn lane and traffic signal control. The KNTC development has proposed this intersection buildout, and is monitoring the intersection to determine when the traffic signal is warranted. KNTC will construct the traffic signal when warranted. CAPACITY ANALYSIS Capacity analysis of this intersection was conducted using the no -build and build traffic volumes developed earlier in this report. The results of this analysis are summarized in Table 4 assuming stop -sign control. TABLE 4: US HIGHWAY 93 AND ROSE CROSSING LOS SUMMARY Peak AM Hour Peak PM Hour No -Build Build No -Build Build Delay LOS Delay LOS Delay LOS Delay LOS Westbound Left 254.8 F 1262.1 F 3863.7 F 8420.8 F Westbound Right 13.6 B 14.1 B 17.4 C 19.4 C Southbound Left 11.2 B 11.5 B 17.5 C 20.8 C *Delay is measured in seconds per vehicle. The analysis summarized in Table 4 shows that the intersection of US Highway 93 and Rose Crossing will operate at a very poor LOS F in the no -build condition. This includes traffic from the Rose Crossing extension, as well as development of 14 commercial lots and an elementary school in KNTC, estimated to generate approximately 1,900 AM peak hour trips and 3,400 PM peak hour trips. Having forseen these traffic operations, the preparers of the KNTC TIS recommended signalization of this interesction. This signalization will occur once enough development comes online to warrant the signal. With signalization, this intersection will operate an an overall LOS A or B under both the no -build and build conditions. Eagle Valley Ranch Traffic Impact Study I 16 4. INTERSECTION OF ROSE CROSSING AND FLATHEAD BOULEVARD EXISTING CONDITIONS This intersection does not currently exist. Rose Crossing is currently being constructed as an east/west three -lane roadway between US Highway 93 and Whitefish Stage Road. At this intersection, Rose Crossing will consist of one left -turn lane and one through/right-turn lane in each direction. The north and south legs of Flathead Boulevard are also being constructed by the developer of KNTC with a single left/through/right lane southbound, and one left -turn land and one through/right-turn lane northbound. Both the northbound and southbound approaches will be stop -sign controlled. CAPACITY ANALYSIS Capacity analysis of this intersection was conducted using the no -build and build traffic volumes developed earlier in this report. The results of this analysis are summarized in Table 5. TABLE 5: ROSE CROSSING AND FLATHEAD BOULEVARD LOS SUMMARY Peak AM Hour Peak PM Hour No -Build Build No -Build Build Delay LOS Delay LOS Delay LOS Delay LOS Eastbound Left 7.5 A 7.6 A 7.6 A 7.9 A Westbound Left 7.8 A 7.8 A 7.7 A 7.7 A Northbound Left 14.0 B 18.5 C 15.6 C 21.1 C Northbound Th/Rt 10.6 B 10.7 B 10.9 B 11.7 B Southbound Lt/Th/Rt 12.1 B 16.3 C 12.4 B 16.2 C al *Delay is measured in seconds per vehicle. The analysis summarized in Table 5 shows that the intersection of Rose Crossing and Flathead Boulevard will operate at an acceptable LOS C or better in both the no - build and condition. No intersection improvements are required. Eagle Valley Ranch Traffic Impact Study I 17 0 CPA SH A NA L YSI S Crash analysis was not conducted because none of the study intersections currently exist. Eagle Valley Ranch Traffic Impact Study I 18 0 NON -MOTORIZED TPANSPOPA TION There are no no -motorized facilities (sidewalks, bike lanes, trails) on US Highway 93, nor within the surrounding roadway system, in the vicinity of the site. Boulevard sidewalks will be constructed along all public streets within the Eagle Valley Ranch subdivision, providing connectivity for pedestrians within the subdivision, and connecting to the sidewalk being constructed along Rose Crossing. Eagle Valley Ranch Traffic Impact Study I 19 0 SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS The discussion and analyses contained in this report can be summarized as follows: • Spartan Holdings proposes to develop a residential subdivision, Eagle Valley Ranch, east of US Highway 93 and north of Rose Crossing, in Kalispell, Montana. This development will include single family homes, residential townhomes, and apartments. • Vehicle access to the development is proposed via two, three-quarter movement access points onto US Highway 93, and one full -movement approach onto Rose Crossing. An adjacent commercial mixed -use development, Kalispell North Town Center (KNTC) is currently being developed south of the subject site. KNTC will construct Rose Crossing between US Highway 93 and Whitefish Stage Road. The traffic associated with construction of this connection and the buildout of Phases 1 and 2 of KNTC was used as the "no -build" condition for this analysis of Eagle Valley Ranch. • The KNTC development will install a traffic signal at the intersection of US Highway 93 and Rose Crossing when traffic volumes warrant. This signal is necessary for the successful operation of this intersection, whether with or without the Eagle Valley Ranch traffic. Without this signal, the westbound left -turn movement will function at a very poor LOS F in the no -build traffic condition. • The Eagle Valley Ranch development will not negatively affect traffic operations at any of the four study intersections, assuming the signal is constructed at US Highway 93 and Rose Crossing. • Boulevard sidewalks will be constructed along all roadways withing the proposed subdivision, connecting to the sidewalks currently being constructed on Rose Crossing. No other non -motorized facilities exist in the immediate vicinity of the site. Eagle Valley Ranch Traffic Impact Study I 20 0 A PPEND lX A CAPACITY ANALYSIS WORKSHEETS MA Eagle Valley Ranch Traffic Impact Analysis I HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/18/2018 East/West Street Flathead Boulevard Analysis Year North/South Street US Highway 93 Time Analyzed Peak AM Build Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes � J 4 1 1. 4- Lt r Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T I R U L I T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 0 0 0 0 1 0 0 2 0 0 1 2 0 Configuration R T TR L T Volume, V (veh/h) 16 916 11 4 1054 Percent Heavy Vehicles Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 6.9 4.1 Critical Headway (sec) 6.92 4.12 Base Follow -Up Headway (sec) 3.3 2.2 Follow -Up Headway (sec) 3.31 2.21 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 17 4 Capacity, c (veh/h) 516 689 v/c Ratio 0.03 0.01 95% Queue Length, Q95 (veh) 0.1 0.0 Control Delay (s/veh) 12.2 10.3 Level of Service, LOS B B Approach Delay (s/veh) 12.2 0.0 Approach LOS B :opyright © 2018 University of Florida. All Rights Reserved. HCS7W TWSC Version 7.3 Generated: 6/18/2018 1:24:24 PM AAMB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/18/2018 East/West Street Flathead Boulevard Analysis Year North/South Street US Highway 93 Time Analyzed Peak PM Build Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes � J4 1 J.4- U r Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 0 0 0 0 1 0 0 2 0 0 1 2 0 Configuration R T TR L T Volume, V (veh/h) 8 1515 42 16 1350 Percent Heavy Vehicles (%) 1 1 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 6.9 4.1 Critical Headway (sec) 6.92 4.12 Base Follow -Up Headway (sec) 3.3 2.2 Follow -Up Headway (sec) 3.31 2,21 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 9 17 Capacity, c (veh/h) 308 377 v/c Ratio 0.03 0.05 95% Queue Length, Q95 (veh) 0.1 0.1 Control Delay (s/veh) 17.0 15.0 Level of Service, LOS C B Approach Delay (s/veh) 17.0 0.2 Approach LOS C :opyright © 2018 University of Florida. All Rights Reserved. HCS7M TWSC Version 7.3 Generated: 6/18/2018 1:25:41 PM APMB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/18/2018 East/West Street Eagle Valley Drive Analysis Year North/South Street US Highway 93 Time Analyzed Peak AM Build Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes 4 J •1 1 J. -?- !- �, U I*YT ?IP Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 0 0 0 0 1 0 0 2 0 0 1 2 0 Configuration R T TR L T Volume, V (veh/h) 28 898 17 7 1047 Percent Heavy Vehicles Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 6.9 4.1 Critical Headway (sec) 6.92 4.12 Base Follow -Up Headway (sec) 3.3 2.2 Follow -Up Headway (sec) 3.31 2.21 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 30 8 Capacity, c (veh/h) 521 698 v/c Ratio 0.06 0.01 95% Queue Length, Q95 (veh) 0.2 0.0 Control Delay (s/veh) 12.3 10.2 Level of Service, LOS B B Approach Delay (s/veh) 12.3 0.1 Approach LOS B :opyright © 2018 University of Florida. All Rights Reserved. HCS7M TWSC Version 7.3 Generated: 6/18/2018 1:46:06 PM baMB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/18/2018 East/West Street Eagle Valley Drive Analysis Year North/South Street US Highway 93 Time Analyzed Peak PM Build Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes � r Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 0 0 0 0 1 0 0 2 0 0 1 2 0 Configuration R T TR L T Volume, V (veh/h) 16 1541 68 29 1321 Percent Heavy Vehicles (%) 1 1 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 6.9 4.1 Critical Headway (sec) 6.92 4.12 Base Follow -Up Headway (sec) 33 2.2 Follow -Up Headway (sec) 3.31 2.21 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 17 32 Capacity, c (veh/h) 295 359 v/c Ratio 0.06 0.09 95% Queue Length, Q95 (veh) 0.2 0.3 Control Delay (s/veh) 17.9 16.0 Level of Service, LOS:d C C Approach Delay (s/veh) 17.9 0.3 Approach LOS C :opyright © 2018 University of Florida. All Rights Reserved. HCS7M TWSC Version 7.3 Generated: 6/18/2018 1:47:22 PM BPMB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/18/2018 East/West Street Rose Crossing Analysis Year 2018 North/South Street US Highway 93 Time Analyzed Peak AM No Build Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes s J.1 1J.4-J6 iU � Ir Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 0 0 1 0 1 0 0 2 0 0 1 2 0 Configuration L R T TR L T Volume, V (veh/h) 68 129 751 78 156 889 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 7.5 6.9 4.1 Critical Headway (sec) 6.84 6.94 4.14 Base Follow -Up Headway (sec) 3.5 3.3 2.2 Follow -Up Headway (sec) 3.52 3.32 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 74 140 170 Capacity, c (veh/h) 66 557 750 v/c Ratio 1.12 0.25 0.23 95% Queue Length, Q95 (veh) 5.8 1.0 0.9 Control Delay (s/veh) 254.8 13.6 11.2 Level of Service, LOS F B B Approach Delay (s/veh) 97.0 1.7 Approach LOS F :opyright © 2018 University of Florida. All Rights Reserved. HCS71H TWSC Version 7.3 Generated: 6/18/2018 2:04:59 PM CAM N B.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/18/2018 East/West Street Rose Crossing Analysis Year 2018 North/South Street US Highway 93 Time Analyzed Peak AM Build Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes fl'iITtYr 10r Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 0 0 1 0 1 0 0 2 0 0 1 2 0 Configuration L R T TR L T Volume, V (veh/h) 198 137 779 83 158 889 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 7.5 6.9 4.1 Critical Headway (sec) 6.84 6.94 4.14 Base Follow -Up Headway (sec) 3.5 3.3 2.2 Follow -Up Headway (sec) 3.52 3.32 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 215 149 172 Capacity, c (veh/h) 62 542 727 v/c Ratio 3.49 0.28 0.24 95% Queue Length, Q95 (veh) 22.7 1.1 0.9 Control Delay (s/veh) 1262.1 14.1 11.5 Level of Service, LOS F B B Approach Delay (s/veh) 751.2 1.7 Approach LOS F .opyright © 2018 University of Florida. All Rights Reserved. HCS7TN TWSC Version 7.3 Generated: 6/18/2018 2:06:44 PM CAMB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/18/2018 East/West Street Rose Crossing Analysis Year 2018 North/South Street US Highway 93 Time Analyzed Peak PM No Build Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes �. -• JL + I It Y t r r Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 1 0 1 0 0 2 0 0 1 2 0 Configuration L R T TR L T Volume, V (veh/h) 138 53 1357 46 135 1178 Percent Heavy Vehicles (% 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 7.5 6.9 4.1 Critical Headway (sec) 6.84 6.94 4.14 Base Follow -Up Headway (sec) 3.5 3.3 2.2 Follow -Up Headway (sec) 3.52 3.32 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 150 58 147 Capacity, c (veh/h) 17 348 433 v/c Ratio 8.63 0.17 0.34 95% Queue Length, Q95 (veh) 19.5 0.6 1.5 Control Delay (s/veh) 3863.7 1 17.4 17.5 Level of Service, LOS F I C C Approach Delay (s/veh) 2791.2 1.8 Approach LOS F .opyright © 2018 University of Florida. All Rights Reserved. HCS7TK TWSC Version 7.3 Generated: 6/18/2018 2:22:45 PM CPMNB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/18/2018 East/West Street Rose Crossing Analysis Year 2018 North/South Street US Highway 93 Time Analyzed Peak PM Build Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes y .�d 4.,.4-&LU k- 4L �+ ti '1 I+ Y f r r Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 0 0 1 0 1 0 0 2 0 0 1 2 0 Configuration L R T TR L T Volume, V (veh/h) 209 57 1467 67 143 1178 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 7.5 6.9 4.1 Critical Headway (sec) 6.84 6.94 4.14 Base Follow -Up Headway (sec) 3.5 3.3 2.2 Follow -Up Headway (sec) 3.52 3.32 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 227 62 155 Capacity, c (veh/h) 12 311 381 v/c Ratio 18.39 0.20 0.41 95% Queue Length, Q95 (veh) 29.7 0.7 1.9 Control Delay (s/veh) 8420.8 20.8 Level of Service, LOS F E19.4 C Approach Delay (s/veh) 6618.4 2.2 Approach LOS F :opyright © 2018 University of Florida. All Rights Reserved. HCS7M TWSC Version 7.3 Generated: 6/18/2018 2:23:43 PM CPMB.xtw Lanes, Volumes, Timings 3: 6/19/2018 � k t to I%. l Lane Group ,V3L 1,13Y NBT NER SBL S6T Lane Configurations I) 11 r, tt Volume (vph) 198 137 779 83 158 889 Ideal Flow (vphpl) 1750 1750 1750 1750 1750 1750 Storage Length (ft) 290 290 0 100 Storage Lanes 1 1 0 1 Taper Length (ft) 160 120 Lane Util. Factor 0.97 1.00 0.95 0.95 1.00 0.95 Frt 0.850 0.986 Flt Protected 0.950 0.950 Satd. Flow (prot) 3162 1458 3214 0 1630 3260 Flt Permitted 0.950 0.227 Satd. Flow (perm) 3162 1458 3214 0 389 3260 Right Turn on Red Yes Yes Satd. Flow (RTOR) 149 16 Link Speed (mph) 25 65 65 Link Distance (ft) 558 508 480 Travel Time (s) 15.2 5.3 5.0 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 215 149 847 90 172 966 Shared Lane Traffic (%) Lane Group Flow (vph) 215 149 937 0 172 966 Enter Blocked Intersection No No No No No No Lane Alignment Left Right Left Right Left Left Median Width(ft) 24 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Turn Lane Yes Yes Headway Factor 1.11 1.11 1.11 1.11 1.11 1.11 Turning Speed (mph) 15 9 9 15 Turn Type Perm Perm NA pm+pt NA Protected Phases 2 1 6 Permitted Phases 8 8 6 Detector Phase 8 8 2 1 6 Switch Phase Minimum Initial (s) 4.0 4.0 4.0 4.0 4.0 Minimum Split (s) 20.0 20.0 20.0 10.0 20.0 Total Split (s) 22.0 22.0 47.0 21.0 68.0 Total Split (%) 24.4% 24.4% 52.2% 23.3% 75.6% Maximum Green (s) 16.0 16.0 40.0 15.0 61.0 Yellow Time (s) 3.5 3.5 6.0 3.5 6.0 All -Red Time (s) 2.5 2.5 1.0 2.5 1.0 Lost Time Adjust (s) 0.0 0.0 0.0 0.0 0.0 Total Lost Time (s) 6.0 6.0 7.0 6.0 7.0 Lead/Lag Lag Lead Lead -Lag Optimize? Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Recall Mode Min Min Max None Max Act Effct Green (s) 11.0 11.0 46.7 62.1 61.1 Actuated g/C Ratio 0.13 0.13 0.55 0.73 0.72 Eagle Valley Ranch AM Build 7:00 am 6/19/2018 Baseline Synchro 8 Report SM Page 1 Lanes, Volumes, Timings 3: 6/19/2018 Lane Groff Lane Configurations Volume (vph) Ideal Flow (vphpl) Storage Length (ft) Storage Lanes Taper Length (ft) Lane Util. Factor Frt Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Right Turn on Red Satd. Flow (RTOR) Link Speed (mph) Link Distance (ft) Travel Time (s) Peak Hour Factor Adj. Flow (vph) Shared Lane Traffic (%) Lane Group Flow (vph) Enter Blocked Intersection Lane Alignment Median Width(ft) Link Offset(ft) Crosswalk Width(ft) Two way Left Turn Lane Headway Factor Turning Speed (mph) Turn Type Protected Phases Permitted Phases Detector Phase Switch Phase Minimum Initial (s) Minimum Split (s) Total Split (s) Total Split (%) Maximum Green (s) Yellow Time (s) All -Red Time (s) Lost Time Adjust (s) Total Lost Time (s) Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) Recall Mode Act Effct Green (s) Actuated g/C Ratio #,- k r WBL WByR� NST i I� t k, 68 129 751 1750 1750 1750 290 290 1 1 160 0.97 1.00 0.95 0.850 0.986 0.950 3162 1458 3214 0.950 3162 1458 3214 Yes 140 25 558 15.2 0.92 0.92 74 140 74 140 No No Left Right 24 0 16 1.11 1.11 15 9 Perm Perm NA 2 8 8 8 8 2 4.0 4.0 4.0 20.0 20.0 20.0 22.0 22.0 49.0 24.4% 24.4% 54.4% 16.0 16.0 42.0 3.5 3.5 6.0 2.5 2.5 1.0 0.0 0.0 0.0 6.0 6.0 7.0 Lag 3.0 3.0 3.0 Min Min Max 7.7 7.7 47.2 0.09 0.09 0.58 NGR SBL SBT A 78 156 889 1750 1750 1750 0 100 0 1 120 0.95 1.00 0.95 0.950 0 1630 3260 0.248 0 425 3260 Yes 16 65 508 5.3 0.92 0.92 816 85 901 0 No No Left Right 12 0 16 Yes 1.11 1.11 65 480 5.0 0.92 0.92 170 966 170 966 No No Left Left 12 0 16 Yes 9 15 pm+pt NA 1 6 6 1 6 4.0 4.0 10.0 20.0 19.0 68.0 21.1 % 75.6% 13.0 61.0 3.5 6.0 2.5 1.0 0.0 0.0 6.0 7.0 Lead 3.0 3.0 None Max 62.1 61.1 0.76 0.75 Eagle Valley Ranch AM No -Build 7:00 am 6/19/2018 Baseline Synchro 8 Report SM Page 1 Lanes, Volumes, Timings 3: 6/19/2018 Lane Group 'ABR t 1* NET rdGFR '-* S5L 1 aE T v/c Ratio 0.53 0.47 0.53 0.42 0.41 Control Delay 39.3 11.2 14.0 7.1 5.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 Total Delay 39.3 11.2 14.0 7.1 5.7 LOS D B B A A Approach Delay 27.8 14.0 5.9 Approach LOS C B A 90th %ile Green (s) 14.5 14.5 44.1 10.9 61.0 90th %ile Term Code Gap Gap Hold Gap MaxR 70th %ile Green (s) 12.4 12.4 45.8 9.2 61.0 70th %ile Term Code Gap Gap Hold Gap MaxR 50th %ile Green (s) 11.0 11.0 46.8 8.2 61.0 50th %ile Term Code Gap Gap Hold Gap MaxR 30th %ile Green (s) 9.7 9.7 47.7 7.3 61.0 30th %ile Term Code Gap Gap Hold Gap MaxR 10th %ile Green (s) 7.8 7.8 48.7 6.3 61.0 10th %ile Term Code Gap Gap Hold Gap MaxR Queue Length 50th (ft) 56 0 152 23 90 Queue Length 95th (ft) 90 51 241 48 142 Internal Link Dist (ft) 478 428 400 Turn Bay Length (ft) 290 290 100 Base Capacity (vph) 595 395 1771 502 2339 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced v/c Ratio 0.36 0.38 0.53 0.34 0.41 Intersection Sunitrtary Area Type: Other Cycle Length: 90 Actuated Cycle Length: 85.1 Natural Cycle: 60 Control Type: Actuated -Uncoordinated Maximum v/c Ratio: 0.53 Intersection Signal Delay: 12.3 Intersection Capacity Utilization 57.7% Analysis Period (min) 15 90th %ile Actuated Cycle: 88.5 70th %ile Actuated Cycle: 86.4 50th %ile Actuated Cycle: 85 30th %ile Actuated Cycle: 83.7 10th %ile Actuated Cycle: 81.8 Splits and Phases: 3: Intersection LOS: B ICU Level of Service B 'v01 t02 08 21s 47s • 06 .685 1 7- Eagle Valley Ranch AM Build 7:00 am 6/1912018 Baseline Synchro 8 Report SM Page 2 Lanes, Volumes, Timings 3: 6/19/2018 Lane Grow 4" 'j1.'6L 4.- V`26r% I NBT la. 1 NBR SBL i SST v/c Ratio 0.25 0.53 0.48 0.39 0.40 Control Delay 36.1 14.3 11.6 5.6 4.5 Queue Delay 0.0 0.0 0.0 0.0 0.0 Total Delay 36.1 14.3 11.6 5.6 4.5 LOS D B B A A Approach Delay 21.9 11.6 4.7 Approach LOS C B A 90th %ile Green (s) 11.5 11.5 44.8 10.2 61.0 90th %ile Term Code Gap Gap Hold Gap MaxR 70th %ile Green (s) 8.0 8.0 46.5 8.5 61.0 70th %ile Term Code Gap Gap Hold Gap MaxR 50th %ile Green (s) 7.3 7.3 47.3 7.7 61.0 50th %ile Term Code Gap Gap Hold Gap MaxR 30th %ile Green (s) 6.6 6.6 48.0 7.0 61.0 30th %ile Term Code Gap Gap Hold Gap MaxR 10th %ile Green (s) 5.5 5.5 48.8 6.2 61.0 10th %ile Term Code Gap Gap Hold Gap MaxR Queue Length 50th (ft) 18 0 125 18 72 Queue Length 95th (ft) 38 50 208 41 123 Internal Link Dist (ft) 478 428 400 Turn Bay Length (ft) 290 290 100 Base Capacity (vph) 618 398 1859 514 2433 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced v/c Ratio 0.12 0.35 0.48 0.33 0.40 ItrilbieqD11to�r summa-v Area Type: Other Cycle Length: 90 Actuated Cycle Length: 81.8 Natural Cycle: 60 Control Type: Actuated -Uncoordinated Maximum v/c Ratio: 0.53 Intersection Signal Delay: 9.1 Intersection Capacity Utilization 53.8% Analysis Period (min)15 90th %ile Actuated Cycle: 85.5 70th %ile Actuated Cycle: 82 50th %ile Actuated Cycle: 81.3 30th %ile Actuated Cycle: 80.6 10th %ile Actuated Cycle: 79.5 Solits and Phases: 3: Intersection LOS: A ICU Level of Service A 1*01 t02 08 24 s �9 s 06 68 s Eagle Valley Ranch AM No -Build 7:00 am 6/19/2018 Baseline Synchro 8 Report SM Page 2 Lanes, Volumes, Timings 3: 6/19/2018 Lane Group Lane Configurations Volume (vph) Ideal Flow (vphpl) Storage Length (ft) Storage Lanes Taper Length (ft) Lane Util. Factor Frt Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Right Turn on Red Satd. Flow (RTOR) Link Speed (mph) Link Distance (ft) Travel Time (s) Peak Hour Factor Adj. Flow (vph) Shared Lane Traffic (%) Lane Group Flow (vph) Enter Blocked Intersection Lane Alignment Median Width(ft) Link Offset(ft) Crosswalk Width(ft) Two way Left Turn Lane Headway Factor Turning Speed (mph) Turn Type Protected Phases Permitted Phases Detector Phase Switch Phase Minimum Initial (s) Minimum Split (s) Total Split (s) Total Split (%) Maximum Green (s) Yellow Time (s) All -Red Time (s) Lost Time Adjust (s) Total Lost Time (s) Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) Recall Mode Act Effct Green (s) Actuated g/C Ratio k I V)BL `vVSR rdaT 138 53 1357 1750 1750 1750 290 290 1 160 1 0.97 1.00 0.95 0.850 0.995 0.950 3162 1458 3244 0.950 3162 1458 3244 Yes 58 6 25 65 558 508 15.2 5.3 0.92 0.92 0.92 150 58 1475 150 58 No No Left Right 24 0 16 1.11 1.11 15 9 Perm Perm 8 8 8 8 2 � � 1 NBR SBL ZET tt 46 135 1178 1750 1750 1750 0 100 0 1 120 0.95 1.00 0.95 0.950 0 1630 3260 0.084 0 144 3260 Yes 0.92 50 1525 0 No No Left Right 12 0 16 Yes 1.11 1.11 9 NA 2 4.0 4.0 4.0 20.0 20.0 20.0 20.0 20.0 56.0 22.2% 22.2% 62.2% 14.0 14.0 49.0 3.5 3.5 6.0 2.5 2.5 1.0 0.0 0.0 0.0 6.0 6.0 7.0 Lag 3.0 3.0 3.0 Min Min Max 9.4 9.4 49.5 0.11 0.11 0.58 65 480 5.0 0.92 0.92 147 1280 147 1280 No No Left Left 12 0 16 Yes 1.11 1.11 15 pm+pt NA 1 6 6 1 6 4.0 4.0 10.0 20.0 14.0 70.0 15.6% 77.8% 8.0 63.0 3.5 6.0 2.5 1.0 0.0 0.0 6.0 7.0 Lead 3.0 3.0 None Max 64.0 63.0 0.75 0.74 Eagle Valley Ranch PM No -Build 4:00 pm 6/19/2018 Baseline Synchro 8 Report SM Page 1 Lanes, Volumes, Timings 3: 6/19/2018 t �► 1 Lane Group `,NBA G15R NET NFER SBL _SET v/c Ratio 0.43 0.27 0.81 0.62 0.53 Control Delay 39.4 13.4 19.1 22.3 6.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 Total Delay 39.4 13.4 19.1 22.3 6.0 LOS D B B C A Approach Delay 32.1 19.1 7.7 Approach LOS C B A 90th %ile Green (s) 12.2 12.2 49.0 8.0 63.0 90th %ile Term Code Gap Gap MaxR Max MaxR 70th %ile Green (s) 10.5 10.5 49.0 8.0 63.0 70th %ile Term Code Gap Gap MaxR Max MaxR 50th %ile Green (s) 9.4 9.4 49.0 8.0 63.0 50th %ile Term Code Gap Gap MaxR Max MaxR 30th %ile Green (s) 8.3 8.3 49.8 7.2 63.0 30th %ile Term Code Gap Gap Hold Gap MaxR 10th %ile Green (s) 6.7 6.7 50.6 6.4 63.0 10th %ile Term Code Gap Gap Hold Gap MaxR Queue Length 50th (ft) 39 0 318 19 126 Queue Length 95th (ft) 68 34 455 #93 193 Internal Link Dist (ft) 478 428 400 Turn Bay Length (ft) 290 290 100 Base Capacity (vph) 518 287 1882 247 2405 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced v/c Ratio 0.29 0.20 081 0.60 0.53 I n terse :�ti c:T '0 Li MT n a Area Type: Other Cycle Length: 90 Actuated Cycle Length: 85.4 Natural Cycle: 75 Control Type: Actuated -Uncoordinated Maximum v/c Ratio: 0.81 Intersection Signal Delay: 14.8 Intersection LOS: B Intersection Capacity Utilization 70.5% ICU Level of Service C Analysis Period (min) 15 90th %ile Actuated Cycle: 88.2 70th %ile Actuated Cycle: 86.5 50th %ile Actuated Cycle: 85.4 30th %ile Actuated Cycle: 84.3 10th %ile Actuated Cycle: 82.7 # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. Solis and Phases: 3: 1*01 1 tat 14s S6s 1 06 20 5 SM Page 2 Lanes, Volumes, Timings 3: 6/19/2018 � 4Q I Lane Group �SL ':':'ER NET N.5R S9.L SET Lane Configurations r +T ++ Volume (vph) 209 57 1467 67 143 1178 Ideal Flow (vphpl) 1750 1750 1750 1750 1750 1750 Storage Length (ft) 290 290 0 100 Storage Lanes 1 1 0 1 Taper Length (ft) 160 120 Lane Util. Factor 0.97 1.00 0.95 0.95 1.00 0.95 Frt 0.850 0.993 Flt Protected 0.950 0.950 Satd. Flow (prot) 3162 1458 3237 0 1630 3260 Flt Permitted 0.950 0.071 Satd. Flow (perm) 3162 1458 3237 0 122 3260 Right Turn on Red Yes Yes Satd. Flow (RTOR) 62 8 Link Speed (mph) 25 65 25 Link Distance (ft) 558 508 480 Travel Time (s) 15.2 5.3 13.1 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 227 62 1595 73 155 1280 Shared Lane Traffic (%) Lane Group Flow (vph) 227 62 1668 0 155 1280 Enter Blocked Intersection No No No No No No Lane Alignment Left Right Left Right Left Left Median Width(ft) 24 12 12 Link Offset(ft) 0 0 0 Crosswalk Width(ft) 16 16 16 Two way Left Turn Lane Yes Yes Headway Factor 1.11 1.11 1.11 1.11 1.11 1.11 Turning Speed (mph) 15 9 9 15 Turn Type Perm Perm NA pm+pt NA Protected Phases 2 1 6 Permitted Phases 8 8 6 Detector Phase 8 8 2 1 6 Switch Phase Minimum Initial (s) 4.0 4.0 4.0 4.0 4.0 Minimum Split (s) 20.0 20.0 20.0 11.0 20.0 Total Split (s) 20.0 20.0 57.0 13.0 70.0 Total Split (%) 22.2% 22.2% 63.3% 14.4% 77.8% Maximum Green (s) 14.0 14.0 50.0 7.0 63.0 Yellow Time (s) 3.5 3.5 6.0 3.5 6.0 All -Red Time (s) 2.5 2.5 1.0 2.5 1.0 Lost Time Adjust (s) 0.0 0.0 0.0 0.0 0.0 Total Lost Time (s) 6.0 6.0 7.0 6.0 7.0 Lead/Lag Lag Lead Lead -Lag Optimize? Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Recall Mode Min Min Max None Max Act Effct Green (s) 11.3 11.3 50.0 64.0 63.0 Actuated g/C Ratio 0.13 0.13 0.57 0.73 0.72 Eagle Valley Ranch PM Build 4:00 pm 6/19/2018 Baseline Synchro 8 Report SM Page 1 Lanes, Volumes, Timings 3: 6/19/2018 Lane Group 'e, V.I5L k WER f GT f* 1* NFjR :8L SST v/c Ratio 0.56 0.26 0.90 0.74 0.54 Control Delay 41.1 12.2 25.0 37.3 6.9 Queue Delay 0.0 0.0 0.0 0.0 0.0 Total Delay 41.1 12.2 25.0 37.3 6.9 LOS D B C D A Approach Delay 34.9 25.0 10.1 Approach LOS C C B 90th %ile Green (s) 14.0 14.0 50.0 7.0 63.0 90th %ile Term Code Max Max MaxR Max MaxR 70th %ile Green (s) 13.0 13.0 50.0 7.0 63.0 70th %ile Term Code Gap Gap MaxR Max MaxR 50th %ile Green (s) 11.5 11.5 50.0 7.0 63.0 50th %ile Term Code Gap Gap MaxR Max MaxR 30th %ile Green (s) 10.1 10.1 50.0 7.0 63.0 30th %ile Term Code Gap Gap MaxR Max MaxR 10th %ile Green (s) 8.1 8.1 50.0 7.0 63.0 10th %ile Term Code Gap Gap MaxR Max MaxR Queue Length 50th (ft) 61 0 394 35 142 Queue Length 95th (ft) 97 35 #618 #138 210 Internal Link Dist (ft) 478 428 400 Turn Bay Length (ft) 290 290 100 Base Capacity (vph) 507 285 1857 210 2353 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced v/c Ratio 0.45 0.22 0.90 0.74 0.54 lnterseotan 5ismman° Area Type: Other Cycle Length: 90 Actuated Cycle Length: 87.3 Natural Cycle: 90 Control Type: Actuated -Uncoordinated Maximum v/c Ratio: 0.90 Intersection Signal Delay: 19.6 Intersection LOS: B Intersection Capacity Utilization 77.3% ICU Level of Service D Analysis Period (min)15 90th %ile Actuated Cycle: 90 70th %ile Actuated Cycle: 89 50th %ile Actuated Cycle: 87.5 30th %ile Actuated Cycle: 86.1 10th %ile Actuated Cycle: 84.1 # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. Splits and Phases: 3: I o2 23s 157s 4 06 08 7AS SM Page 2 General Information Two -Way-•• Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/19/2018 East/West Street Rose Crossing Analysis Year North/South Street Flathead Boulevard Time Analyzed Peak AM No Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes -4 � t- G Major Street: East-West Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 1 U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 1 1 0 0 1 1 0 1 1 0 0 1 0 Configuration L TR L TR L TR LTR Volume, V (veh/h) 20 150 65 30 110 10 50 10 20 30 20 40 Percent Heavy Vehicles (%) 2 2 2 2 2 2 2 2 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 Critical Headway (sec) 4.12 4.12 7.12 6.52 6.22 7.12 6.52 6.22 Base Follow -Up Headway (sec) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 Follow -Up Headway (sec) 2.22 2.22 3.52 4.02 3.32 1 1 3.52 4.02 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 22 33 54 33 98 Capacity, c (veh/h) 1453 1332 452 680 606 v/c Ratio 0.02 0.02 0.12 0.05 0.16 95% Queue Length, Q95 (veh) 0.0 0.1 0.4 0.2 0.6 Control Delay (s/veh) EA 7.8 14.0 10.6 12.1 Level of Service, LOS A B B B Approach Delay (s/veh) 0.6 1.6 12.7 12.1 Approach LOS B B :opyright © 2018 University of Florida. All Rights Reserved. HCS7 M TWSC Version 7.3 Generated: 6/19/2018 8:48:22 AM DAMNB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection f Agency/Co. Jurisdiction Date Performed 6/19/2018 East/West Street Rose Crossing Analysis Year North/South Street Flathead Boulevard Time Analyzed Peak AM Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes 4 . �I+YI f r Major Street: East-West Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 1 U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 1 1 0 0 1 1 0 1 1 0 0 1 0 Configuration L TR L TR L TR LTR Volume, V (veh/h) 27 150 65 30 110 30 50 10 20 108 20 177 Percent Heavy Vehicles (%) 2 2 2 2 2 2 2 2 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 4.1 7.1 6.5 6.2 7.1 1 6.5 6.2 Critical Headway (sec) 4.12 4.12 7.12 6.52 6.22 7.12 6.52 6.22 Base Follow -Up Headway (sec) 2.2 3.5 4.0 3.3 3.5 4.0 3.3 Follow -Up Headway (sec) E222 2.22 3.52 4.02 3.32 3.52 4.02 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 29 33 54 33 331 Capacity, c (veh/h) 1427 1332 319 664 646 v/c Ratio 0.02 0.02 0.17 0.05 0.51 95% Queue Length, Q95 (veh) 0.1 0.1 0.6 0.2 2.9 Control Delay (s/veh) 7.6 7.8 18.5 10.7 16.3 Level of Service, LOS A A C B C Approach Delay (s/veh) 0.8 1.4 15.6 16.3 Approach LOS C C .opyright © 2018 University of Florida. All Rights Reserved. HCS7TH TWSC Version 7.3 Generated: 6/19/2018 8:49:24 AM DAMB.xtw HCS7 General Information Analyst Agency/Co. Date Performed 6/19/2018 Two -Way Stop -Control Report Site Information Intersection Jurisdiction East/West Street Rose Crossing Analysis Year North/South Street Flathead Boulevard Time Analyzed Peak PM No Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes 4 � G 'SI+Yt Major Street: East-West Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 1U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 1 1 0 0 1 1 0 1 1 0 0 1 0 Configuration L TR L TR L TR LTR Volume, V (veh/h) 40 100 40 80 120 30 50 20 60 10 10 20 Percent Heavy Vehicles (%) 2 2 2 2 2 2 2 2 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 Critical Headway (sec) 4.12 4.12 7.12 6.52 6.22 7.12 6.52 6.22 Base Follow -Up Headway (sec) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 Follow -Up Headway (sec) 2.22 2.22 3.52 4.02 3.32 3.52 4.02 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 43 87 54 87 44 Capacity, c (veh/h) 1415 1428 394 693 529 v/c Ratio 0.03 0.06 0.14 0.13 0.08 95% Queue Length, Q95 (veh) 0.1 0.2 0.5 0.4 0.3 Control Delay (s/veh) 7.6 7.7 15.6 10.9 12.4 Level of Service, LOS A A C B B Approach Delay (s/veh) 1.7 2.7 12.7 12.4 Approach LOS B B .opyright © 2018 University of Florida. All Rights Reserved. HCS7�li TWSC Version 7.3 Generated: 6/19/2018 8:50:38 AM DPMNB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Intersection Agency/Co. Jurisdiction Date Performed 6/19/2018 East/West Street Rose Crossing Analysis Year North/South Street Flathead Boulevard Time Analyzed Peak PM Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Eagle Valley Ranch TIS Lanes 4 ?- 1r IIttYI pr Major Street: East-West Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 1 U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 1 1 0 0 1 1 0 1 1 0 0 1 0 Configuration L TR L TR L TR LTR Volume, V (veh/h) 69 100 40 80 120 108 50 20 60 52 10 95 Percent Heavy Vehicles (%) 2 2 2 2 2 2 2 2 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 Critical Headway (sec) 4.12 4.12 7.12 6.52 6.22 7.12 6.52 6.22 Base Follow -Up Headway (sec) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 Follow -Up Headway (sec) 2.22 2.22 3.52 4.02 3.32 3.52 4.02 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 75 87 54 87 171 Capacity, c (veh/h) 1318 1428 277 625 490 v/c Ratio 0.06 0.06 0.19 0.14 0.35 95% Queue Length, Q95 (veh) 0.2 0.2 0.7 0.5 1.5 Control Delay (s/veh) 7.9 7.7 21.1 11.7 16.2 Level of Service, LOS A A C B C Approach Delay (s/veh) 2.6 2.0 15.3 16.2 Approach LOS C C :opyright © 2018 University of Florida. All Rights Reserved. HCS7M TWSC Version 7.3 Generated: 6/19/2018 8:51:37 AM DPMB.xtw 0 APPENDIX B LEVEL OF SERVICE DEFINITIONS Eagle Valley Ranch Traffic Impact Analysis I 0 UNSI GNA L IZED INTERSECTION LEVEL OF SER VICE DEFINED Level of Service (LOS) for unsignalized (two -way -stop -controlled) intersections is determined by the control delay experienced by drivers on each minor approach. Minor movements are those entering from or exiting onto the stop -controlled side street(s). LOS is not defined for the intersection as a whole, but rather for each minor movement individually. The delay value used in determining LOS is known as "control delay." Control delay is defined as the total delay experienced by a driver and includes initial deceleration delay, queue move -up time, stopped delay, and final acceleration delay. The delay a vehicle experiences is a function of the capacity of the approach and the degree of saturation on the uncontrolled (unstopped) roadway (i.e. the number of acceptable gaps in the passing traffic stream). LOS values range from A to F. The delay range for each LOS value is as shown in the following table. LOS Criteria for Two -Way Stop -Controller LOS AVERAGE CONTROL DELAY (SECONDS/VEHICLE) A 0-10 B >10 - 15 C >15 - 25 D >25 - 35 E >35 - 50 F >50 *Source: Transportation Research Board, Highway Capacity Manual, HCM2010 I Intersections Eagle Valley Ranch I Traffic Impact Analysis August 13, 2018 DECEIVED TO: Kalispell Planning Board AUG 1 3 2018 Kalispell Planning Office Kalispell City Council iLAUSPU PLANNING DEPARTMENT FROM: Sharon DeMeester 415 Chestnut Dr. Kalispell, MT 59901 PROJECT: Eagle Valley Ranch I am submitting comments in regards to the Eagle Valley ranch project. My concern is the high density development on the south end of Ponderosa development and how it will effect our neighborhood. Ponderosa has always been a very desirable place to live and. home values have always been good because of location and lot design. As the valley has grown development has crept up HWY 93 and the North Pines and Silverbrook projects have been done. Both are quality projects. Now new development plans are being made and the plan looks more like Empire Estates which in my mind is of poor quality and is becoming trashier as years go by. In an effort to reach out to Mr. Coussoulis and Bruce Lutz to share my concerns and to understand their position I had a meeting with them. Through our conversation we found out that we have much common ground in regards to design and what can be achieved if the City of Kalispell Planning Dept. would allow flex- ibility in design layout. We discussed the cost of developing lots and that it dictates the number of lots necessary in order to do a project of this size. What I was most encouraged about was that Mr Coussoulis was most open to creative housing options. I have enclosed two articles on other options than a block by block layout. 40% of the Valley is retires or soon to be retires and they are looking for smaller, less upkeep homes. For young people housing is an issue because of the cost of entry level homes in the $250,000 plus range and the job market in the Flathead is a service orientated economy which is lower paying jabs. How can we address this - One way is the layout as currently on the PUD with block by block apartments, duplexes and homes crammed together. Or option two would be to allow Mr. Coussoulis flexibility in his design and to use creative housing for, "aging boomers, veter- ans, priced -out millenials and families are looking for a new kind of living - communities and housing designed around shared interests,values and needs:' (article by Paula Spencer Scott) As we talked we centered on housing for seniors. Developments could have homeowner associations where all outside maintenance is done - snow, grass, gardens or whatever the homeowners agreed on. It is also a perfect opportunity to include connectivity to restaurants and basic needs that keep them (retires) from driving on 93. The safety issue of residence of Ponderosa was brought up as the traffic on 93 increases and Mr. Coussou- lis suggested that we try and develop a connection with his road system to allow Ponderosa residence to travel through his development to Rose Crossing where there will be a light. This issue was discussed on Sunday at the annual Homeowner meeting and we will pursue this with Ponderosa homeowners. Mr. Coussoulis was very agreeable to have more open space/green space and would need to have the City of Kalispell Planning office allow the flexibility to do this type of planning and projects. It would not be a hard and fast block by block PUD but would dictate the number of units on the project. I can support a project that allows for more creative ways of living and more green space around it for all that live in it to enjoy. r�t' nit il'�C4114 complete p$ro adracd er Endusive, efficient, healthy & nsi.titent palaces GETTING STARTED PLANNING TOOLS PUBLIC -ENGAGEMENT STRATEGIES NEWS COMMUNITY -DESIGN TOOLS A VISUAL TOOLS I A Planning for Complete Communities in Delaware >Y Planning Tools » Healthy and Livable » Cottage Communities COTTAGE COMMUNITIES New Models for Sustainable Living from Linda Pruitt Cottage communities are defined as a grouping of small, single-family dwelling units clustered around a common area and developed with a master plan for the entire site. They are often developed in Will areas within existing suburban neighborhoods in order to encourage sustainable community development. Also called pocket neighborhoods, cottage communities provide connected backyards, create a pedestrian friendly environment and are designed to encourage community involvement and social interaction. First introduced in 1996, "Third Street Cottages" in Langley, Wash., were made possible with the adoption of an innovative cottage -housing zoning code which enabled high -density housing on residential lots if houses were less than 1,000 square feet, oriented around a shared garden, and provided parking screened from street views. While suitable for all ages, cottage communities are attractive to the aging population. They are small and easy to maintain, energy efficient, and are suited for those with mobility limitations. Cottage communities are gaining popularity, especially around the Pacific Northwest, where cottage housing ordinances have been crafted to provide residents with housing options that improve affordability. Benefits and Obstacles to Development Cottage communities can be built in small clusters, within existing neighborhoods among single-family homes to maximize land use and minimize sprawl. Aging baby boomers, seeking to downsize from larger homes, can enjoy quality housing in a supportive community. Local regulations, however, can be a drawback for cottage communities. Many zoning codes regulate maximum densities and minimum - size requirement for houses and lots. Codes can be amended to allow for the development of sustainable and affordable cottage communities. Successful Cottage Communities In 2004, Port Townsend, Wash., adopted the Cottage Housing Development Design Standards within its zoning code to, "Encourage affordability, innovation and variety in housing design and site development while ensuring compatibility with existing neighborhoods, and to promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition and individual needs." The Port Townsend cottage housing code details the number of cottages per square foot that are allowed, as well as the minimum lot size for a community. An example of a successful cottage community in Port Townsend is Spring Valley Cottages, a green -built community, within walking distance to the town and service centers, with compact features, and a strong sense of community. Inglenook, a cottage community in Carmel, Ind., features a series of six to ten cottages with front porches facing a common green space. Concord Riverwalk, a community of thirteen small homes in Concord, Mass., embodies the states sustainable development policies, which call for energy -efficient homes build nearjobs, transit, and services Back to Aging -Friendly Community Models Share The Delaware Complete Communities Toolbox is a product of the Institute for Public Administration (IPA) at the University of Delaware, with support from the Delaware Department of Transportation. POWERED BY PARABOLA & WORD PRESS. T'w 1 V. LIVES'' COTTAGELIVING.: CP E.-",T i V E' "10 U S IN G C P 10 N S A F IN SHOR,ELINE . WA . SH, Gl,,',NG7RETlREE--,. VETERANS c THEPS THE COMM-jNITY THEY CRP,',.; 7r- 000-� w 16 AGING BOOMERS, VETERANS, PRICED -OUT MILLENNIALS AND FAMILIES ARE LOOKING FOR A NEW KIND OF LIVING —COMMUNITIES AND HOUSING DESIGNED AROUND SHARED INTERESTS, VALUES AND NEEDS. hen was the last time you actually borrowed an egg from the guy next door? Do your friends show up in your social media feeds more often than in your backyard? Do you even know your neighbors' names —and would theknow if you needed help? Maybe that's why what's old is 'new again in housing, from tight -knit neighborhoods where residents look after one another to fresh twists on boardinghouses. The hot word is communal. 'The idea of coming together to create a better world goes back A village WITHIN A CITYr Busy cities can be hard places to ' build community. So in Seattle's Capitol Hill district, architects t Grace Kim, 48 (pictured, far right), and Mike Mariano, 49, designed a five -story building (top left) that would help do just that. Its nine units are small (810 to 1,300 square feet) to keep costs low and to leave more room for shared spaces, includ- ing balconies facing a central courtyard and a rooftop farm. The "secret sauce," says Kim, is an on -site common house with a big kitchen, a dining room that seats 30, laundry facilities and meeting spaces. Every other day, the 28 "communitar- ians" eat together. Adults take turns buying each meal's food and overseeing prep. 8 1 AUGUST 12, 2018 centuries," says Sky Blue of the Fellowship for Intentional Corn- murnity, which tracks collective living trends. "But now, instead of escaping the mainstream, the trend is to be more engaged." Whether the draw is company, saving money; greener living or physical and emotional support, communal living seems here to stay. "Words like eronomical and ecological share the root eco— which is Greek for `home,'" Blue says. "It's about getting your basic needs met and doing it together." Check out these standout examples of creative housing. "Communitarians" in Seattle share meals and cheery common spaces. "The meal situation is such a relief. In six weeks, I'm lead cook once and help a team twice," says Kim, who lives there with Mariano and their daughter, Ella, 10. "Some- times you eat and run, and that's fine. More often, it's like a dinner party. For us, food is central." The 11 kids in the building, ages 2 to 17, like to sit together. Residents own their apartments and pay an association fee, like a condo. Communitarians appreciate that there's always a neighbor to take in mail or babysit. Not that the teachers, Professors, professionals and retirees (in their mid-30s to late 60s) are all BFFs, Kim says, But the community is authentic. "Social media contributes to a false sense of connection," Kim says. "This is real." Elsewhere, the shared - spaces, shared -meals vision is spreading.There are 165 cohousing communities in existence, with 140 more being planned, says Karin Hoskin, executive director of the Cohousing Associa- tion of the U.S. For 14 years, she's lived in Wild Sage, a community of townhomes in Boulder, Colo., with her husband and two teens. "Cohousing provides the privacy we've all become accustomed to with the community we seek," Hoskin says. COMMUNITY WITH Like many single dads, Malik Scott gets his kids to and from the school bus, fixes their mac and cheese and supervises their play. A 42-year-old Navy veteran who spent 15 years in the Middle East, he also lives every day with depression and post -trau- matic stress. Helpfully, so do many of his neighbors. In Bastion, a planned community for returning warriors and their families in New Orleans, residents can meet for meditation, counseling, art therapy and programs on financial literacy or legal aid at their community wellness center. They exercise together. They help each other with babysitting, property maintenance and getting to appointments at the nearby VA Hospital. "We all pitch in and sup - part one another. It's like the military but not," says Scott. "It's a little village here, like the old days." Bastion, which opened last year and expands this summer, was de- signed that way. Its 19 double family homes are set in clusters that face one another, encouraging "maximum collisions" between neighbors, says founder Dylan Rte. Like Scott, Tdte, 40, had weath- ered a rough transition from 18-hour combat duty and military camara- derie to civilian life. A West Point grad who served in Iraq, he warded off depression with work, including a stint building FEMA housing post - Katrina. "I noticed if I kept myself busy I was OK," he says. What wasrit OK: watching count- less buddies discharged from rehab for their traumatic brain injuries �, mission and PTSD with no support in place. "The nature of the injury begins to wear and tear on relationships;"Tete says. "Families go bankrupt paying for assisted living, and geriatric nursing homes are no place for a 27-year-aid." Thinking that social connectedness was key to building resilience, recov- ery and reintegration,Tete turned to Veteran Malik Scott with his children Khalil, 6, and L.aila, 5, says "Bastion is like a second family for us." the model of "purpose -filled com- munity" pioneered by the nonprofit Generations of Hope. The central idea: All 73 residents (with 196 years of military service among them) commit to helping one another. The $ 8.5 million price tag was funded by a combination of low- income housing tax credits, city and state HUD grants, fundraising efforts and donations from private sources, such as the New Orleans Saints. Generations of Hope's model works for other groups too. Its flag- ship program, Hope Meadows in Rantoul, Ill., brings together families adopting from foster care and older adults who might need assistance. Like at Bastion, the residents live among one another for mutual support. fpljl(Rle2ri olFP°g� 10 what' newt Like-minded Americans of every imaginable inter- est and need are discovering there's comfort and strength in numbers. For special -needs famines: "Intentional neigh- boring" projects intended to support older children and adults with developmental disability and autism are in early planning stages, says Generations of Hope director Tom Berkshire. Al- though neighbors don't replace support profes- j s'arrot Heads: Want to lis.-e J. i- up Fi i C: )unt Model hones in liniir_v Buffert's L.ari- nede`larQarital il1e.:, Sa-plus development in 17arrona Beach. Fla_, opened in February: a 11:]€on Head, S.C., location is under construe- M_m. And. ves, frozen concoctions will be served at a pnolside bar called Chanties in Arritude. sionals, they commit to volunteer hours to look after one another and provide a social network. "That's the piece that's been missing [for these populations]," says consultant Mark Dunham. For older LGBTs and friends: In 2019, the first age 55-plus homeowners will move into Village Hearth, a 15-acre community in Durham, N.C. Its 28 single -story cottages start at $254,400. As Village Hearth's website notes, "Many LGBTs have no children or close family, so it's up to us to support each other through the aging process_" For single moms: CoAbode, a web -based mom - matching service, is expanding its platform to help women find compatible roommates with similar parenting philosophies to split housing costs and raise kids together. A Friend Circle forum connects those who are looking for babysitting, carpooling and learning -disability support. AUGUST 12, 201E 9 {rani page 9 RETIRING TOGETHER When she gets up, Marianne Kilkenny puts a piece of paper in her Asheville, N-C-, bathroom window. It signals "Good morn- ing, I'm OK" to her next -door neighbor, Maria Epes, who does the same. At night, they light battery -operated candles to say good night. Top: Neighbors dine together in Kilkenny's community. Above: Shared outdoor space is a trademark of the pocket neighborhood, a term coined by architect Ross Chapin, author of Pocket Netyhborhoods: Creating Small -Scale Community in a Large - Scale World, who has designed or developed more than 40 communities, including Danielson Grove (pictured) in Kirkland, Wash. That's just a few of the small ways the 68-year-olds keep an eye on each other. They live in a "pocket neighborhood" Kilkenny is design- ing for adults. By spring 2019, a local developer she's working with will add a circle of 10 modular homes, all incorporating barrier - free universal design principles, to the semirural land next to her. Her ianfinued an perge l2 10 1 AUGUST 12, 2018 f from page 10 goal: shared gardens, driveways, dinners and lives, so she and some peers can "age in community." "As boomers see how their parents and friends are ending up in nursing homes, they're look- ing around and wondering what will happen to them. There aren't many other models to choose from, so more of us are trying these kinds of different communi- ties," says Kilkenny, author of Your Quest for Nome: A Guidebook to Find the Ideal Community for Your Later Years. Previously, she lived in a "Golden Girls" house in Asheville, with four women over 45. Pooling resources enabled each to live in a better neighborhood and, though they led separate lives, "it was comforting to know others were around," Kilkenny says —for cook- ing together, borrowing ingredi- ents, checking out one another's dates and running to the ER when one herniated a disc. The co4ivers once threw a neighborhood party, which revealed how much better they had it_ "Nobody had done that before, nobody [but us] knew each other!" CO -LIVING for singles Young singles face different living challenges. Enter a new kind ofdorm- meets -hotel - The bedroom in a unit in 011ie at Baumhaus style rental called co -living. "It felt small when I moved in," says tech consultant Kaide Kirchner, 26, of the 510-square- roniinued am page 14 i% 12 1 AUGUST 12, 2019 from page 12 foot one -bedroom apartment she rented last year in Pittsburgh's 011ie at Baumhaus. "But now I don't even notice. Id take this size apartment again, with all its amenities, over more space." t. Amenities indeed: The rent in 011ie at Baumhaus, where micro -studios start at $1,564 per month, includes hip furnishings, Wi-Fi, cable, housekeeping, linen senice, gym and a live-in "com- munity manager"who organizes social activities, (011ie is a play on "all inclusive.") Brothers Chris and Andrew Bledsoe, former financiers, founded 011ie to fill a hole they saw in housing: Urban apart- ments that had been designed for nuclear families were too big —or too pricey —for the growing number of singles. 011ie's vision is to put many small apartments in one building (lowering costs) but adding all The extras that make life easier and raise quality of life. Matthew Alexander, 28, who lives in 011ie at Carmel PIace in Manhattan, says he seldom engaged with neighbors in his Previous apartments. "Here we hang out watching football games in the common space or up on the terrace with a view of the Empire State Building," says the Maine native, who works in human resources and says that for the fast time in seven years in New York City he can afford to live without a roommate. "For now, its perfect "We have 10 locations signed up and more than 60 in the pipeline,"says Chris Bledsoe. "It's the future of housing." Go to Pa-deem/community for more on cohousing developments, including San Francisco's Starcity 14 1 AUGUST 12. 2018