Staff Report and Materials - Stillwater CrossingCITYOF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Stillwater Crossing Planned Unit Development Zoning Overlay and
Rezoning
MEETING DATE: August 3, 2020
BACKGROUND: 430 Stillwater Road LLC has submitted a Planned Unit Development ("PUD")
application for a Residential Mixed -Use PUD along with applications for rezoning and preliminary
plat on approximately 31.45 acres of land within an existing R-3/PUD Zone. The subject property is
located at 430 Stillwater Road at the intersection of Stillwater Road and Four Mile Drive and was
part of the now expired Starling PUD covering Section 35. The project envisions a mixture of single
family residential and multi -family residential uses along with a retail area intended to serve the
development and the greater area. The plan includes 83 single family lots, 192 multi -family units,
and approximately 1.77 acres of commercial/retail area, along with two clubhouses and
approximately 4.15 acres of park areas. The PUD would provide for smaller lot sizes/widths and
longer block lengths than typical standards and would not have alleys as would typically be required
based on the proposed lot width. The proposed rezoning of the property would change the underlying
zone from R-3 (Residential) to RA-1 (Residential Apartment) on 28.89 acres and B-1 (Neighborhood
Business) on 2.56 acres. The B-1 (Neighborhood Business) zone will have a separate PUD
application prior to development.
The property is located at 430 Stillwater Road and can be described as Tract 1 on Certificate of
Survey 21158 in the South half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead
County, Montana.
After holding two work sessions on the project in March and June, the Kalispell Planning Board held
a duly noticed public hearing on July 14, 2020, to consider the PUD request. Staff presented staff
report KPUD-20-01 providing details of the proposal and evaluation. Staff recommended that the
Planning Board adopt the staff report as findings of fact and recommend to the Council that the
request be granted subject to 49 listed conditions.
No public comments were received other than comments provided by the applicant at the hearing.
The public hearing was closed, and a motion was presented to adopt staff report KPUD-20-01 as
findings of fact and recommend to the Kalispell City Council that the PUD be approved subject to the
49 conditions. Board discussion concluded that the request was appropriate, and the motion passed 4-
1 on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading
of Ordinance 1846, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell
zoning ordinance 1677, by zoning approximately 31.45 acres of certain real property described as
Tract 1 on Certificate of Survey 21158 in the South half of Section 35, Township 29 North, Range 22
West, P.M.M., Flathead County, Montana., with approximately 28.89 acres of the land zoned RA-1
(Residential Apartment) and 2.56 acres as B-1 (Neighborhood Business) with a Residential Mixed -
Use PUD Zoning Overlay over both zones subject to 49 conditions, in accordance with the Kalispell
Growth Policy Plan- It 2035 and provide an effective date.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1846
Preliminary Plat Memorandum
Resolution 5981
July 14, 2020, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1846
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO.1677) BY ZONING A PORTION
OF CERTAIN REAL PROPERTY CURRENTLY ZONED CITY R-3 (RESIDENTIAL) TO
RA-1 (RESIDENTIAL APARTMENT) WITH A PLANNED UNIT DEVELOPMENT
OVERLAY AND A PORTION OF THAT CERTAIN REAL PROPERTY CURRENTLY
ZONED AS CITY R-3 (RESIDENTIAL) TO B-1 (NEIGHBORHOOD BUSINESS) ALL AS
MORE PARTICULARLY DESCRIBED WITHIN TRACT 1 OF CERTIFICATE OF
SURVEY 21158 IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 29 NORTH, RANGE
22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, in August, 2007 the city council approved Ordinance No. 1618, thereby attaching a
zoning classification of R-3, Residential on approximately 640 acres of land
described as Section 35, Township 29 North, Range 22 West, P.M,M, Flathead
County, Montana and further approving a Planned Unit Development overlay, named
the Starling PUD over the entire area; and
WHEREAS, by its terms, the Starling PUD has expired, and the above described Section 35 has
been divided into various parcels and held in various ownerships; and
WHEREAS, 430 Stillwater Road LLC has petitioned to amend the zoning designation on 28.29
acres of property in Section 35, more particularly described as Tract 1 of Certificate
of Survey 21158 in the South Half of Section 35, Township 29 North, Range 22
West, P.M.M., Flathead County, Montana, currently zoned as R-3, Residential, to be
zoned as RA-1 (Residential Apartment) with a Planned Unit Development overlay
and that the zoning designation on a contiguous 2.56 acres be amended to B-1
(Neighborhood Business); and
WHEREAS, the property is located at the intersection of Stillwater Road and Four Mile Drive;
and
WHEREAS, the petition of 430 Stillwater Road LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-20-01, in which the Kalispell
Planning Department evaluated the petition and recommended that a Planned Unit
Development overlay be attached to the property as described above, pursuant to
Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 14,
2020 and recommended that a 28.29 acre portion of the subject property currently
zoned as R-3, Residential, should be zoned as RA -I (Residential Apartment) with a
Planned Unit Development overlay and that the zoning designation on a contiguous
2.56 acres be amended to B-1 (Neighborhood Business) all as requested by the
petitioner and pursuant to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to designate a 28.29 acre
portion of the subject property, currently zoned as R-3 Residential, to be amended to
RA-1, Residential Apartment and to zone a 2.56 acre contiguous portion, currently
zoned as R-3 Residential, to be amended to B-1, Neighborhood Business, 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-20-01.
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 designating
approximately 28.89 acres of land described above as RA-1, Residential
Apartment, with a Planned Unit Development overlay and by designating
approximately 2.56 acres of the contiguous property described above as B-1,
Neighborhood Business.
SECTION 2. The Planned Unit Development overlay proposed by 430 Stillwater Road
LLC upon the real property described above is hereby approved, subject to
the following conditions:
The Planned Unit Development for Stillwater Crossing allows the following deviations from
the Zoning Regulations:
(a) Minimum lot area: Kalispell Zoning Ordinance Sec 27.09.040(1) — Minimum lot
size in the RA-1 zone is 6000 square feet plus 3000 square feet for each unit beyond
a duplex. This deviation reduces minimum lot area to 4180 square feet for the
single-family lots and to 1652 square feet per unit for the multi -family lot.
(b) Minimum lot width: Kalispell Zoning Ordinance Sec. 27.09.040(2) — The minimum
lot width in the RA-1 zone is reduced from 50 feet to 44 feet.
2. The Planned Unit Development for Stillwater Crossing allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Block length: Kalispell Subdivision Regulations Sec 28.3.12(A)(2)—Block lengths
must be at least 250 feet, but not more than 600 feet. This deviation would allow
blocks in excess of 600 feet provided that pedestrian connections are included per the
submitted plans plus an additional connection from the linear park in the southwest
corner of the development
(2) Alleys: Kalispell Subdivision Regulations Sec 28.3.15 — Alleys are typically
required for single family lots less than 50 feet in width. This deviation would
eliminate the requirement for alleys provided that the property is developed per the
submitted plans.
3. The B-1 (Neighborhood Business) zone on the property shall be designated as a PUD
Placeholder and a separate PUD application shall be submitted for review and approval prior
to any development within that zone.
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
5. 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.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
8. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit for any structure
other than the single-family dwellings. Building design shall be provided as listed below:
a. Four-sided architecture is required for all structures and buildings. Large, rectangular
masses should be avoided by incorporating offsets in the wall and roof. A change in
the plane of the walls, changing the direction or providing some variety in the roof
form gives diversity and visual interest.
b. All roof mounted equipment, i.e. HVAC, and any utility services should be shielded
from all views.
9. Signage shall be allowed as provided for RA-1 zones within the sign regulations contained in
the Kalispell Zoning Ordinance.
10. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture shall
not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to come up with a design that is both visually appealing and
meets the required safety guidelines. It is intended that when the project is developed the
ponds will act as features, particularly along the roadways, rather than a private maintenance
utility facility.
11. In order to ensure unique and varied street frontage with varied roof configurations and
facades with staggered locations on each parcel, the applicant shall prepare a plan calling out
an appropriate mix of multiple home designs and site layouts for the single-family area, to be
reviewed and approved by the Kalispell Planning Department. This plan shall be submitted
prior to any building permit approvals within the single-family phase of the development.
12. A view -obscuring fence along Four Mile Drive, Stillwater Road, and Savannah Road shall
be installed by the developer. The fencing plan shall be submitted to the Planning
Department and the Architectural Review Committee for review and approval and shall
include a consistent, aesthetically pleasing design.
13. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
14. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved.
15. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
16. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
17. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
18. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond
has been accepted for unfinished work.
19. Prior to final plat all mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by the Public Works
Department. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter stating that a proper bond has been
accepted for the unfinished work by the appropriate agency is required.
20. All existing and proposed easements shall be indicated on the face of the final plat. A letter
from the Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
21. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
22. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
23. While the development is planned as a rental community with a maintenance plan
administered by the lessor, the subdivision creating separate lots necessitates provisions for a
common area maintenance plan administered by a homeowners' association (HOA), which
shall be provided for prior to final plat. The HOA should include provisions for the
maintenance of all common areas in recorded covenants including, but not limited to, storm
drainage facilities, open space, park areas, and clubhouses. As part of the storm drainage
facilities, the association will be required to mow the area to reduce fire hazard and reduce
spread of noxious weeds.
24. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
25. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision, common area, and adjoining rights -of -way, including Four
Mile Drive and Stillwater Road.
26. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1.
27. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
28. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
29. All utilities shall be installed underground.
30. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
31. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
32. The existing irrigation well along Stillwater Road shall be protected by preserving electrical
service to the well and having a means to install pipe from the well to the extent of this
proj ect and surrounding developments. Preferably, the well should be transferred to the City
or abandoned and replaced in -kind elsewhere in Section 35, with the specific location being
at the discretion of the City of Kalispell. However, it is currently under separate ownership
and is part of undeveloped property to the north. It should be addressed either as part of the
engineering design for this project or as part of any approval for the property to the north.
33. The parking spaces at the clubhouse in the single-family phase shall be amended to provide
for a protected pull-out area, utilizing standard boulevard and approaches without backing
into the street.
34. A final geotechnical report shall be prepared and submitted to the Public Works Department
for review prior to engineering design for the subdivision. It shall also be submitted to the
Building Department prior to issuance of any building permits within the development.
35. In designing the water system for the subdivision, water services shall come off of internal
water mains and not the transmission main. The water main in Savannah Road shall be a 12-
inch main.
36. Any publicly owned mains within Phase 2 shall be located within drive aisles and an
easement dedicated to the City.
37. The applicant will extend sewer service from the west to the property and will need to extend
the sewer to the east in Four Mile Drive and north in Stillwater Road to the northeastern
corner of the development.
38. Sewer within Lot 85 for the multi -family development will need to be private until the point
of connection in Savannah Road.
39. Phasing for the right-of-way improvements would include all improvements in Four Mile
Drive and Savannah Road, plus the internal local road, as part of Phase 1 and all of the right-
of-way improvements in Stillwater Road from the intersection with Four Mile Drive to the
northeastern corner of the development would be part of Phase 2. Improvements related to
the intersection of Four Mile Drive and Stillwater Road shall be included with Phase 1
improvements.
40. Savannah Road shall be designed as a collector street and extend to the subdivision's
northern property boundary. A temporary turnaround shall be constructed along with
provisions for snow storage until such time as the street connects to the north. There shall not
be individual driveway approaches onto Savannah from the single-family area on the west,
and only limited shared approaches from the multi -family and neighborhood commercial
area on the east side of the road.
41. The full frontage of Stillwater Road shall be improved to an urban standard for a minor
arterial from the intersection with Four Mile Drive to the northeastern corner of the
development. The approach on Stillwater Road shall include a center turn lane.
42. The frontage of Four Mile Drive shall be improved to a rural standard for a minor arterial.
Approaches on Four Mile Drive shall include center turn lanes and standard street
intersection requirements (ADA ramps, crosswalks, lighting, etc.).
43. The intersection of Stillwater Road and Four Mile Drive shall be improved to provide for
left-hand turn lanes on the south and west legs to match the existing left-hand turns on the
north and east legs. The intersection shall also include sidewalks.
44. On the west side of the western approach onto Four Mile Drive, a pedestrian actuated rapid
flashing beacon for a crosswalk needs to be installed with no midblock crossing on Four
Mile Drive.
45. Any required additional right-of-way necessary for the improvements shall be dedicated to
the City of Kalispell. Additionally, the fee interest in the rights -of -way for Four Mile Drive
and Stillwater Road shall be dedicated to the City of Kalispell.
46. The interior local streets shown on the proposed plat as Lolo Lane and Kinners Lane would
serve as access to the single-family homes and would be constructed to standards for a local
street.
47. Driveway widths shall not exceed ten feet plus the appropriate flares provided in the City of
Kalispell Standards for Design and Construction.
48. The name of the interior street shall be modified so that the entire interior road system from
the western intersection with Four Mile Drive to the intersection with Savannah Road will be
under a single name.
49. T-intersections shall include ADA ramps on all legs.
SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full 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 AUGUST, 2020.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
Planning Department
201 V Avenue East
CITY OF Kalispell, MT 59901
Phone: (406) 758-7940
KALISPELL Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: Stillwater Crossing Preliminary Plat
MEETING DATE: August 3, 2020
BACKGROUND: 430 Stillwater Road LLC has submitted a major preliminary plat application on
approximately 31.45 acres of land within an existing R-3/PUD Zone, along with a Planned Unit
Development ("PUD") application for a Residential Mixed Use PUD and rezoning of the property.
The subject property is located at 430 Stillwater Road at the intersection of Stillwater Road and Four
Mile Drive and was part of the now expired Starling PUD covering Section 35. The project envisions
a mixture of single family residential and multi -family residential uses along with a retail area
intended to serve the development and the greater area. The plan includes 83 single family lots, one
multifamily lot proposed for 192 multi -family units, and one neighborhood business lot containing
approximately 1.77 acres, along with two clubhouses and approximately 4.15 acres of park areas.
The PUD would provide for smaller lot sizes/widths and longer block lengths than typical standards
and would not have alleys as would typically be required based on the proposed lot width. The
proposed rezoning of the property would change the underlying zone from R-3 (Residential) to RA-1
(Residential Apartment) on 28.89 acres and B-1 (Neighborhood Business) on 2.56 acres. The B-1
(Neighborhood Business) zone will have a separate PUD application prior to development.
The property is located at 430 Stillwater Road and can be described as Tract 1 on Certificate of
Survey 21158 in the South half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead
County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on July 14, 2020, to consider the
PUD request. Staff presented staff report KPP-20-01 providing details of the proposal and evaluation.
Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend
to the Council that the request be granted subject to 49 listed conditions.
No public comments were received other than comments provided by the applicant at the hearing.
The public hearing was closed, and a motion was presented to adopt staff report KPP-20-01 as
findings of fact and recommend to the Kalispell City Council that the PUD be approved subject to the
49 conditions. Board discussion concluded that the request was appropriate, and the motion passed 4-
1 on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
5981, a resolution approving a request from 430 Stillwater, LLC for approval of Preliminary Plat
KPP-20-01, a major subdivision preliminary plat consisting of approximately 31.45 acres with 49
conditions of approval, located at 430 Stillwater Road and which can be described as Tract 1 on
Certificate of Survey 21158 in the South half of Section 35, Township 29 North, Range 22 West,
P.M.M., Flathead County, Montana.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
c: Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO. 5981
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
STILLWATER CROSSING, DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY
21158 IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, 430 Stillwater Road LLC, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
July 14, 2020 on the proposal and reviewed Subdivision Report #KPP-20-01 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Stillwater Crossing subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of August 3,
2020, reviewed the Kalispell Planning Department Report #KPP-20-01, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-20-01 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of 430 Stillwater Road LLC for approval of the
Preliminary Plat of Stillwater Crossing, Kalispell, Flathead County, Montana
is hereby approved subject to the following conditions:
The Planned Unit Development for Stillwater Crossing allows the following deviations from
the Zoning Regulations:
(a) Minimum lot area: Kalispell Zoning Ordinance Sec 27.09.040(1) — Minimum lot
size in the RA-1 zone is 6000 square feet plus 3000 square feet for each unit beyond
a duplex. This deviation reduces minimum lot area to 4180 square feet for the
single-family lots and to 1652 square feet per unit for the multi -family lot.
(b) Minimum lot width: Kalispell Zoning Ordinance Sec. 27.09.040(2) — The minimum
lot width in the RA-1 zone is reduced from 50 feet to 44 feet.
2. The Planned Unit Development for Stillwater Crossing allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Block length: Kalispell Subdivision Regulations Sec 28.3.12(A)(2)—Block lengths
must be at least 250 feet, but not more than 600 feet. This deviation would allow
blocks in excess of 600 feet provided that pedestrian connections are included per the
submitted plans plus an additional connection from the linear park in the southwest
corner of the development
(2) Alleys: Kalispell Subdivision Regulations Sec 28.3.15 — Alleys are typically
required for single family lots less than 50 feet in width. This deviation would
eliminate the requirement for alleys provided that the property is developed per the
submitted plans.
3. The B-1 (Neighborhood Business) zone on the property shall be designated as a PUD
Placeholder and a separate PUD application shall be submitted for review and approval prior
to any development within that zone.
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
5. 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.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
8. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit for any structure
other than the single-family dwellings. Building design shall be provided as listed below:
a. Four-sided architecture is required for all structures and buildings. Large, rectangular
masses should be avoided by incorporating offsets in the wall and roof. A change in
the plane of the walls, changing the direction or providing some variety in the roof
form gives diversity and visual interest.
b. All roof mounted equipment, i.e. HVAC, and any utility services should be shielded
from all views.
9. Signage shall be allowed as provided for RA-1 zones within the sign regulations contained in
the Kalispell Zoning Ordinance.
10. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture shall
not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to come up with a design that is both visually appealing and
meets the required safety guidelines. It is intended that when the project is developed the
ponds will act as features, particularly along the roadways, rather than a private maintenance
utility facility.
11. In order to ensure unique and varied street frontage with varied roof configurations and
facades with staggered locations on each parcel, the applicant shall prepare a plan calling out
an appropriate mix of multiple home designs and site layouts for the single-family area, to be
reviewed and approved by the Kalispell Planning Department. This plan shall be submitted
prior to any building permit approvals within the single-family phase of the development.
12. A view -obscuring fence along Four Mile Drive, Stillwater Road, and Savannah Road shall
be installed by the developer. The fencing plan shall be submitted to the Planning
Department and the Architectural Review Committee for review and approval and shall
include a consistent, aesthetically pleasing design.
13. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
14. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved.
15. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
16. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
17. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
18. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond
has been accepted for unfinished work.
19. Prior to final plat all mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by the Public Works
Department. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter stating that a proper bond has been
accepted for the unfinished work by the appropriate agency is required.
20. All existing and proposed easements shall be indicated on the face of the final plat. A letter
from the Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
21. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
22. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
23. While the development is planned as a rental community with a maintenance plan
administered by the lessor, the subdivision creating separate lots necessitates provisions for a
common area maintenance plan administered by a homeowners' association (HOA), which
shall be provided for prior to final plat. The HOA should include provisions for the
maintenance of all common areas in recorded covenants including, but not limited to, storm
drainage facilities, open space, park areas, and clubhouses. As part of the storm drainage
facilities, the association will be required to mow the area to reduce fire hazard and reduce
spread of noxious weeds.
24. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
25. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision, common area, and adjoining rights -of -way, including Four
Mile Drive and Stillwater Road.
26. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1.
27. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
28. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
29. All utilities shall be installed underground.
30. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
31. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
32. The existing irrigation well along Stillwater Road shall be protected by preserving electrical
service to the well and having a means to install pipe from the well to the extent of this
proj ect and surrounding developments. Preferably, the well should be transferred to the City
or abandoned and replaced in -kind elsewhere in Section 35, with the specific location being
at the discretion of the City of Kalispell. However, it is currently under separate ownership
and is part of undeveloped property to the north. It should be addressed either as part of the
engineering design for this project or as part of any approval for the property to the north.
33. The parking spaces at the clubhouse in the single-family phase shall be amended to provide
for a protected pull-out area, utilizing standard boulevard and approaches without backing
into the street.
34. A final geotechnical report shall be prepared and submitted to the Public Works Department
for review prior to engineering design for the subdivision. It shall also be submitted to the
Building Department prior to issuance of any building permits within the development.
35. In designing the water system for the subdivision, water services shall come off of internal
water mains and not the transmission main. The water main in Savannah Road shall be a 12-
inch main.
36. Any publicly owned mains within Phase 2 shall be located within drive aisles and an
easement dedicated to the City.
37. The applicant will extend sewer service from the west to the property and will need to extend
the sewer to the east in Four Mile Drive and north in Stillwater Road to the northeastern
corner of the development.
38. Sewer within Lot 85 for the multi -family development will need to be private until the point
of connection in Savannah Road.
39. Phasing for the right-of-way improvements would include all improvements in Four Mile
Drive and Savannah Road, plus the internal local road, as part of Phase 1 and all of the right-
of-way improvements in Stillwater Road from the intersection with Four Mile Drive to the
northeastern corner of the development would be part of Phase 2. Improvements related to
the intersection of Four Mile Drive and Stillwater Road shall be included with Phase 1
improvements.
40. Savannah Road shall be designed as a collector street and extend to the subdivision's
northern property boundary. A temporary turnaround shall be constructed along with
provisions for snow storage until such time as the street connects to the north. There shall not
be individual driveway approaches onto Savannah from the single-family area on the west,
and only limited shared approaches from the multi -family and neighborhood commercial
area on the east side of the road.
41. The full frontage of Stillwater Road shall be improved to an urban standard for a minor
arterial from the intersection with Four Mile Drive to the northeastern corner of the
development. The approach on Stillwater Road shall include a center turn lane.
42. The frontage of Four Mile Drive shall be improved to a rural standard for a minor arterial.
Approaches on Four Mile Drive shall include center turn lanes and standard street
intersection requirements (ADA ramps, crosswalks, lighting, etc.).
43. The intersection of Stillwater Road and Four Mile Drive shall be improved to provide for
left-hand turn lanes on the south and west legs to match the existing left-hand turns on the
north and east legs. The intersection shall also include sidewalks.
44. On the west side of the western approach onto Four Mile Drive, a pedestrian actuated rapid
flashing beacon for a crosswalk needs to be installed with no midblock crossing on Four
Mile Drive.
45. Any required additional right-of-way necessary for the improvements shall be dedicated to
the City of Kalispell. Additionally, the fee interest in the rights -of -way for Four Mile Drive
and Stillwater Road shall be dedicated to the City of Kalispell.
46. The interior local streets shown on the proposed plat as Lolo Lane and Kinners Lane would
serve as access to the single-family homes and would be constructed to standards for a local
street.
47. Driveway widths shall not exceed ten feet plus the appropriate flares provided in the City of
Kalispell Standards for Design and Construction.
48. The name of the interior street shall be modified so that the entire interior road system from
the western intersection with Four Mile Drive to the intersection with Savannah Road will be
under a single name.
49. T-intersections shall include ADA ramps on all legs.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 3RD DAY OF AUGUST, 2020.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
July 14, 2020
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 6:00 p.m. Board
members present were Chad Graham, Kurt Vomfell, Rory Young,
George Giavasis and Joshua Borgardt. Doug Kauffman and
Ronalee Skees were absent. PJ Sorensen represented the Kalispell
Planning Department.
APPROVAL OF MINUTES
Vomfell moved and Giavasis seconded a motion to approve the
minutes of the June 9, 2020 meeting of the Kalispell City Planning
Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
None.
HOUSING SOLUTIONS LLC
A request by Housing Solutions LLC to hold a public meeting and
seek input on a competitive application to be submitted to the
Montana Board of Housing for a new affordable senior
development called Creekside Commons. The project consists of
24 one -bedroom and 12 two -bedroom units specifically designed
for seniors, located at 120 Financial Drive.
Alex Burkhalter with Housing Solutions LLC presented
information on the proposed housing project. Offered to answer
any questions that the board or the public may have.
PUBLIC HEARING
Lisa Sheppard with the Flathead County Agency on Aging spoke in
support of this project and provided planning staff with a letter of
support (see attached).
BOARD DISCUSSION
Vomfell and Giavasis both said they are happy to see a project like
this and feel it is much needed and in a great location.
BOARD MEMBER SEATED
Young recused himself from the next agenda item, as he is a
representative for Colton Lee Communities.
KCU-20-04 — COLTON LEE
PJ Sorensen representing the Kalispell Planning Department
COMMUNITIES
reviewed Staff Report #KCU-20-04.
Sorensen presented the project location, surrounding land uses,
existing zoning, City services and Growth Policy. Staff informed
the board that no written public comments have been received. Staff
further recommended that the Kalispell Planning Board adopt staff
report #KCU-20-04 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the conditions listed in the staff report.
Kalispell City Planning Board
Minutes of the meeting of July 14, 2020
Pagel
BOARD DISCUSSION
Giavasis asked about pedestrian access and crossing at the
roundabout. Sorensen discussed pedestrian access along Hutton
Ranch Road and potential access to the property to the west.
Graham asked about Hutton Ranch design standards. Sorensen
explained that this project is separate from that PUD. Vomfell
noted his support for the project.
PUBLIC HEARING
Rory Young (Jackola Engineering) represented the applicant.
They are happy with the conditions, but would suggest a change in
condition 9 related to size of the sewer main.
MOTION (ORIGINAL)
Giavasis moved and Vomfell seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt staff report
#KCU-20-04 as findings of fact and recommend to the Kalispell
City Council that the conditional use permit be approved subject to
the conditions listed in the staff report.
BOARD DISCUSSION
Giavasis and Vomfell both noted that the project provides a good
mixed use. Graham asked about the pipe size. Nygren noted that
the existing main is 12 inches, but that the language in the
condition could be modified to allow flexibility if Public Works
agrees to a smaller size.
MOTION (AMEND COND. #9)
Vomfell moved to amend condition 9 in relevant part to read "4-2-
in-eh water and 12 ineh sewer mains shall be extended to the north
property line as agreed by public works...." Graham seconded.
BOARD DISCUSSION
None.
ROLL CALL (AMEND COND.
Motion passed unanimously on a roll call vote.
#9)
ROLL CALL (ORIGINAL)
Motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Young re -seated after the vote.
KPUD-20-01 & KPP-20-01
PJ Sorensen representing the Kalispell Planning Department
STILLWATER CROSSING
reviewed Staff Report #KPUD-20-01 and KPP-20-01.
Sorensen presented the project location, surrounding land uses,
existing zoning, proposed zoning, City services and Growth Policy.
Staff informed the board that no written public comments have been
received. Staff further recommended that the Kalispell Planning
Board adopt staff report #KPUD-20-01 and KPP-20-01 as findings
of fact and recommend to the Kalispell City Council that the Planned
Unit Development, rezoning and preliminary plat be approved
subject to the conditions listed in the staff report.
BOARD DISCUSSION
Young asked about the road names and ADA ramps, and whether
a CUP was needed for multifamily. Sorensen discussed the
Kalispell City Planning Board
Minutes of the meeting of July 14, 2020
Page 12
problem with the road name changing mid block, and that a CUP
would not be necessary in a PUD. Graham asked about condition
11 relating to the home designs and layouts, snow storage, parking
and curb length. Sorensen noted the layout plan which was
recently added, and the exhibit showing a typical street frontage.
Borgardt asked about the tight driveways, and further discussion
regarded the function of the streets given the size of the lots
without alleys.
PUBLIC HEARING
Mike Brodie (WGM) represented the applicant. He commented
regarding the separate PUD submittal for the B-1 area, the
driveway width, the sewer extension up Stillwater, and the
clubhouse spaces backing into the street. Sorensen responded to
each comment.
MOTION (PUD)
Vomfell moved and Young seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt staff report
#KPUD-20-01 as findings of fact and recommend to the Kalispell
City Council that the planned unit development be approved subject
to the conditions listed in the staff report.
BOARD DISCUSSION
Giavasis stated that he likes the mixed use, but doesn't want to
compromise on the alley requirement. He also thinks the
driveway flares could be reduced. Graham agrees on the flares
and would prefer alleys, although he understands why they are
proposing none. Vomfell feels the same about alleys, but is
generally supportive. Borgardt is concerned about the impact of
the lot width and lack of alleys.
ROLL CALL
Motion passed 4-1 on a roll call vote (Giavasis voted no).
MOTION (REZONING)
Vomfell moved and Giavasis seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt staff report
#KPUD-20-01 as findings of fact and recommend to the Kalispell
City Council that the rezoning from R-3/PUD to RA-1/PUD and B-
1/PUD be approved.
BOARD DISCUSSION
None
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION (PRELIMINARY
Vomfell moved and Young seconded a motion that the Kalispell
PLAT)
City Planning Board and Zoning Commission adopt staff report
#KPP-20-01 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
None
ROLL CALL
Motion passed 4-1 on a roll call vote Giavasis voted no).
Kalispell City Planning Board
Minutes of the meeting of July 14, 2020
Page13
OLD BUSINESS
Nygren gave updates on the trail.
NEW BUSINESS
Nygren advised the board of August agenda items. Looking at
work session on B-2 setbacks and alleys.
ADJOURNMENT
The meeting adjourned at approximately 7:35pm.
Chad Graham
President
APPROVED as submitted/amended:
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of July 14, 2020
Page 14
STILLWATER CROSSING PUD
REQUEST FOR PLANNED UNIT DEVELOMENT/REZONING
STAFF REPORT #KPUD-20-01
REQUEST FOR MAJOR SUBDIVISION
STAFF REPORT #KPP-20-01
KALISPELL PLANNING DEPARTMENT
JULY 8, 2020
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from 430 Stillwater Road, LLC for a Planned Unit Development (PUD), rezoning, and major
preliminary plat on 31.45-acres. A public hearing has been scheduled before the Planning Board
for July 14, 2020, 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.
BACKGROUND INFORMATION
430 Stillwater Road LLC has submitted a Planned Unit Development ("PUD") application for a
Residential Mixed Use PUD along with applications for rezoning and preliminary plat on
approximately 31.45 acres of land within an existing R-3/PUD Zone. The subject property is
located at 430 Stillwater Road at the intersection of Stillwater Road and Four Mile Drive, and
was part of the now expired Starling PUD covering Section 35. When a PUD expires, the zoning
designation becomes a placeholder PUD and requires a new PUD prior to development. The
project envisions a mixture of single family residential and multi -family residential uses along
with a retail area intended to serve the development and the greater area. The plan includes 83
single family lots, 192 multi -family units, and approximately 1.77 acres of commercial/retail
area, along with two clubhouses and approximately 4.15 acres of park areas. The PUD would
provide for smaller lot sizes/widths and longer block lengths than typical standards. The
proposed rezoning of the property would change the underlying zone from R-3 (Residential) to
RA-1 (Residential Apartment) on 28.89 acres and B-1 (Neighborhood Business) on 2.56 acres.
A: Applicant: 430 Stillwater Road LLC
717 W Sprague Ave, Ste 802
Spokane, WA 99201
Technical Assistance: WGM Group
431 1st Ave W
Kalispell, MT 59901
B: Location: The property is located at 430 Stillwater Road and can be described as Tract 1
on Certificate of Survey 21158 in the South '/2 of Section 35, Township 29N, Range
22W, P.M.M., Flathead County, Montana.
1
C: Existing Land Use and Zoning: The subject property currently contains a single-family
home and agricultural buildings tied to the historical farming use on the property. The
current zoning is R-3/PUD. The R-3 zone 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 the 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 PUD overlay on
the property was part of the Starling PUD, which has now expired. When a PUD expires,
the designation becomes a PUD placeholder, which requires a new PUD prior to
development.
Kilwil 2oma Exhibit - Jan+ JOM. 2W
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R4RUD
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D. Size:
The subject property is approximately 31.45
acres.
E: Adjacent Zoning:
North: City R-3/PUD
East: City R-4/PUD
South: City R-2 & County SAG-5
West: City R-3/PUD
F: Adjacent Land Uses:
North: Undeveloped/agricultural
East: Undeveloped; multi -family
and single-family residential
South: Undeveloped/agricultural
West: Undeveloped/agricultural
2
G. Proposed Zoning: The proposed zoning of the property is RA-1 and B-1 with a PUD
overlay. The RA-1 portion, shown below in red, contains 28.89 acres and the B-I portion,
shown in blue, contains 2.56 acres. There is an irrigation well site and strip of property
within the right-of-way to the north of the well under separate ownership which is not
included within the application. Regardless of that ownership, whenever the frontage on
Stillwater Road or the northeastern corner of the property is referenced anywhere in this
report, it is intended to extend to the northern tip of the RA -I area shown on this exhibit
and not only to the well site.
The RA-1 zone is a "residential district intended to provide for urban areas for multi-
family use and compatible non-residential uses of medium land use intensity. It should be
served with all public utilities and be in close proximity to municipal services, parks, or
shopping districts. This zoning district would typically be found in areas designated as
urban residential or high density residential on the Kalispell Growth Policy Future Land
Use Map."
The B-1 zone is a "business district intended to provide certain commercial and
professional office uses where such uses are compatible with the adjacent residential
areas. This district would typically serve as a buffer between residential areas and other
commercial districts. Development scale and pedestrian orientation are important
elements of this district. This district is also intended to provide goods and services at a
neighborhood level. The district is not intended for those businesses that require the
outdoor display, sale and/or storage of merchandise, outdoor services or operations to
accommodate large-scale commercial operations. This zoning district would typically be
found in areas designated as neighborhood commercial or urban mixed use on the
Kalispell Growth Policy Future Land Use Map."
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PRELIMINARY
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H: General Land Use Character: The subject property is at the corner of Four Mile Drive
and Stillwater Road in a general area that has traditionally been agricultural, but has been
transitioning to residential. Just to the east of the property is an access to the bypass as
well as a new city water line along the east and south of the property. Just to the west is
the new Westside Interceptor sanitary sewer main. This infrastructure would tend to
continue the trend in the area towards residential development. Additionally, the
northern boundary of the property is adjacent to a BPA easement for power lines. Since
construction could not occur under the lines, there will be an open space buffer between
this property and any development to the north. The land subject to the easement is not
part of this property under review.
L• Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map
designates the subject property as primarily Urban Residential with both High Density
KaispelI Growth Policy Exhibit - Jurte 10th, 2020
NORTH 430 Stillwater Rd
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Residential and Neighborhood
Commercial components. The
proposed RA -I zone is supported by
both the Urban Residential and High
Density Residential designations, while
the proposed B-I zone is supported by
the Neighborhood Commercial
designation. The City of Kalispell
Growth Policy Plan -It 2035, Chapter
4A on Housing, encourages a variety of
residential development that provides
housing for all sectors and income
levels within the community. Chapter
4B on Business and Industry provides
for neighborhood commercial areas
designed to address the daily needs of
the immediate neighborhood. City
services including sewer, water and
streets are in the vicinity and available
to the subject property.
4
J: Availability of Public Services and Extension of Services: There have been two recent
major infrastructure projects in the immediate area. One is the Westside Interceptor
sanitary sewer main that runs though Section 35. The other is a new water main that is
adjacent to the property on the east within Stillwater Road and to the south within Four
Mile Drive. The Highway 93 Bypass lies just to the east of the property with a full
interchange access a short distance from the intersection of Stillwater and Four Mile.
INESTSIDE
INTERCEPTOR
(CITY SANITARY
SEINER MAIN) CITY
WATER
MAIN
SUBJECT
PROPERTY
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District #1 (West Valley), Glacier High School
Fire:
City of Kalispell
Police:
City of Kalispell
I. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL
The intent of a PUD district is to serve as an overlay zoning district. 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.
The Stillwater Crossing PUD would provide a layout of 31.45-acres, providing a mixture of
single-family, multi -family, and neighborhood commercial development. The PUD will be a
5
residential mixed -use PUD and function in concert with the proposed RA-1 and B-1 underlying
zones.
II -VAD AL UM I
T
e
Y
N _.. V
' T P
Sections 27.19.020(4) of 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.
The proposed development is located within the Urban Residential, High Density Residential, and
Neighborhood Commercial land use categories. The proposed zoning districts fit within those
designations.
Section 27.09.010 of the Kalispell Zoning Ordinance states that the RA-1 Zoning District would
typically be found in areas designated as Urban Residential or High Density Residential on the
Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Plan -IT 2035 and the
zoning would contemplate urban residential neighborhoods at densities of between four and twelve
dwelling units per acre, with single-family lot sizes as small as 2500 square feet, and high density
residential with up to 20 units per acre or more. Both designations provide for some mixed -use
opportunities. The density within the residential area of the PUD would be about 9.5 units per acre
(275 dwelling units/28.89 acres).
10
Section 27.12.010 of the Kalispell Zoning Ordinance states that the B-1 Zoning District would
typically be found in areas designated as Neighborhood Commercial on the Kalispell Growth
Policy Future Land Use Map. The Kalispell Growth Policy Future Land Use Map designates the
subject property as Neighborhood Commercial in the area where the proposed B-1 Zone would
be located.
The Kalispell Growth Policy Plan -It 2035 also includes the following policies:
Chapter 4, Land Use Housing (9): On larger tracts of land, creative design and a mix
of housing types is encouraged within the overall density requirements to create more
dynamic neighborhoods, to provide more open space, and to protect sensitive resource
areas.
Chapter 4, Land Use Housing (14): A variety of housing types and compatible land
uses are encouraged in residential areas and should be designed to fit scale and character
of the neighborhood. Where necessary, developers should utilize the Planned Unit
Development (PUD) process to craft development proposals that are both innovative and
creative, while maintaining the integrity and values of the community.
Chapter 4, Land Use Business and Industry (la): Establish neighborhood commercial
areas designed to provide convenient goods and services that address the daily needs of
the immediate neighborhood.
Chapter 4, Land Use Business and Industry (Ib): Neighborhood commercial areas
should generally be three to five acres in size and be spaced one-half to one mile apart.
Sites should be configured to enable clustering of neighborhood commercial businesses,
emphasizing bike and pedestrian access.
Chapter 4 Business and Industry (Urban Mixed -Use areas, 4a) - Encourage the
development of compact, centrally located service and employment areas that provide easy
connection between commercial and residential neighborhoods.
Chapter 4 Business and Industry (Urban Mixed -Use areas, 4b) - A complete system of
pedestrian and bike paths is important in mixed use areas.
Chapter 4 Business and Industry (Urban Mixed -Use areas, 4c) - 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.
Chapter 4 Business and Industry (Urban Mixed -Use areas, 4d) - 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
7
the residential neighborhoods by encouraging multi -family, office and other compatible
uses as a transition tool with sensitivity to compatible design.
Chapter 4 Business and Industry (Urban Mixed -Use areas, 4e) - Avoid encroachment
into established, intact residential areas
Chapter 4 Business and Industry (Urban Mixed -Use areas, 4f} - 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.
The proposal calls for a mix of single-family and multi -family residential uses on 28.89 acres
with a neighborhood business node consisting of 2.56 acres. Within the residential area, there
are several park areas totaling approximately 4.15 acres with two clubhouses, and
pedestrian/bike paths connecting homes with the parks and the larger network of bike paths in
the general area, including those along the bypass which provides a connection throughout the
community.
The neighborhood business area is slightly under the maximum three -to -five acre size anticipated
in the growth policy and is located in the corner of the development next to the intersection of
Four Mile Drive and Stillwater Road. The higher -density multi -family residential area is located
along Stillwater Road to the north of the neighborhood commercial area. The overall layout of
the site allows for a transition of the higher intensity uses, which are focused more near the
intersection and along Stillwater, to lower intensity as it moves towards the west away from the
main road corridor. The size and scale of the neighborhood business area is intended to serve
primarily the needs of the immediate neighborhood and is designed to be incorporated into the
overall development plan, although a supplemental PUD should be submitted in order to address
the specifics of that portion of the development. The commercial aspect of the development does
not encroach into an established residential area.
The requested PUD can be found to comply with the Urban Residential, High Density
Residential and Neighborhood Commercial land use designations, as well as policies found
within the Housing and Business and Industry sections 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.
(1) Minimum lot area: Sec 27.09.040(1) — Minimum lot size in the RA-1 zone is
6000 square feet plus 3000 square feet for each unit beyond a duplex. The request
reduces minimum lot area to 4180 square feet for the single-family lots and to
1652 square feet per unit for the multi -family lot. The overall development plan
contains less density (about 9.5 units per acre) than the maximum allowed under
both zoning (20 units per acre in a PUD with RA-1 zoning) and the growth policy
(up to 12 units per acre in an urban residential designation, including lot sizes
down to 2500 square feet). The smaller lot size allows for better design with park
area, paths, and clubhouses serving the residents.
(2) Minimum lot width: Sec.27.09.040(2) — Minimum lot width in the RA-1 zone is
50 feet. The request reduces minimum lot width to 44 feet and asks for 30 foot
minimums on irregular shaped lots. The reduction to 44 feet is tied to the
reduction in lot size and is supported by the same reasons that minimum lot area
is appropriate. However, there are other aspects of lot width that need to be
considered due to the impact lot width has on the street frontages. Subdivision
regulations require alleys when single-family lots are less than 50 feet in width
(Sec. 28.3.15). Alleys are not provided in this plan and the applicant is asking for
a deviation from that regulation as well. This aspect of the design was discussed
at a work session held by the Planning Board based on an exhibit submitted by the
applicant showing the street frontages with the 44 foot width.
LOT 64 _CD 63 LOT 62 LOT 61
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The narrowing of the driveways allows for approximately 22 feet along the road
for parking, street trees, and snow storage. The 22 feet provides space for one
parking space. Along irregular shaped lots on the curves in the road, the full 22
feet would not be provided, although that is typically expected due to the
geometry of that type of lot which is narrow along the road and then widens into a
"pizza" shape. At the work session, the Planning Board was generally
comfortable with the proposal based on the exhibit, although the driveway design
should be changed to be more of a funnel shape coming to a center point rather
than the hard angle from one side.
9
The second part of this request is related to the irregular shaped lots. While the
street dimension is less than 44 feet, the zoning regulations use the with of the lot
at the building face rather than the street dimension. By setting houses further
back on the lot, the 44 foot dimension can likely be met. As such, the deviation as
it relates to the irregular lots is probably not necessary.
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;
(1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but
not more than 600 feet. The applicant is requesting blocks in excess of 600 feet.
The regulations provide for pedestrian connections to break up blocks over 600
feet. Most of the stretches that are too long have been broken up with pedestrian
connections to Four Mile Drive and to the area to the north under the BPA
powerline easement, which will likely be open space as part of any development
to the north of this property. There should also be a connection from the planned
path in the linear park in the southwest corner of the property to the north. The
triangular shape of the property with the BPA easement, Four Mile Drive, and
Stillwater Road bounding all three sides of the development also make full
compliance with the 600-foot rule difficult. With the path connections, the intent
of the regulation is met by providing some measure of connectivity to and through
this development.
(2) Alleys: Sec 28.3.15 — Alleys are typically required for single family lots less than
50 feet in width. Most lots in the development are 44 feet in width. The
applicant's design does not include alleys. The purpose of the alley requirement
is to provide access to the homes without overburdening the street frontages with
driveways that hamper on -street parking, snow storage, boulevard trees, and
garbage collection. As noted in the discussion regarding lot width above, the
Planning Board discussed this aspect of the development at a work session based
on an exhibit submitted by the applicant showing how these street frontages
would work. For the reasons outlined in section (I)(B)(2) of this report on lot
width, the elimination of alleys can be supported by the driveway design intended
to allow for more functional streets
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;
10
The overall layout of the development includes a mix of single-family dwellings, multi -family
dwellings, and neighborhood commercial. The higher intensity uses are on the eastern portion of
the property with the multi -family use and the neighborhood commercial along Stillwater Road.
The single-family portion extends to the west and is separated from the other uses with a
collector road dividing the property. The road extends to the northern property line, providing
for connectivity with future development. While not a part of this development, the area under
the BPA powerline will likely be open space for any future development and would serve as a
buffer between these uses and future uses on the adjacent land.
There is a system of bike/pedestrian paths connecting the different uses with each other and the
parks and clubhouses offering open space and recreational benefits to the residents. The specific
design of the neighborhood commercial area is not known at this time, but will need to be
designed to fit the scale and character of the neighborhood and primarily meet the needs of the
immediate neighborhood. A supplemental PUD should be submitted prior to development of the
B-1 area once more specific details are known.
An important aspect of buffering includes fencing types along the roadways. Mis-matched
fences detract from good visual design. Along Four Mile Drive and Stillwater Road, as well as
the internal collector street, there should be a consistency of design that allows for both the
privacy of the residents as well as consistent aesthetics. A condition should be attached which
requires a view -obscuring fence along those frontages to be installed by the developer. The
fencing plan should be submitted to the Planning Department and the Architectural Review
Committee for review and approval and should include a consistent, aesthetically pleasing
design.
Similarly, the stormwater facilities and any fencing around the stormwater ponds should include
an elevated design. Given their visible locations, they should be designed in a way that it
becomes a visual interest to the development. Chain link fencing surrounding the retention pond
as the dominant fixture should not be allowed without mitigation. The developer should work
closely with the Parks Department and Public Works to come up with a design that is both
visually appealing and meets required safety guidelines. It is intended that when the project is
developed the ponds will act as features, particularly along the roadways, rather than a private
maintenance utility facility.
In regard to the single-family home design, when lots get smaller, there is often less flexibility in
site layout and architectural appearance. The applicant included renderings of proposed single-
family homes with the intent to provide "a variety of cost-efficient units while creating a
somewhat unique and varied street frontage. The goal is to have a similar floor plan with varied
roof configurations and facades. Additionally, house will be staggered to keep frontages
somewhat varied throughout the development." In order to ensure a variety of appearance and
implement the applicant's vision, there should be a condition addressing the provision of
multiple home designs and site layouts for the single-family area. Construction in the multi-
family and neighborhood commercial areas will be subject to review by the Architectural
Review Committee as part of the building permit process.
11
ConcWualrenderings showing arehitecturai character of single-family resldenHal area.
Presented by WGM Group, Inc_ an behalf' of KTGYArcMecture + Planning.
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 plan includes common open space and park areas totaling 4.25 acres. There is a central park
area in the single-family section with a clubhouse and a clubhouse park and pocket part in the
multi -family area. There are several linear parks and other bike/pedestrian connections in
addition to areas of common open space at entrances to the development. As proposed, these
common elements provide a significant amenity for the residents.
The intent of the developer is to operate the development as a rental community and would
operate the development in that manner. However, with the creation of the single-family lots,
which could potentially be sold, it is important that provisions be made in the covenants
providing for maintenance of the common elements of the development. Covenants have not
been provided at this time, but will need to be submitted prior to final plat. Additionally, the city
requires a note on the final plat indicating a waiver of the right to protest creation of a park
maintenance district to cover a situation where a homeowners' association is not maintaining
those common elements.
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;
Public service facilities and infrastructure are adequate for the development of this site. Any new
improvements to the property such as internal roads, storm water retention and water/sewer
12
connections would be installed in accordance with city policies and standards at the developers'
expense. A Traffic Impact Study was completed by the developer and outlined below.
Water: Water to the subdivision will be provided by the City of Kalispell and will tie into a
recent water main extension project completed by the City in Stillwater Road and Four Mile
Drive. The water system for the subdivision will be reviewed and approved by the Kalispell
Public Works Department as part of the development of the subdivision. There is adequate
capacity within the city's water system to accommodate this subdivision.
Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The applicant will
extend sewer service to the property from the Westside Interceptor that is located to the west of
the property. The sewer system for the subdivision will be reviewed and approved by the
Kalispell Public Works Department as part of the development of the subdivision. There is
adequate capacity within the city's sewer system to accommodate this subdivision.
Solid Waste: Solid waste collection can be provided throughout the subdivision by the City of
Kalispell. However, the design of the multi -family component in phase 2 may prove to be
problematic for solid waste trucks to make the corners as shown on the plans. The final design,
which will be reviewed as part of the building permit at the Site Development Review
Committee, may require changes to allow for appropriate access and turning areas.
Access and Roads: The single-family section will have two street accesses off of Four Mile
Drive, with the eastern access being a collector road extended to the north to eventually connect
with adjoining property. A public road provides circulation within the single-family area. The
plan currently shows parking spaces at the clubhouse in that area backing into the roadway,
which is not permitted under the zoning ordinance, which only allows that configuration for
single-family and duplex uses. The plan should be amended to provide for a protected pull-out
area, utilizing standard boulevard and approaches without backing into the street, particularly
due to its location near the intersection.
Access to the multi -family section will include an access off of the collector road as well as a
driveway access off of Stillwater Road. The B-1 shows its access off of the internal collector
road and any direct access onto either Stillwater Road or Four Mile Drive would need to be
addressed with the supplemental PUD, but would not appear likely at this time.
Control over vehicular traffic: WGM Group prepared a traffic impact study for the proposed
project. The traffic impact study analyzed the full buildout of the proposed development. The
traffic study was prepared using standard techniques to forecast traffic volumes and operations at
the two approaches onto Four Mile Drive and the approach from Stillwater Road, as well as
intersections at (a) Four Mile Drive and Stillwater Road; (b) Three Mile Drive and Stillwater
Road; (c) Reserve Drive and Stillwater Road; and (d) Four Mile Drive and Farm to Market Road.
The study concluded that traffic from the development "can be accommodated at the study
intersections without the need for improvements to mitigate the site -generated traffic." The
study also calls for improvements to Four Mile Drive and Stillwater Road along the lengths of
13
each frontage. As proposed, the Stillwater Bend Subdivision will not create any new roadway
capacity problems, although improvements along both frontages are warranted.
Storm Water: Roadways will be paved and curb/gutter will channel runoff to designed low points,
where storm water will be collected and routed to storm water ponds. Storm water runoff from the
site shall be managed and constructed per the City of Kalispell Standards for Design and
Construction and storm water management program. Final design will be approved by Kalispell
Public Works Department prior to development. Additionally, prior to development of the
subdivision or receiving any building permits, 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.
Schools: The property is within the boundaries of School District 91 (West Valley) and Glacier
High School. On average, it would be anticipated that there would be about 138 students from
the neighborhood at full build -out. Section 76-3-608(1) of the Montana Code Annotated states
that the governing body may not deny approval of a proposed subdivision based solely on the
subdivision's impacts on educational services.
Police: Police services will be provided by the Kalispell Police Department. The department can
adequately provide service to this subdivision.
Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The
department can adequately provide service to this development. Additionally, the road network
to the subdivision provides adequate access for fire protection. As part of subdivision review and
site review for the multi -family and neighborhood commercial areas, fire protection, including
fire flow and hydrant location, will be reviewed. As with solid waste collection, access and
turning areas within the multi -family phase of the development will need to be reviewed. Fire
station 62 is located approximately 1.25 miles away providing good response time.
G. The relationship, beneficial or adverse, of the planned development project upon the
neighborhood in which it is proposed to be established;
The subject property is at the corner of Four Mile Drive and Stillwater Road in a general area
that has traditionally been agricultural, but has been transitioning to residential. There is recently
installed infrastructure in the area, such as water and sewer lines, that would tend to continue the
trend in the area towards residential development. It is expected that additional development
will occur in the vicinity to the north, west, and south with different projects at various stages of
planning which would offer similar types of primarily residential use, and this project would fit
within that overall trend.
14
`
Along the east side of the property,
there is an existing irrigation well.
It is important to preserve electrical
r°
service to the well and have a
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means to install pipe from the well
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to the extent of this project and
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surrounding developments.
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Eventually, it will likely be used to
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irrigate the potential new fields and
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storm water facility near the corner
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of West Spring Creek Road and
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West Reserve Drive. As such, the
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existing water well on the site shall
, .
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be protected. Preferably, the well
,
should be transferred to the City or
New 1.0, fr afron
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abandoned and replaced in -kind
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ha-0 by G rKder Dairy �
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elsewhere in Section 35, with the
specific location being at the
- - ---- -
discretion of the City of Kalispell.
However, it is currently under
separate ownership and is part of
undeveloped property to the north. It should be addressed either as part of the engineering
design for this project or as part of any approval
for the property to the north.
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;
There are three phases of the development. The first phase would include the single-family
section, the second phase is the multi -family section, and the third phase would be the
neighborhood commercial. The application outlines a tentative schedule for the first phase to
begin construction in 2020 and the second phase in 2021. The third phase is undetermined and a
recommended condition of approval is to require a supplemental PUD for the third phase prior to
development. Section 27.19.020(10) of the zoning ordinance outlines procedures for
abandonment/expiration 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 ensure 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 to filing the final plat for the first phase of the project.
15
I. Conformity with all applicable provisions of this chapter.
Section 27.19.030(2)(a)(4) of the zoning ordinance allows for Residential Mixed -Use PUDs in
RA -I and B-1 zones with a minimum of 5 developable acres, with the commercial component
not to exceed 35% of the developable area. Density should not exceed 20 dwelling units per acre.
The development contains 31.45 acres, only 2.56 acres of which is B-1, or about 8%. Density in
the RA-1 is about 9.5 units per acre. The proposal meets those requirements.
Under that section, 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, and incompatible commercial uses are not permitted. Given that specific details
for the use and design of the area are not known at this time, a supplemental PUD will be
required for the B-1 area to address how it fits within the neighborhood prior to development of
that section.
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.
IL Rezoning Evaluation Based on Statutory Criteria
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, 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. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned city
R-3/PUD. The applicants are requesting city RA-1 and B-1 with a PUD overlay.
The RA-1 zone is a "residential district intended to provide for urban areas for multi -family use
and compatible non-residential uses of medium land use intensity. It should be served with all
public utilities and be in close proximity to municipal services, parks, or shopping districts. This
zoning district would typically be found in areas designated as urban residential or high density
residential on the Kalispell Growth Policy Future Land Use Map."
The B-1 zone is a "business district intended to provide certain commercial and professional
office uses where such uses are compatible with the adjacent residential areas. This district
would typically serve as a buffer between residential areas and other commercial districts.
Development scale and pedestrian orientation are important elements of this district. This
district is also intended to provide goods and services at a neighborhood level. The district is not
intended for those businesses that require the outdoor display, sale and/or storage of
merchandise, outdoor services or operations to accommodate large-scale commercial operations.
This zoning district would typically be found in areas designated as neighborhood commercial or
urban mixed use on the Kalispell Growth Policy Future Land Use Map."
1. Does the requested zone comply with the growth policy?
See Section I(A) above.
16
2. Will the requested zone have an effect on motorized and non -motorized transportation
systems?
WGM Group prepared a traffic impact study for the proposed project. The traffic impact
study analyzed the full buildout of the proposed development. The traffic study was
prepared using standard techniques to forecast traffic volumes and operations at the two
approaches onto Four Mile Drive and the approach from Stillwater Road, as well as
intersections at (a) Four Mile Drive and Stillwater Road; (b) Three Mile Drive and
Stillwater Road; (c) Reserve Drive and Stillwater Road; and (d) Four Mile Drive and
Farm to Market Road.
The study concluded that traffic from the development "can be accommodated at the
study intersections without the need for improvements to mitigate the site -generated
traffic." The study also calls for improvements to Four Mile Drive and Stillwater Road
along the lengths of each frontage.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an emergency.
There are no features related to the property which would compromise the safety of the
public. All municipal services including police and fire protection, water and sewer service
are currently available to the area.
4. Will the requested zone promote the public health, safety and general welfare?
As with safety from fire and other dangers, the general health, safety, and welfare of the
public will be promoted through general city regulations designed to regulate allowable
uses when the property is developed. In this case, the requested zoning classifications or
RA-1 and B-1, particularly in conjunction with the PUD overlay, will promote the health
and general welfare by restricting land uses to those that would be compatible with the
adjoining properties and those in the vicinity.
5. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for development occurring on this site are
established in the Kalispell Zoning Ordinance and PUD to ensure adequate light and air is
provided.
6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
All public services and facilities are available to the property. Specific details for provision
of services will be addressed when the property develops.
17
7. Will the requested zone promote compatible urban growth?
The subject property is at the corner of Four Mile Drive and Stillwater Road in a general
area that has traditionally been agricultural, but has been transitioning to residential.
There is recently installed infrastructure in the area, such as water and sewer lines, that
would tend to continue the trend in the area towards residential development. It is
expected that additional development will occur in the vicinity to the north, west, and
south with different projects at various stages of planning which would offer similar
types of primarily residential use, and this project would fit within that overall trend.
8. Does the requested zone give consideration to the character of the district and its particular
suitabili . for particular uses?
The proposed RA-1 and B-I zoning districts are consistent with the development trends of
the area. It also gives due consideration of the suitability of this property for the allowed
uses in the zoning district, such as proximity of city services. Specific aspects of any future
development on the property will be reviewed at the time of development consistent with
regulations then in effect.
9. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the RA -I and B-I zones will
promote compatible and like uses on this property as are likely to develop on other
properties in the area. Future development in the area will be reviewed for compliance with
the dimensional standards and design review criteria to ensure its appropriateness for the
area and compatibility with the surrounding neighborhoods as they develop.
10. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
Urban scale development should be encouraged in areas where services and facilities are
available. In this case, sanitary sewer is nearby and water is located within the public
rights -of -way adjacent to the property. The proposed zoning is consistent with the
proposed growth policy future land use designation and is compatible with current zoning
in the immediate area.
18
III. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT
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A. Effects on Health and Safety:
Fire: The property would be considered to be at low risk of fire because any building
constructed within the subdivision would be built in accordance with the International
Fire Code and have access which meets city standards. The area to be built upon does not
have steep slopes or woody fuels. Hydrants will be required to be placed in compliance
with the requirements of the Uniform Fire Code and approved by the Fire Chief.
Flooding: The subject property is located entirely outside of the 100-year floodplain per
the Flood Insurance Rate Map (panel number 30029C1805J).
Access: The single-family section will have two street accesses off of Four Mile Drive,
with the eastern access being a collector road extended to the north to eventually connect
with adjoining property. A public road provides circulation within the single-family area.
The plan currently shows parking spaces at the clubhouse in that area backing into the
roadway. That design is not permitted under the zoning ordinance, which only allows
that configuration for single-family and duplex uses. The plan should be amended to
provide for a protected pull-out area, utilizing standard boulevard and approaches without
backing into the street, particularly due to its location near the intersection.
19
Access to the multi -family section will include an access off of the collector road as well
as a driveway access off of Stillwater Road. The B-1 shows its access off of the internal
collector road and any direct access onto either Stillwater Road or Four Mile Drive would
need to be addressed with the supplemental PUD, but would not appear likely at this
time.
Geology: The overall site is generally flat without significant topography or slopes. A
preliminary geotechnical investigation for the overall Starling Meadows PUD (now
expired) was submitted in 2007. The report was based on a similar type of development
pattern with both residential and commercial lots. While it is not anticipated that there
are any significant changes, a final geotechnical report should be submitted prior to
submitting any plans for review related to either the subdivision or building permits. The
report is necessary for Public Works to review engineering designs for proposed
infrastructure within the subdivision and for the Building Department to review
foundation details.
The 2007 report found that "site soils are suitable for development," although "significant
moisture conditioning of the near surface soils will be necessary to achieve adequate
compaction." The report included recommendations for site preparation based on the
moisture sensitive fine-grained soils present, as well as further study relating to
groundwater levels and how it may affect basements or crawl spaces.
The report concluded that the recommendations represented a preliminary review, and "in
order for these recommendations to be properly incorporated in the subsequent design
and construction stage, [they] recommend that a final geotechnical investigation be
completed for each project phase. This will likely consist of more subsurface
explorations and possibly settlement analysis in large fill areas."
BPA easement: Along the length of the north/west section of the property, there are BPA
powerlines and a powerline easement. The easement is not located on this property, but
it is adjacent to the property. Development is very limited under the powerlines with no
structures that can be built. The easement will likely include open space and paths as part
of the next project to the north and there are provisions in this plan to connect to that
area.
In the environmental assessment submitted by the applicant, they state that "safety
concerns have been discussed with BPA and the main concern is that development
underneath the lines be limited in nature and limit long term exposure to electromagnetic
fields ("EMF"). There are no concerns about EMFs outside the BPA easement depicted
on the plans."
B. Effects on Wildlife and Wildlife Habitat:
There are no water features which would provide aquatic or riparian habitat. There also
does not appear to be any significant wildlife impacts. The Resources and Analysis
Section of the Kalispell Growth Policy includes information from the Montana
20
Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. As with
the majority of the Kalispell area outside of the core downtown, the maps show a
whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat.
The area does not appear to include significant habitat for other species. The property
contains a minimal amount of existing trees, which primarily have been planted as part of
the existing farmhouse site.
C. Effects on the Natural Environment:
Surface and groundwater: The subdivision will be served by public water and sewer
thereby minimizing any potential impacts to groundwater. There are some questions
raised in the preliminary geotechnical report about potential water infiltration into
basements that should be addressed as part of the final report. In the environmental
review submitted by the applicant, it is stated that static groundwater is 125 feet or more
below the surface based on well depth.
Drainage: Curbs and gutters will be installed and a storm management plan will have to
be developed to address the runoff from the site. A preliminary plat includes common
area storm water lots where storm water ponds will be constructed. The drainage plan
will have to comply with the City of Kalispell standards and designed by a professional
engineer. Stormwater discharges to the south or west shall not exceed the lesser of either
the pre -development flow rate or 0.036 cfs/acre.
A condition of approval requires that a property owners' association be created for the
maintenance of the common area which would include the common area drainage
easements. As part of the storm easement areas the association will be required to mow
the area to reduce fire hazard and reduce spread of noxious weeds. Lastly, the developer
is required to submit for review to the Kalispell Public Works Department an
erosion/sediment control plan for review and approval. These plans provide for managing
storm water on the site and include stabilizing the construction site through an approved
revegetation plan after site grading is completed.
D. Effects on Local Services:
Water: Water to the subdivision will be provided by the City of Kalispell. The applicant
will extend water service to the property from the new mains in Four Mile Drive and
Stillwater Road. The water system for the subdivision will be reviewed and approved by
the Kalispell Public Works Department as part of the development of the subdivision.
There is adequate capacity within the city's water system to accommodate this
subdivision. Proportionate water rights shall be dedicated to the City of Kalispell per
Section 28.3.08 of the subdivision regulations.
Public Works included two specific comments related to the water service. First, water
services shall come off of internal water mains and not the transmission main. Second,
the water main in Savannah (the main north -south collector road) needs to be a 12-inch
main.
21
Sewer: Sanitary sewer to the subdivision will be provided by the City of Kalispell and
will connect to the new Westside Interceptor located to the west of the property. The
applicant will extend sewer service from the west to the property and will need to extend
the sewer to the east in Four Mile Drive and north in Stillwater Road for future
connections and extensions pursuant to the subdivision regulations (Sec 28.3.21) and
other city policies. The sewer system for the subdivision will be reviewed and approved
by the Kalispell Public Works Department as part of the development of the subdivision.
There is adequate capacity within the city's sewer system to accommodate this
subdivision. Sewer within Lot 85 for the multi -family development will need to be
private until the point of connection in Savannah Road.
Access and Roads: The single-family section will have two street accesses off of Four
Mile Drive, with the eastern access being a collector road (Savannah Road) extended to
the north to eventually connect with adjoining property. A public road provides
circulation within the single-family area.
Access to the multi -family section will include an access off of Savannah as well as a
driveway access off of Stillwater Road. The B-1 shows its access off of the internal
collector road and any direct access onto either Stillwater Road or Four Mile Drive would
need to be addressed with the supplemental PUD, but would not appear likely at this
time.
The development has frontage along Four Mile Drive for the full length of the southern
property line and along Stillwater Road on the east. There is an irrigation well site along
Stillwater Road and strip of property within the right-of-way to the north of the well that
is under separate ownership and not included within the application. Regardless of that
ownership, whenever the frontage on Stillwater Road or the northeastern corner of the
property is referenced anywhere in this report, it is intended to extend to the northern tip
of the development and not only to the well site.
Both frontages shall be improved pursuant to Section 28.3.14 of the subdivision
regulations. The frontage of Stillwater Road shall be improved to an urban standard for a
minor arterial. The approach on Stillwater Road shall include a center turn lane. The
frontage of Four Mile Drive shall be improved to a rural standard for a minor arterial.
Approaches on Four Mile Drive shall include center turn lanes and standard street
intersection requirements (ADA ramps, crosswalks, lighting, etc.). The intersection of
Stillwater Road and Four Mile Drive shall be improved to provide for left-hand turn lanes
on the south and west legs to match the existing left-hand turns on the north and east legs.
The intersection shall also include sidewalks. Additionally, on the west side of the
western approach onto Four Mile Drive, a pedestrian actuated rapid flashing beacon for a
crosswalk needs to be installed with no midblock crossing on Four Mile Drive. Any
required additional right-of-way necessary for the improvements shall be dedicated to the
City of Kalispell.
The typical ownership situation with county roads is that ownership of the private
property extends to the center of the right-of-way with a county road easement covering
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the right-of-way. In city development, the city typically owns the right-of-way. While
the county normally quitclaims its interest to the city, that only conveys the interest in the
easement. The fee interest in the rights -of -way for Four Mile Drive and Stillwater Road
should be dedicated to the City of Kalispell.
Savannah Road will be serving as a collector road and shall be designed to meet the
minimum design standards for a collector street. It is intended to eventually connect to
future development to the north. The current plans show a dead-end road. Until such
time as there is a connection, there needs to be an appropriate temporary turn -around area
and provisions for snow storage. There should not be individual driveway approaches
onto Savannah from the single-family area on the west, and only limited shared
approaches from the multi -family and neighborhood commercial area on the east side of
the road.
The interior local streets shown on the proposed plat as Lolo Lane and Kinners Lane
would serve as access to the single-family homes and would be constructed to standards
for a local street. Typically, lots less than 50 feet in width would be served by an alley
due, in part, to the impact driveways have on the street frontage relative to on -street
parking, snow storage, garbage collection, and aesthetics. The proposal includes
narrowing driveways to achieve a minimal amount of street frontage not impacted by
driveways. In order to help maintain that frontage, driveway widths shall not exceed ten
feet plus the appropriate flares provided in the construction and design standards.
The name of the interior street will need to be modified due to its function as a looped
road. As shown, Kinners Land and Lolo Lane are a continuous road on the east side.
The entire interior road system from the western intersection with Four Mile Drive to the
intersection with Savannah Road will need to be under a single name. Also, Public
Works included a comment that T-instersections shall include ADA ramps on all legs.
Phasing for the right-of-way improvements would include all improvements in Four Mile
Drive and Savannah Road, plus the internal local road, as part of Phase 1, and all of the
right-of-way improvements in Stillwater Road would be part of Phase 2. Improvements
related to the intersection of Four Mile Drive and Stillwater Road would be included with
Phase 1 improvements.
Schools: The property is within the boundaries of School District 91 (West Valley) and
Glacier High School. On average, it would be anticipated that there would be about 138
students from the neighborhood at full build -out. Section 76-3-608(1) of the Montana
Code Annotated states that the governing body may not deny approval of a proposed
subdivision based solely on the subdivision's impacts on educational services.
Police: Police services will be provided by the Kalispell Police Department. The
department can adequately provide service to this subdivision.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department. The department can adequately provide service to this development.
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Additionally, the road network to the subdivision provides adequate access for fire
protection. As part of subdivision review and site review for the multi -family and
neighborhood commercial areas, fire protection, including access, fire flow and hydrant
location, will be reviewed. Fire station 62 is located approximately 1.25 miles away
providing good response time.
Parks and Recreation: The plan includes common open space and park areas totaling
4.25 acres. There is a central park area in the single-family section with a clubhouse and
a clubhouse park and pocket part in the multi -family area. There are several linear parks
and other bike/pedestrian connections in addition to areas of common open space at
entrances to the development. As proposed, these common elements provide a
significant amenity for the residents.
The intent of the developer is to operate the development as a rental community and
would operate the development in that manner. However, with the creation of the single-
family lots, which could potentially be sold, it is important that provisions be made in the
covenants providing for maintenance of the common elements of the development.
Covenants have not been provided at this time, but will need to be submitted prior to final
plat.
It is imperative that these areas be well maintained for the visual aspect of the project
from adjacent properties and the adjacent roads, the safety of the pedestrian paths and the
on -going functionality of the storm water facilities. Therefore, staff recommends that a
note shall be placed on the final plat indicating a waiver of the right to protest creation of
a park maintenance district. This district shall only be activated in the event that the
property owners' association defaults on their park and open space amenity conditions.
The taxes levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient
capacity within the landfill to accommodate this additional solid waste generated from
this subdivision.
Medical Services: Ambulance service is available from the fire department and ALERT
helicopter service. Kalispell Regional Medical Center is approximately 1.5 miles from
the site.
E. Effects on Agriculture and agricultural water user facilities:
The site has been traditionally used for agricultural uses. According to the Kalispell
Growth Policy Resources and Analysis Section, "Important Farmlands" map, the project
includes some farmland classification of "prime farmland' when irrigated. It has been
used to grow alfalfa and has been associated with a dairy operation.
Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use:
Natural Environment, state the following:
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Policy Encourage urban growth only on agriculture lands entirely within the city's
annexation policy boundary.
The subject property is entirely within city limits. By allowing higher density
development within the city's growth policy area, it can reasonably be expected that more
farmland could be conserved because the availability of residential and commercial lots
within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development.
F. Relation to the Kalispell Growth Policy:
See Section I(A) above.
G. Compliance with Zoning:
The request is in compliance with the RA-1 and B-I zoning regulations, provided the lot
size and width deviation requests are granted.
H. Compliance with the Kalispell Subdivision Regulations:
This request complies with provisions of the Kalispell Subdivision Regulations, provided
the block length and alley deviations requests are granted.
RECONIMENDATIONS
L Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KPUD-20-01 as findings of fact and recommend to the Kalispell City
Council that the PUD for Stillwater Crossing be approved subject to the conditions listed
below:
II. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KPUD-20-01 as findings of fact and recommend to the Kalispell City
Council that the subject property zoned R-3 (Residential) be rezoned to RA-1
(Residential Apartment) and B-1 (Neighborhood Business).
III. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report #KPP-20-01 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat for Stillwater Crossing be approved subject to the conditions
listed below:
CONDITIONS OF APPROVAL
The Planned Unit Development for Stillwater Crossing allows the following deviations
from the Zoning Regulations:
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(a) Minimum lot area: Kalispell Zoning Ordinance Sec 27.09.040(1) — Minimum lot
size in the RA-1 zone is 6000 square feet plus 3000 square feet for each unit
beyond a duplex. This deviation reduces minimum lot area to 4180 square feet
for the single-family lots and to 1652 square feet per unit for the multi -family lot.
(b) Minimum lot width: Kalispell Zoning Ordinance Sec.27.09.040(2) — The
minimum lot width in the RA-1 zone is reduced from 50 feet to 44 feet.
2. The Planned Unit Development for Stillwater Bend allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Block length: Kalispell Subdivision Regulations Sec 28.3.12(A)(2) — Block
lengths must be at least 250 feet, but not more than 600 feet. This deviation
would allow blocks in excess of 600 feet provided that pedestrian connections are
included per the submitted plans plus an additional connection from the linear
park in the southwest corner of the development
(2) Alleys: Kalispell Subdivision Regulations Sec 28.3.15 — Alleys are typically
required for single family lots less than 50 feet in width. This deviation would
eliminate the requirement for alleys provided that the property is developed per
the submitted plans.
3. The B-1 (Neighborhood Business) zone on the property shall be designated as a PUD
Placeholder and a separate PUD application shall be submitted for review and approval
prior to any development within that zone.
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
5. 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.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration
of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
26
8. Architectural renderings are required to be submitted to the Kalispell Architectural
Review Committee for review and approval prior to issuance of a building permit for any
structure other than the single-family dwellings. Building design shall be provided as
listed below:
a. Four-sided architecture is required for all structures and buildings. Large,
rectangular masses should be avoided by incorporating offsets in the wall and
roof. A change in the plane of the walls, changing the direction or providing some
variety in the roof form gives diversity and visual interest.
b. All roof mounted equipment, i.e. HVAC, and any utility services should be
shielded from all views.
9. Signage shall be allowed as provided for RA-1 zones within the sign regulations
contained in the Kalispell Zoning Ordinance.
10. The storm water ponds shall be designed in a way that they become a visual interest to
the development. Chain link fencing surrounding the retention pond as the dominant
fixture shall not be allowed without mitigation. The developer shall work closely with the
Parks Department and Public Works to come up with a design that is both visually
appealing and meets the required safety guidelines. It is intended that when the project is
developed the ponds will act as features, particularly along the roadways, rather than a
private maintenance utility facility.
11. In order to ensure unique and varied street frontage with varied roof configurations and
facades with staggered locations on each parcel, the applicant shall prepare a plan calling
out an appropriate mix of multiple home designs and site layouts for the single-family
area, to be reviewed and approved by the Kalispell Planning Department. This plan shall
be submitted prior to any building permit approvals within the single-family phase of the
development.
12. A view -obscuring fence along Four Mile Drive, Stillwater Road, and Savannah Road
shall be installed by the developer. The fencing plan shall be submitted to the Planning
Department and the Architectural Review Committee for review and approval and shall
include a consistent, aesthetically pleasing design.
13. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
14. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. Prior to final plat,
a certification shall be submitted to the public works department stating that the drainage
plan for the subdivision has been installed as designed and approved.
15. The developer shall submit to the Kalispell Public Works Department prior to
27
construction an erosion/sediment control plan for review and approval and a copy of all
documents submitted to Montana Department of Environmental Quality for the General
Permit for Storm Water Discharge Associated with Construction Activities.
16. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
17. The developer shall submit the street design to the Kalispell Public Works Department
for review and approval prior to construction. Street designs shall meet the city standards
for design and construction.
18. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or a proper
bond has been accepted for unfinished work.
19. Prior to final plat all mitigation required as part of the approved traffic impact study shall
be completed. All improvements shall be reviewed and approved by the Public Works
Department. A letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or State of
Montana. If infrastructure work has not been accepted, a letter stating that a proper bond
has been accepted for the unfinished work by the appropriate agency is required.
20. All existing and proposed easements shall be indicated on the face of the final plat. A letter
from the Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
21. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering
to provide telephone, telegraph, electric power, gas, cable television, water or sewer service
to the public, the right to the joint use of an easement for the construction, maintenance,
repair, and removal of their lines and other facilities, in, over, under, and across each area
designated on this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
22. Prior to filing the final plat, a letter from the US Postal Service shall be included stating
the Service has reviewed and approved of the design and location of the mail delivery
site. The mail delivery site shall be installed or bonded for prior to final plat. In addition,
the mail delivery site and improvements shall also be included in the preliminary and
final engineering plans to be reviewed by the Public Works Department. The mail
delivery site shall not impact a sidewalk or proposed boulevard area.
28
23. While the development is planned as a rental community with a maintenance plan
administered by the lessor, the subdivision creating separate lots necessitates provisions
for a common area maintenance plan administered by a homeowners' association (HOA),
which shall be provided for prior to final plat. The HOA should include provisions for the
maintenance of all common areas in recorded covenants including, but not limited to,
storm drainage facilities, open space, park areas, and clubhouses. As part of the storm
drainage facilities, the association will be required to mow the area to reduce fire hazard
and reduce spread of noxious weeds.
24. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
25. A letter shall be obtained from the Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the landscape boulevards
of the streets serving the subdivision, common area, and adjoining rights -of -way,
including Four Mile Drive and Stillwater Road.
26. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase 1.
27. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a park maintenance district. This district shall only be activated in the event that the
property owners' association defaults on their park and open space amenity conditions.
The taxes levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
28. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
29. All utilities shall be installed underground.
30. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
31. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior
to final plat.
32. The existing irrigation well along Stillwater Road shall be protected by preserving
electrical service to the well and having a means to install pipe from the well to the extent
of this project and surrounding developments. Preferably, the well should be transferred
to the City or abandoned and replaced in -kind elsewhere in Section 35, with the specific
location being at the discretion of the City of Kalispell. However, it is currently under
separate ownership and is part of undeveloped property to the north. It should be
addressed either as part of the engineering design for this project or as part of any
approval for the property to the north.
29
33. The parking spaces at the clubhouse in the single-family phase shall be amended to
provide for a protected pull-out area, utilizing standard boulevard and approaches without
backing into the street.
34. A final geotechnical report shall be prepared and submitted to the Public Works
Department for review prior to engineering design for the subdivision. It shall also be
submitted to the Building Department prior to issuance of any building permits within the
development.
35. In designing the water system for the subdivision, water services shall come off of
internal water mains and not the transmission main. The water main in Savannah Road
shall be a 12-inch main.
36. Any publicly owned mains within Phase 2 shall be located within drive aisles and an
easement dedicated to the City.
37. The applicant will extend sewer service from the west to the property and will need to
extend the sewer to the east in Four Mile Drive and north in Stillwater Road to the
northeastern corner of the development.
38. Sewer within Lot 85 for the multi -family development will need to be private until the
point of connection in Savannah Road.
39. Phasing for the right-of-way improvements would include all improvements in Four Mile
Drive and Savannah Road, plus the internal local road, as part of Phase 1 and all of the
right-of-way improvements in Stillwater Road from the intersection with Four Mile Drive
to the northeastern corner of the development would be part of Phase 2. Improvements
related to the intersection of Four Mile Drive and Stillwater Road shall be included with
Phase 1 improvements.
40. Savannah Road shall be designed as a collector street and extend to the subdivision's
northern property boundary. A temporary turnaround shall be constructed along with
provisions for snow storage until such time as the street connects to the north. There shall
not be individual driveway approaches onto Savannah from the single-family area on the
west, and only limited shared approaches from the multi -family and neighborhood
commercial area on the east side of the road.
41. The full frontage of Stillwater Road shall be improved to an urban standard for a minor
arterial from the intersection with Four Mile Drive to the northeastern corner of the
development. The approach on Stillwater Road shall include a center turn lane.
42. The frontage of Four Mile Drive shall be improved to a rural standard for a minor
arterial. Approaches on Four Mile Drive shall include center turn lanes and standard
street intersection requirements (ADA ramps, crosswalks, lighting, etc.).
30
43. The intersection of Stillwater Road and Four Mile Drive shall be improved to provide for
left-hand turn lanes on the south and west legs to match the existing left-hand turns on the
north and east legs. The intersection shall also include sidewalks.
44. On the west side of the western approach onto Four Mile Drive, a pedestrian actuated
rapid flashing beacon for a crosswalk needs to be installed with no midblock crossing on
Four Mile Drive.
45. Any required additional right-of-way necessary for the improvements shall be dedicated
to the City of Kalispell. Additionally, the fee interest in the rights -of -way for Four Mile
Drive and Stillwater Road shall be dedicated to the City of Kalispell.
46. The interior local streets shown on the proposed plat as Lolo Lane and Kinners Lane
would serve as access to the single-family homes and would be constructed to standards
for a local street.
47. Driveway widths shall not exceed ten feet plus the appropriate flares provided in the City
of Kalispell Standards for Design and Construction.
48. The name of the interior street shall be modified so that the entire interior road system
from the western intersection with Four Mile Drive to the intersection with Savannah
Road will be under a single name.
49. T-instersections shall include ADA ramps on all legs.
31
PLANNING FOR THE FUTURE
.1Vf0111'lANA
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 430 Stillwater Road PUD
1.
2.
3.
NAME OF APPLICANT: 430 Stillwater Road LLC (Attn. Jason Evans)
MAIL ADDRESS: 717 W. Sprague Ave STE 802
CITY/STATE/ZIP: Spokane WA, 99201
PHONE: 509-475-8336
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4. NAME:
5. MAIL ADDRESS:
rl
7.
CITY/STATE/ZIP:
TECHNICAL ASSISTANCE:
8. MAIL ADDRESS:
9. CITY/STATE/ZIP:
PHONE:
PHONE:
If there are others who should be notified during the review process, please list those.
Mike Brodie, WGM Group, 756-4848, 431 1st Avenue West, Kalispell MT, 59901
Check One:
_x_ Initial PUD proposal
Amendment to an existing PUD
A.
B.
C.
D.
Property Address: 430 Stillwater Road Kalispell MT, 59901
Total Area of Property: 28.2 Acres
Legal description including section, township & range: Tract 1,
SE 1/4 Section 35, T29N, R22W, P.M.M Flathead County Montana
The present zoning of the above property is: R-3 with 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.
f. 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)
3
Aes 1, ZpLO
(Date)
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 planning(Lkalisp ell. 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.
S
WWGMGROUP
Community Values. Inspired Futures.
0 430 STILL WA TER ROAD PUD
The following is a narrative for the 430 Stillwater Road Planned Unit Development
application. Also included is the site plan, utility layout, and development applications for
the PUD and preliminary plat.
NARRATIVE
a. An overall description of the goals and objectives for the development of the
project.
The proposed project at 430 Stillwater Road is a residential and commercial mixed -
use and mixed -density development. Goals include the addition of a variety of
housing types for area residents, providing open space amenities, and creating a
center of commerce. Objectives include:
1. Planning for a variety of housing sizes and affordability, including single-
family residential and multi -family residential units.
2. The addition of site amenities such as a central park feature, club house,
trails/sidewalks, and a linear park and path.
3. A retail center is included on the corner of Stillwater Road and 4 Mile Drive to
serve the residents of the development and the greater area.
This development is intended to create additional housing and commerce in the
Kalispell community in a location suitable for such land use. The traditional
neighborhood design includes sidewalks with tree -lined streets, a linked network of
open space parks with a playground and picnic area, and a clubhouse for residents
to gather.
b. In cases where the development will be executed in increments, a schedule
showing the time within phase will be completed.
It is expected that the project will be phased with the single family residential
portion of the project to be the first phase. This first phase would likely begin
construction in summer/fall of 2020 and be completed in the fall of 2021.
431 1s` Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
430 Stillwater Road PUD Narrative
February 6, 2020
Page 2 of 9
The next phase would be the multi -family development followed by the commercial
area located in the southeast corner. The schedule of these items has yet to be
determined and will heavily depend on the first phase.
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 original Starling PUD, of which this is a 30-acre portion, was originally approved
in 2009 with Kalispell City Ordinance 1618. On this site the original zoning was
slated for R-3 (Urban Single Family Residential) with a PUD overlay. This PUD has
since expired. The R-3/PUD zoning originally allowed ten deviations from the
Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance, including
allowances for lots to be smaller and setbacks to be non-standard, among others.
The 430 Stillwater Road PUD application applies the following variances from the
Subdivision Regulations and Zoning Ordinance:
a. Minimum lot area = 3,800 s.f.
b. Minimum lot width = 40'
c. Rear setbacks along the park = 5'
d. Block lengths shall be not less than 250 feet or more than 600 feet.
e. Parkland dedication: four sections of a larger park system are planned for the
development connected by sidewalks/paths to create an overall linear park
linkage throughout the development.
1. On the western portion of the single-family development, there is a 0.38
acre park area provided between the ponds.
2. A 1.76 acre central park is planned for the center of the single family
portion of the development with paths connecting the residences
surrounding as well as providing access to the multi -use path on four mile
and connectivity to the multifamily development.
3. A 0.54 acre park is planned adjacent to the clubhouse, also connected to
the linear pedestrian access.
4. The final 0.77 acre "pocket park" is located at the center of the multi
family development again.
Specific amenities to be provided in this linear park system have not yet
been determined.
The increased density over what is allowed within the R-3 zoning district will
provide more housing options and opportunities for area residents, in accordance
with Growth Policy housing goals. The intent of a PUD is to "provide flexibility of
430 Stillwater Road PUD Narrative
February 6, 2020
Page 3 of 9
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." A Housing and Land Use policy within the Growth Policy
specifies that medium -density housing developments should be considered with
"Single-family homes on lots down to 2,500 square feet". Additionally, the policy
includes encouragement that "High -density residential neighborhoods should be
developed at densities up to 20 units per acre, with some as high as 40 units per
acre. "
The 430 Stillwater Road development site plan shows higher density, reduced rear
setbacks at the park, and non-standard block lengths. Allowing this type of design
will allow increased density and affordability, and is offset by a generous amount of
open space and recreational amenities in a walkable district.
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;
The site plan shows a series of open space/park areas that are linked together by a
trail. The larger park in the center of the single family residential area will include a
playground, picnic tables, landscaping, and amenities. The pocket park located at
the center of the multi -family residential area will also include a playground and
user amenities. The clubhouse will serve neighborhood residents, and the paths and
sidewalks will link the open space network and provide a mile plus loop for
recreation and equal access to the parks. The open space will be maintained by the
Home Owners Association of the development.
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.
The project will utilize sanitary sewer and water infrastructure available from the
City of Kalispell's water transmission main to be installed in Four Mile Drive and
from the extension of the Westside Sewer Interceptor. Utilities will be extended via
the main collector road through the development for future development
connections on the old Starling PUD property (expired). Storm water management
will be achieved on -site or by release of pre -development runoff within the
property including portions of the open space network. Traffic for initial phases of
the PUD will be handled by interior roads with extensions to both Farm -to -Market
Road and Three Mile Drive.
430 Stillwater Road PUD Narrative
February 6, 2020
Page 4 of 9
The development includes sidewalks along all street frontages for pedestrian
access, internal trails and parks for recreation, and other site amenities such as a
playground, clubhouse, and picnic facilities.
The development will be served by the West Valley School District and is located
1.5 miles west of Kalispell Fire Station No. 62.
f. The relationship, beneficial or adverse, of the planned development project
upon the neighborhood in which it is proposed to be established.
The adjacent neighborhoods are largely undeveloped farmland at present. The
planned development is in alignment with the previously approved (and since
expired) Starling PUD. The nearest developments to the south are the Quarter
Horse Estates (a large lot development) and the Empire Estates (a high density
town home and single family development). This area is included within the Kalispell
Growth Policy and will provide an excellent location for affordable housing given its
vicinity to:
• the US-93 Bypass (0.1 Miles)
• the City of Kalispell/MDT multi -use trail system (0.1 Miles)
• Kidsports Sports Complex (0.6 Miles)
• Glacier Highschool (1.2 Miles)
• Flathead Valley Community College (1.1 Miles)
• Spring Prairie Shopping Center (1.5 Miles)
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 plan provides consideration to the character of the neighborhood by aligning
with the intent of the Growth Policy and Future Land Use Map, providing a mix of
residential uses and densities and a commercial component at primary street
intersections. While the adjacent areas are currently predominantly vacant or
agricultural in nature, planned residential and commercial growth has been
proposed in this area through previous planning efforts. The site is located in an
area with good transportation connectivity and access to services.
h. Where there are more intensive uses or incompatible uses planned within the
project or on the project boundaries, how will the impacts of those uses be
mitigated.
The site is currently surrounded by vacant or agricultural land uses. However, the
Future Land Use Map designates the following land use adjacencies:
430 Stillwater Road PUD Narrative
February 6, 2020
Page 5 of 9
• North: Urban Residential
• South: Suburban Residential, High Density Residential, and Neighborhood
Commercial
• East: High Density Residential
The proposed land uses of the subject property of single- and multi -family
residential and commercial are directly compatible with the Future Land Use map.
The multi -family residential area includes garages/carports along the north
perimeter to mitigate any potential future development, and fencing and landscape
are included along property boundaries to provide buffering along major roads.
How the development plan will further the goals, policies and objectives of the
Kalispell Growth Policy.
The development plan will meet the Land Use/Housing goal of the 2017 Kalispell
Growth Policy which is to `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. "
Additionally, the following policies are met through the development:
"Land Use/Housing Policies:
1. On larger tracts of land, creative design and a mix of housing types is
encouraged within the overall density requirements to create more dynamic
neighborhoods, to provide more open space, and to protect sensitive
resource areas.
2. Medium -density residential (urban) neighborhoods should be developed at
densities between four and twelve dwelling units per acre on an overall site
basis. An integrated development plan within an urban neighborhood could
include:
a. Single-family homes on lots down to 2,500 square feet,
b. Zero lot line and patio homes, when accompanied by ample open
spaces and common areas,
c. Duplexes and triplexes,
d. Townhomes and
e. Limited mixed uses.
3. High -density residential neighborhoods should be developed at densities up
to 20 units per acre, with some as high as 40 units per acre. An integrated
development plan within a high -density neighborhood could include:
a. Zero lot line and patio homes, with open spaces and common areas,
430 Stillwater Road PUD Narrative
February 6, 2020
Page 6 of 9
b. Triplexes and Four-plexes,
c. Multi -family, and
d. Mixed uses.
4. A variety of housing types and compatible land uses are encouraged in
residential areas and should be designed to fit scale and character of the
neighborhood. Where necessary, developers should utilize the Planned Unit
Development (PUD) process to craft development proposals that are both
innovative and creative, while maintaining the integrity and values of the
community."
Additionally, the policy that notes, "city regulations should maintain incentives to
provide for varied affordable housing types" is also met through this development,
as the allowance of a PUD with reduced setbacks and lot sizes creates an incentive
for varied affordable housing types.
With the inclusion of a commercial component in the development, the following
Business and Industry policies are met:
"Urban Mixed -Use Areas:
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."
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Future Land Use Map showing Neighborhood Commercial at the Stillwater Road and 4 Mile Road
intersection, surrounded by High Density Residential and Urban Residential.
430 Stillwater Road PUD Narrative
February 6, 2020
Page 7 of 9
j. Include site plans, drawings and schematics with supporting narratives where
needed that includes the following information:
1. Total acreage and present zoning classifications;
28.2 Acres currently zoned R-3
2. Zoning classification of all adjoining properties;
North: R-3/PUD
West: R-3/PUD
East: R-4/PU D
South: SAG-5 (County)
3. Density in dwelling units per gross acre;
10.10 Dwelling units per acre (285 units per 28.2 acres)
4. Location, size, height, and number of stories for buildings and uses
proposed for buildings;
The buildings as shown on the site plan include single-family residential
homes, one to two stories tall, with a maximum height of 24'. The multi-
family apartments shown are proposed to be three stories tall, with a
maximum height of 35'. The commercial component of the project is still in
development and would not exceed the 35' height limit as allowed under the
current R-3 zoning district.
5. Layout and dimensions of streets, parking areas, pedestrian walkways
and surfacing;
The proposed PUD layout is attached and included with this application. This
layout utilizes the City of Kalispell Standard for local streets with 5-foot
sidewalk on either side throughout the single-family portion of the
development, and along the frontages of Stillwater Road and Four Mile Drive.
A City of Kalispell Rural Collector section is proposed with an 8-foot-wide
multi -use path on the north side. Only one side of the path is going to be
installed with this portion of the development; but the section will require
future development to the south to install this path.
6. Vehicle, emergency and pedestrian access, traffic circulation and control;
430 Stillwater Road PUD Narrative
February 6, 2020
Page 8 of 9
Proposed circulation, access, and control is shown on the site plan.
7. Location, size, height, color and materials of signs;
Subdivision identification sign locations are shown on the plans. Colors and
materials are yet to be defined. The site signage will meet the City's
requirements as follows:
"One sign not to exceed 24 square feet in area or two signs not to
exceed 12 square feet each per exclusive entrance to a subdivision or
tract. Such signs shall be restricted to the subdivision or development
name and shall not exceed six feet in height."
8. Location and height of fencing and/or screening;
Conceptual layouts for fencing is shown on the site plans. Intent is to buffer
between residential units and roads. Fences will meet the following heights
as allowed in the current R-3 zoning district:
Front: 4'
Side: 6.5'
Rear: 6.5'
Side Corner: 6.5'
9. Location and type of landscaping;
Conceptual landscaping is shown on the site plan. Street trees are included in
boulevards along with landscaping in and along the open space network.
10. Location and type of open space and common areas;
The site plan shows parks and trails along an open space network, as well as
a clubhouse for residents. The open space network is intended to provide
access to all the parks within the development while allowing residents to
access the adjacent multi use path to be installed along Stillwater Road and
Four Mile Drive. which connect to the greater Kalispell Trail system network.
11. Proposed maintenance of common areas and open space;
The Home Owners Association will maintain and manage the common areas
and open space.
12. Property boundary locations and setback lines;
430 Stillwater Road PUD Narrative
February 6, 2020
Page 9 of 9
Property boundaries are shown on the site plan.
13. Special design standards, materials and / or colors;
Example renderings of proposed single-family homes have been included
with this application. The intent is to provide a variety of cost-efficient units
while creating a somewhat unique and varied street frontage.
14. Proposed schedule of completions and phasing of the development, if
applicable;
It is expected that the project will be phased with the single family residential
portion of the project to be the first phase. This first phase would likely begin
construction in summer/fall of 2020 and be completed in the fall of 2021.
The next phase would be the multi -family development followed by the
commercial area located in the southeast corner. The schedule of these items
has yet to be determined and will heavily depend on the first phase.
15. Covenants, conditions and restrictions;
CC&Rs are in development and will be provided by the owner.
16. Any other information that may be deemed relevant and appropriate to
allow for adequate review.
This is a PUD application for a portion of the previously approved and
subsequently expired Starling PUD.
Conceptual renderings showing architectural character of single-family residential area.
Presented by WGM Group, Inc. on behalf of KTGY Architecture + Planning.
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4 LOT LAYOUT
430 STILLWATER ROAD
KALISPELL, MONTANA
PROJECT:
FILE No:
19—N-09
UTILITIES —Update b— 5.1
30 0 30
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W G M GROUP
LAYOUT:
SURVEYED YED:
DESIGN:
DRAFT:
4 LOT LAYOUT
Initials
MJB
BWS
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WWW.WGMGROUP.COM
APPROVE:
DATE
SHEET
MJB
5/27/202D
1 OF 1 SHEETS
PLANNING FOR THE FUTURE
MOAY"A
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/ planning
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED $1 1,675
Major Subdivision (6 or more lots) $1,000 + $125/lot
Major Subdivision Resubmittal $1,000
For each original lot unchanged add $10/lot
For each lot redesigned/added add $125/lot
Mobile Home Parks 8s Campgrounds (6 or more spaces) $1,000 + $250/space
(5 or fewer spaces) $400 + $125/space
Amended Preliminary Plat
Amendment to Conditions Only
$400 base fee
Re -configured Proposed Lots
Base fee + $40/lot
Add Additional Lots or Sublots
Base fee + $125/lot
Subdivision Variance
$100 (per variance)
Commercial and Industrial Subdivision
$1,000 + $125/lot
SUBDIVISION NAME: 430 Stillwater Road, Kalispell Mt, 59901
OWNER(S) OF RECORD:
Name 430 Stillwater Road LLC Phone 509-475-8336
Mailing Address 717 W. Sprague Avenue STE 800
city Spokane State Washington Zip99201
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name Address Mike Brodie, WGM Group, 431 1 st Avenue West
Name 8v Address
Name 8v Address
LEGAL DESCRIPTION OF PROPERTY:
Property Address 430 Stillwater Road
Assessor's Tract No(s) 0015842 Lot No(s) Tract 1
1/4 Sec SE Section 35 Township 29 Range 22
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 285 Total Acreage in Subdivision 28.2
1
Total Acreage in Lots 19.79 Minimum Size of Lots or Spaces 4180 SF
Total Acreage in Streets or Roads 4.96 Maximum Size of Lots or Spaces 8552 SF
Total Acreage in Parks, Open Spaces and/or Common Areas 4.32
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family 83 Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial 1 Industrial Planned Unit Development X
Condominium Multi -Family 192 Other
APPLICABLE ZONING DESIGNATION & DISTRICT R-3 with PUD Overlay
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS Unknown.
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel Paved X
Curb X Gutter X
Sidewalks X
Alleys X Other.
Water System: Individual
Multiple User
Neighborhood X
Public Other
Sewer System: Individual
Multiple User
Neighborhood X
Public Other
Other Utilities: Cable TV X
Telephone X
Electric X
Gas Other _
Solid Waste: Home Pick Up
Central Storage X
Contract Hauler Owner Haul
Mail Delivery: Central X Individual School District:
Fire Protection: Hydrants X Tanker Recharge Fire District:
Drainage System: See Preliminary Civil Engineering Plans
PROPOSED EROSION/SEDIMENTATION CONTROL: Erosion control will be addressed using a system
of silt fences, straw wattles, and temporary sedimentation ponds, with the use of inlet protection once streets are in place. A plan will be submitted during design.
VARIANCES: ARE ANY VARIANCES REQUESTED? Yes (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING HARDSHIP: 27.04.040, 28.3.12, 28.3.22
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS Strict compliance with regulations does not allow flexibility for densities and a mix of uses. Through the application
of a PUD, non-standard lot sizes, block lengths, and setbacks will allow the development to meet the Land Use/Housing policies of the Growth Policy
through creative design. This will allow the development of higher density affordable housing with a large amount of open space and recreational amenities.
PROPOSED ALTERNATIVES) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS: The alternatives to the lot sizes and setbacks include allowance of higher density, smaller lots, and a reduced rear setback along
the central park. The longer block length will be mitigated by providing a pedestrian path at mid -block. Additionally, there is a large amount of an open space network
planned that includes playgrounds, picnic areas, clubhouses, trails, and other outdoor amenities.
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
1. Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
No, the granting of the variances will not negatively impact public health, safety, or general welfare. The development
will positively impact the community by providing a variety of affordable housing types
and options. Smaller lots, a longer block mitigated by a mid -block crossing,
and ample park space will not be injurious to the public or adjoining properties.
2. Will the variance cause a substantial increase in public costs?
No, the variances will not affect public costs.
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Master Plan or Growth Policy?
No, the variances will not affect zoning, the Growth Policy, or any master plans.
The development is in alignment with several goals and policies of the Growth Policy.
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
No
5. What other conditions are unique to this property that create the need for a
variance?
This preliminary plat is submitted in conjunction with a PUD application. It is the intent to utilize the PUD process
to allow a creative development that doesn't necessarily conform to the regulations
and results in a higher density residential development with ample open space
and recreational opportunities.
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning Department at least thirty five (35) days prior to the date of the
Planning Board meeting at which it will be heard.
1. Completed preliminary plat application.
2. 4 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed 11" x 17" in
size.
5. Electronic copy of the application materials, including the preliminary
plat, either copied onto a disk or emailed to plannin .akalispell.com
(Please note the maximum file size to email is 20mg)
6. A bona fide legal description of the subject property and a map showing
the location and boundaries of the property.
7. Application fee based on the schedule on page 1 of this application and
made payable to the City of Kalispell.
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be
present on the property for routine monitoring and inspection during the approval and
development process.
O(Applicant) (Date)
4
CMG INGINEEKING, INC.
RO.BOX 5159 N#
1075 TKUMBLE CREEK RD.. UNIT E
KALISPELL, NIT 59903-5159
OFFICE: 406-257-8156
FAX: 406-257-8179
HTTPi/V )X%% .CMGENGINEERING.COb1 ►R�
March 27, 2007
Morrison-Maierle, Inc.
PO Box 8057
Kalispell, MT 59904
Attention: Greg Lukasik, PE
Subject: Preliminary Geotechnical Investigation
Starling Meadows
Kalispell, Montana
CMG Job No. 07-159
At your request, CMG Engineering, Inc. (CMG) has conducted a preliminary geotechnical
investigation for the proposed Starling Meadows Development in Kalispell, Montana. The Vicinity
Map, 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 of the 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 of care that is presently standard to the geotechnical engineering
profession.
PROJECT DESCRIPTION
The project site consists of Section 35 of Township 29N and Range 22W, bounded by
Reserve Drive to the North, Springcreek Road to the west, Four Mile Drive to the south, and
Stillwater Road to the east. The site currently consists of agricultural fields and two farm houses
with ancillary structures. We understand site grading could consist of significant cut and fill heights
greater than 20 feet. We also understand it is desirable to use on -site soils as fill material. We
anticipate the property will be developed with infrastructure including underground utilities,
asphaltic concrete paved roads, and we assume a mixture of residential and commercial structures.
Utility construction could extend to depths of about 10 to 15 feet below the ground surface and
Starling Meadows - Kalispell, Montana CMG Engineering, Inc.
proposed buildings will likely be one-, two- or three-story structures with concrete slab -on -grade
floors, crawl spaces, or possibly basements.
SITE DESCRIPTION
General
The project site is a square mile section (640 acres) and borders Reserve Drive, Stillwater
Road, Springcreek Road, and Four Mile Drive. The currently under construction Glacier High
School and Flathead Forest Service Buildings are located to the east of this site. The site consists
of gently sloping terrain near the southwest and northeast site corners and relatively flat areas
throughout the remainder of the site. The site has been historically used for agricultural purposes.
Fill material was not observed on the site. We also understand prior development, with the
exception of two farm houses and ancillary structures, has not occurred on the site.
Topography
Review of the available topographic maps provided by you, 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 and 3,090 ft.
Geology
The project site lies in the Rocky Mountain Trench bounded by the Salish 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 the area consists of silts and sands deposited by glacial lakes overlying glacial till soils 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 February 23, 2007, with
twenty test pits, designated TP-1 through TP-20. The test pits were advanced to depths ranging from
about 5.0 to 12.0 ft. The approximate locations of the test pits are shown on Figures 2, 3, 4, and 5.
A detailed discussion of the field exploration and laboratory testing programs completed for this
investigation are provided in Appendix A. Logs of the test pits are provided in Appendix A on
Figures IA through 20A.
Soils
The site has been historically used for agricultural purposes and a 6 to 18 inch thick
topsoil/cultivated zone was encountered at the ground surface. The test pits indicate the soils
beneath the topsoil and cultivated zone are lakebed deposits consisting of interbedded layers of silt,
sand and silty clay, underlain by dense to very dense silty gravel with varying percentages of sand.
For the purpose of discussion, the materials and soils disclosed by the borings have been grouped
into the following categories:
Page 2
Starling Meadows - Kalispell, Montana CMG Engineering, Inc.
1. TOPSOIL
2. SILT and SAND
3. Silty CLAY
4. Silty GRAVEL
1. TOPSOIL. All test pits excavated for this project encountered topsoil at the ground surface. The
topsoil generally consists of dark brown silt with abundant organics and roots. Visual observations
indicate the topsoil is medium stiff. The topsoil thickness ranges from 6 to 18 inches thick with an
average thickness of about 12 to 15 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 test pits except TP-12. The silt and sand soils
generally contain intermittent layers of sandy silt and silty sand, and extend to depths ranging from
2.3 ft to 12.0 ft deep. The sand is generally fine grained. The relative consistency of the silt soils
range from medium stiff to very stiff and the sand soils are generally medium dense, based on visual
observation. Moisture contents of representative samples range from 5 to 29 percent with the
moisture contents typically increasing with depth. The silt and sand soils are generally underlain by
silty clay or silty gravel soils.
3. Silty CLAY. Light gray, brown, and pinkish brown silty clay was encountered beneath the silt
and sand layers in more than half the test pits. 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. The relative consistency
of this soil unit tends to decrease with depth as the moisture content increases. Visual observations
indicate the consistency ranges from medium stiff to very stiff. Moisture contents of representative
samples range from 22 to 33 percent.
4. Silty GRAVEL. Silty gravel and sandy gravel with varying percentages of silt was encountered
beneath the topsoil and silt layers in Test Pits TP-2, TP-3, TP-12, TP-17, and TP-18. The silty gravel
soils were primarily encountered in the vicinity of the hills along the north property boundary and
near the southwest property corner. Scattered cobbles and boulders were encountered within this
soil unit. In addition, rock fragments larger than 3 ft maximum size are common in this soil unit and
may be encountered in large cut areas or during utility construction. Visual observations during
excavation processes indicate the relative density of the gravel soils is dense to very dense.
Groundwater
Groundwater was not encountered during this investigation; however, it should be noted that
ponding water, likely due to snow melt over frozen soils was observed in the low lying areas near
the west center of the site. We anticipate the groundwater level rises and falls in response to rainfall
and snowmelt. 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.
Page 3
Starling Meadows - Kalispell, Montana CMG Engineering, Inc.
CONCLUSIONS AND RECOMMENDATIONS
General
Based on discussions with you at the time of this investigation, we understand the proposed
development will consist of numerous phases with residential and commercial building lots, sanitary
sewer lines, water lines, stormwater disposal areas, and asphaltic concrete paved roadways. Typical
lot development will consist of one- to two-story structures with three-story structures, possible. We
anticipate cuts and fills up to possibly 20 ft or more 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 in the silt and sand soils, significant moisture conditioning of the near
surface soils will be necessary to achieve adequate compaction.
Site Preparation
The near surface soils encountered during our subsurface investigation consist primarily of
cultivated silts and topsoil. The cultivated silt and topsoil will need to be removed in all 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 mass grading.
The soils near the ground surface consist of moisture sensitive fine grained soils with little
cohesion. As a result, these soils can be easily disturbed and strength diminished during
construction, particularly in relatively high moisture content areas and where surface water is
allowed 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 the
subsurface explorations, it appears the groundwater level is likely greater than 10 ft below the ground
surface. CMG recommends deeper borings be planned for additional phases to identify and monitor
the location of the groundwater level in relationship to the planned development.
Soils encountered at the site are moisture -sensitive and are easily disturbed by construction
activities and traffic. Heavy construction traffic should not travel directly over fine-grained subgrade
soils in areas where the soil is near or wet of the optimum moisture content as determined by ASTM
D698. In areas where heavy construction traffic is anticipated, haul roads with a minimum gravel
thickness of 2 feet should be constructed over the planned subgrade. The gravel should consist of
a well -graded pit run gravel with a maximum size of 3 inches with no more than 10 percent passing
the No. 200 sieve. Geotextile 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
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 soils, 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 soils, moisture
condition the soils to within 3 percent of the optimum moisture content, and compact the soils to a
Page 4
Starling Meadows - Kalispell, Montana CMG Engineering, Inc.
minimum of 95 percent of the maximum dry density as determined by ASTM D698 prior to
construction of fills, roadways, buildings, and other settlement sensitive elements. Assuming
subgrade soils are prepared in this manner, we anticipate the City of Kalispell typical pavement
sections for the appropriate roadway types will be suitable for this development.
Foundation Design
The site is relatively flat 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 in the flat areas, we
recommend further study be conducted in these areas to become comfortable with groundwater
levels and how it may affect basements or crawl spaces. 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 stiff silt, sand, silty clay or silty gravel soils. Precautions to minimize
disturbance of the bearing surface and reduce associated differential settlements will be provided in
the final geotechnical investigation report for each phase of work.
The foregoing recommendations present our preliminary geotechnical input to assist in the
design and feasibility studies for this project. In order for these recommendations to be properly
incorporated in the subsequent design and construction stages we recommend that a final
geotechnical investigation be completed for each project phase. This will likely consist of more
subsurface explorations and possibly settlement analysis in large fill areas. We recommend our
geotechnical engineering staff remain involved with the project to ascertain that our
recommendations have been properly interpreted both during design and construction. These
services will reduce the potential for misinterpretation of subsurface conditions and geotechnical
design recommendations that are important in the preparation ofproject plans, specifications and bid
documents.
Page 5
Starling Meadows - Kalispell, Montana CMG Engineering, Inc.
LIMITATIONS
CMG Engineering, Inc. has strived to prepare this report in accordance 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 based 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 test
pits may not become evident until the final geotechnical investigation is completed or during
construction. If variations are then exposed, it will be necessary to reevaluate the recommendations
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 changes are reviewed by our geotechnical
engineer, and a written response is provided.
Sincerely,
John W. Ayers, P.E. Joshua C. Smith, P.E.
Senior Materials Engineer Senior Geotechnical Engineer
Page 6
920
p.
Reserve Drive.,
Approximate v
Site Locationra
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Project: Starling Meadows
Kalispell, Montana
L C
Image courtesy of the U.S. Geological Survey
Job Number: 07-159
Date: March 27, 2007
Vicinity Map r ,.
CMG Engineering, Inc.
Kalispell, MT
FIGURE 1
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Project: Starling Meadows Job Number: 07-159
Kalispell, Montana Date: Match 27, 2007
r Site Plan - NW Quarter „
. CMG Engineering, Inc.
Kalispell, MT
FIGURE 2
Project: Starling Meadows Job Number: 07-159
Kalispell, Montana Date: March 27,2007
Site Plan - NE Quarter
CMG Engineering, Inc.
Kalispell, MT
FIGURE 3
Project: Starling Meadows Job Number: 07-159
Kalispell, Montana Date: March 27, 2007
Site Plan - SW Quarter K Q
CMG Engineering, Inc.
Kalispell, MT
FIGURE 4
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Field Explorations and Laboratory Testing
Starling Meadows - Kalispell, Montana CMG Engineering, Inc.
FIELD EXPLORATIONS AND LABORATORY TESTING
FIELD EXPLORATIONS
General
The subsurface materials and conditions at the site were investigated by CMG on February
23, 2007, with twenty test pits, designated TP-1 through TP-20. The locations of the test pits are
shown on the Site Plans, Figures 2, 3, 4, and 5. 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.
Test Pits
Test Pits TP-1 through TP-20 were completed to depths ranging from 5.0 to 12.0 ft. The test
pits were excavated using a rubber -tired CASE 590 Super L extend -a -hoe, provided and operated
by Ragan Excavating of Kalispell, Montana. Grab samples were obtained from the sidewalls of the
excavations and from the backhoe bucket at about 3- to 4-ft intervals of depth. Soil samples
obtained in the field were saved in airtight plastic bags for further examination and physical property
testing in the laboratory. In addition, bulk samples of representative materials were obtained from
some of the test pits for testing in our laboratory. Logs of the test pits are provided on Figures 1 A
through 20A. 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.
LABORATORY TESTING
General
All samples obtained from the test pits 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 and moisture -
density relationships.
Natural Moisture Content
Natural moisture content determinations were made in conformance with ASTM D2216. The
results are shown on the test pit logs, Figures I through 20A.
Moisture -Density Relationship
Moisture -density relationships were determined in accordance with ASTM D698. The
laboratory test supplies compaction energy to the soil in a steel mold by the impact of a 5.5 pound
hammer dropped a distance of 12 inches. From this test, the maximum dry density and optimum
moisture content can be determined for a specified energy imparted to the soil for purposes of
comparing in -place field densities and moisture contents. The results for these tests are presented
on Figures 21A through 23A
Page A-1
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BORING LOG PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
TR^� METHOD: CASE 590 Super L Extend -A -Hoe GW: s-
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0.0 J J J J J SILT; medium stiff, moist, abundant organics, dark
0.8 brown, cultivated zone to 12 inches TOPSOIL
SILT; stiff to very stiff, damp, brown to light brown
S-1 interbedded with layers of sandy silt
stiff to medium stiff, very moist below 4 ft.
10.01 1 Bottom of Test Pit TP-1 @ 9.5 ft.
Groundwater not encountered.
Figure 1A PAGE 1 of 1 CMG Ennineerina. Inc
BORING LOG
TP-2
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PROJECT: Starling Meadows
CLIENT: Morrison-Maierle Inc.
LOCATION: See Site Plan
DRILLER: Ragan Excavating
METHOD: CASE 150 Suner L Extend -A -Hoe
MATERIAL DESCRIPTION
0.0 d J J J J SILT; medium stiff, moist, abundant organics, dark
1.0 brown, cultivated zone to 12 inches TOPSOIL
S-1 2.3 SILT with Sand; stiff, moist light brown to Vay
Glacial Till: Silty GRAVEL with Sand; dense to very
dense, moist, subangular to subround well graded gravel,
5. scattered cobbles and boulders, gray and brown
cobbles and boulders become more numerous with depth
Bottom of Test Pit TP-2 @ 5.0 ft.
Groundwater not encountered.
PROJECT NO.: 07-159
DATE: 2-23-07
ELEVATION:
LOGGED BY: Jeff Schmidt
GW: s
GW(2):
TEST RESULTS
Plastic Limit i Liquid Limit
Water Content r (percent)
N-values ♦ (Blows per foot)
Fini m- 9A PAGF 1 of 1
CMG Ennineerina- Inc
BORING LOG
TP-3
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW: s
GW(2).
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Glacial Till: Silty GRAVEL with Sand; dense to very
7.0
dense, moist, subangular to subround well graded gravel,
scattered cobbles and boulders gray and brown
Bottom of Test Pit TP-3 @ 7.0 ft.
10
00 15
07 �
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0 - 30
- 35
Groundwater not encountered.
CNn�a4r-�a
Plastic Limit i I Liquid Limit
Water Content • (percent)
N-values ♦ (Blows per foot)
10 20 30 40 54 60 70 80 gn
Fio u re
PAGE 1 of 1
CMG Enaineerina. Inc.
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PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW: s
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90
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70
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25
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35
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SILT; medium stiff, moist, abundant organics, dark
brown, cultivated zone to 12 inches TOPSOIL
SILT; stiff to very stiff, damp, brown to light brown
interbedded with layers of sandy silt
tiff to medium stiff, very moist below 4 ft.
Sandy SILT; medium stiff, damp, very fine sand,
ellowish brown
Silty CLAY; stiff, moist to very moist, laminated, brown,
pinkish brown, and gray
interbedded with la ers of silt and sandy silt
Bottom of Test Pit TP-4 @ 11 ft.
Groundwater not encountered.
Figure 4A PAGE 1 of 1 CMG Engineering, Inc.
BORING LOG
PROJECT: Starling Meadows
PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc.
LOCATION: See Site Plan
DATE: 2-23-07
ELEVATION:
TP-5
DRILLER: Ragan Excavating
LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe
GW: s
GW(2):
File- 07-159 StarlingWWm% MteFInnind =?'�7
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N-values ♦ (Blows per foot)
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0.0 J J J J SILT; medium stiff, moist, abundant organics, dark
0.8 brown, cultivated zone to 12 inches TOPSOIL
S-1 2.5 SILT with Sand; very stiff, damp, light brown to gray
Silty CLAY; very stiff, moist, laminated, brown, pinkish
brown, and gray,
S_2 interbedded with layers of silt
medium stiff to stiff, very moist below 6 ft.
10.0 1 Bottom of Test Pit TP-5 @ 10 ft.
Groundwater not encountered.
i-figure bA HAUE 1 of 1 GMG Engineering, Inc.
BORING LOG
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1-10
1-15
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-25
-30
WR
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW:
GW(2): —
TEST RESULTS
MATERIAL DESCRIPTION Plastic Limit
Water Content ® (percent)
N-values ♦ (Blows per foot)
10 20 30 40 50 60 70
0.0
SILT; medium stiff, moist, abundant organics, dark
0.5
brown, cultivated zone to 12 inches TOPSOIL
SILT with Sand; very stiff, damp, light brown to gray
S-1
3.5.
Silty CLAY; stiff, moist, laminated, brown, pinkish
brown, and gray,
interbedded with layers of silt
7'0
Poorly Graded SAND; medium dense, damp, fine
8.0
ained, brown
SILT; stiff, damp, brown
11.5TQ
interbedded with sandy silt
Bottom of Test Pit TP-6 @ 11.5 ft.
Groundwater not encountered.
Liquid Limit
Figure 6A PAGE 1 of 1 CMG Engineering, Inc.
0
r
BORING LOG
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW:
GW(2).
TP�7
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a
Water Content 4 (percent)
N-values ♦ (Blows per foot)
10 Zp 3Q 40 54 6C} �fl SQ 9f}
0
-
5
S-1
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0.8
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� � ;
SILT; medium stiff, moist, abundant organics, dark
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SILT with Sand; stiff, damp, light brown to gray
occassional silty clay layers below 3 ft.
-10
--15
25
30
35
S-2
8.0
10
-
-
Silty SAND; medium dense, damp, fine grained sand,
brown
interbedded with layers of sand and sandy silt
Bottom of Test Pit TP-7 @ 10.0 ft
Groundwater not encountered.
Sample obtained from 4-8 ft. for moisture -density curve (ASTMD-698)
Figure 7A PAGE 1 of 1 CMG Engineering, Inc.
BORING LOG
PROJECT: Starling Meadows
PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc.
LOCATION: See Site Plan
DATE: 2-23-07
ELEVATION:
TP-8
DRILLER: Ragan Excavating
LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend-A-l-ioe
GW: s
GW(2):
PAo:p7_IS9 ulkn Me
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TEST RESULTS
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MATERIAL DESCRIPTION
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Water Content 8 (percent)
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N-values ♦ (Blows per foot)
10 20 30 40 50 6070 80 90
n
1-5
Imul
f- 15
-20
-25
-30
KCR
0.0 J J J J J SILT; medium stiff, moist, abundant organics, dark
1.0 brown cultivated zone to 12 inches TOPSOIL
SILT with Sand; stiff, damp, light brown to gray
6.5 Silty SAND; medium dense, damp, fine grained, light
S-1
brown to brown
11.0 Bottom of Test Pit TP-8 @ 11.0 ft.
Groundwater not encountered.
Finure 8A PAC-,F 1 of 1
CMG Enninnerina- Inc
Ti
BORING LOG
TP-9
_..
W
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w A
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2
w
w w
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N
0"
0
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating _ LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW:
GW(2):
TEST RESULTS
MATERIAL DESCRIPTION Plastic Limit Liquid Limit
Water Content 0 (percent)
N-values ♦ (Blows per foot)
10 20 30 40 50 60 70 80 90
0.0 y J J J J SILT; medium stiff, moist, abundant organics, dark
0•8 brawn cultivated zone to 12 inches TOPSOIL
SILT with Sand; stiff, damp, light brown to gray
S-1 4.0 o o 00 Silty CLAY; medium stiff to stiff, very moist, laminated,
5 brown, pinkish brown, and gray
00
interbedded with layers of silt
.. 20
25
30
- 35
11.0] Bottom of Test Pit TP-9 @ 11.0 ft.
Groundwater not encountered.
ure
PAGE 1 of 1
CMG Engineering, Inc.
BORING LOG
PROJECT: Starling Meadows
PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc.
DATE: 2-23-07
LOCATION: See Site Plan
ELEVATION:
TP-'I O
DRILLER: Ragan Excavating
LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe
GW:
i
GW(2):
Film :97-i 9 Wks M
i)
Pri 712772i107
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MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit Liquid
uld Limit
o
o'
Water Content " (percent)
N-values ♦ (Blows per foot)
0
J
40 20 30 40 50 50 70 80
90
0.0
y y
SILT; medium stiff, moist, abundant organics, dark
0•$
brawn, cultivated zone to 12 inches .TOPSOIL
SILT with Sand; stiff, damp, light brown to gray
2.5
Silty SAND; medium dense, damp to moist, fine grained
4.0il .
sand, brown
5xS-1
:,o
'0
interbedded with layers of sand and sandy silt
Silty CLAY; medium stiff to stiff, very moist, laminated,
brown, pinkish brown, and gray
interbedded with layers of silt
10
10.
Silty SAND; medium dense, damp, fine grained sand,
11.5
brown
interbedded with la ers of sand
Bottom of Test Pit TP-10 @ 11.5 ft.
15
20
- 25
30
35
Groundwater not encountered.
Figure 10A PAGF 1 of 1
CMG Enaineerina- Inc
43
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BORING LOG
TP-11
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15
1 10
1 15
-25
-30
-35
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. _ DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW: s
GW(2).
TEST RESULTS
MATERIAL DESCRIPTION Plastic Limit , Liquid Limit
Water Content (percent)
N-values ♦ (Blows per foot)
10 20 30 40 50 60 70 80 90
0.0 SILT; medium stiff, moist, abundant organics, dark
1.3 brown, cultivated zone to 12 inches .TOPSOIL
SILT with Sand; stiff, damp, light brown to gray
S-1 3.0 Silty CLAY; medium stiff to stiff, very moist, laminated,
brown, pinkish brown, and gray
interbedded with layers of silt
11.5- ---- Bottom of Test Pit TP-11 @ 11.5 ft.
Groundwater not encountered.
Figure 11A PAGE 1 of 1
CMG Engineering, Inc.
W
BORING LOG
PROJECT: Starling Meadows_ PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW: .Q
GW(2):
.r�_12
Fdo' 07-159 SI lin Maido%n llalo Pr mcd 3iI7R007
_
Lu
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N
da
rn
^JaW
,
a�
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MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit i
i Liquid Limita
Water Content 0 (percent)
N-values ♦ (Blows per foot)
10 20 30 40 50 fib 70 80 90
0
5
S-1
0.0
0.5
5
SILT; medium stiff, moist, abundant organics, dark
brown. cultivated zone to 6 inches TOPSOIL
Glacial Till: Silty GRAVEL with Sand; very dense,
moist, subangular to subround well graded gravel,
scattered cobbles and boulders, brown and gray
Bottom of Test Pit TP-12 @ 5.0 ft.
10
43
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A
13
15
v
a
ro
a
c
0 20
A
m
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!A
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N
H
V
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a - 25
N
m .
a
0
0
30
x
H
[CIO
I Groundwater not encountered.
Ficiure 12A PAGE 1 of 1 CMG Engineerinq, Inc.
BORING LOG
TP-13
Fi 1.. 07.159
Shuhn
Meador
Dace
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-
-
30
-
x
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-
99
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW:
GW(2):
TEST RESULTS
MATERIAL DESCRIPTION Plastic Limit
Water Content 0 (percent)
N-values ♦ (Blows per foot)
10 20 30 40 50 60 70
SILT; medium stiff, moist, abundant organics, dark
brown cultivated zone to 6 inches TOPSOIL
SILT with Sand; stiff, damp, brown to dark brown
arav to light brown below 2.5 ft.
Silty SAND; medium dense, damp, fine grained sand,
brown
interbedded with sand and sandy silt
Silty CLAY; medium stiff to stiff, very moist, laminated,
brown, pinkish brown, and gray
interbedded with lavers of silt
Bottom of Test Pit TP-13
Groundwater not encountered.
Sample obtained from 1. S-S ft. for moisture density curve (Astm D-698)
Liquid Limit
Figure 13A PAGE 1 of 1 CMG Engineering, Inc.
v
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BORING LOG
TP-14
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ql
4 — 20
A
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i 4
0 f — 30
x
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35
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan _ ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW:
- GW(2):
TEST RESULTS
MATERIAL DESCRIPTION Plastic Limit 1—i Liquid Limit
Water Content 0 (percent)
N-values ♦ (Blows per foot)
0.0 v SILT; medium stiff, moist, abundant organics, dark
S-1 1.0 brown, cultivated zone to 12 inches TOPSOIL.
SILT; stiff, moist to very moist, laminated, brown to
yellowish brown
S-2 6.0 Silty CLAY; medium stiff, very moist to saturated,
laminated, light brown and gray
occassional sand layers below 9 ft.
11.5 1 Bottom of Test Pit TP-14 @ 11.5
Groundwater not encountered.
figure '14H f HUC -1 ar -1 uviu tngineering, inc.
BORING LOG
PROJECT: Starling Meadows
PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc.
DATE: 2-23-07
LOCATION: See Site Plan
ELEVATION:
TP-1 IJ
DRILLER: Ragan Excavating
LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe
GW: s
GW(2):
FllcO-1375inrl►i 7,ic},•:,
(�W
Z
= ^
(D
J a� o
MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit I Liquid
uid Limita
o =
a
N
a
o
Water Content (percent)
N-values ♦ (Blows per foot)
0
10 20 30 40 50 60 70 80 90
0.0
SILT; medium stiff, moist, abundant organics, dark
0.8
brown, cultivated zone to 12 inches TOPSOIL
2.0
SQ.T with Sand; stiff, damp,light brown to gray
Silty SAND; medium dense, damp, fine grained sand,
brown
5
5.
SILT; stiff, very moist, light brown
S-1
F 10
12.0 Bottom of Test Pit TP-15 @ 12.0 ft.
1-15 1 1 1 -
- 20
25
- 30
- 35
Groundwater not encountered.
FinijrP 15A PAGF 1 of 1 CMG Enaineerina. Inc
BORING LOG
PROJECT: Starling Meadows
PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc.
LOCATION: See Site Plan
DATE: 2-23-07
ELEVATION:
TR-7 6
DRILLER: Ragan ExcavatingLOGGED
BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe
GW:
GW(2):
Fi k- 07.159 Sisrlin Mwdany paIc r«ntad: 3arnuV
wa
(D
z
= ^
w w
o °W
_
MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit I Liquid Limit
Water Content i (percent)
N-values ♦ (Blows per foot)
_
10 20 30 40 50 60 70 80 90
0.0 J J J J / SILT; medium stiff, moist, abundant organics, dark
0•8 brown, cultivated zone to 12 inches TOPSOIL,
SILT with Sand; stiff, damp, light brown to gray
5 S-1 4.51 00 Silty CLAY; medium stiff to stiff, very moist, laminated,
OR brown, pinkish brown, and gray
00
S 2 7.0 interbedded with layers of silt
S-3 8.5 Silty SAND; medium dense, moist, fine grained sand,
10 Abrown
Silty CLAY; stiff, very moist, laminated, brown
11.0
interbedded with layers of silt
Bottom of Test Pit TP-16 @ 11.0 ft.
25
al0
0 130
`35
I1I
Groundwater not encountered.
1-igure IbA VAUL I of I UMU Engineering, Inc.
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v
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A
0
a
b
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a
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.14
43
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x
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BORING LOG
TP-17
Pik: 67. 1575erlin Mendo%l D.10 Prin •3R712007
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating _ LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW: s
GW(2). :
_
a
o =
co
a
N
Z
Ja
a
= ^
a
o
o }
MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit Liquid Limit
Water Content ® (percent)
N-values ♦ (Blows per foot)
10 20 30 40 50 60 70 80 90
0
5
10
S-1
S-2
S-3
0.0
1.0
2.3
3.5.
7.5,
..... "
jow.
rV,
SILT; medium stiff, moist, abundant organics, dark
brown, cultivated zone to 12 inches TOPSOIL
SILT with Sand; stiff, damp, scattered organics, brown to
dark brown
Silty GRAVEL; medium dense, damp, scattered cobbles
nd boulders, li t brown
Sandy GRAVEL; dense, damp, subangular to subround
well graded gravel, abundant cobbles and scattered
boulders
coarser with depth
Bottom of Test Pit TP-17 @ 7.5 ft.
- 20
25
- 35
Groundwater not encountered.
Sample obtained from 3.5-7.5 ft. for moisture density curve (ASTMD-698).
FirrtirP 17A PAGF 1 of 1 CMG Fnnineprinn- Inc
BORING LOG
TP-18
Ci
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w
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n
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4J
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w
H
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q
UI
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0
15
b_
a
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a
o0 - 20
m
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0
41
0
O
25
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ro
43
N
N
a
a
0
.1
41
vi 30
a
71
,C
H
35
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Sir L Extend -A -Hoe GW: s
_ GW(2):
TEST RESULTS
MATERIAL DESCRIPTION Plastic Limit liquid Limit
Water Content 0 (percent)
N-values ♦ (Blows per foot)
10 20 30 40 50 60 70 80 90
0.0 J J Y Y Y SILT; medium stiff, moist, abundant organics, dark
S-1 1.0 brown, cultivated zone to 12 inches(TOPSOIL)
SILT with Sand; stiff, damp, brown
S-2 3.0 SILT; stiff to very stiff, moist, laminated, gray
5- Glacial Till: Silty GRAVEL with Sand, dense to very
AZE�5 5 dense, moist, subangular to subround well graded gravel,
scattered cobbles and boulders. zrav and brown
Bottom of Test Pit TP-18 @ 6.5 ft.
Groundwater not encountered.
Figure
PAGE 1 of 1
CMG Enaineerina. Inc.
s] ff U10 XOTL9
TP-19
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cn �
0
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
DRILLER: Ragan_Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW:
GW(2):
TEST RESULTS
MATERIAL DESCRIPTION Plastic Limit + I Liquid Limit
Water Content 0 (percent)
N-values ♦ (Blows per foot)
10 20 30 40 50 50 70 80 90
0.0
......
SILT; medium stiff, moist, abundant organics, dark
0.8
brown, cultivated zone to 12 inches TOPSOIL,
Silty SAND; medium dense, damp, fine grained sand,
S-1
3.0
brown
Poorly Graded SAND; medium dense, damp, fine
5
grained, brown
-10
9
Bottom of Test Pit TP-19 @ 9.5 ft.
15
- 20 -
25 -
- 30
- 35
Groundwater not encountered.
Figure 19A PAGE 1 of 1 CMG Engineering, Inc.
w
W
BORING LOG
PROJECT: Starling Meadows PROJECT NO.: 07-159
CLIENT: Morrison-Maierle Inc. DATE: 2-23-07
LOCATION: See Site Plan ELEVATION:
GW(2): DRILLER: Ragan Excavating LOGGED BY: Jeff Schmidt
METHOD: CASE 590 Super L Extend -A -Hoe GW:
s
—
TP-20
nb:m�r -isgs�MeP�, :v�rauoa
_
n. �,
w w
o"
U)
J
a
a
<
Ci
J
a
= r.
W �,
w v
o
5 a
o
MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit Liquid Limit
Water Content -. (percent)
N-values ♦ (Blows per foot)
10 24 3Q 44 54 6Q 74 8Q 9Q
0
5
S-1
0.0
0.8
; ;
; v
SILT; medium stiff, moist, abundant organics, dark
brown cultivated zone to 12 inches TOPSOIL
SILT with Sand; stiff, damp, light brown to gray
interbedded with sandy silt and silty sand
- 10
7.0
10,51Bottom
00X 0 0Silty
110
CLAY; medium stiff to stiff, very moist, laminated,
brown, pinkish brown, and gray
interbedded with layers of silt
of Test Pit TP-20 @ 10.5 ft.
- 15
-20
25
-30
KGR
Groundwater not encountered.
Finiira 90A PA(-,F 1 of 1
CMG Fnainaarina- Inc.
COMPACTION TEST REPORT
109
107
105
U
Q
Z
C
N
t�
103
ZAV for
Sp.G. _
2.68
101
99
12 14 16 18 20 22 24
Water content, %
Test specification: ASTM D 698-00a Method A Standard
Elev/
Depth
Classification
Nat.
Moist.
Sp..
G
LL
PI
% >
No.4
% <
No.200
USCS
AASHTO
4.0
TEST RESULTS
MATERIAL DESCRIPTION
Maximum dry density = 106.9 pcf
Optimum moisture = 17.9 %
Project No. 07-159 Client: Morrison-Maierle Inc.
Project: Starling Meadows
• Source: TP-7 Elev./Depth: 4.0
Remarks:
SILT with Sand
Figure 21A
COMPACTION TEST REPORT
CMG Engineering, Inc.
Kalispell Montana
COMPACTION TEST REPORT
110
108
106
U
Q
T
Z
C
N
a
104
102
ZAV for
Sp.G. _
2.62
I
i
100
11 13 15 17 19 21 23
Water content, %
Test specification: ASTM D 698-00a Method A Standard
Elev/
Depth
Classification
Nat.
Moist.
Sp.G.
LL
PI
% >
No.4
% <
No.200
USCS
AASHTO
2.0
TEST RESULTS
Maximum dry density = 108.6 pcf
Optimum moisture = 17.6 %
Project No. 07-159 Client: Morrison-Maierle Inc.
Project: Starling Meadows
• Source: TP-13 Elev./Depth: 2.0
MATERIAL DESCRIPTION
Remarks:
SILT with Sand
Figure 22A
COMPACTION TEST REPORT
CMG Engineering, Inc.
Kalispell, Montana
COMPACTION TEST REPORT
130.0
127.5
125.0
U
Q
T
C
N
a
122.5
120.0
ZAV for
Sp.G. _
117-51
1
1
1
2.70
5 7 9 11 13 15 17
Water content, %
Test specification: ASTM D 698-00a Method C Standard
Elev/
Depth
Classification
Nat.
Moist.
S G
p.
LL
PI
% >
3/4 in.
% <
No.200
USCS
AASHTO
4.0
TEST RESULTS
MATERIAL DESCRIPTION
Maximum dry density = 127.1 pcf
Optimum moisture = 10.0 %
Project No. 07-159 Client: Morrison-Maierle Inc.
Project: Starling Meadows
■ Source: TP-17 Elev./Depth: 4.0
Remarks:
Sandy GRAVEL
Figure 23A
COMPACTION TEST REPORT
CMG Engineering, Inc.
_ Kalispell Montana
PR: AFFGRP
INSURED MLES
Insured Titles
44 4th Street West/P.O. Box 188
Kalispell, MT 59901
Phone: (406) 755-5028 /Fax: (406) 755-3299
Final Invoice
Ofc: 0067(5255)
To: WGM Group
Invoice No.:
5255 - 671011654
431 1st Avenue West
Date:
07/07/2020
Kalispell, MT 59901
Our File No.:
908982-FT
Title Officer:
Andrea Reum
Escrow Officer:
Customer ID:
AD881330
Attention: Mike Brodie
Liability Amounts
Owner 1:
$150.00
Your Ref.:
RE: Property:
430 Stillwater Rd., Kalispell, MT 59901
Buyers: 430 Stillwater Road, LLC
Sellers:
Description of Charge Invoice Amount
Guarantee -Subdivision Guarantee $150.00
Comments:
INVOICE TOTAL $150.00
Thank you for your business!
To assure proper credit, please send a copy of this Invoice and Payment to:
Attention: Accounts Receivable Department
LB# 1083, Insured Titles, PO Box 35146
Seattle, WA 98124-5146
Printed On: 07/07/2020, 3:08 PM Requester: ar Page: 1
GUARANTEE
Issued by
Insured Titles
44 4th Street West/P- O- Box 188, Kalispell MT 59901
Title Officer Andrea Reum
Phone: (406)755-5028
FAX-- (406)755-3299
File No. 908982-FT Cover Page
FS� PMERIfF
FirstAmerican Title"
Form 5010500 (7-1-14)
Guarantee Number: 501055-908982-FT
Guarantee Face Page
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
ram- sir -
FirstAmeriean Title T`,
First American Title Insurance Company
D"ris J. Ginwre. PreskWM
-,/� 0-c4J414A
Greg L Smith, Swmary
This jacket was created electronically and constitutes an original document
File No. 908982-FT Page 2 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
2.
2.
Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters affecting the title to any property beyond the
lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee,
or title to streets, roads, avenues, lanes, ways or
waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure
or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly
and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown by the public records; (1)
which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss
to the Assured; or (3) which do not result in the invalidity
or potential invalidity of any judicial or non -judicial
proceeding which is within the scope and purpose of the
assurances provided.
(c) The identity of any party shown or referred to in
Schedule A.
(d) The validity, legal effect or priority of any matter shown
or referred to in this Guarantee
GUARANTEE CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the parry or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule
(A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in Part
2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
NOTICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue
of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice
is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured
unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice
3. NO DUTY TO DEFEND OR PROSECUTE.
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE
ACTIONS; DUTY OF ASSURED CLAIMANT TO
COOPERATE.
Even though the Company has no duty to defend or prosecute
as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and
cost, to institute and prosecute any action or proceeding,
interpose a defense, as limited in (b), or to do any other
act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured, or to
prevent or reduce loss or damage to the Assured. The
Company may take any appropriate action under the
terms of this Guarantee, whether or not it shall be liable
hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company
shall exercise its rights under this paragraph, it shall do
so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to
select counsel of its choice (subject to the right of such
Assured to object for reasonable cause) to represent the
Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any
fees, costs or expenses incurred by an Assured in the
defense of those causes of action which allege matters
not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of
File No. 908982-FT Page 3 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
this Guarantee, the Company may pursue any litigation
to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company
to prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the
right to so prosecute or provide for the defense of any
action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of such
Assured for this purpose. Whenever requested by the
Company, an Assured, at the Company's expense, shall
give the Company all reasonable aid in any action or
proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in
the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as
stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of
the Assured to furnish the required cooperation, the
Company's obligations to the Assured under the
Guarantee shall terminate.
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 2
of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such Assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third parry,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
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 Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for
the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company
up to the time of purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of
the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the
Company offers to purchase said indebtedness, the
owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the
Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided
for in Paragraph (a) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the
name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided
for in Paragraph (b) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosection of any litigation for
which the Company has exercised its options under
Paragraph 4.
DETERMINATION AND EXTENT OF LIABILITY.
This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the
Assured claimant who has suffered loss or damage by reason
of reliance upon the assurances set forth in this Guarantee
and only to the extent herein described, and subject to the
File No. 908982-FT Page 4 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the
Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured
by the mortgage of an Assured mortgagee, as limited or
provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these
Conditions and Stipulations, at the time the loss or
damage assured against by this Guarantee occurs,
together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the
estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
8. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures any other
matter assured against by this Guarantee in a reasonably
diligent manner by any method, including litigation and
the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused
thereby.
(b) In the event of any 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 therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or damage to
any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
9. REDUCTION OF LIABILITY OR TERMINATION OF
LIABILITY.
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto.
10. PAYMENT OF LOSS.
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT.
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
against any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company,
the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to
perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the
Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. ARBITRATION.
Unless prohibited by applicable law, either the Company or
the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the Assured arising out of or relating to this Guarantee,
any service of the Company in connection with its issuance or
the breach of a Guarantee provision or other obligation. All
arbitrable matters when the Amount of Liability is $1,000,000
or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of
liability is in excess of $1,000,000 shall be arbitrated only
when agreed to by both the Company and the Assured. The
Rules in effect at Date of Guarantee shall be binding upon the
parties. The award may include attorneys' fees only if the
laws of the state in which the land is located permits a court
to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. LIABILITY LIMITED TO THIS GUARANTEE;
GUARANTEE ENTIRE CONTRACT.
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee
and contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this
Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can
be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT.
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this Guarantee and shall be
addressed to the Company at First American Title
Insurance Company, Attn: Claims National Intake
Center, 1 First American Way, Santa Ana, California
92707. Phone:888-632-1642.
File No. 908982-FT Page 5 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
Subdivision Guarantee
k• 7 First American Title
Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5010500-908982-FT
Subdivision or Proposed Subdivision: 430 Stillwater Road
Order No.: 908982-FT
Reference No.:
Fee: $150.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
WGM Group
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
TRACT 1 OF CERTIFICATE OF SURVEY NO. 21158, SITUATED, LYING AND BEING IN THE
SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 NORTH, RANGE
22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation
of Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
430 Stillwater Road, LLC, a Montana limited liability company
(B) Parties holding liens or encumbrances on the title to said lands are:
NONE
(C) Easements, claims of easements and restriction agreements of record are:
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.
2. 2020 taxes are an accruing lien, not yet payable.
3. Easement for telephones granted to Mountain States Power Company, recorded March 30, 1954, as
Instrument No. 1536.
File No. 908982-FT Page 6 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
4. Sixty foot declared county roads (Stillwater Road and Four Mile Drive) as shown on available county
assessor maps.
5. Easement for communications system granted to American Telephone and Telegraph Company
recorded May 4, 1994, as Instrument No. 94-124-09350.
6. Easement for communications system granted to American Telephone and Telegraph Company
recorded May 4, 1994, as Instrument No. 94-124-09360.
7. Latecomers Agreement upon the terms, conditions and provisions contained therein:
Parties: Owl Corporation and the City of Kalispell
Recorded: May 5, 2006, as Doc. No. 2006-125-09030
Amendment to Latecomers Agreement recorded May 18, 2011, as Doc. No. 2011-000-10329.
Memorandum of Understanding in connection to above agreement, recorded August 16, 2011, as
Doc. No. 2011-000-16731.
8. Resolution No. 5215A by the City of Kalispell for the Starling Growth Policy Amendment filed July 24,
2007, as Doc. No. 2007-000-22049.
9. Resolution No. 5216 by the City of Kalispell for annexation filed August 15, 2007, as Doc. No. 2007-
000-24779.
10. Petition to Annex and Notice of Withdrawal from Rural Fire District filed August 15, 2007, as Doc.
No. 2007-000-24780.
11. Ordinance No. 1618 by the City of Kalispell for zoning change filed April 10, 2009, as Doc. No. 2009-
000-09935.
12. Property Use and Restriction Agreement upon the terms, conditions and provisions contained
therein:
Parties: Cyncat, Inc., CPG & Associates, Inc., Grosswiler Dairy, Inc. AND Aspen Stillwater
Properties, LLC
Recorded: November 18, 2014, as Doc. No. 2014-000-23619
(Covers premises and other property)
13. Easement for Road and Utilities granted to City of Kalispell, recorded April 25, 2019 as Doc. No.
2019-000-07623.
14. Reimbursement Agreement upon the terms, conditions and provisions contained therein:
Parties: Grosswiler Dairy, Inc., etal
Recorded: May 15, 2019, as Doc. No. 2019-000-09099
15. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which
may exist by reason thereof, disclosed by Record of Survey No. 21158 recorded June 28, 2019, as
Instrument No. 2019-000-13249, 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 restrictions violate 42 USC 3604(c).
16. Irrigation Easement Agreement upon the terms, conditions and provisions contained therein:
Parties: Grosswiler Dairy, Inc., a/k/a Grosswiler WWEE, LLC, a Montana limited liability company
Recorded: June 28, 2019, Instrument No. 2019-000-13250
Date of Guarantee: June 30, 2020 at 7:30 A.M.
File No. 908982-FT Page 7 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
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