H1. Starling Ph 1-3 Final Plat-7w
CITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisuell.com/planning
SUBJECT: Final plat request and Subdivision Improvement Agreement for Starling Phases
1-3
MEETING DATE: December 5, 2022
BACKGROUND: Sands Surveying has submitted a request, on behalf of Starling Development, LLC,
for final plat approval of Starling Phases 1-3. The subdivision contains 72 lots (31 detached single-
family and 41 attached single family lots, along with one multi -family lot) on approximately 20.84
acres. The property is located on the west side of Stillwater Road between Four Mile Drive and West
Reserve Drive. It can be described as Tract 2 of Certificate of Survey No. 21978, on file and of record
in the office of the Clerk and Recorder, Flathead County, Montana.
The City Council approved the preliminary plat with 41 conditions in October 2021 (Resolution 6054).
All of the conditions have been met or adequately addressed. The attached report summarizes the
applicant's compliance with the conditions of approval. All infrastructure has been installed and
accepted or bonded for. A subdivision improvement agreement in the amount of $1,994,111.31 is
included for the Council's consideration.
RECOMMENDATION: It is recommended that the City Council make a motion to approve the final
plat for Starling Phases 1-3, as well as the subdivision improvement agreement.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: November 30, 2022
c: Aimee Brunckhorst, Kalispell City Clerk
CITY OF
KALISPELL
November 30, 2022
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
Re: Final Plat request for Starling Phases 1-3
Dear Doug:
Planning Department
201 1' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Sands Surveying has submitted a request, on behalf of Starling Development, LLC, for final plat approval
of Starling Phases 1-3. The subdivision contains 72 lots (31 detached single-family and 41 attached single
family lots, along with one multi -family lot) on approximately 20.84 acres. The property is located on the
west side of Stillwater Road between Four Mile Drive and West Reserve Drive. It can be described as
Tract 2 of Certificate of Survey No. 21978, on file and of record in the office of the Clerk and Recorder,
Flathead County, Montana.
The City Council approved the preliminary plat with 41 conditions in October 2021 (Resolution 6054).
All of the conditions have been met or adequately addressed. The following report summarizes the
applicant's compliance with the conditions of approval. All infrastructure has been installed and
accepted or bonded for. A subdivision improvement agreement in the amount of $1,994,111.31 is
included for the Council's consideration.
COMPLIANCE WITH CONDITIONS OF APPROVAL
1. The Planned Unit Development for Starling Phases 1-8 allows the following deviations from the
Zoning Regulations:
(1) Use: Sections 27.09.010 and 27.09.030 — Phase 3 uses may include any permitted uses allowed
under B-1 zoning. Accessory dwelling units are allowed on Lots 17, 24, 25, 32, 33, and 40 in
Phase 2 and future phases subject to review. ADUs would be subject to general zoning
requirements as well as a requirement that (a) any lot with an ADU be a minimum width of 50
feet with a minimum depth of 100 feet; (b) they meet the setbacks for principal structures; and
(c) that the parking for the ADU would be one additional parking space rather than two. The
proposal would allow the ADU to be attached or detached from the principal structure.
(2) Lot Area: Section 27.09.040(1) — The minimum lot size in the RA-1 is 6000 square feet
minimum lot size. This deviation would allow a minimum lot size of 4000 square feet for single-
family lots and a minimum lot size of 2350 square feet per unit for parent lots with
townhomes/sublots.
(3) Lot Width: Section 27.09.040(2) — The minimum lot width in the RA-1 zone is 50 feet. This
deviation would allow a minimum width of 40 feet.
(4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the front, 5 feet on
the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to the garage from a street
right-of-way. This deviation would allow for a side setback of 3 feet.
(5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the RA-1 zone
is 45%. This deviation would allow a maximum lot coverage of 60%.
Staff Response: This condition has been met. The lot area and width minimum requirements
are met, and the use, setback, and lot coverage standards are part of the property development
standards reviewed as part of the building permits.
2. The Planned Unit Development for Starling Phases 1-8 allows the following deviations from the
Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — This deviation would allow three alternative road
sections: (a) 80-foot urban collector with 16-foot landscape boulevards; (b) 30-foot-wide alleys;
and (c) the 32 foot wide woonerf.
(2) House Orientation: Section 28.3.14(F)(1) — This deviation allows homes to face
Stillwater Road provided that access is provided only from the alley behind the homes.
(3) Alley as Primary Access: Section 28.3.11(B) and (C) — This deviation allows homes
along Stillwater Road to be accessed only from an alley.
Staff Response: This condition has been met. The road sections are provided for in the
engineering design, and the house orientation and access are part of the property development
standards reviewed as part of the building permits.
3. The preliminary plat approval for the subdivision is not effective until the ordinance approving
the PUD/zone change becomes effective.
Staff Response: This condition has been met. The PUD ordinance was approved in October of
2021 and is effective.
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.
Staff Response: This condition has been met. The development of the site is in substantial
compliance. It should be noted that the number of lots decreased and specific lot widths/sizes
shifted accordingly without altering the street or overall layout. Substantial changes require a
new preliminary plat under the subdivision regulations, including relocation of access to the
subdivision, increasing the number of lots, significant relocation of common areas, or rearranging
five or more lots. The shifts in this case would not amount to a substantial change. The access
is unchanged, the number of lots decreased, and there were only minor shifts in common area
and lot lines which were not significant in that the shifts primarily absorbed the decrease in the
number of lots within the overall layout of the subdivision.
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.
Staff Response: This condition is adequately addressed. Per the City Attorney, a development
agreement is not necessary in this case.
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.
Staff Response: This condition has been met. The appropriate PUD plans are on file.
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.
Staff Response: This condition has been met. The PUD remains valid based on the 2021
approval by the City Council.
8. 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 develop 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.
Staff Response: This condition has been met. Per the letter from Public Works dated November
14, 2022, these phases utilize temporary stormwater forebays that will be replaced or expanded
with further development and no fences are required. In addition, the approval letter from the
Parks Department dated November 3, 2022, approved the landscaping and parks plan for the
subdivision.
9. The preliminary plat approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition has been met. The plat was approved in October 2021 and
remains valid.
10. 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.
Staff Response: This condition has been met. Per the letters from Public Works dated March
24, 2022, and November 14, 2022, the storm drainage plan was reviewed and approved by Public
Works and installed according to the plan. In addition, the applicant submitted an engineer's
certification dated October 19, 2022.
11. 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.
Staff Response: This condition has been met. The applicant submitted copies of the City of
Kalispell and DEQ storm water management permits.
12. 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.
Staff Response: This condition has been met. The applicant submitted letters from Public
Works dated March 24, 2022, and from DEQ dated April 1, 2022, approving the plans.
13. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design work
shall be reviewed and approved in writing by the Kalispell Public Works Department prior to
construction. This infrastructure shall include but not be limited to streets, street lighting, street
signage, curb, gutter, boulevard and sidewalks.
Staff Response: This condition has been met. The applicant submitted a letter from Public
Works dated March 24, 2022, approving the plans.
14. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and in compliance with the city's facilities
update and extensions of services plans. The water and sewer main extension plans shall be
reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a
certification shall be submitted to the Public Works Department stating that the water and sewer
mains have been built and tested as designed and approved.
Staff Response: This condition has been met. The applicant submitted a letter from Public
Works dated March 24, 2022, approving the plans, as well as the engineer's certification for the
water and sewer systems dated October 19, 2022.
15. 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.
Staff Response: This condition has been met. As noted in a letter from Public Works dated
November 14, 2022, a deed transferring water rights was recorded October 7, 2022.
16. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for design
and construction, except as otherwise provided for herein.
Staff Response: This condition has been met. The applicant submitted a letter from Public
Works dated March 24, 2022, approving the plans.
17. Any lot adjacent to an alley shall access the home from the alley rather than the street.
Staff Response: This condition is adequately addressed. Access to the homes is addressed at
the time of the building permit. It should be noted that a pending major PUD amendment is in
front of the Council which would allow alternative access for six specific ADU lots.
18. No individual accesses to Stillwater Road are allowed.
Staff Response: This condition has been met. There are no individual accesses to Stillwater
Road.
19. The development's frontage on Stillwater Road will shall be improved in accordance with City
Design and Construction Standards to a Minor Arterial standard including, but not limited to,
bike/pedestrian path, curb/gutter, and landscape boulevard. Improvements may include widening
the road surface if necessary to meet those standards. A dedication of an additional ten feet of
right-of-way is required to provide the required width for a minor arterial.
Staff Response: This condition has been met. Per the letter from Public Works dated November
14, 2022, road widening and improvements were completed or bonded for, and the additional
right-of-way along with the western portion of Stillwater are dedicated to the City on the final
plat.
20. Internal streets shall be built to local and collector design standards (the collector shall be the
extension of Timberwolf Parkway) pursuant to the Standards for Design and Construction
including, but not limited to, sidewalks, landscape boulevard, street lights, and curb/gutter,
except as modified through deviations from the standards specified herein.
Staff Response: This condition has been met. Per the letter from Public Works dated November
14, 2022, the streets have been constructed to those standards or have been bonded for.
21. Additional connections are required to connect to the north from Phase 5.
Staff Response: This condition has been adequately addressed. Appropriate connections to
future phases have been provided for on the final plat.
22. Temporary turnarounds will be required as part of the final design until such time as a connection
is made in any dead-end location with the potential to be extended in the future.
Staff Response: This condition has been met. Per the letter from Public Works dated November
14, 2022, all necessary temporary turnarounds are provided.
23. Alleys are also included within the plan shall be maintained as private alleys. The 30-foot alley
in Phase 2 will require a temporary turnaround until it can be extended.
Staff Response: This condition has been met. The final plat indicates that the alleys will be
private, and the turnaround was provided.
24. The collector street name shall be Timberwolf Parkway rather than Dairyland Drive pursuant to
city regulations that require extensions of roads to continue the existing street name.
Staff Response: This condition has been met. The street name is shown as Timberwolf
Parkway.
25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and approved
by the Public Works Department. Per the city Standards for Design and Construction, the
development shall maintain or improve the existing level of service for the affected roadways
rather than simply maintaining an acceptable level of service. Any improvements necessary to
maintain the existing level of service will be required.
Staff Response: This condition has been met. Per the letter from Public Works dated November
14, 2022, the TIS for the project shows a level of service drop from B to C at the intersection of
Four Mile Drive and Stillwater Road. This drop in level of service was mitigated with the
intersection work already completed for the apartment complex near the intersection at 430
Stillwater.
26. The traffic study also addressed the potential need for a roundabout at the intersection of
Timberwolf Parkway and Stillwater Road. Per the study, the roundabout is not required at this
time. However, further development on both sides of Stillwater likely means a roundabout will
be necessary at some point and providing for its location at the intersection of Timberwolf
Parkway with dedication of right-of-way for a future improvement is appropriate. The proposed
plat shows the right-of-way dedication. In addition, a note shall be placed on the final plat
waiving protest of an SID for the roundabout construction that would apply to any lots within the
development.
Staff Response: This condition has been met. Per the Public Works letter dated November 14,
2022, the right-of-way to accommodate a future roundabout has been dedicated as part of the
final plat. The waiver of protest to create an SID for the roundabout construction has also been
included on the plat.
27. Any fencing along Stillwater Road shall be reviewed and approved by the city Architectural
Review Committee, which shall ensure a consistency of colors and materials to be used to present
an aesthetically pleasing design.
Staff Response: This condition has been met. The submitted covenants for the subdivision
prohibit fencing along Stillwater Road.
28. The recommendations in the Geotech report shall be followed, including providing additional
specific Geotech reports related to buildings and other site improvements for the subject property,
which are to be reviewed and accepted by the City of Kalispell prior to construction.
Staff Response: This condition has been met. As noted in the letter from Public Works dated
November 14, 2022, the recommendations in the Geotech report have been followed and building
specific requirements would be addressed through the building permit process.
29. 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, any private infrastructure
has been constructed per city standards, and a proper bond has been accepted for unfinished work.
Staff Response: This condition has been met. A letter dated from Public Works dated
November 14, 2022, was submitted stating that all new infrastructure was accepted or approved,
or otherwise bonded for.
30. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements
for city water and sewer shall be provided to allow for the logical extension of utilities from this
subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat.
Staff Response: This condition has been met. A letter dated from Public Works dated
November 14, 2022, was submitted stating that the easements are acceptable.
31. 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
Staff Response: This condition has been met. The note appears on the final plat.
32. 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.
Staff Response: This condition has been met. A letter from the USPS dated September 30,
2022, was submitted approving the location. In addition, the Public Works letter dated November
14, 2022, noted that the mail delivery site was included in their approved plans.
33. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of private roads and alleys shall include both short term and long term
maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks,
street repairs, overlays, and rebuilds of the street.
Staff Response: This condition has been met. The applicant submitted proposed covenants
providing for the maintenance of common areas and facilities.
34. 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.
Staff Response: This condition has been met. A letter from the Fire Department dated
September 12, 2022, was submitted approving the project.
35. 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. The approved landscape
plan shall be implemented or a cash -in -lieu payment for installation of the street trees and
groundcover be provided to the Kalispell Parks and Recreation Department.
Staff Response: This condition has been met. A letter from the Parks Department dated
November 3, 2022, was submitted approving the landscaping and parks plan for the project.
36. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat
of Phase 1, and the plan shall show that the parkland dedication requirement is met for each
phase.
Staff Response: This condition has been met. A letter from the Parks Department dated
November 3, 2022, was submitted approving the landscaping and parks plan for the project.
37. 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 assessments
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
Staff Response: This condition has been met. The note appears on the final plat.
38. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the property
owner(s) default on the maintenance of the approved stormwater facilities. The assessments
levied within the maintenance district shall be determined by the Public Works Department with
approvals by the Kalispell City Council.
Staff Response: This condition has been met. The note appears on the final plat.
39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
Staff Response: This condition has been met. Public Works reviewed the engineer's estimate
submitted as an exhibit for the subdivision improvement agreement showing a minimum of two-
thirds of the infrastructure has been completed.
40. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
Staff Response: This condition has been met. All utilities were installed underground.
41. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition has been met. According to the compliance letter from the
applicant, disturbed areas were appropriately revegetated.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS
This subdivision plat has been found to be in compliance with the State and City subdivision regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance, the RA-1 zoning, and Planned Unit
Development overlay for the property.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately
addressed. It is recommended that the Kalispell City Council approve the final plat and subdivision
improvement agreement for Starling Phases 1-3.
Attachments: - Two mylars of final plat
- Copy of final plat
- Subdivision Improvement Agreement and Engineers Estimate
- Applicant responses and final plat application dated 11/3/22
- Engineer's Certifications and Transfer of Infrastructure
- Public Works letters dated 3/24/22 and 11/14/22
- DEQ letter dated 10/22/21, 3/31/22 and 4/1/22
- DEQ SWPPP dated 10/21/21
- Public Works Stormwater Management Permit SW21-0224
- Fire Dept letter dated 9/12/22
- Parks letter dated 11/3/22
- USPS letter dated 9/30/22
- Deed Transferring Water Rights
- Consent to Plat
- Flathead County tax certification dated 10/13/22
- Fidelity National Title Insurance Guarantee FT1585-223509 dated 9/14/22
- CCRs
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Sands Surveying
2 Village Loop
Kalispell, MT 59901
By: SANDS SURVEYING, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6481
JOB NO: 358807
DRAWING DATE: MARCH 8, 2022
COMPLETED DATE: / /
FOR: GROSSWILER DAIRY
OWNER: STARLING DEVELOPMENT, LLC
Tate/ Area:
20.840 Ac.
Lots (72):
41 s .0,
9,455 A,
11
Roads gJe ra Y ots
6,405 A,
Common Area:
4,532 A,
Future De
0,448 A,
Plat of
STARLING, PHASES 1-3
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COMPLETED DATE: / / FOR: GROSSWILER DAIRY CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA
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LEGEND
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et 1/2— Reba, & Cep (7975S)
• ➢bend 1/2 Reba, & Cep (L—S)
so- Ad -
SHEET 2 OF 2 SHEETS
No.
Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 151 Avenue East
Kalispell, MT 59901
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of December , 2022 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter
referred to as the CITY, and Starling Development, LLC, a Comoann located at PO BOX 99 MOUNT
VERNON IA 52314, Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Starling, Phases_1-3, Located at SE 1A NE 'l, & NE'I4 SE1I4 SEC, 35 T.29N., R.22W. P.M.M. CITY OF
KALISPELL, FLATHEAD COUNTY, MT and,
WHEREAS, the City has conditioned it's approval of the final plat of Starling, Phases 1-3, upon the
conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited
in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of
those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security
of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate
prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$1,994,111.31.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral
as determined by the City Council, in the amount of $1.994.111.31. Said Letter of Credit or other
collateral shall have an expiration date of at least sixty (60) days following the date set for
completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $1,994,111.31 the estimated cost of completing
the required improvements in Starling, Phases 1-3.
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are necessary
to finance the completion of those improvements up to the limited of credit stated in the letter;
2. That said required improvements shall be fully completed by October 5th, 2023.
3. That upon completion of the required improvements, the Developer shall cause to be filed with the City
a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of two (2) years from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in conformance
with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the specifications,
it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to
insure such compliance. If the City determines that the Developer will not construct any or all of the
improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
by
LLC
(Chad Pelley, Manager)
STATE OF MONTANA
COUNTY OF FLATHEAD
On this -j day of , 202Z , before me, a Notary Public for the State
of Montana, personally appeared known to me to be the
Ma of , whose name is subscribed to
the foregoing instrument and acknowledged to me 111at he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
,.. . /l_ - - -- -
Notary Public for the State of Montana
Printed Name �i C4
Residing at
My Commission Expires
MAYOR, CITY OF KALISPELL
MAYOR
TIA SAMMON
NOTARY PUBLIC for the
' SEAL *
State of Iwontana
Residloq at Uallspell, Montana
OF
my Comrnlsslon Expires
June 15, 202S
ATTEST:
CITY CLERK
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes those improvements listed in Exhibit B, their projected construction completion
date and estimated construction costs.
SUBTOTAL $1,595,289.05
FEES $0
TOTAL COSTS $1,595,299.05
TOTAL COLLATERAL (TOTALS COSTS X 125%) $1,994,111.31
/�Z�\
FOLEY ENGINEE1741NG
EXHIBIT B
STARLING, PHASES 1-3
Subdivision Improvements Agreement
Cost Estimate of Items Remaining to be Completed
10/ZOfZOZ2
Completed To -claw Amoun; Remaining Engineer's Notes
Item a Item Description I Quantity Unit I Unit Cost Total cost I Quantity I Total Cost 1 Quantity Total Cast
Insurance
I Subtotals S 419.000.00 S 419.000,00 S - I
65
Earthwork FIII Material (Utilize Pipe Spoils & 3374
18,796
CY
$ 5.75
$ 108,077.00
$ 108,077.00
CY Topsoil in Open Space Areas)
18,796
0
S
70
Replacement of 6" Stockpiled Topsoil & Seeding
4,464
S
S
$ 37,944.00
Boulevards & Open Space (26.783 SY)
CY
8.50
37,944.00
4464
0
5
8D
Removal and Haul Off of Existing Stillwater Road
3,674
SY
$ 9.75
$ 35,870.25
$ 35,870.25
Asphalt
3679
0
$
90
4"Asphalt
16,063
SY
$ 22.00
$ 353,386.00
16,063
$ 353,386.00
0
$
100
3/4' Crushed Base Course 16" Thick
3,682
CY
$ 36.50
S 134,393.00
$ 134,393.00
Compacted In Place)
3,682
0
$
120
3" Minus Sub -Base Gravel (9" & 15' Thick
6,972
CY
$ 30.50
S 212,646.00
$ 212,646.Oo
m Cocted In Place
6,972
0
$
120
4" Concrete Sidewalk (Incl.6" Depth of Base
36,752
SF
$ 6.25
$ 229,700.00
S -
Gravel]
0
36752
$ 229,700.00
130
Driveover Curb and Gutter (base gravel Incl.
5,974
tF
$ 18.25
$ 109,025.50
$ 309,025.50
in item #100)
5,974
0
$
140
Standup Curb and Gutter (base gravel incl. In
1,279
LF
$ 24.00
$ 30,696.00
$ 30,696.00
item 4100)
1,279
0
$
150
Concrete ADA Ramp
39
EA
5 1,150.00
S 44,850.00
0
$
39
S 44,850,00
160
Concrete Alley Approach
8
1 EA
I S 3.500.00
1 S 28.000.00
01
S -
1 8
S 28.000.00
Subtotals
190
—
12" x B" Tee
2
EA
a
$ 4 100.00
a
$ 8,200,00
2
a
$ 8,200.00
0
a
$
210
12' Gate Valves
12
EA
S 4,600.00
S 55,200.00
12
S 55,200,00
0
S
220
12'Caps
1
EA
S 2,200.00
S 2,200.00
1
5 2,200.00
0$
230
12"x8'Cross
1
EA
$ 3,250.00
$ 3,250.00
1
S 3,250.00
0
$
240
S' Water Main Incl.imported backfr0
2,326
LF
$ 52.00
$ 120,952.00
2326
$ 120,952.00
0
$
250
B" x 8" Cross
1
EA
$ 890.00
S 890.00
1
S 990,00
0
S
260
8"Gate Yahre(incl.Concrete Apron)
26
EA
$ 2,350.00
$ 61,100.00
26
5 61,100,00
0
S
280
r x 8" Tee
2
EA
$ 890A0
S 1,780.00
2
S 1,780.00
0
$
290
&' Caps
7
EA
S 890.00
$ 6,230.00
7
S 6,230.00
0
S
300
6' Fire Hydrant Including G' Valve and Lead
9
FA
$ 7,100.00
$ 63,900.t10
9
$ 63,900.00
0
$
310
3/4' Water Service, Meter PR, and Curb Stop
65
EA
$ 3,080.00
$ 200,200.00
65
$ 200,200.00
0
$
315
1" Water Service, Meter Pit and Curb Stop
6
EA
$ 3,1W.00
$ 18,900.00
6
$ 18,900.00
0
$
Meter pit remains
316
2' Water Service, Meter Pit, and Curb Stop
1
EA
5 7,800.00
S 7,800.00
0.3
S 2,340.00
0.7
$ 5,460.00
320
Connection to Existing Water Main
2
EA
$ 2,350.00
S 4,700.00
2
$ 4,700.00
0
S
330
18" x 12" Tapping Sleeve
1
EA
$ 3,500.00
$ 3,500.00
1
$ 3,500.02
0
$
340
14" x 8' Reducer
1
EA
$ 1,200.00
$ 1,200.00
1
$ 1,20D.00
0
$
350
Bkrwoff
3
EA
$ 3,300.00
$ 9,900.00 1
3
1$ 9,900.00 1
0
$
Subtotals S 657,864.00 S 652,404.00 S 5,460.00
Sanitary Sewer System
360
8"Sewer Main(Including Imparted Backfill)
4,312
LF
$ 56.00
$ 241,472.00
4,312
$ 241,472.00
0
$
370
48"Sanitary 5ewerManhDle(Including
Concrete Apron)
17
EA
$ 4,950.00
$ 84,150.00
17
$ 84,150.00
0
$
380
4' Sewer Services (Deep Services for
Basamants]
74
EA
$ 2,599.00
$ 191,586.00
74
$ 191,586.00
0
$
385
4" Sewer Services (Standard Depth w/out
Basements)
0
EA
$ 1,450.00
S -
0
$ -
0
S
390
Connection to Existing Manhole
2
EA
5 1,750.00
S 3,500.00
2
$ 3,500.00
0
$
395
Type 2 Badding
150
TN
S 44.00
S 6,600.00
150
$ 6,600.00
0
S -
Subtotals $ 527,308.00 $ 527,308.00 $
Stormwater system
400
12" Storm Main(including imported Backfill
2,186
LF
$ 73.50
$ 171,601.00
2,186
$ 171,601.00
0
$
410
15" Storm Main(Including Imported Backfill(
121
LF
$ 90.00
$ 9,6N.00
121
$ 9,680.00
0
$
420
18' Storm Main (Includin Imported Backfill
660
LF
$ 98.00
$ 58,080.00
660
$ 58,080.00
0
$
430
24' Storm Main (including Imported Backfill)
209
LF
$ 98.85
S 20,659,65
209
$ 20,659.65
0
S
440
4A�onStorm Manholes (Including Concrete
21
EA
$ 5,700.00
$ 119,700.00
31
$ 119,700.00
D
$
450
30" Storm Catch Basins
23
EA
$ 2,150.00
$ 49,450.00
23
5 49,450.00
0
S
460
1 Stormwater Ponds With Outlet Swales
2
EA
$ 4,400.00
$ 8,800.00
2
$ 8,800.00
0
$
470
CritterGuards (18"and 24")
2
EA
$ 295A0
$ 5:,
$
21
$ 590.00
490
1 Flared End Section with Rip -Rap
2
1 EA
1$ 1,850.00
1 $ 3,700.001
1 S
1 21
S 3,70 1.1
Subtotals $ 442,ZW.65 $ 437,970.65 $ 4490.00
Starling, Phases 1.3 P3µ. I or 2
Cry
Utilities
48S
S'x12'AsphaltPatch
2
EA
$ SW.00
$ 1.600-00
2
5 1,60D.00
0
$
490
Single -Phase Electrical Vault
13
EA
$ 2,S00.00
$ 32,500.00
0
$
13
$ 32,500.00
500
Three Phase Electrical Vault
3
EA
$ 3,450.00
$ 10,3SO.00
0
$
3
S 10 350.00
510
Secondary Pedestals
32
EA
$ 550.00
$ 17,600.00
0
$
32
$ 17,600.00
520
Shared Trench
6,144
tF
$ 8.25
$ 50,688,00
0
$
6144
$ 50,688.00
530
6" Conduit Three•Phase)
$83
UP
S 24.00
$ 21,192,00
56
$ 1,344.00
827
$ 19848.00
S40
4" Conduit
699
LF
$ 14.00
$ 9,786.00
46
S 644.00
653
$ 9,142.00
550
3" Conduit (Single Phase)
6,956
LF
S 11.75
$ SO,S58.00
600
S 7,OSO.00
6256
$ 73,509.00
560
2" Conduit in Shared Trench (For 2 Comm.
Providers
10,813
LF
S 7.20
S 77,653,60
770
$ 5.544.00
1OD43
S 72 309.60
570
6" Sweeps
1
EA
$ 215.00
$ 215.00
0
$
1
$ 215.00
580
4" Sweeps
1
EA
S 70.00
$ 70,00
0
$
1
$ 70.00
590
3" sweeps
41
EA
S 70.00
S 2,870.00
0
S
41
$ 2,870.00
600
2" Sweeps
95
EA
$ 55.00
5 5.225.00
0
S
95
$ 5,225.00
620
6" Gas Sleeves
ISO
tF
S 17.00
$ 2,550,00
1501
2,550.00
01
S
623
4"Gas Sleeves
450
LF
$ 17.00
$ 7,650.00
370
S 6,290.00
80
S 1,360.00
Subtotals $ 320,707.60 S 25,022.00 S 295,685.60
Lighting, Signage
and Striping
630
Asphalt Striping (parking stalls &
intersections)
1
tS
$ 4,S00.00
$ 4,S00.00
0
$
1
S 4,500.00
640
Concrete Light Pole eases
16
EA
$ 2,350.00
S 45,600,00
0
$
16
$ 45,600.00
650
1" Lighting Conduit
1067
IF
$ 9.00
$ 9,603.00
116
S 1,044 00
951
S 8,559.00
660
1" Sweeps
16
EA
$ 60.00
5 960.00
0
$
16
$ 960.00
670
Street & Traffic Signs
8
EA
$ 3,000.00
$ 24,000.00
9
$ 24.000.00
0
$ -
Subtotals S 94,663.00 S 251044.00 $ 59,619.00
Irrigation and Landscaping
680
Irrigation {Mann landscape & Sprinklers)
1
LS
$ 262 894.00
$ 262 894.00
0
S
1
S 262,894.00
685
Irrigation Sleeves (6" Conduit)
630
LF
$ 24,00
$ 15,120.00
516
$ 12,394,00
114
$ 2 736.00
690
Landscaping (Mann Landscape & Sprinklers)
1
LS
$ 152,961.75
$ 152,961.75
0
S
1
$ 152,961,75
700
Internal Sidewalks&Trails
21,690
sF
$ 5.95
S 129,055.50
0
$
21690
S 129,055,50
710
Bench
5
EA
$ 1,283.00
5 6,415.00
0
5
5
S 6415-00
720
Bike Rack
3
EA
$ 141.00
$ 423.00
0
$
3
$ 423.00
730
Pet Waste Station
4
EA
$ 287.00
$ 1,148.00
0
$
4
$ 1,148.00
740
Picnic Table
EA
$ 2,323.00
$ 4,646.00
0
$
2
$ 4 646.011
750
Landscape Earth Mounds
LS
$ 21,000.00
$ 21,000.00
0
S
1
$ 21,000.00
760
Street Trees
FA
$ 444.1S
$ 39,085.20
0
$
88
$ 39,085,20
770
Sewer Manhole Maintenance Access RoaLl�gSY
$ 46.80
$ 39,962.00
0
S
Su
$ 39,962.00
Subtotals $ 672,710AS S 12,384.00 S 660,326.45
Miscellaneous Costs
780
Engineering- Construction Observation/Final
Certification
1
LS
$ z1,500.00
$ 21,500.110
0
$
1
$ 21,SOO.00
790
Flathead Electric Cooperative Costs
1
LS
$ 242,208.00
$ 242,208.00
0
S -
1
$ 242,208.00
800
Northwestem Energy Costs
1
LS
$ 104,152.00
$ 104,152.00
1
$ 104,1S2.00
0
S
Subtotals $ 367,860.00 5 104,152.00 $ 263,708.00
As the Engineer for the Starting Subdivision I certify that this schedule is, to the best of my
knowledge, representative of the required work remaining to satisfy preliminary plat
conditions at this date, these are sound estimates of cost, and the improvements completed
to -date have been done so in substantial conformance with the approved plaosand
specifications. Improvements are to be completed by April 20, 2024.
S grad: - Date, 10 20 22
�entlly. P.E.
Foley Engineering, Inc.
105 Village Loop Suite 8
Kalispell, MT 59901
TOTAL AMOUNT OF WORK REMAINING 5 1,595,289.05
%CONSTRUCTION COMPLETE 67.$%
125%BONDING AMOUNT S 1,994,111.31
.• 4 ........ ••
EOLEY *:
• o` NO. 45474 P '� .
•s' zz�IZ'D a .
. S/ONA
Starling, Phases 1.3 Page 24a 2
FIRST INTERSTATE BANK -- KALISPELL BRANCH
IRREVOCABLE STANDBY LETTER OF CREDIT
NUMBER 22229341407
ISSUED IN KALISPELL, MONTANA ON NOVEMBER _22022
EXPIRATION BATE: JUNE 20, 2024
APPLICANT:
Starling Development, LLC
PO Box 99
Mount Vernon, IA 52314
BENEFICIARY:
City of Kalispell, Montana
201 1" Ave. East
Kalispell, Montana 59901
We, First Interstate Bank — Kalispell Branch, of 2 Main Street, P.O. Box 7130, Kalispell
Montana, 59904-0130 ('Bank"), at the request of Starling Development, LLC ("Applicant"),
hereby issue in favor of the City of Kalispell, Montana ("Beneficiary"), this Irrevocable
Standby Letter of Credit in the amount of $1,994,111.31 USD (One Million Nine Hundred
Ninety Four Thousand, One Hundred Eleven and 311100 US Dollars), under the following
terms:
We hereby undertake to promptly honor Beneficiary's sight draft drawn on us, indicating this
Letter of Credit No. 22229341407, for all or any part of this Credit if presented to Bank at 2
Main St. Kalispell, Montana 59904, during normal business hours, on or before the expiration
date, and accompanied by each of the following documents:
1. Beneficiary's written demand, dated and signed by an officer or authorized agent of
Beneficiary bearing the clause "We the undersigned hereby demand payment of the
sum of $_1,994,111.31 US Dollars under First Interstate Bank -Kalispell Branch
Irrevocable Standby Letter of Credit, Letter of Credit No. 22229341407, issued to
Beneficiary by First Interstate Bank -Kalispell Branch";
2. A written statement signed by the City Council of the City of Kalispell, Montana,
attesting that Starling Development, LLC, the Applicant herein, has defaulted on the
terms of the Subdivision Agreement dated October 20, 2022, as may be amended
and modified ("Agreement"), that all requisite notices have been given to Applicant
under said Agreement, and that all periods for Applicant to cure its default under
said Agreement have expired and Applicant has not done so; and
3. The original of this Letter of Credit;
Expiration Date; This Letter of Credit will expire June 20, 2024
If proper demand is made, funds shall be transmitted to Beneficiary by wire transfer, pursuant
to wire instructions provided by Beneficiary. Multiple drawings are permitted.
Notwithstanding the expiration date, this Irrevocable Standby Letter of Credit shall be
FIRST INTERSTATE BANK - KALISPELL BRANCH
IRREVOCABLE STANDBY LETTER OF CREDIT NO, 22229341407
cancelled effective the date of receipt by Bank of the original Irrevocable Standby Letter of
Credit and the Beneficiary's dated and signed letter addressed to Bank, referencing this Letter
of Credit number and requesting the cancellation of same.
Notices concerning this Irrevocable Standby Letter of Credit may be sent to a party by courier,
certified mail, registered mail or similar communications facility, to its respective address set
forth herein. Any notice, demand, request or other communication is deemed to have been
received by the party to whom it is sent at the time of its delivery if personally delivered, or on
the business day following its receipt if mailed by registered mail, as the case may be, but if
mail is interrupted by force majeure or other cause beyond the control of the parties, then the
party sending the notice, demand, request or communication shall use any of the services that,
have not been so interrupted to deliver the notice, demand, request or other communication, in
order to ensure prompt receipt of the notice, demand request or other communication, by the
other party. Each party may notify the other of any change of address in the manner provided
above.
This Irrevocable Standby Letter of Credit, shall be governed by the International Chamber of
Commerce's International Standby Practices ("ISP 98") except to the extent that the terms
hereof are inconsistent with the provisions of the ISP 98, in which case the terms of this
Irrevocable Standby Letter of Credit shall govern.
This Irrevocable Standby Letter of Credit will be governed by federal law applicable to the
Bank and, to the extent not preempted by federal law, the laws of the State of Montana without
regard to its conflict of law provisions, and, except to the extent such laws are inconsistent
with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the
International Chamber of Commerce, ICC Publication No. 600. This Agreement has been
accepted by the Bank in the State of Montana. The parties hereby irrevocably consent to the
exclusive jurisdiction of the courts of the State of Montana.
FIRST INTERSTATE BANK- KALISPELL
BRANCH
Its: L�
Date:
2
FIRST INTERSTATE BANK — KALISPELL BRANCH
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 22229341407
Development Services
Department
]KAILISPEILIL 201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758 794Q
FINAL PLAT
Email: planningakalispell.com Website: www.kalispell.com
Project Name
Starling Phases 1 - 3
Property Address
Stillwater Road
NAME OF APPLICANT
Starling Development LLC, Attn: Greg Starton
Applicant Phone
(509) 979-1333 (Tom)
Applicant Address
Kilday Stratton, 2880 Technology Blvd, Ste 279
City, State, Zip
Bozeman, MT 59718
Hppiican[ tmaii Address
greg@kildaystratton.com and Debbie@kildaystratton.com
If not current owner, please attach a fetter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD Same Owner Phone
Owner Address City, State, Zip
Owner Email Address
CONSULTANT (ARCHITECT/ENGINEER) Phone
Foley Engineering, Attn: Brent Foley PE
Address 105 Village Loop, Suite B city, State, Zip Kalispell, MT 59901
Email Address
Brent@foleyeng.com
POINT OF CONTACT FOR REVIEW COMMENTS Phone
Sands Surveying, Inc Atttn: Eric Mulcahy (406) 755-6481
Address 2 Village Loop 77��
tate, Zip Kalispell, MT 59901
Emaii Address
eric@sandssurveying.com
List ALL owners (any individual or other entity with an ownership interest in the property):
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
Starling , Phases 1 - 3, SE114 NE114 and NE114 SE114 of Section 35, T29N, R22W, P.M.M., Flathead
ehm please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
Development Services
<A VY <)I Department
201 1st Avenue East
AILI[ S P ELL Kalispell, ) 7 59901
Phone (401i58.7940
1. Date of Preliminary Plat Approval 1014121
2. Type of Subdivision: Residential Industrial Commercial PUDZ Other
3. Total number of lots in Subdivision: 72 Lotr
4. Land in Project (acres) 20.84 ac 6. Cash -in -lieu $ n1a
5. Parkland (acres) 4.5 ac 7. Exempt No
S. Number of lots by type:
Single Family 31 Multi -Family One Lot
CommerclaIII ndUstrial Mobile Home
RV Park
Townhouse (sublots) 41 Other
INSTRUCTIONS FOR FINAL PLAT
1. Attach a letter, which lists each condition of preliminary plat approval, and individuaily state how each condition has specifically been met. In cases where
documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blank statements
stating, for example, "all improvements are in place" are not acceptable.
2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat.
3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars.
REQUIRED SUBMITTALS
Attached Not Applicable
Cover letter addressing preliminary plat conditions w/ attachments
Title Report (Original, not more than 90 days old)
Tax Certification (Property Taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvement Agreement (Attach signed
original & collateral)
Parkland Cash -in -lieu (Check attached)
Water rights transfer
Copy of CCR's
Plats (2 mylars & 1 electronic copy) - other attachments required per
appendix D of subdivision regulations
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 incorrect or 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 City staff to
be present on the property for routine monitoring and inspection during the approval and development process,
Applic L$iq r Date
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
November 3, 2022
Kalispell Planning Office
PJ Sorenson, Senior Planner
201 1 st Avenue East
Kalispell, MT 59901
Dear PJ:
Attached please find the materials necessary to review and approve the final plat for Starling
Phases 1 - 3. 1 have listed the Conditions of Approval and address how each Condition is met.
The the application for Final Plat is an SIA for completing infrastructure. The SIA indicates
67.8% of the improvements are complete and the applicant is providing a Letter fo Credit for
125% of the cost of improvements which comes to $1,994,111.31
Starling Phases 1 - 3 was granted Preliminary Plat approval on October 4, 2021 (KPP-21-06).
The conditions of approval are addressed as follows.
The Planned Unit Development for Starling 1 — 8 allows the following deviations from the
Zoning Regulations:
(1) Use: Section 27.09.010 and 27.09.030 — Phase 3 uses may include any permitted
uses allowed under B-1 zoning. Accessory dwelling units are allowed on Lots 14,
20, 21, 27, 28 & 34 in Phase 2 and future phases subject to review. ADU's would be
subject to general zoning requirements as well as a requirement that (a) any lot with
an ADU be a minimum width of 50 feet with a minimum depth of 100 feet; (b) they
meet the setbacks for a principal structure; and (c) that the parking for the ADU
would be one additional parking space rather than two. The proposal would allow
the ADU to be attached or detached from the principal structure.
(2) Lot Area: Section 27.090040(1) — The minimum lot size in the RA-1 is 6000 square
feet. This deviation would allow a minimum lot size of 4000 square feet for a single
family lot and a minimum lot size of 2350 square feet per unit for a parent lot with
town homes/sublots.
(3) Lot Widths : Section 27.09.040(2) — The minimum Lot Width in the RA-1 zone is 50
feet. This deviation would allow a minimum width of 40 feet.
(4) Setbacks" Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in Front,
5 feet on side, 10 feet in rear, 15 feet on the side corner, and 20 feet to garage from
street right-of-way. This deviation would allow a side setback of 3 feet.
(5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the
RA-1 zone if 45%. This deviation would allow the maximum lot coverage of 60%
This condition is acknowledged and the deviations are listed on the face of the plat.
2. The Planned Unit Development for Starling Phases 1 — 8 allows the following deviations
from the Kalispell Subdivision Regulations
Starling Phases 1 - 3
Page 1
(1) Road Sections: Section 28.3.14 — This deviation would allow three alternative road
sections: (a) 80-foot urban collector with a 16-foot landscape boulevard; (b) 30 foot
wide alleys; and (c) the 32 foot wide woonerf.
(2) House Orientation: Section 28.3.14(F)(1) — This deviation allows homes to face
Stillwater Road provided that access is provided only from the alley behind homes.
(3) Alleys as primary access: Section 28.3.11(B) and (C) — This deviation allows homes
along Stillwater Road to be accesses only from an alley.
This condition is acknowledged and the deviations are on the face of the plat.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/Zone Change becomes effective.
This condition is met as the City Council approved Ordinance 1865 on October 18, 2021
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specification as well as any additional
conditions associated with the preliminary plat as approved by the City Council.
This condition is met. The final plat is in compliance with the approved PUD and Plat.
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
provision 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 issuance of
building permit.
Per communications with City staff this condition is no longer applicable.
6. Upon approval of the PUD by the City Council, the property owner shall proceed with
with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the
Kalispell Zoning Ordinance.
A final PUD is not required in this instance as the Final Plat is substantially compliant
with the approved PUD. There have been some minor dimensional changes but the plats
are essentially the same.
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.
This condition is met and the final plat is submitted prior to the expiration.
8. The stormwater 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 the public Works to develop a design that is both visually
appealing and meets the required safety guideline. It is intended that when the project is
developed the ponds will act as features, particularly along roadways, rather than a
private maintenance utility facility.
This condition is met. Stormwater was reviewed and approved by the Kalispell Public
Works Department per letter dated March 24, 2022. The Kalispell Parks Department
has reviewed the parks plan
9. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
This condition is met and the final plat is submitted prior to the expiration.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval of a stormwater 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.
This condition is met. See letter from Kalispell Public Works dated March 24, 22 and the
MFE approval from MDEQ (EQ#22-2268) and Letter from Foley Engineering (10/19/22).
11. 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 from the stormwater discharge associated with construction activities.
This condition is met. See attached DEQ Permit dated 10/21/21 and Kalispell Public
Works Department letter of 11/02/21
12. The developer shall submit water and sanitary sewer plans, applicable specification, 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.
This condition is met. See letter from Kalispell Public Works dated March 24, 22 and the
MFE approval from MDEQ (EQ#22-2268).
13. New infrastructure required to serve the subdivision shall be designed and constructed
in accordance with the City of Kalispell's Standards for Design and Construction. All
design work shall be reviewed and approved in writing by the Kalispell Public Works
Department prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard, and sidewalks.
This condition is met. See letter from Kalispell Public Works dated March 24, 22
14. Water and sewer main extensions shall be designed and constructed in accordance with
the City of Kalispell's Standards for Design and Construction and in compliance with the
city's facilities update and extension of services plans. The water and sewer main
extension plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to Public Works
Department stating that the water and sewer mains have been built and tested as
designed and approved..
This condition is met. The improvements are in place. See letters from Foley
Engineering certifying the construction of sewer and water facilities.
15. 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.
This condition is met. See water rights transfer (doc# 202200026404)
16. The developer shall submit the street designs to the Kalispell Public Works Department
for review and approval prior to construction. Street designs shall meet the city
standards for design and construction, except as otherwise provided herein.
This condition is met. See letter from Kalispell Public Works dated March 24, 22 a
17. Any lot adjacent to an alley shall access the home from the alley rather than the street.
This condition is met. See CC&R's Exhibit C, Section C(2)
18. No individual accesses to Stillwater Road are allowed.
This condition is met. See CC&R's Exhibit C, Section C(3)
19. The development's frontage on Stillwater Road shall be improved in accordance with
City Design and Construction Standards to a Minor Arterial standard including, but not
limited to Bike/Pedestrian path, curb/gutter, and landscape boulevard. Improvements
may include widening the road surface if necessary to meet those standards. A
dedication of an additional ten feet of right -of way is required to provide the required
width for a minor arterial.
This condition is met. The Stillwater Road ROW is 80 feet in width meeting the minor
arterial standards. Construction plan were approved by letter from Kalispell Public
Works dated March 24, 22
20. Internal streets shall be built to local and collector designs standards (the collector shall
be the extension of Timberwolf Parkway pursuant to the Standards for Design and
Construction including, but not limited to, sidewalks, landscape boulevard, street lights,
the curb/gutter, except as modified through deviations from the standards specified
herein.
This condition is met. See letter from Kalispell Public Works dated March 24, 22.
21. Additional connections are required to connect to the north from Phase 5.
This condition is met. The new preliminary plat for Phases 4 through 8 shows the
additional connections to the north.
22. Temporary turnarounds will be required as part of the final design until such time as a
connection is made in any dead-end location with the potential to be extended in the
future.
This condition is met. The temp cul-de-sacs are in place and appear on the face of the
final plat.
4
23. Alleys are also included within the plan shall be maintained as private alleys. The 30-
foot alley in Phase 2 will require a temporary turnaround until it is extended,
This condition is met. The temp cul-de-sac is in place and appear on the face of the final
plat.
24. The collector street name shall be Timberwolf Parkway rather than Dairyland Drive
pursuant to the City regulations that require extensions of roads to continue the existing
street name
This condition is met. The street name is Timberwolf Parkway.
25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and
approved by the Public Works Department. Per the City Standards for Design and
Construction, the development shall maintain or improve the existing level of service for
the affected roadways rather than simply maintaining an acceptable level of service. Any
improvements necessary to maintain the existing level of service will be required.
This condition is met. The northbound left hand turn is designed in the infrastructure
package approved by the City Public Works Department.
26. The traffic study also addressed the potential need for a roundabout at the intersection if
Timberwolf Parkway and Stillwater Road. Per the study, the roundabout is not required
at this time. However, further development on both sides of Stillwater likely means a
roundabout will be necessary at some point and providing for its location at the
intersection of Timberwolf Parkway with dedication of right-of-way for a future
improvement is appropriate. The proposed plat shows the right-of-way dedication. In
addition, a note shall be placed on the final plat waiving the right -to protest of an SID for
the roundabout construction that would apply to any lots within the development.
This condition is met. The roundabout easement is shown on the face of the plat. The
waiver of protest to the construction of the roundabout is included on the face of the
final plat.
27. Any fencing along Stillwater Road shall be reviewed and approved by the City
Architectural Review Committee, which shall ensure consistency of colors and materials
to be used to present an aesthetically pleasing design.
This condition is met. See CC&R's on Page 21, Item 4.26
28. The recommendation in the Geotech report shall be followed, including providing
additional specific Geotech reports related to buildings and other site improvements for
the subject property, which are to be reviewed and accepted by the City of Kal8ispell
prior to construction.
This condition is met. See CC&R's Exhibit C, Section C(4)
29. Prior to final plat, a letter from the Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per City standards, and a proper bond has been
accepted for unfinished work
This condition is met. Acceptance Letters are pending.
30. All existing and proposed easements shall be indicated on the face of the final plat
Utility easements for the City Water and sewer shall be provided to allow for the logical
extension of utilities from the subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required easements
are being shown on the final plat.
This condition is met. See email for Keith Haskins approving easements.
31. 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 of
offering to provide telephone, telegraph, electric power, gas, cable television, water, or
sewer services 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,
and across each area designated on this plat as "Utility Easement" to have and to hold
forever.
This condition is met. The utility easement certificate appears on the plat.
32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating
the Service has reviewed and approved 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
main delivery sire 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.
This condition is met. See letter from USPS dated 9/30/22
33. A homeowners Association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads,
parks, and open space. Maintenance of private roads and alleys shall include both short
term and long term maintenance including but not necessarily limited to, snow plowing,
landscaping, sidewalks, street repairs, overlays, and rebuilds of the street.
This condition is met. See CC&R's Sections 2.9(d), 4.23 and 5.1
34. 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.
This condition is met. See letter from Kalispell Fire Department dated 9/12/22.
35. A letter shall be obtained from the Kalispell Parks and Recreation Direction approving a
landscape plan for the placement of trees and landscaping materials within the
landscape boulevards of the streets serving the subdivision. The approved landscape
plan shall be implemented or a cash in lieu payment for the installation of the street trees
and groundcover be provided to the Kalispell Parks and Recreation Department.
This condition is met. According to the parks Director a Letter should be coming today
approving the parks plan. Street Trees are included in the SIA
36. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat for Phase 1, and the plan shall show that the parkland dedication requirements
is met for each phase.
This condition is met.
For Phases 1-3 we are required to dedicate 0.03 acres per lot for parkland. There are 72
lots in Phases 1-3 which works out to 2.16 acres. We are providing 3.149 acres of
parkland for Phases 1 -3. The surplus of parkland will be applied to future phases
37. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a parks maintenance district. This district shall only be activated in the event that the
property owner's association defaults on their park and open space amenity conditions.
The assessments levied within the maintenance district shall be determined by the parks
and recreation department with approvals by the Kalispell City Council.
This condition is met. The waiver appears on the face of the final plat.
38. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a stormwater maintenance district. This district shall only be activated in the event
that the property owners default on the maintenance of the approved stormwater
facilities. The assessment levied within the maintenance district shall be determined by
the Public Works Department with approvals by the Kalispell City Council.
This condition is met. The waiver appears on the face of the final plat.
39. A minimum of two thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
This condition is met. The applicant is presenting a SIA for $1,994,111.31 to complete the
improvements. The SIA states that 67.8% of the improvements are complete.
40. All utilities shall be installed underground and in location that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for Design
and Construction..
This condition is met.
41. All areas disturbed during the development shall be revegetated with a weed -free mix
immediately after development
This condition is met.
Attached please find a title report and tax certification. Thank you for your kind consideration of
this application. If you should have any further questions or concerns, please do not hesitate to
call.
Sincerely,
Eric H. Mulcahy, AICP
Sands Surveying, Inc.
Attach: Final Plat Application
Application Fee - $9850.00
Cover Letter
Subdivision Improvements Agreement
LOC in the amount of $1,994,111.31
Foley Engineering Certification Letters — Sewer, water, & stormwater (10/19/22)
Kalispell PW Approval (March 24, 2022)
M DEQ Approval EQ #22-2268 (March 31, 2022)
DEQ NOI Approval (October 22, 2021)
Kalispell PW Approval of Stormwater Management Plan (November 2, 2021)
Kalispell Fire Department Approval (September 12, 2022)
USPS Approval (9/30/22)
Parks Department Approval of Parks Plan (Pending)
Water Rights Transfer (Doc # 202200026404)
CC&R's Starling Phases 1 - 3 Subdivision
Kalispell PW Acceptance Letter (Pending)
Email — Keith Haskins (10/5/22)
Stormwater Maintenance Plan
Fidelity National Title Subdivision Guarantee (FT1585-223509; dated 9/14/22)
Consent to Plat, First Interstate Bank (10/2/22)
Tax Cert
A�tNlk
FOLEYENGINEEPING
October 19, 2022
City of Kalispell Public Works Department
Attn: Keith Haskins
201 1st Ave. East
Kalispell, MT 59901
Subject: Starling, Phases 1-3
Engineer's Certification — Water System
Dear Mr. Haskins:
This letter serves as notification that water main construction and testing for the water system on the above -mentioned
project has been completed. As the engineer for this project, I certify that the water system construction and testing was
completed in substantial conformance with the approved plan set and specifications and there are no deviations from
the design standards other than those previously approved by the City. City personnel was on site during most of the
water system testing.
A summary of testing is as follows:
Chlorination and disinfection
Chlorination of the water lines was completed on 9/02/22 per City standards at a concentration of approximately 150
ppm for 24 hours.
Pressure Test
Pressure testing for the water main and services was performed on 9/07/22 in substantial accordance with City standards
for 2 hours at 128 psi. Pressure testing was repeated on several sections of pipe because of the installation of (3) blowoff
hydrants, a 2" curb stop for the irrigation water service and a meter pit and curb stop for a replaced %" water service. All
repeated tests were in substantial accordance with City standards, testing at or above 125 psi for a duration of two hours.
It appeared as though no tests dropped below the 5 psi limit in the 2 hour time duration as called out in MPWSS Section
02660 3,4.A,4.
Flushine and Bac-t Tests
Flushing of chlorinated water was performed after the 24-hour disinfection was completed on 9/02/22. City personnel
completed a velocity flush of the water system before each set of Bac-t samples. Bac-t samples were taken by the City
from seven locations around the water system following initial and repeated pressure testing, Test results from Montana
Environmental Laboratory LLC showed an absence of coliform bacteria in all samples taken.
Please do not hesitate to contact me if you have any questions regarding the completion of the water system.
Sincerely,
Brent Foley, P.E.
President/Principal Engineer
Foley Engineering, Inc.
T 406-314.6490
C 406.291.3331
E brent@foleyeng.com
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ZZt\lk
FOLEYENGINEERING
October 19, 2022
City of Kalispell Public Works Department
Attn: Keith Haskins
201 1st Ave. East
Kalispell, MT 59901
Subject: Starling, Phases 1-3
Engineer's Certification — Storm Sewer System
Dear Mr. Haskins:
This letter serves as notification that the storm sewer system construction and testing for the above -mentioned project
has been completed, As the engineer for this project, I certify that the storm system construction and testing was
completed in substantial conformance with the approved plan set and applicable City and DEQ requirements and there
are no deviations from the design standards unless previously approved by the City. Foley Engineering was on site to
observe installation. Both Foley Engineering and the City reviewed the testing of the storm water pipes.
A summary of testing is as follows:
T.V. Inspection
Copies of the T.V. Inspection of the entire northern storm system were received by Foley Engineering and the City on
9/22/22. No exceptions were noted in review of the video and it appeared to meet applicable specifications. Foley
Engineering and the City received a copy of the southern storm pipe network T.V. inspection on Thursday 9/29/22. Two
locations were identified that required correction. The corrections were made by the contractor and another T.V.
inspection was performed. No exceptions were noted in review of the video and all pipe sections appeared to meet
applicable specifications.
Please do not hesitate to contact me if you have any questions regarding the completion of the storm system.
Sincerely,
Brent Foley, P.E.
President/Principal Engineer
Foley Engineering, Inc.
T 406.314.6490
C 406.291.3331
E brent@foleyeng.com
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FOLFY
No. 49474 P
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FOLEYENGINE EPING
October 19, 2022
City of Kalispell Public Works Department
Attn: Keith Haskins
201 1st Ave. East
Kalispell, MT 59901
Subject: Starting, Phases 1-3
Engineer's Certification — Sanitary Sewer System
Dear Mr. Haskins;
This letter serves as notification that the sanitary sewer system construction and testing for the above -mentioned project has
been completed. As the engineer for this project, I certify that the sanitary sewer system construction and testing was
completed in substantial conformance with the approved plan set and applicable City and DEQ requirements and there are no
deviations from the design standards unless previously approved by the City. City personnel was on site during some of the
sanitary sewer system testing.
A summary of testing is as follows:
T.V, Inspection
T.V. inspections of the sanitary sewer system were reviewed by Foley Engineering and the City. Numerous locations required
repair. All parts of the system were fixed, re -inspected and appeared to meet MPWSS Section 02730 3.4.G by 10/17/22.
Mandrel Test
A deformed pipe was identified between SSMH(15)-(16) and the City required that the mandrel test be performed. The test
was performed on 10/14/22 in accordance with MPWSS Section 02730 3.4.H and appeared to meet applicable specifications.
Foley Engineering was present for the test.
Sewer Main Air Test
Air testing of the sanitary sewer main and service lines between each sanitary sewer manhole was completed by 10/14/22.
Testing was observed by Foley Engineering and appeared to meet MPWSS Section 02730 3.4.E.
Manhole Vacuum Test
Vacuum tests for all manholes were completed by 10/14/22 in accordance with ASTM C1244-02 test method guidelines. All
manholes held within 1 in. Hg of the minimum specified negative pressure (10 in. Hg) for a duration of time based on the
manhole diameter and depth.
Please do not hesitate to contact me if you have any questions regarding the completion of the sanitary sewer system.
Sincerely,
Brent Foley, P.E.
President/Principal Engineer
Foley Engineering, Inc.
T 406.3 14.6 490
C 406.291.3331
E brent@foleyeng.com
FOLEY
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City of Kalispell
P. O. 1997
Kalispell, MT 59901
Transfer of Ownership of Infrastructure Improvements
Re: Starling, Phases 1-3 Subdivision
We, the undersigned property owners, do hereby certify that We have caused to be designed, constructed and
tested the required infrastructure improvements necessitated by the development of Starling, Phases 1-3
Subdivision in accordance with the approved plans.
As a condition of this development, we dedicate the improvements to the City of Kalispell. These improvements
include al! improvements within the City right-of-way including streets; sidewalks; street lighting; storm sewer,
sanitary sewer, and water distribution mains; and other associated appurtenances. Also included in the dedication
are water and sanitary sewer mains and appurtenances located in easements outside of rights -of -way. Specifically
excluded from this dedication are stormwater facilities located outside of the City owned rights -of -way, which shall
be owned and maintained by the property owners (or HOA, POA, etc.).
go 411
Dated this 0th day of Oct , 1er 2Da2.
r`
Owner Signature —
Chad Pelley, Manager for Starling Development, LLC
[6-X-2zla�.
Date
NOTARY
On this 40 411
day of . 02-- , before me, the and rsi n a N to Public for the State
of Montana, personally appeared cha& P91le.� c�, it 2mg l Pn n> ttootme to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate
first above
�written. Q,,,, U ,
Notary Public, State of Montana
Printed Name:
Residing at:
My Commission expires:
M $4A
LEANN % BARE
NOTARY PUBLIC for the
�,oTa�rq�
State of Montane
i ,
Residing at Kalispell,
SEAL
Montana
My Commission Expires
�OF Moest
September 22, 2026
CITY OF Publiic Works Department
ALISPELL 201 ist Ave East Kalispell, Montana 59901
(406) 758-7720 www,kalisi)ell.com Project Number: 20220124-003
March 24, 2022
Brent Foley
Foley Engineering
105 Village Loop, Suite B.
Kalispell, MT 59901
brent@foleyeng.com
foleyeng.com
Re: Starling - Phase 1
Dear Brent Foley,
Thank you for your efforts in addressing the comments on this project.
Approval does not relieve you from designing, nor the contractor from constructing this project in accordance with the City
Standards currently in effect. The below referenced deviation requests are currently the only deviations approved for Starlin,
Phase 1. Any other deviations from City of Kalispell Design and Construction Standards or approved plans shall be submitted
for review and approval prior to construction.
Deviation to 5.1.2.B.V to allow water mains to be buried at deeper than 8 feet.
Deviation to 5.2.4.3 to not require a concrete bottom for a forebay.
Reviews are completed at $180 each, your Plan Review total is $360.00 Please remit this payment to the Public Works
Department.
This approval is valid for 18 months from the date of this letter. If more than 18 months lapse before completing the project,
plans, reports, and specifications shall be resubmitted and approved before construction continues. Please contact the Public
Works Department if you have any questions or need clarification on any items,
This approval is for the Public Works Department only and does not necessitate a full City approval. If additional approvals
from other City Departments are required, they should continue to be pursued.
Please contact Mark Crowley at (406) 758-7776 or mcrowley�kalispell.com to schedule a pre -construction meeting prior to
initializing any construction on the site. A Right -of -Way permit and Construction Stormwater Permit must be obtained
by the prime contractor for the project and are accessed online on the City's website.
At project completion, please provide the city with record drawings meeting the requirements of Section 1.6 of the City Design
and Construction Standards. The warranty period will not commence until construction is complete. certified, and accepted and
record drawings are received.
Sincerely,
i
Patrick Jentz, P.E.
Engineer II
(406)758-7959
Page 1 of 1
CITY OF
KALISPELL
November 14, 2022
Brent Foley, PE
President / Principal Engineer
Foley Engineering
105 Village Loop, Suite B
Kalispell, MT 59901
Re: Final Plat Conditions — Starling Phases 1-3
Dear Mr. Foley,
The purpose of this letter is to address the Public Works related conditions required prior to Final
Plat as referenced in the conditions of Preliminary Plat described in Resolution No. 6054. The
following conditions require Public Works approval and appear to be applicable to the Final Plat
of phases 1-3 of Starling:
Condition 2(1): Road Sections: Section 28.3.14 This deviation would allow three
alternative road sections: (a) 80 foot urban collector with 16 foot landscape boulevards; (b) 30-
foot-wide alleys; and (c) the 32 foot wide woonerf.
The Civil Engineering design for Starling was approved on March 24, 2022. Timberwolf
Parkway was designed in accordance with part (a) above and the alleys were designed in
accordance with part (b) above. There are no woonerfs included in this design. Condition
2(1) of the preliminary plat conditions shall hereby be considered satisfied.
Condition 8: 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 develop 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.
Two temporary stormwater forebays were designed and constructed as part of Phases 1-3.
The forebays meet the water quality requirements of the Standards for Design and
Construction and route the site water to the regional stormwater pond previously constructed
by the city to serve the growth area. No fences are required. The forebays will be replaced or
expanded as development continues to the west. Condition 8 of the preliminary plat
conditions shall hereby be considered satisfied from the Public Works perspective. This
condition also requires Parks approval.
201 lst Avenue E IPhone (406)758-7720
PO Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 www.kalispell.com
Condition 10: 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.
The Civil Engineering design for Starling was approved by the City of Kalispell Public
Works Department on March 24, 2022. A construction certification for the Storm Sewer
System was received on October 19, 2022 from Foley Engineering. Condition 10 of the
preliminary plat conditions shall hereby be considered satisfied.
Condition 11: 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.
An erosion and sediment control plan was submitted to the City of Kalispell and a
Construction Stormwater Permit 9 SW21-0224 issued to Nelcon, Inc. MDEQ SWPPP Permit
Number MTR109214 was also issued to Nelcon, Inc. Condition 11 of the preliminary plat
conditions shall hereby be considered satisfied.
Condition 12: 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.
The Civil Engineering design for Starling was approved by the City of Kalispell Public
Works Department on March 24, 2022. The water and sanitary sewer design was also
approved on April 1, 2022 by MDEQ. Condition 12 of the preliminary plat conditions
shall hereby be considered satisfied.
Condition 13: New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City ofKalispell's Standard for Design and Construction. All
design work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall included but not be limited to streets, street lighting,
street signage, curb, gutter, boulevard and sidewalks.
The Civil Engineering infrastructure design for Starling Phases 1 -3, as specified in
Condition 13 above was approved by the City of Kalispell Public Works Department on
March 24, 2022. Condition 13 of the preliminary plat conditions shall hereby be
considered satisfied.
Page 2 of 6
Condition 14: Water and sewer main extensions shall be designed and constructed in accordance
with the City of Kalispell 's Standards for Design and Construction and in compliance with the
city's facilities update and extension ofservices plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a
certification shall be submitted to the Public Works Department stating that the water and sewer
mains have been built and tested as designed and approved.
The water and sewer infrastructure design for Starling Phases 1 -3, as specified in Condition
14 above were reviewed by engineering staff and approved by the City of Kalispell Public
Works Department on March 24, 2022. Construction certifications for water and sewer
engineering certifications were both received on October 19, 2022. Condition 14 of the
preliminary plat conditions shall hereby be considered satisfied.
Condition 15: 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.
A Deed Transferring Water Rights was recorded with the County on October 7, 2022.
Condition 15 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 16: The developer shall submit the street designs to the Kalispell Public Works
Department for review and approval prior to construction. Street designs shall meet the city
standards for design and construction, except as otherwise provided for herein.
The street design for Starling Phases 1 -3, as specified in Condition 16 above were reviewed
by engineering staff and approved by the City of Kalispell Public Works Department on
March 24, 2022. Condition 16 of the preliminary plat conditions shall hereby be
considered satisfied.
Condition 17: Any lot adjacent to an alley shall access the home from the alley, rather than the
street.
All access to lots adjacent to alleys are designated to come from the alley. A minor deviation
was granted to allow ADU corner lots to have ADU access from the street, if they are built.
Condition 17 of the preliminary plat conditions is hereby considered satisfied.
Condition 18: No individual accesses to Stillwater Road are allowed.
All lots fronting Stillwater Road are only accessed from the alley. Condition 18 of the
preliminary plat conditions shall hereby be considered satisfied.
Page 3 of 6
Condition 19: The development's frontage on Stillwater Road shall be improved in accordance
with City Design and Construction Standards to a Minor Arterial standard including, but not
limited to, bike/pedestrian path, curb and gutter, and landscape boulevard. Improvements may
include widening the road surface if necessary to meet those standards. A dedication of an
additional ten feet of right-of-way is required to provide the required width for a minor arterial.
Road widening and improvements were completed or appropriately bonded for on the
development's frontage. 10 feet of additional right-of-way was provided and the western 40'
will be dedicated to the City of Kalispell as part of final plat. Condition 19 of the
preliminary plat conditions shall hereby be considered satisfied.
Condition 20: Internal streets shall be built to local and collector design standards (the collector
shall be the extension of Timberwolf Parkway) pursuant to the Standards for Design and
Construction including, but not limited to, sidewalks, landscape boulevard, street lights, and
curb/gutter, except as modified through deviations from the standards specified herein.
Internal streets have been built to local and collector design standards or have been
appropriately bonded for. Condition 20 of the preliminary plat conditions shall hereby be
considered satisfied.
Condition 22: Temporary turnarounds will be required as part of the final design until such time
as a connection is made in any dead-end location with the potential to be extended in the future.
Temporary turnarounds were provided on all dead-end streets and alleys. Condition 22 of
the preliminary plat conditions shall hereby be considered satisfied.
Condition 23: Alleys are also included within the plan shall be maintained as private alleys. The
30 foot alley in Phase 2 will require a temporary turnaround until it can be extended.
The final plat indicates the alleys will be privately owned and maintained. A temporary
turnaround was provided for the alley. Condition 23 of the preliminary plat conditions
shall hereby be considered satisfied.
Condition 24: The collector street name shall be Timberwolf Parkway rather than Dairyland
Drive pursuant to city regulations that require extensions of roads to continue the existing street
name.
The final plat correctly shows Timberwolf Parkway extending west from Stillwater road as a
continuation of the existing Timberwolf Parkway. Condition 24 of the preliminary plat
conditions shall hereby be considered satisfied.
Page 4 of 6
Condition 25: Prior to final plat, all mitigation recommended as part of the approved traffic
impact study relative to the given phase shall be completed. All improvements shall be reviewed
and approved by the Public Works Department. Per the city Standards for Design and
Construction, the development shall maintain or improve the existing level ofservice for the
affected roadways rather than simply maintaining an acceptable level ofservice. Any
improvements necessary to maintain the existing level ofservice will be required.
The TIS for the project shows a level of service drop from B to C at the intersection of Four
Mile Drive and Stillwater Road. This drop in level of service was mitigated with the
intersection work already completed for the apartment complex near the intersection at 430
Stillwater. Condition 25 of the preliminary plat conditions shall hereby be considered
satisfied.
Condition 26: The traffic study also addressed the potential need for a roundabout at the
intersection of TimberwolfParkway and Stillwater Road. Per the study, the roundabout is not
required at this time. However, further development on both sides of Stillwater likely means a
roundabout will be necessary at some point and providing for its location at the intersection of
TimberwolfParkway with dedication of right-of-way for a future improvement is appropriate.
The proposed plat shows the right-of-way dedication. In addition, a note shall be placed on the
final plat waiving protest of an SID for the roundabout construction that would apply to any lots
within the development.
Right-of-way to accommodate a future roundabout has been dedicated as part of the final
plat. The waiver of protest to create an SID for the roundabout construction has also been
included. Condition 26 of the preliminary plat conditions shall hereby be considered
satisfied.
Condition 28: The recommendations in the Geotech report shall be followed, including
providing additional specific Geotech reports related to buildings and other site improvements
for the subject property, which are to be reviewed and accepted by the City of Kalispell prior to
construction.
The recommendations of the geotech report, unless modified by the minimum requirements
of the Standards for Design and Construction, have been followed. Building specific
requirements or reporting may be required by the building department prior to building
permit issuance. Condition 28 of the preliminary plat conditions pertaining to the Public
Works Department shall hereby be considered satisfied.
Condition 29: 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, any
private infrastructure has been constructed per city standards, and a proper bond has been
accepted for unfinished work.
All new public infrastructure has been accepted by Public Works or has been appropriately
bonded for. Condition 29 of the preliminary plat conditions shall hereby be considered
satisfied.
Page 5 of 6
Condition 30: All existing and proposed easements shall be indicated on the face of the final
plat. Utility easements for city water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on the
final plat.
All existing and proposed easements for Phases 1-3 have been reviewed by Public Works and
are acceptable. Utility extensions allow for logical connections and extensions for future
development. Condition 30 of the preliminary plat conditions shall hereby be
considered satisfied.
Condition 32: Prior to 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.
The mailbox pullout site was reviewed as part of the civil engineering plans and approved by
Public Works as part of the overall engineering approval on March 24, 2022. Condition 32
of the preliminary plat conditions shall hereby be considered satisfied.
Sincerely,
Keith "kins,E
Deputy Public Works Director / City Engineer
CC: PJ Sorenson, Esq. — Senior Planner
Page 6 of 6
Montana Qepar# t QA�JrAh-,
of Environmental Quality
March 31, 2022
Brent Foley
Foley Engineering
26 Village Loop
Kalispell MT 59901
RE: Starling Phase 1
Municipal Facilities Exclusion
EQ# 22-2268
City of Kalispell
Flathead County
Dear Mr. Foley;
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not
subject to review, and the Declaration can be filed with the county clerk and recorder.
Mans and sp:;ciflcations mint be submitted when extensions of municipal far-ilities for the supply of water or
disposai of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water
Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title
76, Chapter 4.
Starling Phase 1 Municipal Facilities Exclusion will consist of 72 Lots.
Sincerely,
M: rgarite Ju •ez T homas
Section Supervisor
Engineering Bureau
Department of Environmental Quality
(406) 755-8956
Email MJuw-ez`fhomas(a�mt.gov
cc: City Engineer
County Sanitarian
Owner
file
Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.dLq.mt.gov
Montana Department
of Environmental Quality
April 1, 2022
Brent Foley, P.E.
Foley Engineering
105 Village Loop, Suite B
Kalispell, MT 59901
RE: Starling Subdivision Phase 1-3, EQ#22-1871
Dear Mr. Foley:
Information for the above referenced project was received on January 201h, and March 17't', 2022. All
information has been reviewed in accordance with Department of Environmental Quality Design Standard
DEQ-1 Standards for Water Works and DEQ-2, Design Standards for Wastewater Facilities. The request
to install approximately 2,367 lineal feet of 8" DR 18 C-900 water main, 856 lineal feet of 12" DR 18 C-
900 water main associated hydrants, approximately 4,441 lineal feet of 8" SDR35 PVC sewer main and
associated manholes located within the City of Kalispell is hereby approved.
Approval is based on plans received under your engineering seal: Brent Foley No 49474 PE. A copy of
the plans and specifications bearing the approval stamp of the Department of Environmental Quality is
en.:.osed. The second set will be retained as Depart.:>,ent record, and the third set will be sent to the
county satlitarians.
Department approval of this project covers only those portions of the plans and specifications that are
subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the
Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found
within the plans and specifications that are outside of the Department's review authority, including but
not limited to, electrical work, architecture, site grading or water and sewer service connections.
The project may not be placed into service until the project engineer or designer certifies by letter to the
Department that the activated portion of the project was constructed in substantial accordance with the
plans and specifications approved by the Department and there are no deviations from the design
standards other than those previously approved by the department. Within 90 days after the completion
of construction, a complete set of certified "as -built" drawings must be signed and submitted to the
department.
Construction of this project must be completed within three years of this date. If more than three years
elapse before completing construction, plans and specifications must be resubmitted and approved before
construction begins. Thank you for your efforts to meet our requirements. If I can offer any further
information or assistance, please feel free to contact me at (406) 444-6713.
rely,
Au-1 kimonic
Public Water and Subdivisions Bureau
cc: Flathead County EH Office
Greg Gianforte, Governor I Chris Dorrington, director I P.O. Box 200901 l Helena, MT 59620-0901 1 (406) 444-2544 4 www,deq.mt.gov
D
EAQ911ft,
Montana l7epa2ment
of Environmental Quality
October 22, 2021
Cameron Dustin
Nelcon Inc.
P.O. Box 5370
Kalispell, MT 59903
RE: Confirmation Letter, Notice of Intent (NOI) MTR109214; Starling Subdivision Pleases 1-3
Effective January 1, 2021 a sign or other form of notice to publicly display confirmation of coverage is required on
site.
Dear Cameron Dustin:
The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI
and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water Discharges Associated with
Construction Activity (SWC-GP) on October 23, 2021. Your authorization number under the SWGGP is MTR109214.
Please include this number on any correspondence with DEQ regarding this site.
This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the information you
provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have
read, understand, and are implementing all applicable requirements.
Specifically, the SWC-GP:
Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP),
Defines the inspection process, and
Defines record keeping requirements (refer to Part 2.5 of the General Permit).
The SWC-GP and additional guidance materials can be. viewed and downloaded from out FACTS page at
http://deq.mt.gov/Public/FACTS or the MT DEQ website at http://deq.mt.gov/Water/StormWater/SLormSystems.
Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your
signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management
Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a
complete NOT is received.
Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. If you
have questions regarding SWC-GP requirements, please contact me at (406) 444-0574 or via email
catherine.culver@mt.gov.
Sincerely,
t
Cathy Culver
Data Control Tech
Agency Use
WATER Pen -nit No.: MTR109214
PROTECTION Date Ree'd
Amount Rec'd
Check No.
Montana Department BUREAU Rec'dBy
of Environmental (duality DateGen'd 10/21/2021
App, Doc. Version No.: 4
Application: Notice of Intent
FORM Storm Water Discharges Associated with Construction Activity
NOI-SWC General Permit
MTR100000
The NOI form is to be completed by the owner or operator of construction activity eligible for
coverage under the Department's General Permit for Storm Water Discharges Associated with
Construction Activities. You must print or type legibly; forms that are not legible or are not complete or
are unsigned will be returned. You must maintain a coEy of the completed NOI form for your records.
Section A - NOI Status (Check one):
X New No prior NOI submitted for this site.
Renewal Permit Number:
Resubmittal/Administrative Processing
NOI Fee: $0.00
Section B - .Facility or Site Information (See instruction sheet.);
Site Name: Starling Subdivision Phases 1-3
Site physical address: Intersection of Stillwater & Timberwolf Parkway
City, State, Zip: Kalispell, MT, 59901
County: Flathead
Township, Range, Section: 29N 22W 35SN
Latitude: 48,2366793 Longitude:-114.353085
Is this facility or site located on Indian Lands? No
Section C - Applicant (Owner/Operator) Information
Applicant (Operator) Name: Nelcon Inc.
Mailing Address: P.O. Box 5370
City: Kalispell State: MT Zip: 59903
Applicant Type: Operator
Organization Type: Privately Owned Facility
Facility / Site Contact:
10/21/2021
Facility Contact: CAMERON DUSTIN Title: Project Manager
Mailing Address: P.O. Box 5370
City: Kalispell
Telephone: 406-250-1794
State: MT Zip: 59903
Email: edustin@nelcon.us
Section D - Existing or Pending Permits, Certifications, or Approvals
MPDES Permit: No 404 Permit (dredge & fill): No
UIC #: MGWPCS #: No
Plat Approval EQ #:
Other: No
Local Sediment and Erosion Control Requirements:
1. Is the construction project located within a regulated Municipal Separate Storm Sewer System (MS4)?
Yes
2. The applicant must contact the MS4 to verify if additional local sediment and erosion controls are required:
Name of MS4: CITY OF KALISPELL
MS4 Contact Name: Casey Lewis Contact Date: 21-Oct-2021
Submit the SWPPP to the MS4 if required. Any additional MS4 requirements must be incorporated into the
SWPPP.
Sage Grouse Habitat:
Visit the Montana Sage Grouse Habitat Conservation Program (Program) website to determine if the
construction project is located in designated sage grouse habitat (core, general, and/or connectivity). No
Yes: Submit application to the Program and attach resulting consultation letter.
No: Project is not located in a designated habitat.
Section E — Nature of Business (provide a brief description)
The owner is planning to build a 68-lot subdivision on 20.84 acres located west of the intersection of Stillwater
Road and Timberwolf Parkway in Kalispell, MT. The operator, Nelcon is responsible for: Phase I clearing,
grading, excavating, and site preparation; Phase 2- Infrastructure (roads, water, sewer, and storm) and Phase 3 -
Landscaping revegetation and site final stabilization.
SIC CODES (4-digit, in order of priority)
Code
Descri-ption
1623
Water, Sewer, And Utility Lines
1794
Excavation Work
1611
Highway And Street Construction
5039
Construction Materials
1771
Concrete Work
Section F - SWPPP Preparer and Administrator(s)
SWPPP Preparer:
Name DALTON WILLIAMS Title: Staff Engineer Position Title Staff Engineer
Mailing Address 102 Cooperative Way, Suite 100
City Kalispell State MT Zip 59901
10/21/2021
3 OT 14
Telephone 406-249-0173 Email dwilliams@waterenvtech.com
Company
Training Course WaterEnvironmentalTechnologies- SWPPP Preparer and Administrator Certificate Program
Date Completed 09-Jan-2020
SWPPP Administrator:
Name CAMERON DUSTIN Title: Project Manager Position Title Project Manager
Mailing Address P.O. Box 5370
City Kalispell State MT Zip 59903
Telephone 406-250-1794 Email cdustin@nelcon.us
Company Nelcon Inc.
Training Course Altitude- BMP 201-SWPPP Administrator Certification Training (Includes Preparer training)
Date Completed 31-Mar-2021
SWPPP Administrator:
Name DALTON WILLIAMS Title: Staff Engineer Position Title Staff Engineer
Mailing Address 102 Cooperative Way, Suite 100
City Kalispell State MT Zip 59901
Telephone 406-249-0173 Email dwilliams@waterenvtech.com
Company
Training Course WaterEnvironmentalTechnologies- SWPPP Preparer and Administrator Certificate Program
Date Completed 09-Jan-2020
Section G - Receiving Surface Water(s):
Storm Water Outfall/Discharge Locations: For each outfall, list latitude and longitude to the nearest 15
seconds and the name of the receiving waters
Outfall
Latitude
Longitude
Receiving Surface Waters
001
48.2335350
-114.354801
SPRING CREEK: Spring Creek
MAP: Attach a USGS topographic quadrangle map extending one mile beyond the property boundaries of the
site or activity identified in Section B depicting the facility or activity boundaries, major drainage patterns, and
the receiving surface waters stated above.
Waterbodies with Impairments {see instructions}:
Are any of the above waterbodies listed as impaired for potential pollutants from your construction activities.
(see instructions for accessing the Clean Water Act Information Center }
Yes
If yes, have you updated the SWPPP to include BMPs that target and reduce discharges of the identified
pollutants causing impairment of the waterbodies and any TMDL requirements?
Yes
Section H — Describe the Construction Activity or Project Please
Describe the Construction Activity or Project
The owner is planning to build a 68-lot subdivision on 20.84 acres located west of the intersection of Stillwater
Road and Timberwolf Parkway in Kalispell, MT. The operator, Nelcon is responsible for: Phase I clearing,
grading, excavating, and site re aration; Phase 2- Infrastructure roads, water, sewer, and storm and Phase 3 -
10/21/2021
Landscaping revegetation and site final stabilization.
Please provide a summary of Best Management Practices (Biws) in the SYVPPP
Phase 1 - Install: Straw Waddles, track pad, retention ponds, portable toilet (staked), dumpster (covered),
designate equipment staging area, and maintain vegetative buffers.
Phase 2 - Excavate/install water, sewer, and storm infrastructure. Excavate/ construct new approaches, roads,
sidewalks. Install inlet protection and concrete washout.
Phase 3 - Revegetation of all disturbed areas, remove temporary BMP's, stabilize pond, and achieve final site
stabilization.
Total site area (acres) 20,840
Area of Construction Related Disturbance (acres) 18.000
Estimated Project Start Date 08-Nov-2021 Estimated Project Completion Date 31-May-2022
Estimated Project Final Stabilization Date 10-Jun-2022
Project Type: Residential
History Property: No historic
Supplemental Information
CERTIFICATION
Applicant Information: This form must be completed, signed, and certified as follows:
• For a corporation,
(i) a president, secretary, treasurer, or vice-president of the corporation.
(ii) the manager of one or more manufacturing, production, or operating facilities.
For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
• For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking
elected official.
All Applicants Must Complete the Following Certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for submitting false information;
including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA]
A. Name (Type or Print)
CAMERON DUSTIN
B. Title (Type or Print)
Project Manager
C. Phone No.
406-250-1794
D. Signature
Digitally Signed - CROMERR Compliant
E. Date Signed
October 21, 2021
The Department will not process this form until all of the requested information is supplied, and the appropriate
fees are paid. Return this form and the applicable fee to:
Department of Environmental Quality
Water Protection Bureau
PO Box 200901
Helena, MT 59620-0901
406 444-3080
November 02, 2021
Dalton Williams
102 Cooperative Way, Suite 100
Kalispell, MT 59901
Re: Approval letter for City Stormwater Management Permit Number SW21-0224 for project
site: 662 STILLWATER RD, 599o1
Dear Permittee:
As of July 17th, 2017, all stormwater permits must be reviewed and approved before the
commencement of any land disturbing activity.
This letter serves as an approval letter to begin land disturbance for the above -referenced project site.
You are required to:
(1) Implement the City Stormwater Management Plan prior to any land disturbance
(2) Develop and maintain best management practices
(3) Terminate the permit once the site is properly stabilized
To keep track of current projects, yearly renewal is required. If your project will continue past December
31 st of the current year, permit renewal is required. Failure to renew your permit before January 1 st of
next year may incur a late fee.
Please review and follow the City Stormwater Management Ordinance 1600 (www,kalispell.com) and
the Erosion and Sediment Control Best Management Practices Reference Manual
(www.mdt.mt.gov/research/projects/env/erosion.shtml).
Note: This permit is separate from any permit required by other governmental agencies and does not
waive any obligation by you to obtain other permits or approvals that may be required. If you have any
questions, please call 406-758-5705 or email clewis(cDkalispell.com.
Sincerely,
Casey Lewis
Environmental Specialist
Public Works Department
City of Kalispell
201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 - Phone (406) 758.7720 - Fax (406) 758-7831, www.kalispell.com
rr, r
KALISPELL FIRE DEPARTMENT
Dan Pearce - Fire Chief Buz 1997
Jessica Kinzer Assistant Chief Po PO Firs( Avenue East
Cec Lee —Fire SecretaryKalispell, Montana 59901
Phone: (406) 758-7760
FAX(406) 758-7777
Re: Starling Subdivision Phases 1-3
September 12, 2022
Upon review of the Water Sheets submitted to Kalispell Fire Department for Starling Subdivision
Phases 1-3 (Foley Engineering Project 149.01 dated April 1, 2022); the Fire Department approves
the hydrant lavout/spacing. This approval does not include future development/expansions with
additional phases where additional hydrants might be needed.
Daniel Pearce
Fire Chief
City of Kalispell
"Protecting our community with the highest level of profess1&ffaJjVM -
CITY OF
KALISPELL
November 3, 2022
Kalispell Planning Department
Attn: PJ Sorenson
P.O. Box 1997
Kalispell, MT 59901
Phone: (406) 758-7932
Re: Starling
Dear PJ:
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
This letter is to serve as approval on the proposed landscaping plan for the boulevards, and parks
for Starling, per plans submitted by Design.5 Landscape and Architecture on October 26, 2022.
It is agreed that the developer will be responsible for submitting bonding for the remaining
improvements as specified on the submitted plans for Starling. The bond may not be longer than
a period of 18 months. At the end of the 18 months, the developer is responsible for planting and
maintaining the trees that have not been planted per the boulevard landscape plans that are
adjacent to lots that don't have a dwelling built on it. If there are utility conflicts with trees in
the boulevards, they will be installed in the park area to the north. All tree plantings are required
to meet the Street Tree Ordinance standards of 2 t/4" caliper and have a 4-foot fibrous mulch
around them in addition to meeting ISA planting standards. Prior to installation of the trees, the
developers landscape contractor is to contact our Parks Superintendent prior to any tree
plantings, about proper planting protocols and submit a planting permit. Rock in the boulevards
and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to
be authorized prior to installation. Irrigation will need to extend to the furthermost edges all
irrigated areas and provide head -to -head coverage. The HOA Park will be the sole responsibility
of the HOA to complete and manage along with any other green or open space of the project.
Final approval will be given upon completion, inspection and approval of the landscaping and
tree plantings at which time any bonding that has been submitted will be released after
acceptance completed landscaping. It should be noted that the trees and landscaping are under a
2-warranty period and should they die within this time frame, the developer will be responsible
for replacement. Our warranty period will not begin till our arborists accepts them meeting ISA
standards, our landscape ordinance, and our forestry ordinance.
If you have any concerns or questions, please give me a call.
Sincerely,
ld� �—
Chad Fincher, Parks and Recreation Director
Kalispell Parks and Recreation
UNITED ST/STES
A POST23L SERVICE
Foley Engineering, INC
105 Village Loop, SUITE b
Kalispell, MT 59901
REF: Starling Subdivision.
September 30 2022
Brent/Brock
I have reviewed the plat map for the Starling Subdivision Subdivision. I have agreed to the CBU units to
he placed on the pull off Timberwolf Parkway location between Lots 1 and Lot 10A This will be a 7-15-
unit,1-10-unit CBU with additional 2- 4-unit Parcel Lockers.
The CBU Unit will be installed prior to the residents moving into their homes. USPS will input the
addresses for this project into the AMS system once the address is received by the USPS from the
Developer and /or GIS Flathead count.
USPS will NOT retain individual keys for the project and hand out to the new residence will be the
responsibility of the leasing association. The USPS will retain ALL Parcel locker keys and will replace
them when broken or lost keys. The Leasing association will be charged a fee for lock replacement for
residents that have lost their keys.
(Please bring in keys for the parcel lockers to the front desk with the correct box numbers so that the USPS
can make a matrtr for this development and put the development on the bags of keys)
Developer and or HOA will be responsible for the maintenance and replacement of CBU and Parcel
locker if destroyed or stolen.
This is a condition of my approval so that the customers have a secure Mode of Delivery and will be able
to receive mail, parcels and to be added to the Automated Mail System (AMS) that the USPS provides
this for address conformation for Local, City, State and Federal Mandates.
Consider this letter as approval of the site for US Postal Service Delivery.
Respectfully,
Larry A. Golie
{ Postmaster
350 N. Meridian RD
Kalispell, MT 59901-9998
b" 406-257-9796
ELawrence.A.Golle@USPS.GOV
FCA Flathead Station
UMTED STATES
POSTAL SERVICE
RgNG�P
pIiV
0G�R
- �11RBRlyg
11zt �
"Efficiency is doing things right, Effectiveness is doing the right things." - Peter Drucker
UNITED STATES
06FA SSiERVICETw
NAME OF PROJECT S t
ADDRESS OF PROJECT
POST OFFICEIZIPCODE X
w
MODE OF DELIVERY AGREEMENT
DAKOTAS DISTRICT
DATE 7/A / 2 0
ROPOSED ROUTE # e
Estimated 1ST Occupancy Date; �_Z"Total Number of Deliveries Upon Completion: _
Delivery options will be explained by LISPS representative (options shown in gray below).
Type of ProWct
Office Bldg
Shopping Mall
Strip Mall
Apts./Condos
Townhouses
Single Family Homes
Trailer Park
Other
Deliveries E ui ment-T 19
t3 - ' J 0 V rJ G �
6 uNr1
-G VN
DEVELOPER / CONTRACTOR / OWNER RESPONS1131LITY IS AS FOLLOWS:
Location and installation of all receptacles must be approved by USPS representative.
Concrete oads for CBQ's are required to meet USPS specifications.
Concrete pads for CBU's are installed by. Developer �f' Other
Equipment purchased by: Developer Other
Equipment installed by: Developer z Other
Equipment owned/maintained by: Developer ?4 Property AgentfHOA
Keys issued and maintained by: Developer_ USPS _�!f Other_ .prAce. I 1oi k.v ory O ti
Locks changed by: Developer ____ USPS ,, Other
Residents of single-family homes must be informed of their ongoing responsibility for keys;
box maintenancetrepair, snow removal, etc.
Note: On multi -tenant delivery and/or rental situations, the building owner/manager is responsible
for lock changes.
This notice will serve as an Agreement / Letter of Consent to the Postal Service for the placement of Centralized
Delivery Equipment at the agreed upon location(s) indicated on the plat map. By signing below, I acknowledge
that the contractor options and responsibilities outlined above for receiving mail delivery service have been
discussed with me,
USPS REPRESENTATIVE
NAME 1'^4 " I, C-
TITLE 0S7 rnA-ST`A
SIGNATURE
TELEPHONE # VOt ZS-7 %7
DATE
PROPERTY DEVELOPERIMGRIOWNER
NAME T-*�Q wb 1 e
TITLE LJ4+i�h1'(� t
SIGNATURE
TELEPHONE #t U Co _ S3 FS�a 3
DATE
This agreement is subject to final approval by District Operations Programs. Submit completed agreement and other
required attachments to
Growth Management, Operations Programs
2801 S Kiwanis Ave, Suite 400
Sioux Falls, SD 571.05
Fax # 605-333-2777
Illlfllllllll�ll[l[illilllll(IIIII1111lIf11111IINlll111111lll111111111111lll 202226404
Page°10
of7
Debbie Pierson, Flathead Countyy F742 �58.00
MTh JW 10 T 2022 2:23 pM
Please return after recurdinu to:
Roger A. Noble
Water & Environmental Technologies
102 Cooperative Way, Suite 100
Kalispell, MT 59901
DEED TRANSFERRING WATER RIGHTS
FOR VALUBLE CONSIDERATION, the receipt of which is acknowledged, Starling
Development LLC, a Montana limited liability company, of P.O. Box 99, Mount Vernon, Iowa,
52314-0099 ("Granter"), hereby grants, bargains, sells and conveys to the City of Kalispell of P.O.
Box 1997, Kalispell, Montana 59903 ("Grantee"), and the Grantee's heirs and assigns, forever, the
following described item located in the County of Flathead, State of Montana, and more particularly
described as follows:
Those certain water rights and associated rights described on Exhibit A, attached
hereto and incorporated herein.
TOGETHER WITH all easements or other rights that may be appurtenant to or associated
with the said water rights, and TOGETHER WITH any after -acquired interest in the said water
9r rights, TO HAVE AND TOH OLD, all and singular the above -mentioned and described water rights,
together with appurtenances, unto the Grantee, and to the Grantee's successors and assigns, forever.
It is the intent of the parties that the water rights described herein are hereby severed from
the real property described on Exhibit B, attached hereto. Future conveyances of all or any part of
the real property described on Exhibit B shall not include or be deemed to convey or transfer any
interest in the said water rights to the grantee in any such future conveyance. It is not the intent of the
parties to abandon the said water rights -- Grantee intends make use of the said water rights.
rj
DATED this 3 day of _0C,20i22.
Starling Development, LLC
By:
Cha Pelley; Owner
STATE OF �_ ]
=ss
County of L�'. r, Y-, )
This instrument was acknowledged before me on the / day of b'� . i` ,2022
by Chad Pelley, Owner of Starling Development, LLC,
o!A(0 Rhyse Pelley
z Commission No. 837478
• . My CommlSsiOn Expires Notary fublic for the State o . -j— n ;h
/OWN 02/16/2025 ROr V f"Ia
(print or type naine O'Motmy]
(SEAL) Residing at . i-- ,,^, L.
My Commission expires �. ( , 2022
EXHIBIT A
Water Rights Transferred
1. All of Grantor's interest, namely a one percent (1 %) interest in Water Right No.
76LJ 1525-00 (Provisional Permit)
Priority Date: February 8, 1974
Purpose: Irrigation
Maximum Flow Rate (for entire interest in Water Right No. 76LJ 1525-00): 7.80 cfs
Maximum Volume (for entire interest in Water Right No. 76LJ 1525-00): 1,600,00 ac-ft
Source Name: GROUNDWATER
EXHIBIT B
Legal description of property containing place of use
and point of diversion of water rights transferred
A, Starling Development Phase 2, all that portion lying in the South Half of Section 35, Township 29
North Range 22 West, P,M,,M Flathead County, Montana, and
B. That portion of Tracts 2 of Certificate of Survey No. 21978 (records of Flathead County,
Montana) tying in the South Half of Section 35, Township 29 North, Range 22 West,
P.M.,M., Flathead County, Montana.
C. As shown on the attached Exhibit entitled Water Release prepared by Sands Surveying, Inc.,
Kalispell, Montana.
EXHIBIT C
Attached map depicting the place of use f water
rights transferred
(see attachment entitled Water Right Release)
By.• SANDS SURVEYING, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755--6481
JOB NO: 358607
DATE: SEPTEMBER 13, 202
FOR: GROSSWILER DAIRY
EXHIBIT
TER RIGHT RELEASE
-EC. 35, T.29N., R.,2,2W.,
P.M.,m.
THEAD COUNTY, MONTANA
SCALE : 1 " = 600'
0' 300' 0 600' 1200'
LEGEND
Area to Release Water Right
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CONSENT TO PLATTING
Pursuant to Section 76-3-612, MCA, the undersigned, First Interstate Bank, as
beneficiary of a Deed of Trust dated May 23, 2022 to secure an original indebtedness of
$4,111,000.00, recorded May 27, 2022 as Document #202200013639, hereby consents to
the Platting of a tract of land to be known and named as Starling, Phases 1 -3.
IN WITNESS WHERE OF, said party has caused their name to be subscribed hereto on
the "mil day of L�,� , 20
Signature
{na lid LA
Printed Name and Title
STATE OF enp
SS
COUNTY OF
On this 3 day of . 20 Z.Z , before me a Notary Public for the State
of ng, , personally appeared � �,) o ,�bj _ ,known to
me to be the person whose name(s) is/are subscribed to the foregoing instrument and
acknowledged to nae that he/she/they executed the same.
T I A SAIVlNiON
�� ZAM0
S�p'�e
NOTARY PUBLIC for the
state of Montana
Notary Public for the State of v%Aa 4r�a
q
Residing at Kalispell, Fontana
My Commission Expires
OFM
June IS, 2025
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: Sands
FOR: Starling Development DATE. 7/12/2022
DESCP : Starling Ph 1-3 PURPOSE: Subdivision
35-29-22
YEARS ASSESSOR #
2019 thru 2021 0011887
updated 10/13/2022 sc
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
PRnh asspGGnr mimhar
MEM
SUBDIVISION
Guarantee/Certificate Number:
Issued By:
Fidelity National' Tide- FT1585-223509
Insurance Coiapaq
FIDELITY NATIONAL TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
Sands Surveying, Inc.
herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A
or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of
reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount
set forth in Schedule A.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you
wish additional liability, or assurances other than as contained herein, please contact the Company for further information
as to the availability and cost.
Fidelity National Title Company of Montana, LLC
150 1st Avenue WN, Suite B
Kalispell, MT 59901
Countersigned By:
Karla Kemm
Authorized Officer or Agent
Fidelity National Title Insurance Company
By:
)11W01X(2
Michael J. Nolan, President
�xa U Attest:
SEAL
Marjorie Nemzura, Secretary
Subdivision Guarantee/Certificate Printed: 09.29.22 @ 10:19 AM
Page 1 MT-FT-FLAT-01585.350200-SPS-1-22-FT1585-223509
FIDELITY NATIONAL TITLE INSURANCE COMPANY
ISSUING OFFICE:
Title Officer: Karla Ksmm (SM)
Fidelity National Title Company of Montana, LLC
150 1 st Avenue WN, Suite B
Kalispell, MT 59901
Main Phone: (406)755-7004
Email: Karla.Kemm@fnf.com
SCHEDULE A
GUARANTEE/CERTIFICATE NO.
FT1585-223509
Liability
Premium
Tax
$10,000.00
$150.00
$0.00
Effective Date: September 14, 2022 at 12:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matter relative to
the following described property:
Tract 2 of Certificate of Survey No. 21978, located in the Southeast Quarter of the Northeast Quarter and
in the Northeast Quarter of the Southeast Quarter of Section 35, Township 29 North, Range 22 West,
P.M.M., Flathead County, Montana.
The above described tract of land shall hereafter be known as:
Starling, Phases 1-3
Title to said real property is vested in:
Starling Development, LLC
subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
END OF SCHEDULE A
Subdivision Guarantee/Gertificato Printed: 09 29.22 g 10:19 AM
Page 2 MT-FT-F?_AT-01585.350240-SPS-1-22-FT1585-223509
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
GUARANTEEICERTIIFICATE NO.
FT1585-223509
A. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained
by an inspection of said Land or by making inquiry of persons in possession of the Land.
B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and that are not shown in the Public Records.
C. Easements, claims of easements, or encumbrances which are not shown by the Public Records.
D. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the Public Records.
E. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters accepted under (a), (b), (c) are shown
by the Public Records.
F. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the Public Records. Proceedings by a public agency which may result
in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or
by the Public Records,
G. 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 to use and
occupy those certain roads and trails.
H. Mineral rights, claims or title to minerals in or under said Land, including but not limited to metals, oil, gas, coal,
and other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement or other rights or
matters relating thereto, whether express or implied, recorded or unrecorded.
I. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the
Schedule B, Part f—Requirements are met.
Paragraphs A, B, C, D, F and I will not appear as printed exceptions on extended coverage policies, except as to
such parts thereof which may be typed as a Special Exception as shown below.
SPECIAL EXCEPTIONS:
General Taxes for the year 2021
1st Half: $1,813.05, PAID
2nd Half: $1,813,04, PAID
Tax ID No.: 01-0011887
Affects: Premises and Other Property
General County Taxes for the year 2022 and subsequent years, which are a lien but not yet due or payable.
Subdivision Guarantea/Certiticate Printed: 09.29.22 Q 10:19 AM
Page 3 MT-FT-FLAT-01585.350200-SPS-1-22-FT1585-223509
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
GUARANTEEICERTIFICATE NO.
FT1585-223509
3. Due to the property being split, no information is available for the purpose of tax proration for the tax year 2022.
New Assessor No: 01-0016620
4. Delinquent water and service charges of the City of Kalispell, if any, for which no investigation has been made.
5. Declared county road known as Stillwater Road as disclosed by available county assessor map.
6. Easement(s) and rights incidental thereto as set forth in a document:
In favor of: Mountain States Power Company
Recording Date: March 30, 1951
Recording No.: Book 317 Page 592
7. Easement(s) and rights incidental thereto as set forth in a document:
In favor of: Untied States of America
Recording Date: August 31, 1951
Recording No,: Book_320 Pape 492
B. Easement(s) and rights incidental thereto as set forth in a document:
In favor of: American Telephone and Telegraph Company
Recording Date: May 4, 1994
Recording No.: 94-124-09350
9. Easement(s) and rights incidental thereto as set forth in a document:
In favor of: American Telephone and Telegraph Company
Recording Date: May 4, 1994
Recording No.: 94-124-09360
10. Terms, provisions and conditions contained in Irrigation Line Easement
Recorded: March 16, 2001
Document No: 2001-075-16360
SubdiVsion Guarantee/Certificate Printed: 09.29.22 @ 10:19 AM
Page 4 MT-FT-FLAT-01585.350200-SPS-1-22-FT1585-223509
GUARANTEEICERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1586-223509
SCHEDULE B
(continued)
11. Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions
Recorded: May 5, 2006
Document No: 2006-125-09030
AND
Amendment to Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions
Recorded: May 18, 2011
Document No: 201100010329
and
Memorandum of Understanding
Recorded: August 16, 2011
Document No: 201100016731
12. This property lies within the boundaries of Resolution No, 5215A for Kalispell Growth Policy 2020, recorded July
24, 2007 at 200700022049 and will be subject to any levies and assessments thereof.
13. This property lies within the boundaries of Resolution No. 5216 for Annexation, recorded August 15, 2007 at
200700024779 and will be subject to any levies and assessments thereof.
14. Petition to Annex and Notice of Withdrawal from Rural Fire District
Recorded: August 15, 2007
Document No: 200700024780
15. Ordinance No. 1618
Recorded: April 10, 2009
Document No: 200900009935
16. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 19856. Reference is hereby made to the survey for more particulars,
17. Property Use and Restriction Agreement
Recorded: November 18, 2014
Document No: 201400023619
18. Easement(s) and rights incidental thereto as set forth in a document:
In favor of: City of Kalispell
Recording Date: February 15, 2018
Recording No.: 201800003130
Subdivision Guarantee/Gertlicate Printed. 09.29.22 @ 10:19 AM
Page 5 MT-FT-FLAT-01585.350200-SPS-1-22-FT1585-223509
FIDELITY NATIONAL TITLE INSURANCE COMPANY
19
20.
21.
22.
23.
24.
25,
26
27
U.
SCHEDULE B
(continued)
Easement(s) and rights incidental thereto as set forth in a document:
In favor of: City of Kalispell
Recording Date: April 25, 2019
Recording No.: 201900007623
GUARANTEEICERTIFICATE NO.
FT1686-223509
Terms, provisions, conditions and easements contained in Reimbursement Agreement
Recorded: May 15, 2019
Document No: 201900009099
Terms, provisions and conditions contained in Pipeline Easement
Recorded: August 14, 2020
Document No: 202000025105
Ordinance No. 1865
Recorded: November 12, 2021
Document No: 202100039553
Recitals, notes, dedications, easements, certificates and covenants as contained on the proposed plat of of
Starling, Phases 1-3. Reference is hereby made to the plat for more particulars.
Survey, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act,
1973 (Sections 76-3-101 MCA through 76-3-614 MCA) and the regulations adopted pursuant thereto.
A deed of trust to secure an indebtedness in the amount shown below,
Amount:
$4,111,000.00
Dated:
May 23, 2022
Trustor/Grantor:
Starling Development, LLC
Trustee:
Mark C Prothero
Beneficiary:
First Interstate Bank
Recording Date:
May 27, 2022
Recording No.:
202200013639
In order to expedite this report to you, no physical inspection of the Land has been made. If a physical inspection
is made, any matters found by our inspection requiring disclosure to you will be shown in a Supplement Report.
The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home
located on the property,
Exceptions and reservations contained in Patents of record.
Subdivision Guarantee/Certificate Printed, 09.29.22 @ 10:19 AM
Page 6 MT-FT-FLAT-01585.350200-sPS-1-22-FT15a5-223509
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
END OF SCHEDULE B
GUARANTEE/CERTIFICATE NO.
FT1585-223509
Subdivision Guarantee/Certificate Printed: 09,29.22 @ 10:19 AM
Page 7 MT-FT-FLAT-01585.350200-SPS-1-22-FT1585-223509
c
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n
0
0
74
0
0
After recording, roturn to:
StttDevelopment,LLC I�IRIRRIIIIIIRIII�IIIIRIRIIROaR�RIIIIRI�IIURIRnIIRIIIIRII�� of
Attn:n: CCPage: had Pellet' a po
PO Box 99 Debbie Pierson, Flathead County MT by DT 11130 � � :f9 PM
Mt. Vernon,1A 52314
WARRANTY DEED
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the
undersigned,
Grosswiler Holdings, LLC, of PO Box 952, Kalispell, Montana 59901
("Grantor"),
hereby grants unto
Starling Development, LLC, of PO Sox 99, Mt. Vernon, Iowa 52314 ("Grantee"),
real property in Flathead County, Montana, described on Exhibit A.
TO HAVE AND TO HOLD unto the Grantee, and to the Grantee's, and assigns, forever,
SUBJECT TO THE FOLLOWING:
(a) Reservations and exceptions in patents from the United States and the State of
Montana.
(b) Existing casements and rights -of -way,
(c) Mineral and royalty reservations and conveyances.
(d) Building, use, zoning, sanitary and environmental restrictions, and waivers.
(e) Taxes and assessments for 2021 and subsequent years.
EXCEPT with reference to the items referred to in, paragraphs (a) to (e) inclusive, this deed
is given with the usual covenants expressed in Montana Code Annotated § 30-11-110.
®Ipii�ill�I���1111111UI��I�A�il1�1�91illl�llQll�911�Q Pag°a 0412 e24
Fees: $24.00
11/30/2021 12:19 PM
Dated this 2 9 day of fe.ti�l , 2021.
STATE OF MONTANA
6W
GROSSWILER HOLDINGS, LLC
By: CYNCAT, INC.
By.
Catherine Baier, President
By: CPG & ASSOCIATES, INC, Member
By: /' c
Clinton Grosswiler, President
Colony of Flathead )
This instrument was acknowledged before me on t is Zq day of /4lo�Ce��bz,F , 2021, by
Ca' AT, INC. A2� Nl� r(',, •� der^
,� MA'1 THEW G HALL
�,�,,,t` NOTARY PUBLICforthe
tecfMonum
SEAL ( Kalk Mammne y'
" Any Cnrr+misslaiJ xpinas Print. Name: 8 4
January.l7, 2i
STATE OF MONTANA )
ss.
County of Flathead }
This instrument was acknowledged before me on this ZN day of t-(0 4" , 2021, by
Clinton Grosswiler, President of CPG & ASSOCIATES, I?�C. A5� ,+�t 6pr a (jr,��wrl�r aft
B TWTTHEW G. HALL
Mom NOTARY PUBLIC for the
SEAL ;tiaafl wtsna Print Name: a tiW
Ra9Wnp at HaR pelt, Monona
Wq CammMlon Expires
January 17, a023
IRill HIM INIII III 11111111111 11111NI111111IIII1I1111111111 2021000412
Page: 3 of 3 24
Fees:$24.00
1I/30/2021 12:19 PN
Exhibit A
Legal Description
A tract of land located and being in the Southeast Quarter of the Northeast Quarter
(SP NE%) and in the Northeast Quarter of the Southeast Quarter (NE'f48E'/a) of
Section 35, Township 29 North, Range 22 'Nest, F.M.M., Flathead County,
Montana, shown as Tract 2 of Certificate of Survey No. 21978.
FLATHEAD COUNTY
2021 REAL ESTATE TAX BILL
Adele Krantz, Treasurer
935 1st Ave W Ste T Kalispell MT 59901 r�1
(400) 758.5680
blip aalfiathead. mt.gov/property tax
14 ASSESSOR NUMBER: 0011887
TAX BILL NUMBER: 202100466
CYNCAT INC SCHOOL DISTRICT, 01
PO BOX 952 GEO CODE: 07407735401500000
KALISPELL MT 59903
Property Location:
Parties with ownership Interest as of January 1, 2021 Property Description
C. Grof Record,.....CYNCAT INC 352922TR 4AIN NE48E4352e 22 TR 6 IN 32142
FIsL................CPG & ASSOCIATES INC
3ypa of Property Market Value Texati, Value peeertation Peri;Me Alaount
Real Estate 7,745 1,171.00 County Functions 4.27% 1.55.19
No Buildings Assessed 0 0 Education 12.5996 456.68
------------------------- city Functions 83.07% 3012.44
Totals 7,745 2,171.00 other 0.04% 1.79
SUMMARY OF TAXES, LEVIES & FEES
COUNTY .063010 73.76 COUNTY LIBRARY .005660 6.63
SHERIFF .030000 35.13 CO PERM MED LEVY .012890 15.08
NOXIOUS WEEDS .001270 1.49 COUNTYWIDE MOSQUITO 000910 1.07
911 GENER oBLIG BOND 001350 1.58 PERM SRS LEVY :000640 075
ROAD .021690 25.40 COUNTY PLANNING .001270 1..49
BOARD OF HEALTH .004990 5.84 FECC SPECIAL DIST .011820 13.84 k
ROAD EXEMPT-.021690 -23,40 COUNTY PLAN EXEMPT-.001270 -1.49
SUBTOTAL - TAXES FOR COUNTY FUNCTIONS... .132S30 155.19
STATE - UNIVERSITY '006000 7.03 GENERAL SCHOOLS .101010 118.28
STATE - SCHOOL AID .040000 46.84 FLAT VAL COM COLLEGE .013230 15,49
FLATHEAD HIGH SCHOOL. .092090 107.84 WEST VALLEY ELEM 01 .132550 155.22
FVCC PERMIS MED LEVY .005110 5.98
SUBTOTAL - TAXES FOR EDUCATION.......,., .389990- 456.68
KALISPELL CITY .141600 165.82 KAL PERM MED LEVY .019500 22.83
KAL LIGHTING 50 359.37 KAL STORM SEWER 502.42
KAL URBAN FOREST DST 413.00 KAL STREET MAINT 1549.00
SUBTOTAL - TAXES FOR CITY FUNCTIONS..... .161100 3012.44
SOIL & WATER CONSERV .001520 1.78
SUBTOTAL - OTHER TAXES AND FEES......... .001520 1.79
Total Mills Levied 0.695140
Taxes and Fees . 3526.09
57563 I.st Installment due 11/30/2021 - 1813.05
2nd Installment; due 05/31/2022 - 1823.04
* - indicates newly voted levy
Tax paid receipts will be mailed only if a self-addressed stamped envelope is enclosed.
To pay orview taxes online, go to httpS://flathead.mt.gov/property_tax.
A 3% fee will be charged on all credit/debit card payments. There is no fee to pay by e-check.
Payments made after 5:00 pm or postmarked after the due date must include 2% penalty & monthly interest of 5/8 of 1% (0.008333).
Flathead County no longer accepts checks drawn on Canadian Banks
Keep upper portion for your records.
---------------------------------------------------- - - - - --- - - - - - -
Return stub with payment. Payment must be hand delivered, paid online, or postmarked bV 5:Co pm on: MAY 31, 2022
Make checks payable to FLATHEAD COUNTY TREASURER
Please include your tax bill number on your check. ASSESSOR NUMBER: 0011887
Pay by e-check, credit/debit card online at https://flathead,mt.gov/properly_tax TAX BILL NUMBER: 202100456
SCHOOL DISTRICT: 01
DO NOT PAY THIS IF IT IS INCLUDED IN YOUR MORTGAGE PAYMENT
if your address has changed, please make corrections below. No additional notice will be.
CYNCAT INC sent for this installment.
PO BOX 952
KALISPELL MT 59903 Tax Amount Due: 1813.04
2 ND 2021 REAL ESTATE
------------------------------------------------------------------
Return stub with payment. Payment must ze hand delivered. Paid on0ne, orpostmarked by5:00 pm on: NOVEMBER 30, 2021
Make checks payable to FLATHEAD COUNTY TREASURER
Please include your tax bill number on your check. ASSESSOR NUMBER: 0011887
Pay by e-check, credit/debit card online at https://flathead.mt.gov/property_tax TAX BILL NUMBER: 202100466
DO NOT PAY THIS IF IT 15 INCLUDED IN YOUR MORTGAGE PAYMENT SCHOOL DISTRICT: 01
If your address has changed, please make corrections below. Tax Amount Due., 1813,05
CYNCATINC
PO BOX 952 3626.09
KALISPELL MT 59903 ff III f u I f i
1 ST 2021 REAL ESTATE
The map/plat is being furnished as an aid In locating the herein described Land In
relation to adjoining streets, natural boundaries and other land, and is not a
survey of the land depicted. Except to the extent a policy of title Insurance Is
expressly modified by endorsement, If any, the Company does not Insure dimensions, I �
distances, location of easements, acreage or other matters shown thereon.
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XQhspell, MT 59901
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JOB NO: 3.10607 CITY OF KALIS.PELL, FLATHEAD COUNTY, MONTANA
DRAWING DATE • AUGUST 23, 2021
COMPLEI'',ED DATE: jD/ 72,/a6i� moo, -'��, srn sw A"a' PURPOSE: ➢OUNDARY LINE ADJUSTMENT
FOR: CROSS1f1fNR DAIRY
OWNER: GRO.SSWILER HOLDLYCS LLC
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relation to Moining streets, natural boundaries and other land, and is not a ! 1
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CrRTIFIC:ATE OF SURVEY No. I
distances, Incsgon of easements, acreage or other matters shown thereon.
After recording please return to:
Kilday & Stratton, Inc.
2880 Technology Blvd. West, Ste. 271
Bozeman, MT 59718
Declaration of Protective Covenants,
Conditions and Restrictions
For
Starling Planned Unit Development
Declaration of
Protective Covenants, Conditions and Restrictions
for
Starling Planned Unit Development
This Declaration of Covenants, Conditions and Restrictions for Starling Planned Unit
Development ("Declaration') is made this day of , 2022, by Starling
Development, LLC, a Montana limited liability company (the "Declarant").
WHEREAS, Declarant is the owner of real property situated in the City of Kalispell,
Flathead County, Montana, more particularly described in Exhibit A, attached hereto and
incorporated herein, and hereinafter referred to as "Property" or "Starling PUD" or "Starling
Community";
WHEREAS, Declarant intends to develop, sell, and convey the Property;
WHEREAS, the purposes of this Declaration are to preserve and maintain the natural,
scenic, recreational, economic, wildlife, and wetland values of the Property for the benefit of all
Persons owning a Lot therein; to establish a means to provide for and maintain the Property and
Improvements thereon as a pleasant and desirable environment for all Persons owning a Lot
therein; to permit the Association to maintain, replace, repair, and improve those portions of the
Property it is required or permitted to maintain, replace, repair, and improve; to provide for the
collection and enforcement of Assessments and for enforcement of the Governing Documents; to
provide for the addition and annexation of additional land to the Starling Community by the
Declarant, as well as any development and improvements constructed (or to be constructed)
thereon; and such other purposes as set forth in the Declaration, Bylaws, and Design Manual.
WHEREAS, the Property is part of a planned unit development, and Declarant reserves
the right to develop the Property, and any land added and annexed into the Property, in any
manner consistent with the subdivision regulations and zoning ordinances of the City of
Kalispell, Flathead County, Montana, and any approved deviations thereto, and to expand the
Property by annexing additional land as permitted by this Declaration. The Property will be
developed in multiple phases;
NOW THEREFORE, Declarant, for itself and its successors and assigns, hereby declares
that the Property, and any lands subsequently annexed to the Property and subjected to this
Declaration, shall at all times be owned, held, conveyed, mortgaged, encumbered, leased, used,
occupied, improved, sold, and conveyed subject to the declarations, limitations, covenants,
conditions, restrictions, easements, and all provisions contained in the Declaration, all of which
are imposed as equitable servitudes pursuant to a general plan for the development of Starling
Community and the surrounding property owned by Declarant and for the purpose of enhancing
and protecting the value and attractiveness of Starling Community, and every part of it, in
accordance with the plan for development of Starling Community. All of the declarations,
limitations, covenants, conditions, restrictions, easements, and provisions of the Declaration shall
constitute covenants running with the land and are binding upon, and inure to the benefit of,
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 2
Declarant, the Starling Community Association, Inc., and all persons having or acquiring any
right, title, or interest in or to any part of the Property, and to their respective heirs, devisees,
personal representatives, successors and assigns and any occupants and users of the Property;
This Declaration shall apply to all of the Property, and any land subsequently added and
annexed into the Property, and to all improvements placed or constructed thereon and shall be in
existence unless amended or terminated as set forth in this Declaration or by operation of law.
Said declarations, limitations, covenants, conditions, restrictions, easements, and
provisions shall be as follows:
Article 1
DEFINITIONS
Capitalized terms shall be defined as set forth below:
1.1 Act: means the Montana Nonprofit Corporation Act, § 35-2-113 et seq., MCA, as
amended.
1.2 Accessory Dwelling Unit(s) or ADU(s): means a dwelling unit subordinate to the
principal dwelling building/structure and further has the meaning given to it in the Design
Manual. Construction on an ADU shall not begin unless it is contemporaneous to or after
construction of the principal dwelling building/structure.
1.3 Accessory Structure: means a detached subordinate building/structure situated
on the same Lot with the principal building/structure and used in a manner that is incidental to
and customary to the primary use of the principal building/structure. Construction on an
Accessory Structure shall not begin unless it is contemporaneous to or after construction of the
principal building/structure.
1.4 Affirmative Vote of a Majority: means and shall be achieved on any particular
matter if (and only if) all of the following occur: (i) before the Transfer Date, the Declarant votes
in favor of such matter, and (ii) the Association receives the affirmative vote of at least a
majority of votes cast at a meeting or by written ballot (as described in more detail in the
Bylaws).
1.5 Affirmative Vote of a SuperMajority: means and shall be achieved on any
particular matter if the following occurs: (i) before the Transfer Date, the Declarant votes in
favor of such matter, and (ii) the Association receives the affirmative vote of at least 75% of the
votes cast at a meeting or by written ballot (as described in more detail in the Bylaws).
1.6 Annexable Area: means the land described in Exhibit B. Unless and until a
portion or all of the Annexable Area is included as part of the Property pursuant to Section
7.1(b), such portion or all of the Annexable Area is not deemed to be part of the Property and is
not subject to the Governing Documents or governed by the Association.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 3
1.7 Areas of Common Responsibility: means the Roads, public sidewalks, Common
Areas, Parks, Open Spaces, Trails, storm water ponds and related facilities, mail delivery sites,
and other areas, as shown on any Plat for any phase within the Starling Community, that are
either owned by or required to be maintained by the Association, or which are permitted to be
and are actually maintained by the Association.
1.8 Articles of Incorporation or Articles: means the Articles of Incorporation of the
Association as filed with the Montana Secretary of State and any amendments and restatements
thereto from time to time.
1.9 Assessments: means, collectively, General Assessments, Special Assessments,
Default Assessments, and Community Transfer Assessments, as more particularly described in
Article 3.
1.10 Association: means Starling Community Association, Inc., a Montana nonprofit
corporation, and any successor or assign.
1.11 Association Expenses: means an amount for reserves and all actual or estimated
costs, expenses, and liabilities incurred, or anticipated to be incurred, by or on behalf of the
Association for: (i) regulating, operating, administering, and managing the Property and the
Association and expenses for the benefit of the Association as a whole; (ii) acquiring, leasing,
operating, managing, paying taxes on, maintaining, repairing, replacing, and improving the Area
of Common Responsibility within the Property or required to be maintained by the City of
Kalispell; (iii) procuring and maintaining insurance for the Association; (iv) levying, collecting,
and enforcing the Assessments and other amounts owed to the Association; (v) administering
and enforcing the Governing Documents; (vi) incurring professional fees to assist the Board in
performing any rights, privileges, powers, duties, or responsibilities; (vii) performing any and all
rights, privileges, powers, duties, or responsibilities expressly or impliedly permitted by the Act,
the Declaration, the Bylaws, or other Governing Documents; and (viii) any other costs or
expenses reasonable or necessary to perform the rights, powers, privileges, duties, and
responsibilities of the Association or Board or to further the intent and purposes of the
Governing Documents.
1.12 Board of Directors or Board: means the body responsible for the operation and
administration of the Association, as set forth in the Declaration and as more particularly
described in the Bylaws, and who shall have such privileges, powers, and rights as are set forth
in the Declaration and Bylaws.
1.13 Bylaws: means the Bylaws of the Starling Community Association, Inc., as the
same may be amended, restated, or replaced from time to time.
1.14 Common Area: means each common area as shown on any Plat. Rules and
Regulations regarding the use of Common Areas may be established pursuant to Section 1.38.
1.15 Construction Activity: means any site preparation for initial construction on a
Lot and the construction, reconstruction, repair, or replacement of any Improvement on a Lot.
"Construction Activity" does not include the construction, reconstruction, repair, or replacement
of the interior of any Improvement on a Lot.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 4
1.16 Contract Purchaser: means a Person buying a Lot or a portion of any Lot
pursuant to a contract for deed, Montana Trust Indenture, mortgage, or other similar instrument.
1.17 Declarant: means Starling Development, LLC, a Montana limited liability
company, and any assignee who is designated as the Declarant pursuant to Section 7.4.
1.18 Declarant's Special Rights: has the meaning given to it in Article 7.
1.19 Declaration: means the Declaration of Protective Covenants, Conditions and
Restrictions for Starling Planned Unit Development, and includes all amendments, restatements,
or supplements hereafter recorded in the Public Record.
1.20 Design Manual: means the Starling Community Design Manual created to
govern and regulate all Construction Activity and Improvements. Before performing any
Construction Activity, Owners are responsible for obtaining from the Association the most
current Design Manual and for complying with the Governing Documents in regard to such
Construction Activity. Notwithstanding anything to the contrary stated in the Declaration,
Construction Activity performed by Declarant or Declarant's Affiliates shall not be subject to the
Design Manual or to review by the DRP.
1.21 Design Review Panel or DRP: means the Starling Community Design Review
Committee, as set forth in more detail in Article 8 of this Declaration and the Design Manual.
1.22 Good Standing: means that a Member is current on the payment of such
Member's Assessments owed to the Association and that any Notice of Violation sent to the
Owner has been cured to the Board's satisfaction.
1.23 Governing Documents: means the Declaration, Bylaws, Articles, Rules and
Regulations, Design Manual, and resolutions of the Board, all as amended, added to, deleted from,
restated, or supplemented from time to time.
1.24 Improvement: means all dwellings, buildings, ADUs, Accessory Structures,
exterior stairs, patios, decks, sidewalks, pathways, driveways, parking areas, landscaping
required pursuant to the Design Manual (including without limitation and when applicable to a
particular Lot under the Design Manual, plantings, hedges, trees and shrubs, and sprinkler
systems), windbreaks, fences, screening walls and barriers, retaining walls, monuments, exterior
lighting, solar panels, ponds, water tanks, drainage and drainage facilities, culverts, satellite
dishes, and all other structures constructed or installed on the exterior of a Lot. "Improvement"
does not mean any type of improvement to the interior of any Improvement on a Lot.
1.25 Invitee: means any family member, guest, tenant or lessee, agent, representative,
contractor, or other invitee of an Owner.
1.26 Lot: means each parcel of property within the Property that is capable of being
owned in fee simple by an Owner, including without limitation each single-family lot, each
duplex unit, each condominium unit, and each commercial unit. The term "Lot' does not include
an Accessory Dwelling Unit.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 5
1.27 Manager: means the Board of Directors, a management entity, or other person or
group of persons retained or appointed by the Board for the purpose of conducting the day-to-
day regulation, operation, administration, and management of the Property and the Association.
1.28 Member: means each Owner of any Lot within the Property. Each Member
agrees to abide by and be bound to the Governing Documents.
1.29 Open Space: means those open spaces set aside for the use of the Owners and the
public, as shown on any Plat. Rules and Regulations regarding the use of Open Spaces may be
established pursuant to Section 1.38.
1.30 Owner: means one or more Persons, including, without limitation, the Declarant,
who hold record title to any Lot or any portion of any Lot, including contract purchasers,
regardless of how such ownership was obtained (i.e., by purchase, transfer, foreclosure, tax deed,
will, gift, etc.), but excluding (i) the Association, and (ii) those having an interest merely as
security for the performance of an obligation. A tenant or lessee who is leasing a Lot is not an
Owner.
1.31 Parks: means those parks set aside for the use of the Owners and public, as
shown on any plat. Rules and Regulations regarding the use of Parks may be established
pursuant to Section 1.38.
1.32 Person: means any natural person, corporation, partnership, limited liability
company, association, trust, or any other legal entity.
1.33 Plat: means the Plat filed on as Document No. in the
Public Record, and any subsequent plats or amended plats regarding the Property filed by the
Declarant in the Public Record.
1.34 Property: means the real property described in Exhibit A, and any Improvements
thereon. Exhibit A-1 delineates Phases 1-3 within the Property. On or before the Transfer Date,
Declarant reserves the right, but does not have the obligation, to expand the Property by
annexing any or all of the Annexable Area into the Property and subjecting any or all of the
Annexable Area to the Declaration, as set forth in more detail in Section 7.1. After the
Annexable Area, or portion thereof, has been annexed into the Property, such annexed real
property shall be included in the term "Property" and such annexed property shall be subject to
the Governing Documents as if it had been included in the Property at the time the Declaration
was originally recorded in the Public Record.
1.35 Public Record: means the office of the Clerk and Recorder of Flathead County
where land records are recorded or filed.
1.36 Quorum: has the meaning given to it in the Bylaws.
1.37 Roads: means the interior streets, alleys, and woonerfs within the Property.
"Roads" does not include a driveway providing access to an Owner's Lot.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 6
1.38 Rules and Regulations: means any rules and regulations adopted as follows: (i)
before the Transfer Date, the Declarant; (ii) before the Transfer Date, the Board and the written
consent of the Declarant; or (iii) after the Transfer Date, the Affirmative Vote of a Majority.
Rules and Regulations may be established for any reason authorized in the Declaration or
Bylaws, including without limitation to: (i) prevent or reduce fire hazard; (ii) prevent disorder
and disturbances of the peace; (iii) regulate pedestrian and vehicular traffic; (iv) regulate
animals, home offices, leases, the environment, and environmental practices; (v) regulate signs;
(vi) regulate the use of all Areas of Common Responsibility to assure fullest enjoyment of use by
the Persons entitled to enjoy and use the same; (vii) regulate all builders/constructors and all
Construction Activities; (viii) promote the general health, safety, and welfare of persons within
the Property; (ix) protect and preserve property and property rights; (x) establish a process to
hear grievances; (xi) establish fines and other remedies for violation of the Governing
Documents; and (xii) for any other purpose permitted by the Declaration and Bylaws. All Rules
and Regulations shall be posted on the Association's website. A Rule and Regulation becomes
effective when it is approved as set forth above in this Section 1.38 and posted on the
Association's website, or such later date set forth in the Rule and Regulation. Rules and
Regulations are not required to be filed in the Public Record.
1.39 Trails: means those trails within the Property as established by the Declarant and
thereafter the Board, for use by Owners and members of the general public. Rules and
Regulations regarding the use of Trails may be established pursuant to Section 1.38.
1.40 Transfer Date: means the date the Declarant turns the Association over to the
Members and shall be the earlier of: (i) December 31, 2052; (ii) when the Declarant determines,
in an instrument recorded in the Public Record, that one hundred percent (100%) of the real
property that may be annexed into the Property has been annexed and all Lots to be included in
the Property and any Annexable Area have been sold to a Person other than Declarant; or (iii)
when the Declarant elects, in an instrument recorded in the Public Record, to turn the
Association over to the Members.
1.41 Zoning Regulations: means the Kalispell Zoning Ordinance, Ordinance No.
1677, and any amendments thereto.
1.42 Other definitions may be found throughout this Declaration, the Bylaws, or the
Design Manual and those definitions are binding upon all Owners. Any term not specifically
defined shall be deemed to have its common and ordinary meaning.
Article 2
STARLING COMMUNITY ASSOCIATION
2.1 The Association. An association is hereby established known as the "Starling
Community Association" ("Association").
2.2 Membership. Upon becoming an Owner of a Lot within the Property, each
Owner shall automatically be a Member of the Association and shall remain a Member for the
period of the Owner's ownership of the Lot. Membership shall be appurtenant to and may not be
separated from ownership of a Lot. If more than one Lot is owned, the Owner(s) thereof shall
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 7
have one membership for each separate Lot owned. For purposes of determining membership, a
Person shall be deemed to be a Member upon the recording of a deed to that Owner, or upon the
recording of a Notice of Purchaser's Interest or an Abstract of a Contract for Deed showing a
contract purchase by the Owner. The legal title retained by the vendor selling under contract
shall not qualify such vendor for membership. Foreclosure of a mortgage, trust indenture, or the
termination or foreclosure of a contract for deed wherein title is vested in the mortgagee,
beneficiary, or original seller on a contract, or repossession for any reason of a Lot sold under a
contract, shall terminate the vendee's membership, whereupon all rights to such membership
shall vest in the legal owner.
2.3 Member Contact Information. An Owner shall be responsible for providing a
written instrument to the Secretary advising the Secretary of their acquisition of a Lot within the
Property. Such written instrument shall also provide the name of the Person authorized to receive
notices and to vote on all matters coming before the Association and of such Person's mailing
address, telephone number, and email address, and of any changes in ownership or contact
information.
2.4 Joint Ownership. Multiple owners of a single Lot are jointly and severally
obligated to perform the responsibilities of an Owner. However, multiple Owners shall have only
one such membership or voting interest between them. If more than one Owner seeks to exercise
the vote, the Association will count only the vote cast by the Person listed in the written
instrument required by Section 2.3; and if no such written instrument has been provided, the
voting privilege shall be suspended until the multiple interest owners provide a written
instrument to the Secretary providing the name of the Person authorized to vote on behalf of the
multiple owners. The Association shall not have any obligation to confirm, as among such
multiple owners, which of the Persons has the right to exercise a vote.
2.5 Non -Natural Person Ownership. The membership rights of an Owner that is not
a natural person may be exercised by any officer, director, partner, trustee, member, or manager,
or by an individual designated in a written instrument to the Secretary describing and certifying
the authority of such Person. If more than one Person described in this Section seeks to exercise
the vote, the Association will count only the vote cast by the Person listed in the written
instrument required by Section 2.3; and if no such written instrument has been provided, the
voting privilege shall be suspended until a written instrument is provided to the Secretary
providing the name of the Person authorized to vote on behalf of the non -natural Person Owner.
The Association shall not have any obligation to confirm which of the Persons has the right to
exercise a vote.
2.6 Voting. On all matters to be decided by the Members of the Association, each Lot
whose Owner(s) are in Good Standing at the time the vote is taken shall be entitled to one vote
for such Lot; provided, however, the Owner of a residential apartment building or commercial
suite building (i.e., buildings containing units that are not separated into separate fee simple
units) shall be entitled to one vote for each residential apartment or commercial suite within the
building. The vote(s) for such Lot shall be exercised by the Person designated pursuant to
Section 2.3. Except as otherwise required by the Declaration, the Bylaws, or Montana law, the
Affirmative Vote of a Majority voting at a meeting or by written ballot (as described in more
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 8
detail in the Bylaws), shall be sufficient to act on matters brought before the Association. Voting
is further addressed in the Bylaws.
2.7 Meetings of the Association. The Bylaws contain provisions regarding
Association meetings, notice of meetings, Quorum, voting, actions taken without meetings, etc.
2.8 Board of Directors. The Bylaws contain provisions regarding the Board,
including but not limited to appointment or election of directors, number, qualifications, term,
resignation, removal, vacancies, officers, meetings, Quorum, voting, actions taken without
meetings, indemnification, etc.
2.9 Rights and Powers of Association. The Association shall have and may exercise
any power, right, privilege, duty, or responsibility given to it expressly by the Declaration and
Bylaws or reasonably implied from or reasonably necessary to effectuate any such power, right,
privilege, duty, or responsibility. Except where specifically reserved to the Members of the
Association in the Declaration, Bylaws, or by Montana law, all powers, rights, privileges, duties,
and responsibilities of the Association may be exercised by the Board without a vote of the
Members. The powers, rights, privileges, duties, and responsibilities include without limitation:
(a) To acquire (by gift, purchase, lease, trade, or any other method), own,
regulate, operate, manage, maintain, repair, replace, improve, rent, sell, develop, encumber,
dispose of, and otherwise deal in and with real and personal property of every kind and character,
tangible and intangible; provided, however, the Association may not convey any real property
owned by the Association without the Affirmative Vote of a SuperMajority.
(b) To pay real estate taxes and assessments on property owned by the
Association and all other taxes, duties, charges, fees and payments required to be made to any
governmental or quasi -governmental entity which shall be imposed, assessed or levied upon the
Association.
(c) To grant easements, leases, licenses, and concessions through or over real
property owned by the Association, so long as the same do not unreasonably interfere with the
use and enjoyment of an Owner's Lot, Road, Parks, Open Spaces, or Common Areas.
(d) To provide for the care, operation, management, long and short-term
maintenance, repair, replacement, and improvement of the Areas of Common Responsibility,
including without limitation snow removal, control of noxious weeds, landscaping, irrigation,
lighting, signage, paving, striping, etc.. subject to other provisions of the Declaration The Board
may cause additional Improvements to be constructed or placed upon the real property owned by
the Association.
(e) To hold meetings of the Association and of the Board in accord with the
Bylaws.
(f) To enforce the Governing Documents in any manner permitted under the
Governing Documents or Montana law.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 9
(g) Subject to Section 1.38, to adopt, amend, and enforce Rules and
Regulations for the Property.
(h) After the Transfer Date, to amend the Design Manual applicable to the
Property by an Affirmative Vote of the Majority. Before the Transfer Date the Declarant may
unilaterally amend the Design Manual.
(i) To maintain the records of the Association in accordance with applicable
Montana law and the Bylaws.
0) To make expenditures, incur liabilities, enter into contracts and
agreements, and provide services as are reasonable or necessary to affect the business of the
Association or to effect any power, right, privilege, duty, or responsibility of the Board or
Association.
(k) To obtain and pay for legal, accounting, and other professional and expert
services as are reasonable or necessary to affect the business of the Association or to understand,
assess, or affect any power, right, privilege, duty, or responsibility of the Association.
(1) To enter the exterior or a Lot for: (i) emergency and safety reasons and to
protect persons or property; (ii) to perform maintenance, repairs, or replacements in accordance
with the Governing Documents; and (iii) to inspect for the purpose of ensuring compliance with
the Governing Documents. The right to enter may be exercised by two or more members of the
Board or the Board's managers or contractors, and all policemen, firemen, ambulance personnel,
and similar emergency personnel in the performance of their duties. Except in an emergency
situation, entry shall only be during reasonable hours and after notice to the Owner of the
applicable Lot. The rights set forth in this provision shall not obligate the Board or the
Association to exercise any such rights or to undertake any of the actions set forth in this
provision.
(m) Subject to Article 3, to prepare, adopt, and amend budgets for revenues,
expenditures, and reserves.
(n) Subject to Article 3, to levy and collect Assessments from Members.
(o) To pay the expenses of the Association.
(p) To purchase insurance policies to: (i) protect the real and personal
property of the Association against casualty or loss; (ii) to protect the Association, officers,
directors, and Manager (when acting in their official capacity) from liability; and (iii) for any
other purpose deemed advisable by the Board; and to provide for the use and disposition of any
insurance proceeds in the event of loss or damage.
(q) To provide for the indemnification of the Association's officers, directors,
Manager, and other agents of the Association as required or permitted in the Act.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 10
(r) To borrow funds to pay for any expenditure or outlay permitted by the
Declaration; to execute all instruments evidencing such indebtedness as may be reasonable,
necessary, or advisable; and to assign its right to future income, including without limitation the
right to receive Assessments, as security for any borrowed funds.
(s) To deal with agencies, officers, boards, commissions, departments, and
other governmental bodies on a local, state, and federal basis to carry out the powers, rights, and
privileges of the Association.
(t) To institute, defend, intervene, or settle litigation, arbitration, mediation,
or other administrative proceeding (collectively, "lawsuit" or "proceeding") on matters affecting
the Property or the Governing Documents, and to take such action it deems reasonable or
necessary to enforce the Governing Documents; provided, however, after the Transfer Date the
Board may not institute a lawsuit without the Affirmative Vote of a Majority except for lawsuits
to enforce General Assessments, Special Assessments, and Community Transfer Assessments
(and Default Assessments related to enforcing General Assessments, Special Assessments, and
Community Transfer Assessments).
(u) To appoint a Manager to generally supervise and control the day-to-day
business of the Association and to delegate certain powers, duties, and responsibilities to such
Manager.
(v) Subject to other provisions of the Declaration and Bylaws, to exercise all
other powers that may be exercised by a Montana nonprofit corporation under the Act or that are
reasonable or necessary to protect the health, safety, and welfare of the Owners.
Article 3
Assessments
3.1 Personal Obligation for Assessments and Other Amounts.
(a) Each Owner, whether it shall be so expressed in any deed or contract, is
deemed to have agreed to the protective and restrictive covenants contained herein, and to pay to
the Association all Assessments levied by the Association. Each Owner, by accepting a deed or
recording a notice of purchaser's interest or a contract for deed for any Lot within the Property,
is deemed to covenant and agree to pay the Assessments levied by the Association.
(b) No Owner may exempt himself from liability for any Assessments or any
other obligation under the Governing Documents by non-use of or abandonment of such
Owner's Lot, the Areas of Common Responsibility, or any other reason. The obligation to pay
Assessments is a separate and independent covenant on the part of each Member in relation to a
Lot.
(c) Notwithstanding anything stated in this Declaration to the contrary, neither
the Declarant nor an Affiliate of the Declarant shall be required to pay Assessments on any Lot
owned by the Declarant or its Affiliate unless the principal building/structure on such Lot is
substantially completed and is being occupied for its intended purpose. "Affiliate" means a
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 11
member of Declarant and/or an entity in which one or more members of the Declarant has an
interest.
3.2 Waiver of Homestead. By purchasing a Lot, each Owner agrees that any filed
Homestead Exemption does NOT apply to any Assessments owed to the Association.
3.3 Types of Assessments. The Association, by and through the Board, may levy any
and all of the following types of Assessments:
(a) General Assessments. General Assessments include assessments to pay
for the Association Expenses, and shall include an amount for reserves. In determining the
amount to include for reserves, the Board shall take into account any buildings or structures to be
added by the Association or reserve projects to be completed by the Association, and the number
and nature of depreciable assets owned or partially or fully maintained by the Association, the
expected life of each asset and their expected repair, replacement, and improvement cost;
provided, however, the use of the reserves is not limited to these items. General Assessments
shall be fixed by the Board and shall be assessed equally to the Owner of each Lot; provided
however, if a Lot contains one or more residential apartment buildings or one or more
commercial suite buildings, then a General Assessment shall be assessed to the Owner for each
residential apartment or commercial suite in such buildings. General Assessments shall be paid
quarterly, on January 1, April 1, July 1, and October I of each year.
(b) Special Assessments. Special Assessments may be levied from time to
time to cover unexpected budget shortfalls, such as unforeseen repairs due to natural disasters or
negligence; provided however, the reserves may also be used to cover unexpected budget
shortfalls rather than levying a Special Assessment. Special Assessments may only be levied
upon the Affirmative Vote of a Majority. Special Assessments shall be assessed equally to the
Owner of each Lot; provided however, if a Lot contains one or more residential apartment
buildings or one or more commercial suite buildings, then a Special Assessment shall be
assessed to the Owner for each residential apartment or commercial suite in such buildings.
Special Assessments shall be payable in such manner and at such times as determined by the
Board, but no less than thirty (30) days after notice of the Special Assessment is provided to the
Owners, and may be payable in installments extending beyond the fiscal year in which the
Special Assessment is approved.
(c) Default Assessments. Default Assessments mean: (i) any fine or penalty
imposed upon an Owner because of a violation of any provision of the Governing Documents;
(ii) any cost or expense incurred by the Association as a result of an Owner's or an Owner's
Invitee's violation of any provision of the Governing Document; (iii) any cost or expense
incurred by the Association as a result of damage caused by the intentional or negligent act or
omission of an Owner or the Owner's Invitee, and (iv) interest charged to the Owner. Default
Assessments should be liberally construed. Default Assessments shall be payable in such manner
and at such times as determined by the Board, but no less than thirty (30) days after notice of the
Default Assessments is provided to the Owner.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 12
(d) Community Transfer Assessments. Within ten (10) days after a Transfer
of a Lot within the Starling Community, every Transferee shall pay to the Association a
Community Transfer Assessment in an amount equal to $300.00 per principal dwelling building
structure, ADU, residential apartment within an apartment building, commercial
building/structure, and commercial suite within a commercial building. If more than one (1)
Person purchases a Lot as tenants in common or as joint tenants, then together those Persons
collectively owe the Community Transfer Assessment, although each Person shall be jointly and
severally liable for the entire Community Transfer Fee.
(1) Definitions. For the purposes of this Section 3.3(d), the following
terms are defined as set forth below.
(a) "Person" does not include a Person who holds title to a Lot
merely as security for a mortgage, or a successive Personal Representative
or a successive Trustee, or the Association.
(b) "Transfer. " Transfer means a conveyance of a fee simple
interest in a Lot, whether for consideration, as a gift, pursuant to a will, as
a result of foreclosure, pursuant to a court order, pursuant to a tax lien, or
any other Transfer of the Lot wherein title to the Lot is transferred to a
new Person. "Transfer" does not include a conveyance to a Declarant's
Affiliate unless the Declarant's Affiliate intends at the time of the Transfer
to occupy the Lot for its intended purpose.
(c) "Transferee." Transferee (i.e., "Buyer") means and
includes all parties to whom any interest passes by a Transfer, and each
party included in the term "Transferee" shall have joint and several
liability for all obligation of the Transferee under this Section 3.3(d).
(d) "Transferor. " Transferor (i.e., "Seller") means and
includes all parties from whom any interest passed by a Transfer, and each
party included in the term "Transferor" shall have joint and several
liability for all obligations of the Transferor under this Section 3.3(d).
(2) Reports. With payment of the Community Transfer Fee, the
Transferee shall make a written report to the Board on a form prescribed by the
Board, fully describing the Transfer, the names of the parties thereto, and such
other information as the Board may reasonably require.
3.4 Approving the Budget. With the notice of the annual meeting of the Association,
the Board shall present to the Members a proposed budget of the estimated income and expenses
for the Association for the coming fiscal year. So long as the General Assessments are not
increased more than 15% over the amount of each such General Assessments for the preceding
year, the Board is not required to obtain Member approval to adopt the budget. If there is an
increase in General Assessments over 15% from the preceding year, the Members shall approve,
amend, or reject the proposed budget at the annual meeting of the Association. If no budget is
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 13
approved by either the Board or the Members, respectively, then the budget last approved shall
remain in effect until a new budget is approved.
3.5 Effect of Non -Payment of Assessments; Lien and Remedies of the
Association.
(a) Any Assessment not paid within thirty (30) days after the due date shall be
delinquent and shall incur a fine equal to 10% of the delinquent Assessment. Any Assessment
that is still not paid on each anniversary date of the due date shall incur an additional fine equal
to 10% of the delinquent Assessment.
(b) In the event an Assessment becomes delinquent, the Association may take
any or all of the following actions: (i) record a lien in the Public Record against the Owner's Lot,
setting forth the name of the Owner, the legal description of the Lot, and the Assessments owed
to the Association, and charge a fee and actual expenses for the recording of the lien; (ii) subject
to Section 2.9(t), bring an action at law to collect all Assessments owed and/or foreclose the lien
against the Lot; (iii) apply any deposits held by the Association to the amount due; (iv) suspend
the Owner's voting privileges; and (v) exercise any other remedy permitted under the
Declaration or at law or equity. Each Assessment may be recovered by suit for a money
judgment by the Association without foreclosing or waiving any lien securing the same or may
be recovered in any foreclosure, or both. The remedies expressed herein are cumulative and not
exclusive, and the Association may take any action permitted under this Declaration or Montana
law to collect the Assessments owed to the Association.
(c) The recording of this Declaration constitutes record notice and perfection
of a lien of the Association on all Lots. No further recordation or filing of any lien is required.
The Board may, in its discretion, record the lien in the Public Record. The priority of the
Association's lien shall be determined pursuant to Section 3.6 and shall not be dependent upon
the recording or filing date of any lien recorded in the Public Record. The Board, acting on
behalf of the Association, shall have the power to bid (which may be a bid on credit, up to and
including the amount secured by the lien) for the Lot at a foreclosure sale, and to acquire and
hold, lease, mortgage, and convey the same. During the period a Lot is owned by the Association
following foreclosure, (i) no right to vote shall be exercised on behalf of the Lot, (ii) no
Assessment shall be assessed or levied on the Lot, and (iii) each other Lot shall be charged, in
addition to its usual General Assessments and Special Assessments, its equal pro rata share of the
General Assessments and Special Assessments that would have been charged to or payable by
such Lot had it not been acquired by the Association.
3.6 Priority and Non -subordination of the Lien. The lien under this Article 3 shall
be superior to all other liens, except for tax and assessment liens and a first mortgage or trust
indenture of record if such first mortgage or trust indenture is recorded in the Public Record prior
to the Association's lien being recorded in the Public Record.
3.7 Liability of Members, Purchasers and Encumbrancers. The amount of any
Assessment payable under this Article 3 shall be a joint and several obligation to the Association
of such Owner and such Owner's heirs, estates, devisees, personal representatives, successors,
and assigns, and any Person acquiring fee simple title to a Lot (except the Association) shall be
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 14
jointly and severally liable with the former owner of the Lot for all such amounts which had
accrued and were payable at the time of the acquisition of the title or interest by such Person,
without prejudice to such Person's right to recover any such amounts paid from the former
Owner.
3.8 Verification of Assessments Due. Upon written request, the Association shall
furnish to an Owner or such Owner's title or mortgage company written verification of the
amount of such Assessments owing and whether the Owner has paid such Assessments.
3.9 Condominium or Townhome Assessment. Owners who own units subject to a
condominium or townhome declaration and/or bylaws may also be required to pay additional
assessments to a condominium or townhome association. Payment of condominium or
townhome assessments does not alleviate or offset the Assessments owed pursuant to this
Declaration.
Article 4
PROPERTY USE AND RESTRICTIONS
4.1 City Required Covenants. The covenants contained in Exhibit C are included as
a condition of preliminary and/or final plat approval and are required by the City of Kalispell.
4.2 Permitted Uses of Lots. The uses permitted under this Declaration on each Lot in
Phases 1 and 2 are set forth in Exhibit D; the uses permitted under this Declaration on each Lot
in Phase 3 are set forth in Exhibit E. If additional property is annexed into the Property,
additional exhibits will be added to the Declaration to provide for the uses permitted on each Lot
within such annexed property.
4.3 Home Occupations. Home occupations and home offices are allowed on Lots
used for residential purposes so long as (i) the home occupation or home office is incidental to
the primary use as a residence, (ii) the home occupation or home office is entirely inside the
dwelling on the Lot, including any storage of materials; (iii) no non-resident employees or
excessive traffic or noise are permitted; and (iv) the home occupation or home office is in
compliance with the Zoning Regulations. Rules and Regulations regulating home occupations
and home offices may be stablished pursuant to Section 1.38.
4.4 Leasing.
(a) Long -Term Leasing. "Long -Term Lease" means a lease for thirty (30)
days or more. An Owner may lease the Owner's principal residential building/structure, ADU,
residential apartment, commercial building/structure, or commercial suite under a Long -Term
Lease subject to the following:
(i) all Owners shall comply with City of Kalispell Zoning
Regulations, ordinances, codes and/or regulations regarding leasing;
(ii) all Owners shall comply with the Design Manual regarding
leasing;
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 15
(iii) all Owners shall comply with Rules and Regulations regarding
leasing;
(iv) an Owner shall have a written lease with the Owner's tenants that
complies with Montana law and local ordinances;
(v) an Owner shall provide a copy of the Governing Documents to the
tenant(s) prior to the beginning of the lease term;
(vi) an Owner shall provide the Association with each tenant's name,
telephone number, and email address; and
(vii) an Owner shall be responsible to the Association for the actions or
omissions of their tenants and their invitees, including without limitation any
damage caused by tenants and their invitees and any violation of the Governing
Documents.
(b) Short -Term Leasing. A "Short -Term Lease" means a lease for less than
thirty (30) days.
(1) An Owner may not lease an ADU, or any portion therein, for a
Short -Term Lease. Also, pursuant to Kalispell, Montana City Code
27.20.082(2)(C), rental periods of less than thirty (30) days are not permitted in
ADUs.
(2) An Owner may only lease a principal residential building/structure,
residential apartment, commercial building/structure, or commercial suite, or any
portion therein, for a Short -Term Lease if approved for such use by the Declarant
before the Transfer Date, and thereafter the Board. The Declarant or Board may
approve a principal residential building/structure, residential apartment,
commercial building/structure, or commercial suite, or any portion therein, for
Short -Term Lease, subject to the following:
(i) An Owner desiring to obtain approval for a Short -Term
Lease shall submit an application on a form approved by the Declarant or
Board, as applicable, providing the information requested by the Declarant
or Board.
(ii) Approval of a Short -Term Lease is on a case -by -case and
first come first serve basis, and on conditions established by the Declarant
or Board, as applicable. The Declarant or Board, as applicable, has
discretion to grant or deny an application in order to limit the number of
Short -Term Leases in the Starling Community and to preserve the intent
that the Lots in Starling Community be predominantly Owner -occupied or
occupied under a Long -Term Lease. This Declaration is not intended to
give an Owner the right to use the Owner's Lot, or any portion therein, for
a Short -Term Lease unless and until a Short -Term Lease is approved, and
no Owner has the right to have the Owner's application approved.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 16
(iii) all Owners shall comply with City of Kalispell Zoning
Regulations, ordinances, codes and/or regulations regarding leasing;
(iv) all Owners shall comply with the Design Manual regarding
leasing;
(v) all Owners shall comply with Rules and Regulations
regarding leasing;
(vi) an Owner shall have a written lease with the Owner's
tenants that complies with Montana law and local ordinances;
(vii) an Owner shall provide a copy of the Governing
Documents to the tenant(s) prior to the beginning of the lease term; and
(viii) an Owner shall be responsible to the Association for the
actions or omissions of their tenants and their invitees, including without
limitation any damage caused by tenants and their invitees and any
violation of the Governing Documents.
(ix) Once a principal residential building/structure, residential
apartment, commercial building/structure, or commercial suite, or any
portion therein has been approved to have a Short -Term Lease, the right to
have a Short -Term Lease shall transfer with the Lot; provided, however,
the Declarant or Board, as applicable, may revoke the right to have a
Short -Term Lease if there are three (3) or more violations of the
Governing Documents in any twelve (12) month period, regardless of
whether the Lot has been transferred to a successive Owner during such
twelve (12) month period.
(c) Accessory Structures. No Owner may lease an Accessory Structure for any
period of time
4.5 Pets. No livestock, poultry, or other animals, except domestic dogs, cats, or small
in-house pets and birds (collectively "Permitted Pets") are permitted to be kept on any Lot. A
maximum of two (2) Permitted Pets may be kept, provided they are confined to the Lot of their
Owner. Permitted Pets may not be kept, raised, or bred for any commercial purposes. Permitted
Pets shall not be allowed to roam free in the Starling PUD and shall be restrained or leashed at
all times. Permitted Pets shall not be allowed to become a nuisance or annoyance to neighboring
Owners, nor allowed to bark continuously or uncontrolled at any time. All Permitted Pets shall
be strictly controlled by the Owners to prevent any interference or harassment of birds or
wildlife. Owners are responsible for damage caused by any Permitted Pet, and Owners shall
immediately clean up after their pets on any part of the Starling PUD.
If any animals are caught or identified chasing or otherwise harassing birds, wildlife, or
people, or have become a nuisance or annoyance to neighboring Owners, the Association or any
Owner shall have the authority to have such animals(s) impounded in accordance with the City
of Kalispell animal control regulations.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 17
Rules and Regulations regarding Permitted Pets may be established pursuant to Section
1.38.
Any Owner who causes any animal to be brought or kept in Starling Community shall
defend, indemnify, and hold harmless the Association from any loss, damage, or liability that the
Association may sustain as the result of the presence of such animal in the Starling Community.
4.6 Automobiles and Parking. "Automobile" means a two, three, or four door
passenger vehicle, sports utility vehicle, or pick-up truck with or without a canopy cover or
topper, or a moped or motorcycle, which is primarily used for transporting a small number of
people over public highways. Except as otherwise provided in this Declaration, no Person shall
park Automobiles on or along any Roads, except in areas specifically designated for parking. In
addition to any other remedy available, the Board shall have the right to remove, or cause to be
removed, any Automobile in violation of this Section, without notice and at the expense of the
owner of the Automobile. The Association and the Board shall not be liable for any damages
incurred by the Automobile because of the removal in compliance with this Section, or for any
damage to the Automobile caused by the removal. Parking within the Starling PUD is further
subject to the adoption of Rules and Regulations pursuant to Section 1.38.
4.7 Recreational Vehicles and Parking. "Recreational Vehicle" means
snowmobiles, boats, trailers, all -terrain recreational vehicles, motor homes, mobile homes,
campers, recreational vehicles, commercial type trucks, or other similar vehicles or equipment.
No Owner shall park, store, or maintain any Recreational Vehicle in or on the exterior portions
of a Lot (including driveways) or on the Property. The temporary parking of Recreational
Vehicles for periods of short duration, but not exceed four (4) hours within a forty-eight (48)
hour period, as an incident to loading and unloading thereof, shall not be deemed a violation of
this Section. In addition to any other remedy available, the Board shall have the right to remove,
or cause to be removed, any Recreational Vehicle in violation of this Section, without notice and
at the expense of the owner of such Recreational Vehicle. The Association and the Board shall
not be liable for any damages incurred by the Recreational Vehicle because of the removal in
compliance with this Section, or for any damage to the Recreational Vehicle caused by the
removal.
4.8 Satellite Dishes and Signs. Except as otherwise provided in this Section, Owners
shall not cause or permit anything to be placed, hung, or displayed on the windows or placed
outside of a dwelling (such as flags, air conditioning units, awnings, etc.), except as follows:
(a) One satellite dish per Lot may be installed on the exterior of a structure;
provided, however, satellite dishes are subject to Rules and Regulations adopted pursuant to
Section 1.38 regarding the size and location of such satellite dishes, and condominium or
townhome associations may enact more stringent restrictions regarding the location of such
satellite dishes.
(b) Industry standard size "for sale," "open house," "for rent", or "garage
sale" signs are permitted on a lot for temporarily listing Lots for sale, for open house, or for rent.
All such signs shall be promptly removed when the Lot is sold or leased or the garage sale
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 18
completed. Notwithstanding anything stated in this Section to the contrary, during the time the
Property is being developed and Lots are being sold, the Declarant may erect "for sale" signs.
(c) Political signs are permitted on a Lot; provided, however, political signs
are subject to Rules and Regulations adopted pursuant to Section 1.38 regarding the size of
political signs and the time period during which political signs are permitted.
(d) Owners of commercial Lots may install signs in compliance with the City
of Kalispell Zoning Regulations or other City of Kalispell ordinances.
(e) A sign may be placed at the entrance(s) to the neighborhood to identify the
neighborhood. If required by the City of Kalispell, any neighborhood and identification signs
must obtain sign permit approval through the Kalispell Planning Department.
In addition to any other remedy available, the Board shall have the right to immediately
remove any item that is in violation of the Declaration or Rules and Regulations.
4.9 Utility Lines. City water and sewer lines, power, natural gas, cable television,
Internet, and telephone primary service lines are provided to each Lot. However, each Owner of
a Lot is responsible for the costs of connecting from the main utility lines to the Owner's
Improvements on the Owner's Lot, including any additions to the main utility lines that may be
required by location of the Improvements on the Lot. All utility lines shall be underground.
Private utilities are the responsibility of the Owner.
4.10 Mailboxes. Individual mailboxes and newspaper tubes are not allowed.
Community mailboxes and newspaper deliver areas will be clustered at strategic locations
approved by the Postmaster to simplify mail and newspaper delivery, and such boxes shall be
maintained by the Association.
4.11 Garbage.
(a) All garbage, trash, junk, rubbish, parts, lumber, metals, debris, non-
working or immobile vehicles, and other waste, shall be regularly removed from the
exterior of a Lot and shall not be allowed to accumulate or to become airborne and
carried off the Lot, including during any period of construction, occupancy, or
remodeling.
(b) All garbage and trash requirements of the City of Kalispell shall be
observed.
(c) All garbage, trash, or other debris and waste that is stored outside shall be
kept in a City -approved container. Except on garbage pick-up day, garbage containers
shall be kept in the garage or other enclosure directly adjacent to a structure or fence.
(d) No incinerator or other device for burning of garbage shall be installed or
used.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 19
(e) There shall be no dumping of any sort on other areas of the Starling
Community.
(f) If an Owner violates this Section, the Association, after twenty-four (24)
hours' written notice by mail, email, or personal delivery, may cause the garbage to be
controlled or collected and removed; and, in addition to any other remedy allowed in this
Declaration or at law, may assess the Owner for all costs related thereto as a Default
Assessment.
4.12 Lot Maintenance. Each Owner is required to maintain the Owner's Lot, whether
developed or undeveloped, in a neat, orderly, and safe fashion, including during any
construction, occupancy, or remodeling. All garbage, trash, debris, and waste shall be removed
from the Lot in a timely manner and shall be disposed of properly. Rules and Regulations may be
established regarding the removal of garbage, trash, debris, and waste as set forth in Section
1.38.
4.13 Improvements Maintenance. Each Owner is required to maintain any structure
(buildings, residences, garages, driveways, sidewalks, fences, walls, etc.) on the Owner's Lot in
a neat, orderly, and safe fashion. This includes without limitation repainting, re -staining, re-
siding, reroofing, and other maintenance and upkeep. Each Owner shall also maintain any
landscaping required under the Design Manual and promptly replace any such landscaping that
has been damaged, destroyed, or died.
4.14 Alleys and Woonerfs. Each Owner shall maintain the alley and/or woonerf right-
of-way adjacent to the Owner's Lot. Such maintenance shall include without limitation picking
up and appropriately disposing of garbage and debris and mowing and trimming the alley and/or
woonerf right-of-way. If an Owner fails to maintain their alley and/or woonerf right-of-way, the
Association, after twenty-four (24) hours' written notice by mail, email, or personal delivery,
may cause the right-of-way to be maintained; and, in addition to any other remedy allowed in
this Declaration or at law, may assess the Owner for all costs related thereto as a Default
Assessment.
4.15 Noise. Each Owner is responsible for maintaining the peace and calm of the
neighborhood. Each Owner, whether present at the time of a disturbance or not, is responsible for
the conduct of themselves and their guests, invitees, licensees, and lessees, on an Owner's Lot
and anywhere within the Starling Community. It is a violation of the Declaration to allow noise
to emit beyond a Lot boundary at a level that disturbs another Owner. Sound systems, both
interior and exterior, shall be used in a manner that minimizes sound, noise, and base
reverberation to another Owner and to the neighborhood.
4.16 Fireworks. No fireworks of any kind shall be discharged anywhere within the
Property or on any Lot.
4.17 Peaceful Possession. The Lots and Areas of Common Responsibility shall not be
used for any purpose that interferes with the peaceful possession and proper use of other Lots
and Areas of Common Responsibility by other Owners.
4.18 No waste. No waste is permitted on the Areas of Common Responsibility.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 20
4.19 No Noxious or Offensive Activity. No noxious or offensive activity or odors
shall take place on any Lot or within the Areas of Common Responsibility, nor shall anything be
done thereon which may, or may become, an annoyance to the neighborhood. As used herein, the
term "noxious or offensive activity" shall not include any activities of Declarant or its respective
contractors or subcontractors which are reasonably necessary to the development of and
construction on the Property so long as such activities do not violate the Governing Documents
or the statutes or ordinances any governmental or quasi -governmental entity having jurisdiction
with respect thereto.
4.20 Wildlife Habitat. It is recognized by Declarant, the Association, and the Owners
that birds and wildlife live in or migrate through the Property during various times of the year.
The following limitations on use and development are intended to protect, preserve and maintain
the existing bird and wildlife habitat in the Property and to minimize the adverse effects of
development on the bird and wildlife habitat:
(a) Hunting, capturing, trapping, or killing of birds or wildlife within the
Property is prohibited. Skunks, gophers, and rodents may be trapped by the Board or Manager or
their designee, but poison may not be used.
(b) No feeding or domestication of any birds or wildlife shall be permitted.
No salt licks, bird feeders, or other foods shall be placed upon any Lot or in the Area of Common
Responsibility. Items such as bird feed, horse feed, grains, garbage and dog food shall be stored
inside a structure on a Lot.
(c) Owners and Owners' Invitees should avoid areas of birds or wildlife
concentration. Loud, offensive, or other behavior that harasses or frightens birds or wildlife is
strictly prohibited.
4.21 Lights. All exterior lighting shall be subject to approval by the DRP to ensure that
it is in compliance with the Design Manual.
4.22 No Unsightliness. No unsightliness shall be permitted on the exterior of a Lot.
Without limiting the generality of the foregoing:
(a) No unsightly equipment, objects, or conditions shall be kept on the
exterior of Lot.
(b) Clothes, towels, bedding, and other similar items shall not hung outside.
4.23 Snow Removal. The Association shall be responsible for removing snow from
the alleys, woonerfs, and public sidewalks located in Common Areas, Parks, and Open Spaces.
The Board may cause the Association to remove snow from any other part or portion of the
Common Areas, Parks, Open Spaces, or Trails. Public sidewalks located within the boundaries
of a Lot and private sidewalks leading up to a structure on a Lot shall be the responsibility of the
Owner; provided, however, the Board may cause the Association to remove snow from all public
sidewalks located within the boundaries of the Lots and charge such expense as an Association
Expense.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 21
4.24 Sidewalks. As set forth in more detail in the Design Manual, Lot Owners shall be
responsible for installing, repairing, and replacing public sidewalks located within the boundaries
of each Owner's Lot.
4.25 Noxious Weeds. Each Owner shall be responsible for controlling noxious weeds
on an Owner's Lot. The Association shall be responsible for controlling noxious weeds in the
Areas of Common Responsibility. If an Owner violates this Section, the Association, after
twenty-four (24) hours' written notice by mail, email, or personal delivery, may cause the
noxious weeds to be controlled; and, in addition to any other remedy allowed in this Declaration
or at law, may assess the Owner for all costs related thereto as a Default Assessment.
4.26 Fencing. No fencing shall be permitted along or adjacent to Stillwater Road.
4.27 State, County, and Local Laws and Regulations. All land use regulations and
all other State of Montana, County of Flathead, and City of Kalispell laws, regulations, and
ordinances are enforceable by the Board, and all Owners of said Lots shall be bound by such
land use regulations and laws, regulations, and ordinances. To the extent that the Governing
Documents are more stringent or restrictive than the land use regulations and laws, regulations,
and ordinances, then the Governing Documents shall control.
4.28 Other Condominium/Townhome Declarations. Owners who own units in a
condominium or townhome may be subject to a condominium or townhome declaration and/or
bylaws. The additional covenants, conditions, restrictions, and requirements of any such
condominium or townhome declaration does not, in any way, relieve the Owner from
compliance with the Association's Governing Documents. In the event of any conflict between
the Association's Governing Documents and the governing documents for such condominium or
townhome, the Association's Governing Documents shall control.
4.29 Declarant's Exemption. Notwithstanding any other provision of this Declaration,
nothing contained in this Article 4 shall apply to the activities of Declarant or Declarant's
Affiliates, unless the principal building/structure on such Lot is substantially completed and is
being occupied for its intended purpose. Further, Declarant and Declarant's Affiliate's
Construction Activity and Improvements and Declarant's exercise of any Declarant's Special
Rights are exempt from review by the Board and/or DRP before the Transfer Date.
VIA
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 22
Article 5
AREAS OF COMMON RESPONSIBILITY
5.1 Maintenance of Areas of Common Responsibility. Except as set forth in
Section 4.23 and Section 4.24 and city streets, the Areas of Common Responsibility shall be
maintained by the Association in perpetuity. Maintenance of private alleys and woonerfs shall
include both short term and long term maintenance, including without limitation snow removal,
landscaping, sidewalks, street repairs, overlays, and rebuilds of the alleys and woonerfs.
5.2 Control and Management. Except as set forth in Section 4.23 and Section 4.24
and city streets maintained by the City of Kalispell, the Association, by and through the Board,
shall have the exclusive right to control, operate, maintain, improve, and repair the Areas of
Common Responsibility.
Article 6
EASEMENTS
6.1 Easements Shown on Plat. The Declarant herein 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 any Plat for the
Property as "Utility Easement," to have and to hold forever.
6.2 Easements Reserved to Association. The Association, acting through its Board,
shall be empowered and obligated to grant such easements, licenses, rights -of -entry and rights -
of -way over, under, and across the Property for utility purposes, access purposes, or other lawful
purposes, as may be necessary for the benefit of the Property or the Annexable Area; provided,
however, before the Transfer Date the Board shall obtain the written consent of the Declarant
prior to entering into any easements, licenses, rights -of -entry and rights -of -way.
Article 7
DECLARANT' S RIGHTS
7.1 Annexation.
(a) Until the Transfer Date, Declarant reserves the right from time to time to
expand Starling Community by annexing any or all of the Annexable Area described in Exhibit
B to the Property and subjecting the same to the Declaration. However, the Declarant shall not be
obligated or required to annex such additional lands to Starling Community and the Declarant
may annex a portion or all thereof at Declarant's discretion.
(b) The manner of subjecting a portion or all of the Annexable Area to the
Declaration shall be accomplished by filing in the Public Record an amendment or supplement
for each such annexation containing the following:
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 23
1. An amended Exhibit A providing the amended legal description
for the Property.
2. An amended Exhibit C providing any additional covenants
required by City of Kalispell, Flathead County, Montana.
3. Such other amendments and exhibits as the Declarant deems
necessary or desirable to incorporate the annexed land into the Property and the
Starling Community.
(c) The Declarant shall have the irrevocable right before the Transfer Date to
execute, file, and record any amendment or supplement permitted under Section 7.1, and such
other documents reasonable or necessary to accomplish such annexation. The Owners, the
Association, lien holders, mortgagees, and others acquiring any interest in a Lot herein consent
to the Declarant amending or supplementing the Declaration (and Bylaws, if required), and their
consent is implied to such amendments or supplements by their acceptance or acquisition of any
interest or lien in a Lot; and if the signature of any Owner or any Person having an interest in a
Lot is required by any governmental agency, Declarant is appointed the Owner's and Person's
agent to execute and record such amendments or supplements.
(d) Upon the execution and recording or any such amendment or supplement,
such annexed land shall thereafter be deemed part of the Property and Owners, lien holders,
mortgagees, and others acquiring any interest in a Lot, shall be bound and subject to all
provisions of the Governing Documents.
(e) The amendment or supplement shall be effective at the time it is recorded
in the Public Record.
7.2 Declarant's Easements.
(a) Until the Transfer Date, Declarant hereby reserves for itself and its
assignees, for the benefit of itself and its agents, representatives, successors, assigns, contractors,
and subcontractors, a non-exclusive easement through, over, over, under, and across, the Areas
of Common Responsibility as may be reasonable or necessary to (i) discharge Declarant's
obligations under this Declaration; and (ii) exercise any of the Declarant's Special Rights.
(b) Declarant hereby reserves for itself and its assignees, for the benefit of
itself and its agents, representatives, successors, assigns, contractors, and subcontractors, a non-
exclusive easement through, over, under, and across the Areas of Common Responsibility and
utility easements for ingress and egress for the purpose of inspecting, installing, maintaining,
repairing, replacing, relocating, tapping into, tying into, extending, enlarging, and using hot and
cold water lines, waste water lines, electrical lines, gas lines, internet lines, cable television
systems, master television antenna systems, Roads, ponds, wetlands, drainage systems, and any
other utilities, to further develop the Property and the Annexable Area, whether or not any or all
of such land is made subject to this Declaration. Declarant agrees that it and its successors or
assigns shall be responsible for any damage caused to the Areas of Common Responsibility as a
result of vehicular traffic connected with development of such Annexable Area. Declarant
further agrees that if the easement is exercised for permanent access to all or a portion of such
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 24
Annexable Area and such Annexable property or any portion thereof is not made subject to this
Declaration, the Declarant, its successors or assigns, shall enter into a reasonable agreement with
the Association to share the cost of maintenance of any access roadway serving such Annexable
Area.
(c) Until the Transfer Date, Declarant hereby reserves for itself and its
assignees the right to establish easements within the Property consistent with developing the
Starling Community and any phase thereof.
7.3 Other Declarant's Special Rights. Notwithstanding any other provision
expressly or impliedly to the contrary in the Declaration or Bylaws, the Declarant hereby
reserves for itself and its assignees the following rights:
(a) Until the primary building/structure on a Lot is substantially completed
and is being occupied for its intended purpose, the Declarant shall not be required to pay any
Assessments for a Lot.
(b) Until the Transfer Date, the right to appoint the Board of Directors.
(c) Until the Transfer Date, the right to complete any Improvements on the
Property
(d) Until the Transfer Date, the right to construct and maintain sales offices,
trailers, booths, Improvements, or other structures used for sales or promotional purposes,
management offices, and models on the Property, and the right to construct and maintain signs
advertising the Property and the Lots contained therein. The number, size, and location of any
such sales structures and signage, management offices, or models or the relocation thereof shall
be determined by Declarant.
(e) Until the Transfer Date, the right to exercise any development right,
including, without limitation, the right to add Annexable Area to the Property pursuant to
Section 7.1 and to make that Annexable Area subject to this Declaration; the right to change the
uses for such Annexable Area; the right to subdivide or combine Lots within the Annexable
Area, and the right to record declarations and governing documents of any sub -associations.
(f) Until the Transfer Date, the right to maintain construction equipment on
the Property that is necessary for the development of the Property.
(g) Until the Transfer Date, the right to merge and consolidate the Association
with a property owners association of the same form of ownership.
(h) Until the Transfer Date, the right to not be subjected to the Design
Manual.
(i) Any other right set forth within the Declaration and/or the Bylaws as
reserved to the Declarant and/or its successors or assigns.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 25
7.4 Transfers of Declarant's Special Rights.
(a) The Declarant's Special Rights may be transferred or assigned by the
Declarant in whole or in part. Any such transfer or assignment shall only be effective if it is in a
written instrument signed by Declarant and recorded in the Public Record.
(b) Upon transfer or assignment of the Declarant's Special Rights, the liability
of an assignor is as follows:
(a) An assignor is not relieved of any obligation or liability arising
before the transfer.
(b) An assignor has no liability for any act or omission or any breach
of a contractual or warranty obligation arising from and after the date of such
transfer.
(c) Upon transfer or assignment of the Declarant's Special Rights, the
assignee is subject to all obligations and liabilities imposed on the Declarant by this Declaration
arising from and after the date of such transfer or assignment.
7.5 Rights of Declarant after the Transfer Date. After the Transfer Date, Declarant
will still have the following rights and duties: (i) if still an Owner, Declarant will continue to
have all of the rights and duties given to Members under the Governing Documents; and (ii) any
right or duty of the Declarant that has not been expressly limited as existing only before the
Transfer Date.
7.6 Amendments to Article 7. The Declarant's Rights set forth in Article 7 are
irrevocable, shall be deemed covenants running with the Property, and may not be amended
without the Declarant's written consent.
Article 8
DESIGN GUIDELINES
8.1 General Review and Approval. Any Construction Activity to the exterior of Lot,
including without limitation the exterior of any structure on a Lot, may not be commenced or
maintained except upon the prior written approval of the DRP, as set forth in more detail in the
Design Manual. Except as set forth in Section 8.8, the DRP has the express authority to review,
accept, condition, modify, or deny all plans for any Construction Activity requested by an Owner
to ensure that the Construction Activity complies with the Governing Documents and is
compatible with, and inappropriate for, the Property and Lot.
8.2 Compliance With Governing Documents. Owner acknowledges that, in
connection with any Construction Activities performed by or at the request of an Owner, such
Owner must comply with the applicable provisions of Governing Documents, which documents
may include, among other things, the following: (i) procedures and fees for making application
for design review approval, including, without limitation, the documents and materials to be
submitted and the process utilized to approve or disapprove any submission; (ii) deposits that
may be required before a Construction Activity is commenced; (iii) time limitations for the
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 26
completion, within specified periods after approval, of the Improvements for which approval is
required under such documents; (iv) conditions to any consent or approval that that the DRP
deems necessary or appropriate, including, without limitation, fines for failure to comply; (v) the
nature, kind, shape, height, color, materials and location of Improvements, parking, landscaping,
open space, signage, skylining, setbacks, utilities, storm water management, grading, erosion
control, fencing, interaction with wildlife, fault and landslide areas, air contaminants, water
quality, heat, lighting and glare, noise, vibration, electrical disturbances, fire and other hazards,
permitted uses within specific areas, the scale of development, maximum floor area and other
dimensional limitations, impervious surface, density, construction standards and any other matter
regulated pursuant to the Declaration or the Design Manual.
8.3 Association Use of Consultants. The DRP, upon approval by the Board, or
Board shall have the authority to retain the services of one or more independent consulting
architects, landscape architects, engineers, contractors and experts to advise and assist the DRP
in performing the review functions prescribed in this Article and in carrying out provisions of
the Declaration and Design Manual. Such consultants may be retained to advise the Board and/or
DRP on a single or number of projects or on a continuing basis.
8.4 Fees and Deposits. The Board and/or DRP, upon approval by the Board, shall
have the authority to require reasonable fees to be paid with the filing of applications to offset
expenses. In addition, the Board and/or DRP, upon approval by the Board, shall have the
authority to set and require Owners to post reasonable deposits prior to commencing
Construction Activities for the purpose of assuring that Construction Activities will be completed
within the time specified and in compliance with approved plans and applicable requirements.
8.5 Revocation or Suspension of Approvals. The Board or DRP shall have the
authority to revoke or suspend the review and/or approval and/or order the suspension or
cessation of any Construction Activity for violation(s) of the Governing Documents or for failure
to construct the Improvements in accordance with the approved plans. In addition, the Board
shall have the authority to record a notice of such non-compliance in the Public Record.
8.6 Certificate of Substantial Completion. If requested by the Board or DRP, an
Owner, upon final completion of such Owner's Construction Activity, shall request in writing
from the DRP a certificate of substantial completion. In the event of denial, the DRP shall state
its reasons in writing and provide the Owner a reasonable time to address the reasons for denial
(e.g., complete the Construction Activity in accordance with DRP approval) and reapply for a
certificate of substantial completion. The Board and/or DRP shall not be required to release any
deposits held pursuant to this Article until a certificate of substantial completion has been issued.
8.7 Adoption of Design Manual and Rules and Regulations. Notwithstanding
anything stated to the contrary, before the Transfer Date the Declarant may adopt, amend, add to,
or delete any provision of the Design Manual or related Rules and Regulations, including
without limitation provisions regarding the procedure and fees for making application for design
review approval; establishing design guidelines; establishing deposits that may be required prior
to the commencement of any Construction Activity; and for any other purpose that will assist the
DRP in the DRP's review of applications to perform Construction Activities. Until the Transfer
Date the Declarant shall have the exclusive right to construe and interpret the pertinent
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 27
provisions of any such Design Manual. In the absence of any adjudication to the contrary by a
court of competent jurisdiction, the Declarant's construction or interpretation of the Design
Manual and the provisions of this Article shall be final, conclusive, and binding as to all Persons
and property benefitted or bound by the provisions hereto. The Declarant may delegate any or all
of its rights hereunder to the Board or Association prior to the Transfer Date. After the Transfer
Date, the Design Manual and any related Rules and Regulations may only be adopted, amended,
added to, or provisions deleted, by an Affirmative Vote of the Majority.
8.8 Variances. Until the Transfer Date the Declarant, and thereafter the Board, may,
in their sole and absolute discretion, approve, conditionally approve, or deny a variance from the
Design Manual when (i) there is a valid justification, (ii) where the variance does not have a
negative impact on the Lots or the Property as a whole, (iii) where the variance is reasonable in
relation to the overall character and nature of the area; and (iv) based on design merit. The
Owner shall apply in writing for a variance addressing the above criteria and the precise variance
from the Design Manual that is being requested. The Declarant or Board's decision shall be
stated in writing. The decision to grant a variance shall not be deemed a waiver of any provision
of the Declaration and the Declarant or Board shall not be deemed required to grant a similar
variance under other similar circumstances. No variance shall be granted in violation of any local
land use regulations unless explicitly authorized by the appropriate review agency or agencies.
The Declarant may delegate any or all of its rights hereunder to the Board prior to the Transfer
Date. Neither the Declarant nor the Board is obligated to approve a variance.
8.9 Conflict of Interest. If a director on the Board submits a project to the DRP for
review, that director shall recuse himself from as a voting member of the Board and not
participate in the review and discussion of the submitted Construction Activity if the same comes
before the Board.
8.10 Approvals and Consents. Any approval or disapproval by the DRP shall be in
writing and in the case of a denial shall state the reasons for such denial. Decisions of the DRP
are final unless an Owner appeals in writing to the Board to reconsider the DRP's decision. A
appeal must be made in writing within ten (10) business days after notice of the DRP's decision
and be delivered by personal delivery, mail, or email to the Board. The request will be
considered by the Board at its next regularly scheduled meeting. The Board will in writing affirm
or modify the DRP's decision, and the Board's decision is final.
8.11 Liability. The standards and procedures established by this Article and the
Design Manual are intended to enhance the overall aesthetics of the Property. None of the
Declarant, Association, the Board, or the DRP, nor any of their respective officers, directors,
employees, members, or agents, shall be responsible or liable for ensuring the structural integrity
or soundness of approved Improvement, nor for ensuring compliance with building codes and
other governmental or quasi -governmental entity requirements, nor for ensuring the
appropriateness of soils, drainage, and general site and geotechnical work. A consent or approval
or certificate of substantial completion issued on behalf of the Association means only that DRP
or Board, as applicable, believes that the Construction Activity for which the consent, approval
or certificate was requested complies with the Declaration and Design Manual. No such consent
or approval shall be interpreted to mean that the Construction Activity covered thereby (i)
complies with laws, rules, regulations, ordinances or other requirements of any governmental or
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 28
quasi -governmental authority, or any applicable covenants, conditions or resolutions, (ii) is free
from defects, errors or omissions, (iii) is structurally sound, or (iv) lies within the boundaries of a
Lot, and by submitting materials to the DRP for its review, the applicant shall be deemed to have
waived all claims against the Association, Board, and DRP based on the foregoing disclaimed
matters. None of the Declarant, Association, the Board, DRP, nor their respective officers,
directors, employees, members, or agents of the foregoing, shall be held liable for any injury,
damages, or loss arising out of the manner or quality of approved or disapproved Construction
Activity.
Article 9
ENFORCEMENT AND REMEDIES
9.1 Strict Compliance. Each Owner and the Owner's Invitees shall strictly comply
with all provisions of the Governing Documents.
9.2 Remedies for Non -Compliance. Notwithstanding any specific remedy listed in
any provision of the Governing Documents, the failure to comply with any of the provisions of
the Governing Documents shall, in addition to such specific remedy, be grounds for any or all of
the following: (i) the imposition of fines and other Default Assessments; (ii) the filing and
foreclosure of a lien to recover the amounts owed to the Association; (iii) subject to Section
2.9(t), an action to recover damages or for injunctive relief or both; (iv) suspension of a
Member's right to vote; and (v) any other remedies of the Association as set forth in the
Governing Documents or permitted under Montana law. Any action against an offending Owner
may be maintained by the Association (through the Board) or by an aggrieved Owner.
9.3 Remedies Cumulative. Each remedy provided under Montana law or the
Governing Documents is cumulative and not exclusive.
9.4 Written Notice of Non -Compliance. Except as otherwise stated in the
Declaration for non-payment of Assessments, removal of signs, or removal of Automobiles or
Recreational Vehicles, before a fine, action, or suspension of Membership Rights, the Board
shall provide the Owner with at least ten (10) days' written notice of the alleged violation. Such
written notice to the Owner shall be given either by personal delivery, U.S. Mail, or email, to the
address or email address on record with the Association. Such notice shall be deemed given (i) if
by personal delivery, on the date it is delivered; (ii) if by mail, three (3) days after being mailed;
or (iii) if by email, twenty-four (24) hours after it is sent. The Owner may respond in writing
within ten (10) days after notice is given as to why a violation has not occurred. If a response is
not timely provided, a violation will be deemed to have occurred. If a response is timely
provided, the Board will consider the Owner's written response as promptly as possible and will
notify the Owner in writing as to the Board's decision.
9.5 Discretion. Subject to Section 2.9(t), the Association, through the Board, shall
have the right but not the obligation to enforce any provisions of any of the Governing Documents.
Subject to Section 2.9(t), the decision to have the Association pursue an enforcement action in
any particular case shall be left to the Board's sole and absolute discretion, except that the Board
shall not be arbitrary or capricious in taking enforcement action. The Board's decision to not
pursue enforcement action shall not be deemed a waiver of the right of the Association to enforce
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 29
such provision at a later time or under other circumstances, nor shall it preclude the Association
from enforcing any other covenant, restriction, or rule, nor shall it preclude any Owner from
taking action at law or in equity to enforce the Governing Documents.
9.6 Attorney's Fees. If any lawsuit or proceeding is taken by or against the
Association to enforce the Governing Documents against an Owner, the substantially prevailing
party shall be entitled to reimbursement for all costs, including, without limitation, reasonable
attorneys' fees, court costs, fees to determine the amount of fees, fees on appeal, and all other
expenses incurred by the substantially prevailing party.
9.7 Delegation. The Board may delegate any of its rights or obligations with respect
to enforcement as set forth above to the Manager or an appointed agent; provided, however, any
decision to pursue or not pursue any legal proceeding may not be delegated, and shall be
determined by the Board.
Article 10
SUBDIVISION AND AGGREGATION
10.1 Subdivision. Except for Lot I in Phase 3, no Lot may be divided or subdivided
into smaller Lots, nor any portion thereof sold or otherwise transferred.
10.2 Aggregation. No Lot may be aggregated with another Lot without the written
consent of the governing body for the City of Kalispell, Montana, and before the Transfer Date
the Declarant and thereafter the Board. If a Lot is aggregated with another Lot, after such
aggregation is recorded in the Public Record the aggregated Lots shall be considered one (1) Lot
for all purposes under this Declaration.
10.3 Boundary Line Adjustment. Lots may not make a boundary line adjustment
without the written consent of the governing body for the City of Kalispell, Montana, and before
the Transfer Date the Declarant and thereafter the Board.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 30
Article 11
TERM AND AMENDMENT
11.1 Termination of Declaration. The Declaration, and any amendments or
supplements thereto, shall be binding for a term of forty (40) years from the date it is recorded in
the Public Record. After the initial forty (40) year period, the Declaration shall be automatically
extended for successive periods of ten (10) years unless the Owners of ninety (90) percent of the
Lots vote at a meeting or by written ballot to terminate the Declaration; provided, however, this
Declaration may not be terminated without the consent of the governing body for the City of
Kalispell, Montana.
11.2 Amendment. Within the Declaration, Articles of Incorporation, or Bylaws,
"amend" or "amended" or "amendment" broadly means the right to amend, supplement, restate,
modify, change, add to, or delete provisions of the Declaration.
(a) By Declarant. In addition to the Declarant's rights to amend or
supplement the Declaration pursuant to other provisions of the Declaration, before the Transfer
Date the Declarant, in its sole and absolute discretion, may amend any provision of the
Declaration without the consent or approval of the Owners; provided, however, any covenant
required as a condition of approval by the City of Kalispell shall not be altered or amended
without the agreement of the governing body for the City of Kalispell, Montana.
(b) By Members Before the Transfer Date. Except as otherwise stated in the
Declaration, before the Transfer Date the Members may amend the Declaration by: (i) obtaining
an Affirmative Vote of a SuperMajority; (ii) obtaining the written consent of the Declarant; and
(iii) obtaining the consent of the governing body for the City of Kalispell, Montana if the
amendment amends any covenant required as a condition of approval by the City of Kalispell.
(c) By Members After the Transfer Date. Except as otherwise stated in the
Declaration, after the Transfer Date the Members may amend the Declaration by: (i) obtaining an
Affirmative Vote of a SuperMajority; (ii) obtaining the written consent of the Declarant if the
amendment amends any provision expressly requiring the consent of the Declarant; and (iii)
obtaining the consent of the governing body for the City of Kalispell, Montana if the amendment
amends any covenant required as a condition of approval by the City of Kalispell.
(d) Recording of Amendment. Any amendment adopted pursuant to this
Article is not effective until it is recorded in the Public Record.
Article 12
Interpretation
12.1 Effect of Provisions of Declaration. Each provision of this Declaration, and any
agreement, promise, covenant and undertaking to comply with each provision of this
Declaration, and any necessary exception or reservation or grant of title, estate, right, or interest
to effectuate all easements, grants, and conveyances herein and all other provisions of this
Declaration shall be deemed incorporated into each deed or other instrument by which any right,
title, or interest in any real property within the Property is granted, devised, or conveyed,
whether or not set forth or referred to in such deed or other instrument.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 31
12.2 Interpretation of the Declaration. Before the Transfer Date the Declarant shall
have the exclusive right to construe and interpret the provisions of this Declaration. In the
absence of any adjudication to the contrary by a court of competent jurisdiction, the Declarant's
construction or interpretation of the provisions hereof shall be final, conclusive, and binding as to
all Persons and property benefitted or bound by the Declaration and the provisions hereof.
12.3 Conflicts Hierarchy. In the event that there is any conflict between any
mandatory provision of Montana law, this Declaration, the Articles, the Bylaws, Design Manual,
and the Rules and Regulations, the conflict shall be resolved in the following order: Montana law
(mandatory provisions only), this Declaration, the Articles, the Bylaws, the Design Manual, and
the Rules and Regulations, and Montana law (non -mandatory provisions). If a conflict exists
between a Governing Document and any subsequent amendment of such Governing Document,
the most recent amendment shall control.
Article 13
NHSCELLANEOUS
13.1 Limited Liability. None of Declarant, the Association, the Board, the Manager,
an agent, or employee of any of the same shall be liable to any Person for any action or for any
failure to act with respect to any matter related to the Governing Documents if the action taken
or failure to act was in good faith and without malice. Such parties shall additionally be entitled
to indemnification by the Association to the extent required under applicable law or any
Governing Document.
13.2 Successors and Assigns. Except as otherwise provided herein, this Declaration
shall inure to the benefit of Declarant, the Association, and each Owner and shall be binding
upon Declarant, the Association, each Owner, and their respective heirs, devisees, personal
representatives, successors and assigns.
13.3 Severability. A determination of invalidity of any one or more of the provisions
or conditions hereof, or any portion thereof, by judgment, order or decree of a court shall not
affect in any manner the other provisions or portions of provisions hereof which shall remain in
full force and effect.
13.4 Captions. The captions and headings in this Declaration are for convenience
only and shall not be considered in construing any provisions of this Declaration.
13.5 Gender. The use of the masculine gender in this Declaration shall be deemed to
include the feminine and neuter genders and the use of the singular shall be deemed to include
the plural, and vice versa, whenever the context so requires.
13.6 No Waiver. Failure to enforce any provisions of the Governing Documents shall
not operate as a waiver of any such provision or of any other provision of the Governing
Documents. The Association expressly reserves the right to enforce, against each and every
Owner, each provision of the Governing Documents.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 32
13.7 Service of Process. The name and address of the person to receive service of
process for the Starling Community Association, Inc. shall be the registered agent on file with
the Montana Secretary of State at the time of such service of process.
13.8 Warranties. The Declarant expressly makes no warranties or representations
concerning the Property, the Lots the Declaration, the Articles, the Bylaws, the Rules and
Regulations, the Design Manual, or deeds of conveyance except as specifically set forth therein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 33
IN WITNESS WHEREOF, the Declarant has executed this Declaration of Protective
Covenants, Conditions and Restrictions for Starling Planned Unit Development on this
day of , 20
DECLARANT
STARLING DEVELOPMENT, LLC
a Montana limited liability company
Chad Pelley
Its: Manager
STATE OF )
:ss
COUNTY OF )
This instrument was acknowledged before me on , by Chad Pelley, as
Manager of Starling Development, LLC, a Montana limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
Notary Public
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 34
EXHIBIT A
Legal Description of Property
A tract of land situated, lying and being in the SE'/4NE'/4 and the NE'/4SE'/4 of Section 35,
Township 29 North, Range 22 West, P.M.M., City of Kalispell, Flathead County, Montana, and
more particularly described as follows to wit:
Tract 2 of Certificate of Survey No. 21978 (records of Flathead County, Montana) and
containing 20.840 acres; subject to and together with a 20 foot communication systems
easement, a 40 foot road and utility easement, a 60 foot declared county road, a 30 foot utility
easement, all as shown on the Plat of Starling, Phases 1-3; subject to and together with all
appurtenant easements of records. [Plat Reference �.
The above -described tract of land is known as Starling, Phases 1-3.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 35
EXHIBIT B
Annexable Area
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTH HALF OF THE
NORTH HALF AND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS TRACT 1 OF
CERTIFICATE OF SURVEY 21978.
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHEAST QUARTER
OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS TRACT 4 OF COS
21456.
A TRACT OF LAND, 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, AND MORE PARTCIULARLY DESCRIBED
AS TRACT 5 OF COS 21456.
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER
OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS TRACT 3A OF
COS 21678.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 36
EXHIBIT C
City Required Covenants
In addition to other provisions of the Governing Documents, all Owners of Lots, and all
Improvements constructed on any Lot, shall comply with the deviations from Zoning
Regulations and conditions of approval required by the City of Kalispell, set forth in this Exhibit
C.
A. Deviations from Zoning Regulations allowed per Starling Phases 1-8 PUD (City of
Kalispell Resolution No. 6054).
1. Use. Sections 27.09.010 and 27.09.0303 — Phase 3 uses may include any
permitted uses allowed under 13-1 zoning. Accessory Dwelling Units are allowed on Lots 14, 20,
21, 27, 28, and 34 in Phase 2 and future phases subject to review. ADUs would be subject to
general zoning requirements as well as a requirement that (a) any Lot with an ADU be a
minimum width of 50 feet with a minimum depth of 100 feet; (b) they meet the setbacks for
principal structure; and (c) that the parking for the ADU would be one additional parking space
rather than two. The proposal would allow the ADU to be attached or detached from the
principal structure.
2. Lot Area. Section 27.09.040(1) — The minimum lot size in the RA-1 is 6000
square feet minimum lot size. This deviation would allow a minimum lot size of 4000 square feet
for single-family lots and a minimum lot size of 2350 square feet per unit for parent lots with
townhomes/sublots.
3. Lot Width. Section 27.09.040(2) — The minimum lot width in the RA-1 zone is
50 feet. This deviation would allow a minimum width of 40 feet.
4. Setbacks. Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the
front, 5 feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to the garage
from a street right-of-way. This deviation would allow for a side setback of 3 feet.
5. Permitted Lot Coverage. Section 27.09.040(5) — The maximum lot coverage in
the RA -I zone is 45%. This deviation would allow a maximum lot coverage of 60%.
B. Deviations from Kalispell Subdivision Regulations allowed per Staling Phases 1-8
PUD (City of Kalispell Resolution No. 6054).
1. Road Sections. Section 28.3.14 — This deviation would allow three alternative
road sections: (a) 80 foot urban collector with 16-foot landscape boulevards; (b) 30 foot wide
alleys; and (c) the 32 foot wide woonerf.
2. House Orientation. Section 28.3.14(F)(1) — This deviation allows homes to face
Stillwater Road provided that access is provided only from the alley behind the homes.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 37
3. Alley as Primary Access. Section 28.3.11(B) and (C) — This deviation allows
homes along Stillwater Road to be accessed only from an alley.
C. Conditions of Approval per City of Kalispell Resolution No. 6054
1. All water rights associated with the Property and are reserved to the Declarant,
who shall transfer all water rights to the City of Kalispell.
2. Any Lot adjacent to an alley shall access the building/structure on the Lot from
the alley rather than the city streets.
3. No individual accesses to Stillwater Road are allowed.
4. The recommendation in the Geotech report shall be followed, including providing
additional specific Geotech reports related to buildings and other site improvements for the Lot,
which are to be reviewed and accepted by the City of Kalispell prior to construction.
5. Each Owner waives the right to protest the 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 assessments levied within the maintenance
district shall be determined by the Public Works Department with approvals by the Kalispell City
Council.
6. Each Owner waives the right to protect the creation of a stormwater maintenance
district. This district shall only be activated in the event that the property owner(s) default on
maintenance of the approved stormwater facilities. The assessments levied within the
maintenance district shall be determined by the Public Works Department with approvals by the
Kalispell City Council.
Note: Buyers of property within the Starling Community should ensure that they have obtained
and reviewed all sheets of the Plat and all documents recorded and filed in conjunction with the
Plat and buyers of Lots within Starling Community are encouraged to contact the Kalispell
Planning Department and become informed of any limitations on the use of the Lot prior to
closing.
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 38
EXHIBIT D
Table of Uses for Starling Planned Unit Development- Phases 1 and 2
A. Phases 1 and 2 are zoned RA-1, with a Planned Unit Development overlay known
as Starling PUD.
B. The uses set forth in the Table below are permitted under this Declaration in
Phases 1 and 2, but each Owner is responsible for contacting the City of Kalispell to confirm
whether the Owner's intended use is also permitted under the Zoning Regulations, the Starling
PUD overlayor any amendment to the Starling PUD overlay.
C. All uses allowed under this Declaration must also comply with other provisions
set forth in the Governing Documents.
D. The uses listed are deliberately broad and some are given special definitions in the
Zoning Regulations. The intent of this method is to provide general guidance for uses while
allowing the unique needs and circumstances of each proposal to be specifically addressed
through the DRP design review process. Some uses are the subject of special regulations
contained in the Zoning Regulations.
E. Accessory Dwelling Units ("ADU" or "ADUs") are allowed on specific Lots in
Phase 2. Rental periods of less than 30 days are not permitted for the ADUs. If an ADU is
permitted on a Lot, an ADU may be attached or detached to a single-family residence.
F. This table may not be amended without the written consent of the Declarant.
Table of Uses allowed under this Declaration for Phases 1 & 2
Accessory Dwelling Units attached or detached), but only in Phase 2 - Lots 14, 20, 21, 27, 28, & 34
Daycare- home 12 or fewer
Dwellings- single family
Dwellings- townhouse 2 attached units
Dwellings- townhouse 3 or more attached units
Home occupations
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 39
EXHIBIT E
Table of Uses for Starling Planned Unit Development- Phase 3
A. Phase 3 is zoned RA-1, with a Planned Unit Development overlay known as
Starling PUD that also permits some B-1 uses in Phase 3 of Starling Community only.
B. Pursuant to the Starling PUD overlay, at the time of recording this Declaration the
Lot in Phase 3 has been approved by the City of Kalispell for mixed use with up to 36 live/work
apartments. Should an Owner desire to construct something other than what has been approved
by the City of Kalispell for the Lot in Phase 3, the uses set forth in the Tables below are
permitted under this Declaration in Phase 3, but the Owner is responsible for contacting the City
of Kalispell to confirm whether the Owner's intended use would also be permitted under the
Zoning Regulations, the Starling PUD overlay, or any amendment to the Starling PUD overlay.
C. All uses allowed under this Declaration must also comply with other provisions
set forth in the Governing Documents.
D. The uses listed are deliberately broad and some are given special definitions in the
Zoning Regulations. The intent of this method is to provide general guidance for uses while
allowing the unique needs and circumstances of each proposal to be specifically addressed
through the review process. Some uses are the subject of special regulations contained in the
Zoning Regulations.
E. These tables may not be amended without the written consent of the Declarant.
Table 1- RA-1 Uses Allowed under the Declaration in Phase 3
Bed and Breakfast
Daycare- home 12 or fewer
Daycare- center 13 or more
Dwellings- single family
Dwelling- duplex
Dwellings- townhouse 2 attached units
Dwellings- townhouse 3 or more attached units)
Dwelling- multifamily
Home occupations
Community Center
Parks
Schools- K-12(private)
Schools- K-12(public)
Schools- post second(private)
Schools- post second(public)
Schools- Commercial
Table 2- B-1 Uses Allowed under the Declaration in Phase 3 (only)
Daycare- home (12 or fewer)
Dwellings- single family
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 40
Dwelling- duplex
Dwellings- townhouse (2 attached units)
Home occupations
Parks
Schools- K-12 (public)
Schools- post second (public)
Schools- Commercial
Bakery
Banks and financial institutions
Barber and beauty services
Laundromats and dry cleaners
Office- Professional / Governmental
Pack and Ship
Photographic Studio
Repair Shops (closing, electronic)
Restaurants (no outdoor intercoms, less than 4000 SF
Retail, limited (enterprises no larger than 4000 SF, and office supply)
Veterinary clinic- small animals
Print and Copy Shop
DECLARATION OF PROTECTIVECOVENANTS,
CONDITIONS AND RESTRICTIONS FOR STARLING PLANNED UNIT DEVELOPMENT PAGE 41