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E3. Ordinance 1907, Stillwater Village Zoning
Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: MEETING DATE: Ordinance 1907 – Stillwater Village Zone Change Second Reading April 17, 2023 BACKGROUND: Owl Corporation and Flathead Village Greens, LLC, have submitted a request for a zone change from R-2 (Residential) to R-4 (Residential) covering approximately 182.15 acres, as well as a request for major preliminary plat approval for Stillwater Village, a subdivision with eight (8) phases containing a total of 181 lots (67 detached single-family and 114 attached single-family homes) on approximately 47.17 acres in lots, streets, common areas, and land held for future development. Additionally, the plat contains approximately 20.01 acres as park area and park access (for a total of approximately 67.18 acres) to serve both the initial eight phases and future phases on the overall property that are not part of the initial preliminary plat. The property was previously annexed in 2007. The property is located south of Silverbrook Estates, west of Highway 93 and Hagerman Lane, north of Northern Pines Golf Course, and bordering the Stillwater River on the western edge of the property. The property can be described as Tracts 1 and 2 of Certificate of Survey No. 22183, on file and of record in Flathead County, Montana, located in the Southwest Quarter of the Southeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 13 and the North Half of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 24, Township 29 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. The Kalispell City Council, at their meeting on April 3, 2023, approved the first reading of Ordinance 1907 relating to the initial zoning unanimously. The Council also approved the preliminary plat. RECOMMENDATION: ZONE CHANGE: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1907, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by rezoning certain real property described as Tracts 1 and 2 of Certificate of Survey No. 22183, on file and of record in Flathead County, Montana, located in the Southwest Quarter of the Southeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 13 and the North Half of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 24, Township 29 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana, to City R-4 (Residential) in accordance with the Kalispell Growth Policy Plan – It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1907 March 14, 2023, Kalispell Planning Board Minutes Amended Staff Report Application Materials & Maps Public Comments c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1907 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS TRACTS 1 AND 2 OF CERTIFICATE OF SURVEY NO. 22183, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13 AND THE NORTH HALF OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-2) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN – IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Owl Corporation and Flathead Village Greens, LLC, the owners of the property described above, petitioned that the zoning classification attached to the above- described tract of land be zoned R-4 on approximately 182.15 acres of land; and WHEREAS, the property is located south of Silverbrook Estates, west of Highway 93 and Hagerman Lane, north of Northern Pines Golf Course, and bordering the Stillwater River on the western edge of the property; and WHEREAS, Owl Corporations and Flathead Village Greens’ petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-22-05, dated March 8, 2023, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Residential, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy Plan-It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KZC-22-05. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as R-4, Residential, on approximately 182.15 acres of land. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 17TH DAY OF APRIL 2023. ______________________________________ Mark Johnson ATTEST: Mayor __________________________ Aimee Brunckhorst, CMC City Clerk Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page | 1 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING March 14, 2023 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham (chair), Pip Burke, Kevin Aurich, Doug Kauffman, Rory Young, Kurt Vomfell, and Joshua Borgardt. Kari Barnhart, PJ Sorensen, and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Burke seconded a motion to approve the minutes of the February 14, 2023, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KPP-22-07, KZC-22-05 STILLWATER VILLAGE A request from Owl Corporation and Flathead Village Greens, LLC, for a zone change from R-2 (Residential) to R-4 (Residential) covering approximately 182.15 acres, as well as a request for major preliminary plat approval for Stillwater Village, a subdivision with eight (8) phases containing a total of 181 lots (67 detached single-family and 114 attached single-family homes) on approximately 46.78 acres in lots, streets, common areas, and land held for future development. Additionally, the plat contains approximately 20.01 acres as park area and park access (for a total of approximately 66.79 acres) to serve both the initial eight phases and future phases on the overall property that are not part of the initial preliminary plat. The property is located south of Silverbrook Estates, west of Highway 93 and Hagerman Lane, north of Northern Pines Golf Course, and bordering the Stillwater River on the western edge of the property. The property can be described as Tracts 1 and 2 of Certificate of Survey No. 22183, on file and of record in Flathead County, Montana, located in the SW1/4 of the SE ¼ and the SE ¼ of the SW ¼ of Section 13 and the N ½ of the NE ¼ and the NE ¼ of the NW ¼ of Section 24, Township 29 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-22-05 and #KPP-22-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff reports #KZC-22-05 and #KPP-22-07 as findings of fact and recommend to the Kalispell City Council that the zone change and preliminary plat for Stillwater Village Phases 1-8 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members and staff discussed the Traffic Impact Study (TIS), wetland setback, pedestrian access, lighting and light pollution, and issues with Highway 93. Sorensen advised that the developer is only responsible for the impact that they create and Haskins advised that the MDT is not required to move forward with the City’s TIS recommendations. PUBLIC COMMENT Susan Bergstrom – 135 W Monture Ct – Owns property adjacent to the proposed subdivision - Expressed concerns about the lack of buffer between the 2 subdivisions, traffic on Hwy 93, the zone change being uncharacteristic of Silverbrook or Northern Pines, and losing her mountain views. She would like for the zoning to remain R-2. Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page | 2 Heather McDonald – 304 Fox Hollow Ct – Northern Pines HOA President – Has concerns regarding density, Hwy 93 traffic, and light pollution. She requested a speed study between Reserve Dr. and Church Dr.. Will Warberg – 102 Quail Ct – Supports Ms. McDonald’s comments and requested traffic mitigation recommendations. Rodney Fowler – 115 Grouse Haven Way – Silverbrook HOA President – Is concerned for motorist safety, loss of service, increased traffic on Hwy 93, and density. He requested the Board delay their decision so staff can further evaluate and encourage all parties to collaboratively address the Silverbrook HOA concerns. Dennis Bar – 110 Sage Grouse Way – Expressed concerns for public safety due to increased traffic and stated that there are contradictions between the staff report and the TIS. He requested that this be sent back to the planning department to re-evaluate the TIS. Rob Braig – 210 Wild Pine Ct – Concerned about comments from Fish, Wildlife & Wildlife comments, the lack of detail for the entire 182 acres, lighting, and higher density for R-4 zoning. He requested plans for all 182 acres. Eric Mulcahy – Sands Surveying – Representing the developer – Provided a brief history of the parcel and advised that the developer did not apply for preliminary plat for the entire 180 acres because it would be a massive project and they could not predict the land use. He stated that that the TIS is presently under review with Kalispell Public Works and MDT. MOTION – KZC-22-05 Kauffman moved and Young seconded that the Kalispell Planning Board adopt staff report #KZC-22-05 as findings of fact and recommend to the Kalispell City Council that the zoning for the property be changed from R-2 (Residential) to R-4 (Residential). BOARD DISCUSSION Board members discussed comments regarding the zone change and how it fits in the growth policy, the traffic impact study, the buffer between the subdivisions, and street lighting. ROLL CALL Motion passed unanimously on a roll call vote. MOTION – KPP-22-07 Young moved and Kauffman seconded that the Kalispell Planning Board adopt staff report #KPP-22-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Stillwater Village Phases 1-8 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KPP-23-02 BITTERROOT HEIGHTS NO. 2 A request from Michael Sandefer for preliminary plat approval for Bitterroot Heights No. 2, a major subdivision containing approximately 4.2 acres. The subdivision would include 13 single family lots and park area. The property is generally located on the west side of North Riding Road and south of West Northview Loop, and includes property currently addressed as 249 Three Mile Drive. The property can be described as Parcel A and Lot 1A, shown on Certificate of Survey 21303, being situated in the southeast quarter of the southwest quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KPP-23-02. Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page | 3 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bitterroot Height No. 2 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members and staff discussed subdivision regulations and acceptance of third- party sound study reports. PUBLIC COMMENT Eric Mulcahy – Sands Surveying – Representing the developer – Provided a brief summary of the project. Renae Solum – 33 W. Northview Loop – Expressed concerns with the location of the mailboxes and traffic on 3 Mile Drive. MOTION – KPP-23-02 Vomfell moved and Aurich seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bitterroot Height No. 2 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Kauffman, Graham, and Young stated that this is a good infill project. ROLL CALL Motion passed unanimously on a roll call vote. KA-23-02, KPP-23-03 CREEKSIDE SUBDIVISION A request from Brent Holdings, LLC, for annexation and initial zoning of R-4 (Residential), along with a request for major preliminary plat approval for Creekside Subdivision, a residential subdivision on approximately 24.51 acres with 71 lots (35 detached single-family and 36 attached single-family), along with streets, parks, and open space. The property is located at 1111 Farm-to-Market Road and is more particularly described as Parcels C and D of Certificate of Survey No. 8903 in the Northwest Quarter of the Southwest Quarter of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-23-02 and KPP-23-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports #KA-23-02 and KPP-23-03 as amended as findings of fact and recommend to the Kalispell City Council that the annexation and preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board members and staff discussed sewer conditions, geotech, subdivision regulations related to buildable lots and use of alleys as the primary means of access. Young felt that the proposed subdivision did not meet the subdivision regulations. Sorensen advised that the interpretation of the regulation is consistent with to how the city has applied the standard in the last 20 or more years. PUBLIC COMMENT Nick Venturini – 1145 Farm to Market Rd – Lives directly north of the property. Has concerns for wildlife impact, land use, livestock, and trespassing. Cindy Verzalik – 951 N Camas Ln – Lives directly across from the property. Concerned about cars going in and out, traffic sounds, and losing her mountain views. Tina Venturini – 1145 Farm to Market Rd – Lives directly north of the property. Concerned about trespassing, increased traffic, and impact additional students will Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page | 4 have to West Valley School District. She also is concerned that a 20ft alley is not wide enough for fire trucks. Francisco Carbajal – 456 Mountain Vista Way – Concerned about water supply, increased traffic, and speed limits. Jordyn Mallet– Morrison-Maierle – representing the developer – Advised that the developer is collaborating with other developers nearby on water and sewer with the City. Andi Kitzmiller – 487 Mountain Vista Way – Has electrical grid concerns and will lose his mountain views. MOTION – KA-23-02 Vomfell moved and Kauffman seconded recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-23-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-4 (Residential). BOARD DISCUSSION Young could not support the application due to his interpretation of the subdivision regulations and because he is concerned that the alley width may not meet the International Fire Code width requirement. ROLL CALL Motion passed 6-1 on a roll call vote. MOTION – KPP-23-03 Vomfell moved and Kauffman seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Creekside Subdivision be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members discussed site distances, access to the subdivision, and comments regarding infrastructure, taxes, the nearby shooting range, water supply, and visualization. MOTION – KPP-23-03 AMENDMENT Kauffman moved and Vomfell seconded to amend the conditions of KPP-23-03 to include condition 36 the westernmost alley located between lots 30A/B through 34A/B and Lots 35A/B through 39A/B shall be a minimum 20 feet wide with a minimum paved width of 20 feet to provide for fire access. As a private alley, the covenants shall require that the alley be free of parked vehicles and other obstacles. ROLL CALL – KPP-23-03 AMENDMENT Motion passed unanimously on a roll call vote. ROLL CALL – KPP-23-03 Motion passed 5-2 on a roll call vote. KCU-23-01 – A RAY OF HOPE A request from Dave McLean as director of A Ray of Hope for the expansion of its facility at 46 Fifth Avenue West, which is located in the B-3 (Core Area Business) zone. The expansion involves the construction of an approximately 1280 square foot garage on the rear of the lot. The garage would include an apartment in the second story. The property was granted a conditional use permit for a private shelter in March 2005 and this conditional use permit would be considered an expansion of the prior approval. The property can be more particularly described as Lot 6 of Block 159 of Kalispell Addition No. 1, Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. STAFF REPORT Kari Barnhart representing the Kalispell Planning Department reviewed Staff Report #KCU-23-01. Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page | 5 Staff recommends that the Kalispell Planning Board adopt staff report #KCU-23-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members and staff discussed the CUP conditions. PUBLIC COMMENT Dave McLean -200 Harris Ranch Rd – Director of A Ray of Hope – provided a brief summary of the program which includes multiple tests, goal setting, and counseling. He also advised that there would not be an increase in density. Rudy Kessner – 134 Garden Dr – Supports the CUP because it serves the community. MOTION – KCU-23-01 Vomfell motioned and Kauffman seconded that the Kalispell Planning Board adopt staff report #KCU-23-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members discussed the conditions of the CUP and the benefits it would provide to the community. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Sorensen advised the board that there will be no Planning Board Meeting in April. Nygren advised the board that there are 30+ bills in Helena that may affect the Planning Department function and encouraged board members to reapply if their term is up to maintain experience on the board. ADJOURNMENT The meeting adjourned at approximately 8:53pm. __________________ ___________________ Chad Graham Kirstin Robinson President Recording Secretary APPROVED as submitted/amended: 1 STILLWATER VILLAGE (AMENDED) ZONE CHANGE - STAFF REPORT #KZC-22-05 MAJOR SUBDIVISION - STAFF REPORT #KPP-22-07 KALISPELL PLANNING DEPARTMENT MARCH 8, 2023 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Owl Corporation and Flathead Village Greens, LLC, for a zone change containing approximately 182.15 acres and major preliminary plat approval on approximately 67.18 acres of the zone change area. A public hearing has been scheduled before the Planning Board for March 14, 2023, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION This report relates to a request for a zone change from R-2 (Residential) to R-4 (Residential) covering approximately 182.15 acres, as well as a request for major preliminary plat approval for Stillwater Village, a subdivision with eight (8) phases containing a total of 181 lots (67 detached single-family and 114 attached single-family homes) on approximately 47.17 acres in lots, streets, common areas, and land held for future development. Additionally, the plat contains approximately 20.01 acres as park area and park access (for a total of approximately 67.18 acres) to serve both the initial eight phases and future phases on the overall property that are not part of the initial preliminary plat. The property was previously annexed in 2007. A: Applicant: Mark Owens Owl Corporation and Flathead Village Greens, LLC 500 Palmer Drive Kalispell, MT 59901 2 B: Location: The property is located south of Silverbrook Estates, west of Highway 93 and Hagerman Lane, north of Northern Pines Golf Course, and bordering the Stillwater River on the western edge of the property. The property can be described as a Tracts 1 and 2 of Certificate of Survey No. 22183, on file and of record in Flathead County, Montana, located in the SW1/4 of the SE ¼ and the SE ¼ of the SW ¼ of Section 13 and the N ½ of the NE ¼ and the NE ¼ of the NW ¼ of Section 24, Township 29 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. C: Existing Land Use and Zoning: The subject property is currently vacant and being used for agricultural purposes. The current zoning for the property is city R-2 (Residential). The R-2 zone is “a district intended to provide adequate lot areas for lower density residential development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will normally require all public utilities. This zoning district would typically be found in areas designated as suburban residential on the Kalispell Growth Policy Future Land Use Map.” D. Size: The subject property is approximately 182.15 acres. E: Adjacent Zoning: North: County AG-80 East: R-2/PUD South: County R-1 & R-2 West: R-3 F: Adjacent Land Uses: North: Single-family East: Single-family and Highway commercial South: Golf Course and Single-family West: Stillwater River 3 G. Proposed Zoning: The proposed zoning of the property would change the zoning for the full property from R-2 (Residential) to R-4 (Residential). The R-4 zone is a district “comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as suburban residential and urban residential on the Kalispell Growth Policy Future Land Use Map.” H: General Land Use Character: The subject property is located along Highway 93 North between the highway and the Stillwater River. It is adjacent to Silverbrook Estates to the north and the Northern Pines Golf Course to the south. It is in a primarily residential area with a mix of commercial and industrial areas along the highway within county jurisdiction. The development of the area includes several older county residential subdivisions with larger tract development, with a number of newer city subdivisions with higher densities developing over the last 20 years, including Silverbrook, Eagle Valley Ranch, and Quail Meadows. It is anticipated that the pattern of development will continue with urban development throughout the area due, in part, to the availability of city services. I: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. The proposed zoning is supported by that designation. The City of Kalispell Growth Policy Plan-It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. 4 J: Availability of Public Services and Extension of Services: Water and sewer services are available to the property with mains in the highway right-of-way and to the north of the property. Specific design will be necessary given that the sewer main in the highway is a force main and will necessitate routing through existing lift stations that may need be upsized for additional capacity. The location and configuration of roads, utilities and connections will be reviewed in detail during engineering review of the project. The configurations shown on documents provided with the application for preliminary plat should not be construed as being approved until full engineering review and approval is completed. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5 (Edgerton)/Glacier High School Fire: City of Kalispell Police: City of Kalispell 5 I. Zone Change Evaluation Based on Statutory Criteria The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned city R-2 (Residential). The proposed zoning of the property would change the zoning to R-4 (Residential). The R-4 zone is a district “comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as suburban residential and urban residential on the Kalispell Growth Policy Future Land Use Map.” 1. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. The proposed zoning is supported by that designation. The City of Kalispell Growth Policy Plan-It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. 2. Will the requested zone have an effect on motorized and non-motorized transportation systems? The zoning designation itself will have little direct impact on the transportation systems. Development of the site is subject to subdivision review, which would include a traffic impact study to address those impacts. With impacts to the transportation system appropriately mitigated, the zoning request would be appropriate. Without the appropriate mitigation, the higher density provided with the zone change would not be supportable. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police, fire protection, water and sewer service are currently available to the area. 4. Will the requested zone promote the public health, safety and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classification, will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 6 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property. Specific details for provision of services are addressed as part of the preliminary plat. 7. Will the requested zone promote compatible urban growth? The subject property is located along Highway 93 North between the highway and the Stillwater River. It is adjacent to Silverbrook Estates to the north and the Northern Pines Golf Course to the south. It is in a primarily residential area with a mix of commercial and industrial areas along the highway within county jurisdiction. The development of the area includes several older county residential subdivisions with larger tract development, with a number of newer city subdivisions with higher densities developing over the last 20 years, including Silverbrook, Eagle Valley Ranch, and Quail Meadows. It is anticipated that the pattern of development will continue with urban development throughout the area due, in part, to the availability of city services. The R-4 designation would be consistent with the overall growth patterns and the infrastructure supporting the development of the property would further support compatible urban growth. 8. Does the requested zone give consideration to the character of the district and its particular suitability for particular uses? The proposed zoning district is consistent with the development trends of the area. As detailed herein, it gives due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the zones will promote compatible and like uses on this property as are likely to develop on other properties in the area. Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods as they develop. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case, water mains and sanitary sewer both are adjacent to the site. The 7 proposed zoning is consistent with the proposed growth policy future land use designation and is compatible with current zoning in the immediate area. II. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT 8 The preliminary plat contains eight (8) phases with a total of 181 lots (67 detached single-family and 114 attached single-family homes) on approximately 47.17 acres in lots, streets, common areas, and land held for future development. Additionally, the plat contains approximately 20.01 acres as park area and park access (for a total of approximately 67.18 acres) to serve both the initial eight phases and future phases on the overall property that are not part of the initial preliminary plat. A. Effects on Health and Safety: Fire: The property would be considered to be at low risk of fire because any building constructed within the subdivision would be built in accordance with the International Fire Code and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the fire code and approved by the Fire Chief. Access: The access for the subdivision would be provided with a street connection to Silverbrook Drive to the north of the subdivision, which connects to Highway 93. The connection to Silverbrook Drive would be through common area within Silverbrook Estates in an easement provided to the City when Silverbrook Estates was created as shown on their final plat. Under the subdivision regulations, a second full access is required to serve 50 or more units or if the primary access road exceeds 1000 feet in length. The Stillwater Village plat includes a second access to the highway. The access will need to be developed prior to final plat for the second phase of the subdivision. It should also be noted that fire sprinklering for the homes would be required under the fire code if more than 30 units are developed without the second access in place. The access itself would be right-in/right-out, particularly given the fact that the highway is divided at that point. Geology: Outside of the area along the river, the overall site is generally flat without any major topographical or geological features limiting development, although there is a high knoll in the eastern portion of the subdivision that will be cut to provide more suitable 9 grades for street and home construction. The subdivision regulations require that each lot must be able to be accessed by a minimum ten-foot-wide driveway with a maximum 7% slope. Prior to final plat, it should be demonstrated that the appropriate grades are met. A Geotech report was prepared analyzing the site. The report included recommendations for construction that should be followed. In addition, soil migration analysis must be performed due to the propensity of fines migration into trench backfill in the area. The applicant will need to submit a utility trench backfill material in accordance with ASTM D-2321 (relates to bedding for utilities) to Public Works for review and approval or provide an acceptable alternative to prevent fines migration. Flooding: The subject property that will be developed with homes is located outside of the 100-year floodplain per the Flood Insurance Rate Map (and 30029C1415J, effective date of November 4, 2015). A portion of the park area would contain some floodplain related to the river. Any development of that area may be subject to floodplain development permits, 310 permits from the Conservation District, or other permits from related agencies. B. Effects on Wildlife and Wildlife Habitat: There is a river and associated wetlands on the western edge of the property in the location of the proposed park which would provide some aquatic and riparian habitat. There does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks which shows that the property does not provide important riparian wildlife habitat. It also includes information relating to deer, elk and moose habitat. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. The whitetail map shows an area of winter range along the western portion of the overall property. The creek and wetlands would be protected with a 100-foot required setback to any property lines from the wetlands, and a 200-foot setback from the river that allows only limited uses. Prior to construction, the developer will need to submit an erosion/sediment control plan for review and approval which will help protect the habitat during construction. Fish, Wildlife, and Parks submitted comments related to the project indicating that the site does contain value to wildlife given that it is adjacent to the river and within the riparian corridor. The comments would encourage minimizing the development footprint by clustering homes and providing large common areas as well as appropriate setbacks from the river and wetlands. The proposal for this plat is designed to place the homes well away from both the river and wetland area. The twenty-acre area by the river, including the wetlands, would be left in a natural state to a significant extent, with the development of that portion of the property restricted primarily to park area and stormwater facilities. The design serves to protect the more sensitive areas of the site both during and after construction. 10 C. Effects on the Natural Environment: Surface and groundwater: The subdivision will be served by public water and sewer thereby minimizing any potential impacts to groundwater. According to the Geotech report, groundwater would typically range between 10 feet and 15 feet below the surface. Drainage: Roadways will be paved and curb/gutter will channel runoff to designed low points, where storm water will be collected and routed to storm water ponds. Any open storm water facilities should have an elevated aesthetic design to be reviewed and approved by both the Public Works and Parks Departments. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction and storm water management program. Final design will be approved by the Kalispell Public Works Department prior to development, and any construction activity within the wetland areas will need to be in compliance with the US Army Corps of Engineers requirements. The storm water ponds will be required to be on utility lots, and access for maintenance of the ponds needs to be provided in accordance with city standards. A condition of approval requires that a property owners’ association be created for the maintenance of the common area which would include the common area drainage easements. In order to help ensure the continued maintenance of the storm water facilities, 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. Lastly, the developer is required to submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. Wetland and Watercourse Setbacks: Under Section 28.3.06 of the subdivision regulations, a minimum 100-foot setback is required from wetlands to any proposed lot boundaries. Under Section 28.3.07, a minimum 200-foot setback is required from the Stillwater River, which allows only limited uses. All property lines are outside of the setback from the wetlands. Areas within the 200-foot setback from the river would be limited to park area and drainage facilities, which are allowed uses within the setback area. A wetland assessment must be completed in accordance with City of Kalispell Standards for Design and Construction. Appropriate protection and mitigation strategies, if necessary, shall be reviewed and approved by the city and other applicable agencies with jurisdiction over wetlands and other sensitive areas. 11 D. Effects on Local Services: Water: Water to the development will be provided by the City of Kalispell. The developer will tie into an existing water main extension that runs to the north of the subject property within Silverbrook that will be connected through an easement. Additionally, per the water facility plan, there will be a 12” connection to the main in the highway in the southern access road which will connect to the main from the north, forming a looped system. They will then extend the mains throughout the development. The water system will be reviewed and approved by the Kalispell Public Works Department as part of the development of the project under the Standards for Design and Construction. There is adequate capacity within the city’s water system to accommodate this subdivision. There are water rights connected to the property, and proportionate water rights shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. With the continued agricultural use on a portion of the overall property, it is possible to dedicate all of the water rights for the property with a usage agreement that would allow continued use of the water for agricultural purposes on the property if the developer wished to pursue that option. It should be noted that latecomers fees would apply for connections to the water system. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The developer will tie into an existing lift station (Lift Station 39) in Silverbrook, which will then extend throughout the development. A recent lift station capacity analysis for the lift station indicated that it is operating at approximately 87% of the design capacity. A capacity analysis of downstream lift stations shall be performed with each new phase of development in accordance with the City of Kalispell Standards for Design and 12 Construction. The cost for any lift station upgrades required to serve the subdivision shall be borne by the development in accordance with city of Kalispell Standards for Design and Construction. The sewer system will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. There is adequate capacity within the city’s sewer system to accommodate this subdivision. It should be noted that latecomers fees would apply for connections to the sewer system. Access and Roads: The development has street connections to Silverbrook Drive through a 60-foot easement in Silverbrook subdivision common area, which is described above relative to site access, and a southern access to Highway 93. Impacts to the common area, including restoring pedestrian connectivity, should be appropriately mitigated with a design to be reviewed and approved by the Public Works and Parks Departments. The connection to the highway will need to be reviewed and approved by the Montana Department of Transportation (“MDT”) in conjunction with the City of Kalispell Public Works Department. There are no frontages on existing roads immediately adjoining the subdivision that would require improvements. The applicant submitted a Traffic Impact Study (“TIS”) from Abelin Traffic Services dated August 2022, along with an updated TIS dated January 2023 and supplements dated November 16, 2022, and February 15, 2023. The traffic impact study analyzed the full buildout of the proposed development. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the approaches and nearby intersections. The original report recommended no mitigation. However, under the city Standards for Design and Construction, the development is required to maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. The TIS completed for the development indicates a drop in the Level of Service (“LOS”) for the intersection of Silverbrook Drive (Tronstad Road) and Highway 93 from a LOS B to a LOS C. Improvements required to maintain the existing level of service will be required. The amended TIS indicates that mitigation at the intersection consisting of a ¾ turn (i.e. no left turn out onto the highway) would serve to maintain the existing level of service. The mitigation should be installed in conjunction with the first phase of the subdivision. Most internal streets would be built to local street design standards pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. The internal streets would also include a minor collector, which would be the north-south street connecting Silverbrook Drive to the southern access road to the highway (designated as Road B), and then east from that intersection to the highway (designated as Road A). The road geometries for the collector shall be appropriate to allow for snow storage and future sidewalk construction within the right-of-way on the east side of Road B, with standard right-of-way improvements on the west side of the road. It should be noted that the plat shows a wider right-of-way than typically is used (72 feet vs the standard 60 feet). The additional width is to allow for appropriate cuts on the existing knoll which the road would extend through. On Road A, the area between the intersection with Road B and the highway 13 would develop with a rural cross section, but any portion of Road A (both as a collector or as a local street) should develop to a full urban standard, although the sidewalk on the southern side of Road A could be constructed with future phases. No lots shall have driveway access onto a collector street. An additional comment from Public Works relates to an existing irrigation water main and power line that are shown inside Road A. This private infrastructure must be removed and/or relocated outside of the city right-of-way. Additionally, the subdivision regulations (Sec 28.3.25) require that the final plat include a note stating that “The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision” and the conditions of approval should require the note on the plat. Schools: The property is within the boundaries of School District #5 (Edgerton) and Glacier High School. On average, it would be anticipated that there would be about 90 students (K-12) from the neighborhood at full build-out. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision’s impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 62 is located approximately 2.5 miles away providing good response time. Parks and Recreation: Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 5.43 acres for the area subject to this plat (or the equivalent value in land with improvements). Each phase will be required to provide at least the minimum amount of parkland to support that phase. The subdivision design includes a homeowners’ park containing 19.7 acres, although the park would contain wetlands, marshy areas, and other features which would not count towards the parkland requirement. Also, it is intended that the park area would support future development on the property that is not part of this preliminary plat. The park will include amenities, the specifics of which will be determined during the detailed subdivision design review in conjunction with the Parks Department. The final park design needs to have recreational value and not just be open space. Final design and approval will need to be done prior to requesting final plat. Based on discussions between the applicant and the Parks Department, the design shall include, but not necessarily be limited to, (1) an ADA hard surfaced bike/pedestrian trail meeting city standard, (2) a gazebo overlooking the river, and (3) interpretive wildlife signage as part of the trail system. As a phased development, an ADA-compliant, city approved access 14 connecting any final platted lot to the park shall be included to ensure that residents have the ability to get to and use the park area. Any development of the park area may be subject to floodplain development permits, 310 permits from the Conservation District, or other permits from related agencies. The platted area also includes areas that are being reserved for future development that function as open space within the development. As with any common area, an appropriate landscape plan should be implemented both for aesthetics as well as addressing weeds, dust, and related issues. It is imperative that all of these areas be well maintained for the visual aspects of the project and the functionality of the parks, open space, and storm drainage areas. The proposal includes covenants and a management plan providing for maintenance of the shared facilities. However, staff recommends that, in addition, a note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners’ association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 3.8 miles from the site. E. Effects on Agriculture and agricultural water user facilities: Although the property is adjacent to both city and county residential development, this property currently is used as farmland. The intent of the applicant is to continue to allow farming to continue on the portion of the overall property not subject to the preliminary plat through an existing lease. According to the Kalispell Growth Policy Resources and Analysis Section, “Important Farmlands” map, the property may include some prime farmland if irrigated. Current policies in the Kalispell Growth Policy Plan-It 2035, Chapter 5, Land Use: Natural Environment, state the following: Policy – Encourage urban growth only on agriculture lands entirely within the city’s annexation policy boundary. The subject property is entirely within the annexation policy boundary and was previously annexed. By allowing higher density development within the city’s growth policy area, it can reasonably be expected that more farmlands could be conserved 15 because the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. With the current plan to continue to farm on a portion of the property, the applicant’s Environmental Assessment notes that “Right-to-Farm” language could be included on the plat notifying subsequent purchasers of the activity and the possibility of herbicides, pesticides, dust, and noise from that activity. As a protection to the applicant and the farmer, the plat note would be appropriate, although would not be required as a condition of approval. As noted relative to water service, there are water rights connected to the property, and proportionate water rights shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. With the continued agricultural use on a portion of the overall property, it is possible to dedicate all of the water rights for the property with a usage agreement that would allow continued use of the water for agricultural purposes on the property if the developer wished to pursue that option. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. The proposed zoning is supported by that designation. The City of Kalispell Growth Policy Plan-It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. G. Compliance with Zoning: The request includes a proposal to rezone the property from R-2 to R-4, and the subdivision complies with the R-4 zoning regulations. However, it should be noted that the zone change is reliant on appropriate traffic impact mitigation through the subdivision conditions. If traffic is not mitigated to support the higher density associated with R-4 zoning, the rezoning would not be appropriate and the subdivision as proposed would not comply with R-2 zoning regulations, thus requiring a redesign to meet the zoning requirements. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. RECOMMENDATIONS 1. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-22-05 as findings of fact and recommend to the Kalispell City Council that the zoning for the property be changed from R-2 (Residential) to R-4 (Residential). 16 2. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-22-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Stillwater Village Phases 1-8 be approved subject to the conditions listed below: CONDITIONS OF APPROVAL 1. 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. 2. The approval of the preliminary plat is contingent upon approval of the rezoning request from R-2 (Residential) to R-4 (Residential). 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. 4. 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 feature 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. The storm water ponds will be required to be on utility lots, and access for maintenance of the ponds shall be provided in accordance with city standards. 5. 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. 6. 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. 7. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 17 8. 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. 9. 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. 10. 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. 11. A capacity analysis of downstream lift stations shall be performed with each new phase of development in accordance with the City of Kalispell Standards for Design and Construction. The cost for any lift station upgrades required to serve the subdivision shall be borne by the development in accordance with city of Kalispell Standards for Design and Construction. 12. The southern access to Highway 93 shall be developed prior to final plat for the second phase of the subdivision. 13. 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, including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. 14. The Traffic Impact Study completed for the development indicates a drop in the Level of Service (“LOS”) for the intersection of Silverbrook Drive and Highway 93 from a LOS B to a LOS C. Improvements required to maintain the existing level of service will be required. The amended TIS indicates that mitigation at the intersection consisting of a ¾ turn (i.e. no left turn out onto the highway) would serve to maintain the existing level of service. The mitigation shall be installed in conjunction with the first phase of the subdivision. 15. Impacts to the Silverbrook common area from the street connection to Silverbrook Drive, including restoring pedestrian connectivity, shall be appropriately mitigated with a design to be reviewed and approved by the Public Works and Parks Departments. 18 16. The southern connection to the highway shall be reviewed and approved by the Montana Department of Transportation (“MDT”) in conjunction with the City of Kalispell Public Works Department. 17. The north-south street connecting Silverbrook Drive to the southern access road to the highway (designated as Road B), and then east from that intersection to the highway (designated as Road A), shall be a minor collector and all other internal streets shall be built to local design standards Design and construction shall be pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. No lots shall have driveway access onto a collector street. 18. The existing irrigation water main and power line that are shown inside Road A shall be removed and/or relocated outside of the city right-of-way. 19. Recommendations contained in the Geotech report prepared by Slopeside Engineering in December 2022 shall be followed. In addition, soil migration analysis must be performed due to the propensity of fines migration into trench backfill in the area. The applicant shall submit a utility trench backfill material in accordance with ASTM D-2321 to Public Works for review and approval or provide an acceptable alternative to prevent fines migration. 20. Prior to final plat, the developer shall demonstrate that the appropriate grades are met for each building lot, including, but not limited to, the driveway access. 21. Prior to any work within the park and storm drainage areas, a floodplain development permit and any related permits from the Corps of Engineers, the Conservation District, and/or other agencies shall be obtained, if necessary, by the developer. 22. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a minimum 100-foot setback from wetlands to any proposed lot boundaries. Under Section 28.3.07, the development shall limit uses within the 200-foot setback from the stream. 23. 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. 24. 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. 25. 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 19 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 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 5.43 acres for the area subject to this plat (or the equivalent value in land with improvements). Any development of the park area may be subject to floodplain development permits, 310 permits from the Conservation District, or other permits from related agencies. 31. An ADA-compliant access connecting all final platted lots to the park shall be constructed prior to final plat for that phase and is subject to review and approval by the Public Works and Parks Departments. 32. Areas being reserved for future development shall be developed with appropriate landscaping addressing both aesthetics as well as weeds, dust, and related issues. The plan for the areas shall be submitted to the Parks Department for review and approval. 20 33. 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. 34. 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. 35. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that “The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision.” 36. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 37. 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. 38. All areas disturbed during development shall be re-vegetated with a weed-free mix immediately after development. Prepared by September 30, 2022 Stillwater Village Zone Change and Preliminary Plat Applications Prepared For: Owl Corporation 2. Petition for zone change signed by the real property owner(s). Zone Change: Base Fee $550 *for the first 80 acres of area of the request add $20 per acre *for the next 81+ acres add $10 per acre 3. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. *Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 4. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 5. Application fee based on the schedule below, made payable to The City of Kalispell: A pre-application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) Development Services201 1st Avenue EastKalispell, MT 59901 Development Services Department 201 1st Avenue East Kalispell, MT 59901Phone (406) 758-7940 Stillwater Village Zone Change Narrative 1 Stillwater Village Zone Change Narrative a. Promoting the Growth Policy: Kalispell Growth Policy Future Land Use Map shows the subject property as Suburban Residential. The text of the Growth Policy states that Suburban Residential supports densities of 4 units per acre. The proposed subdivision that accompanies this zone change application is proposing 3.87 dwelling units per acre. b. Lessening Congestion in the streets and providing safe access The proposed zone change is part of a Subdivision package that describes the project in detail. We have also provided a Traffic Impact Study for the project. The subdivision will use Siverbrook Drive for access along with a second access out to Highway 93 along the south side of the subdivision. Within the subdivision there will be a number of local and collector streets built to City standards providing access to each lot. Obviously with development comes additional traffic. The proposed subdivision is designed to mitigate potential congestion through the subdivision standards and design. Stillwater Village Zone Change Narrative 2 c. Promoting safety from fire panic and other dangers With this zone change is an Environmental Assessment that address impacts to local services. The proposed subdivision is located within the City limits of Kalispell, the subdivision will be developed using City services such as water. The subdivision will have fire hydrants providing the required fire flow. The property is not forested except for along the river and the subdivision does not have steep slopes. Access is proposed meeting all City standards for emergency services. The initial phases of the subdivision are not located along the Stillwater River however the parkland area will be located along the river. The are no lots or structures proposed within the Floodplain. d. Promoting public interests, health and general welfare The subject property is located within the Urban Growth boundary for the City of Kalispell. The property is adjacent to the suburban/urban growth associated with Silverbrook which includes single family areas, multifamily areas and neighborhood commercial. To the south east is a mixed density PUD. The proposed development will be constructed to City standards and building codes. The zone change to the R-4 is in the public interest and promotes health and general welfare. e. Preventing the overcrowding of land To better accommodate the mix of attached and detached single family use, we are proposing a zone change to R-4. The R-4 accommodates single family detached and the two unit townhouse dwellings as a permitted use. The subdivision proposed for this property is developing a density of 3.87 units per acre which is below the prescribed Growth Policy density of four units per acre. f. Avoiding undue concentration of people The proposed zoning is accompanied Subdivision and provides ample amounts of park and open space for the future residents of this development. Each dwelling will have its required off-street parking and because this subdivision. g. Facilitating provisions for transportation, water, sewer, schools, parks, and other public facilities See answer under (b) previous for transportation. The property is located within the City limits of Kalispell and will connect to City sewer and water facilities. Preliminary sewer, water, and stormwater plans are included with the proposed development package. The project is within the Kalispel School District for K – 8 grades and Kalispell High School (Glacier) for 9 – 12 grades. Schools are addressed in the EA of the development package. The Subdivision proposes a large park/open space area along the River. The park and open space area is 19.7 Acres although the Kalispell Subdivision Regulations only allow us to count 5.64 Acres for the dedication. A portion of the park area will be landscaped and Stillwater Village Zone Change Narrative 3 maintained but the bulk of the area will be left in a natural condition to protect the resource of the Stillwater River. The park area will provide access to the river through primitive trails. . The parks and common spaces will be the responsibility of the HOA for maintenance. The Kalispell Subdivision regulations requires 0.03 acres of parkland or the cash equivalent. The Stillwater Village is providing 5.64 acres of eligible park and common area along with numerous trails and park amenities. This park area would support 314 units h. Giving reasonable consideration to the character of the district If we looked at the neighboring character today it is primarily agricultural. However, for almost fourteen years, this property has been approved for urban expansion of the City of Kalispell. City services are located at the northern and east boundary of the applicant’s property. . i. Giving consideration to the suitability of the property for particular uses The City of Kalispell has identified the Highway 93 corridor as an area for City expansion. This particular property was annexed into the City in 2007 and gave the property a R-2 zoning designation at that time. The proposed R-4 although slightly more dense still complies with the growth policy and the subdivision will be developing single family dwellings similar to neighboring developments. j. Protecting and conserving the value of buildings The proposed Stillwater Village project is harmonious with neighboring land uses and emerging character. All development within the City of Kalispell is subject to Public Works Standards, Subdivision Standards, Zoning Regulations, Building Permits, Architectural Review, etc. One of the goals of the City’s development codes is to protect the value of buildings. The proposed zone change should have no impact of the value of building, existing or proposed. k. Encouraging the most appropriate use of land by assuring orderly growth As stated previously, the subject property is located in the City Limits, is designated for suburban growth, and it will connect to public infrastructure. The development will create a local street system connecting with collector streets. The proposed zone change and Stillwater Village Development is located in a place that the City anticipates for suburban growth which the proposed R-4 supports. Website: MAJOR SUBDIVISION PRELIMINARY PLAT Email:planning@kalispell.com www.kalispell.com Project Name Property Address NAME OF APPLICANT Applicant Phone Applicant Address City, State, Zip Applicant Email Address If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECT/ENGINEER)Phone Address City, State, Zip Email Address 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): _________ 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. Email Address POINT OF CONTACT FOR REVIEW COMMENTS Phone Address City, State, Zip Development Services Department 201 1st Avenue EastKalispell, MT 59901 Phone (406) 758-7940 Townhouse Multi-family Other (YES/NO) A pre-application meeting with the planning staff is required. 1. Completed preliminary plat application 2. Copy of pre-application meeting form and any required submittals listed on the form 3. One reproducible set of supplemental information. (See appendix A of the Subdivision Regulations) 4. One reduced size copy of the preliminary plat not to exceed 11"x17" in size 6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property 7. Environmental Assessment (see appendix B in subdivision regulations) if applicable. 8. Application fee based on the schedule below made payable to the City of Kalispell: Major Subdivision $1,000 + $125 per lot Major Subdivision Resubmittal $1,000 for each original lot unchanged add add $10 per lot for each lot re-designed/added add add $125 per lot Mobile Home Parks & Campgrounds 6 more more spaces $1,000 + $250 per space 5 or fewer spaces $400 + $125 per space Amended Preliminary Plat amendment to conditions only $400 base fee re-confgured proposed lots base fee + $40 per lot add additional lots or sublots base fee + $125 per lot 5. Electronic copy of the application materials, including the preliminary plat, either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) *Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 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. PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family APPLICABLE ZONING DESIGNATION & DISTRICT: Applicant Signature Date APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board hearing) Total Acreage in lots PROPOSED EROSION/SEDIMENT CONTROL: ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS: ARE ANY SUBDIVISION VARIANCES REQUESTED? Total Acreage in streets or roads Total acreage in parks, open spaces and/or common spaces Commercial/Industrial If yes please complete a separate subdivision variance application Mobile home/RV Park GENERAL DESCRIPTION OF SUBDIVISION: Total Acreage in subdivision Minimum size of lots or spaces Maximum size of lots or spaces Number of lots or rental spaces Development Services Department 201 1st Avenue EastKalispell, MT 59901 Phone (406) 758-7940 Stillwater Village Phases 1 -8 – Environmental Assessment 1 Stillwater Village Environmental Assessment General Instructions It shall be the responsibility of the subdivider to submit the information required by this Section with the preliminary plat. This Environmental Assessment format shall be used by the applicant in compiling a thorough description of the potential impacts for the proposed subdivision. Each question pertinent to the proposal must be addressed in a full comprehensive and systematic fashion (both maps and text). Incomplete Environmental Assessments will not be accepted. The Environmental Assessment will be objectively measured to assure that all mandatory elements are included and that, based upon objective standards, all prospective impacts are adequately addressed. At a minimum the Environmental Assessment must contain the following for all assessment contents: a. Property Description b. A summary of probable impacts and statement of impact for each environmental consideration topic; c. A discussion to support the statement of impact; d. Referenced sources and citations to support the statement of impact; e. If applicable, site specific maps and documentation to support the statement of impact discussion. The sources of information for each section of the Assessment shall be identified. All Environmental Assessments shall contain the signature, date of signature and mailing address of the owner of the property and the person, or persons, preparing the report and citation and a copy of all supporting information. (Note: Any response to any section not specifically sourced in this report is attributed to the Author of the report.) Stillwater Village Phases 1 -8 – Environmental Assessment 2 Section 1 – Resource Assessment and Impact Criteria Report 1. Surface Water: Locate on plat overlay or sketch map: The proposed subdivision is located northwest of Kalispell between Highway 93 and the Stillwater River. The initial phases of the Stillwater Village are not located along the river. We are proposing a 25 acre park and open space are along the Stillwater River which completely contains the 100-year floodplain associated with the River. The River, ponds and wetland are shown on the Parkland Exhibit for the Stillwater Village project. A. Any natural water systems such streams intermittent streams, lakes and ponds, rivers, or marshes. The initial phases of the development do not have any surface waters. However, the overall site of which the initial phases are a part do have the Stillwater River and some small pond/wetland areas. The development is incorporating the 200-foot setback from the Stillwater River and the 100-foot setback from the wetland areas. B. Any artificial water systems such as canals, ditches, aqueducts, reservoirs, irrigation or drainage systems. The irrigation right is not associated with the 46 acres of this subdivision. The Irrigation right is limited to the 120 acres of agricultural ground surrounding the subdivision. That irrigation right will be preserved to maintaining the agricultural use of the neighboring land. C. Time when water is present. The Stillwater River is a year-round waterbody. The southernmost pond also holds water year round but the northern ponds will dry out by summers end. D. Any areas subject to flood hazard, or delineated 100-year floodplain. The Parkland Exhibit for Stillwater River shows the Floodplain Boundary as depicted on FIRM Panel 1415J. C. Describe any existing to proposed stream bank alteration. We are not proposing any alterations to the Stillwater River bank. Stillwater Village Phases 1 -8 – Environmental Assessment 3 2. Groundwater Using available data, provide the following information: A. The minimum depth to the water table or the historic water table and identify dates when depths were determined. What is the location and depth of all aquifers which may be affected by the proposed subdivision? Describe location of known aquifer recharge areas which may be affected. Based on information provided for construction of the Silverbrook sewage lift station and from monitoring water levels in nearby ponds just southwest of Stillwater Village, the depth to the high seasonal water table over the Stillwater Village site is greater than 25 ft. In buoyancy calculations for the Silverbrook lift station, located about 50 ft. west of proposed Lot 1 in Stillwater Village, the depth to groundwater was stated as being approximately 25 ft. The elevation of the site where the lift station is located is about 3007. The ground surface elevations throughout Stillwater Village varies from 3010 to 3045. Water levels in area ponds just southwest of Stillwater Village were reported to be at elevation 2967.25 on May 20, 2009 with water marks on nearby Cottonwood trees at elevation 2968.60. On the same date the pond levels were monitored, the Stillwater River water level was reported being at elevation 2960.96 or over 6 ft. lower than water levels in the ponds. This indicates that pond levels are not directly influenced by water levels in the Stillwater River. Based on logs of several wells in the area, the deep artesian aquifer was encountered at a depth of about 270 to 300 ft. beneath the ground surface. Static water levels were in a range of 87 to 125 ft. B. Describe any steps necessary to avoid depletion or degradation of groundwater recharge areas. Water to Stillwater Village will be provided by extensions of the City of Kalispell Public Water System. No new wells will be required. Sewer service to Stillwater Village will be provided by extensions of the City’s wastewater collection system which reduces the chance of groundwater degradation. Stormwater will be collected and conveyed to a hydrodynamic separator for treatment prior to discharge to an area pond in the open space area on the west side of the site. Any overflow will go to Stillwater Village Phases 1 -8 – Environmental Assessment 4 another pond before possible overflow to bordering wetland areas and eventually the Stillwater River. 3. Topography, geology and soils A. Provide a map of topography of the area to be subdivided, and an evaluation of the suitability for the proposed land uses. On the map identify any areas with highly erodible soils or slopes in excess of 15% grade. Identify the lots or areas affected. Address conditions such as: i. Shallow Bedrock ii. Unstable slopes iii. Unstable or expansive soils iv. Excessive slope. Figure 1 Source: USDA -NRCS Web Soils Survey Stillwater Village Phases 1 -8 – Environmental Assessment 5 See preliminary plat map for topography. For the most part the property is flat, there is small knoll near lots 32 and 46 which slopes at 15% to 16% however this knoll will be graded down to make the slopes much more gentle. Soils in Stillwater Village are primarily Blanchard fine sand (Bh & Bf) with a smaller percentage of Kalispell loam (Ke) in the southwest corner of the site. (Figure 1). The Upper Flathead Valley Area Soils Survey, states that Blanchard soils are shallow to moderately deep, dark colored and sandy. The Blanchard soils are indicated as being in Hydrologic Soil Group “A” and the Kalispell loam soils are indicated as being in Hydrologic Soil Group “B”. The soils have no hydric rating. The soils are stable and not expansive. There is no presence of shallow bedrock on the property and the site consists of undulating topography with no excessive slopes. B. Locate on an overlay or sketch map i. Any known hazards affecting the development which could result in property damage or personal injury due to: a. Falls, slides or slumps b. Rock outcroppings c. Seismic activity d. High water table The subject property of Stillwater Village Phases 1 – 8 very gently rolling with a few dunes or small ridges. There is no presence of fall, slumps, rock outcroppings or high groundwater. All of the Flathead Valley is in a seismic zone and the building code requirements enforced by the Kalispell Building Department requires the mitigation in building design to address seismic activity. C. Describe measures proposed to reduce these hazards. See answer above (3.B.i) D. Describe the location and amount of any cut or fill more than three feet in depth. The small knoll around lots 39 an 45 will be cut to create more suitable road grades, drainage and home sites. 4. Vegetation Stillwater Village Phases 1 -8 – Environmental Assessment 6 A. On a plat overlay or sketch map: i. Indicate the distribution of the major vegetation types, such as march, grassland, shrub, conifer forest, deciduous forest, mixed forest. Figure 2 Source -Flathead County GIS As indicated in the photo of Figure 1. The property is in agricultural production and this past year’s crop was canola. i. Identify the location of critical plant communities There are no critical plant communities on the subject parcel. The property has been under intensive agricultural production for decades and all native plant communities have been eliminated from the property except for near the River area which we are proposing for park and open space. B. Describe measures to: i. Preserve trees and other natural vegetation Approximate location of the Subdivision Stillwater Village Phases 1 -8 – Environmental Assessment 7 ii. Protect critical plant communities iii. Prevent and control wild fire iv. Control and prevent the growth of noxious weeds As stated previously the property has been intensively farmed and there are no critical plant communities on the property subject to Phases 1 - 8. There are no trees in the area of the subject subdivision. The property will be developed to urban densities, meaning that all vegetation will be removed for the development of roads, homes, and yards. Everything that is not hardscaped will be planted with irrigated lawn and parks. The exception of the area along the Stillwater River where we propose to create the park and open space for the development. 5. Wildlife A. Identify species of fish and wildlife use of the area affected by the proposed subdivision. The overall property is located along the Stillwater River. The are some small pond and wetland areas located along the River as well. The River, floodplain, pond , and wetland areas are identified on the Parkland exhibit and all are contained within the 25 acre park and open space area. For the most part this 25 acre park and open space will be managed in a native state. The exception would be some trails, picnic areas, and maybe some small pocket park areas that could be mowed in the upland areas of the open space. See Appendix D. The area along the river is used by waterfowl, birds of prey, whitetail deer, and associated mammals. There are no eagle nests or habitat that would be used by endangered species. B. On a copy of the preliminary plat, identify known critical wildlife areas. The Stillwater River frontage and associated wetland areas could be considered critical wildlife. We are utilizing the City of Kalispell setback of 200 feet from the river and 100-feet from wetlands in the design of the development. C. Describe proposed measures to protect or enhance wildlife habitat. Within Phase 1 -8 of Stillwater River project there will not be any natural as it will be all urban residential. The area along the Stillwater River will place approximately 25 acres into park and open space. Much of the open space are will be maintained in its native state. 6. Land Use Stillwater Village Phases 1 -8 – Environmental Assessment 8 A. Describe the existing historical use of the site The property has been in continuous agricultural production for many decades. B. Describe any comprehensive plan recommendations and other land use regulations on and adjacent to the site. Is zoning proposed? Is annexation proposed? The 180 acre property was annexed and zoned R-2 in 2007. We are proposing a zone change to R-4 in order to create small attached and detached single family lots. The R-4 will allow us to create two unit townhomes without a PUD or CUP. C. Describe the present uses of the lands and adjacent to or near the proposed development. Describe how the subdivision will affect access to any adjoining land and/or what measures are proposed to provide access. The proposed project will utilize the Silverbrook approach on the north. This connection was conditioned on Silverbrook with the initial preliminary plat. The subdivision property has two other points of access to Highway 93. One is a limited turning movement intersection directly west of the subdivision and shown on the preliminary plat. Future phases of the project will develop the shared approach with Northern Pines subdivision and golf course. Neighboring Land uses include the Silverbrook neighborhood to the north, Northern Pines golf course and subdivision to the south, Ponderosa Pines subdivision and a number of mixed density developments to the east of Highway 93. West of the Stillwater River is primarily rural and agricultural. D. Describe the basis of the need for the subdivision. How much development of a similar nature is or is not available in the area. The Flathead Valley is under immense pressure for housing of all types. The medium housing price in Kalispell over the past years has gone from $332,000 in March of 2020 to $389,000 in March of 2021 and $599,000 in March of 2022 according to Zillow. This spike in housing price is directly attributable to lack of supply and a high demand. Phase 1 -8 will focus on two types of residential product: two unit townhomes with single level living and small yards and second is small single family detached homes. E. Describe any health or safety hazards on or near the subdivision (mining activity, high voltage, lines, gas lines, agricultural activities, etc. Stillwater Village Phases 1 -8 – Environmental Assessment 9 There are no real hazards that are know to exist on the property. The balance of the 180 acres will continue to be farmed as it has for generations. We don’t really see this farming activity as a hazard for future residents of the subdivision. The subdivision could have some negative impacts on the farming with trespassing and damage to crops. F. Describe any on-site uses creating nuisance. The property is used for farming. The uses directly to the north are residential and to the south is a golf course and subdivision. None of the neighboring uses pose a nuisance to the subdivision. Section II – Summary of Probable Impacts 1. Effects on Agriculture A. Is the proposed subdivision or associated improvement located on or near prime farmland The proposed subdivision is located in Blanchard Class IV and VI soils and Kalispell Class II Soils as defined by the Upper Flathead Valley Area Soils Survey prepared by the USDA (Figure 1). However, the subject property is annexed into the City. The City of Kalispell has municipal water and wastewater transmission line serving the property and the City’s Growth Policy identifies the property for suburban growth. B. Describe whether the subdivision would remove from production any agricultural land. The subdivision will remove lands from agricultural production. C. Describe possible conflicts with nearby agricultural operation. The 180 property is currently under agricultural use. As the development expands the farming activities on the site will disappear. In the short term, the property will stay in agriculture with the exception of the 40+ acres in the proposed eight phases. The biggest conflict will be trespassing into the farm fields from residents of the project. Signage and perhaps plat notes can lessen some of the trespass. The applicants plan to create designated walking paths through the undeveloped phases to the 25 acre park and open space along the river. This walking path and the 25 acre park area should reduce conflict with neighboring farming operations by providing a large area for people to walk and exercise their pets without getting in the farmers’ fields. Right to Farm condition could protect the farmer while farming is still and activity on the neighboring lands and alert the new Stillwater Village Phases 1 -8 – Environmental Assessment 10 neighbors that herbicides, pesticides, and dust can and do result from farming activities. D. Describe possible nuisance problems which may arise from locating a subdivision near agricultural lands. The City of Kalispell is surrounded by agricultural lands. If the City is to expand at all that development will be located near agricultural lands. The City’s long range planning documents identify the subject property for development as it has been annexed and zoned for development. E. Describe effects the subdivision would have on the value of nearby agricultural lands. The nearby agricultural lands adjacent to phases 1-8 are all owned by the developer. The directly north and south of the project are developed housing or golf course. The effect of land development adjacent to the City is that land values for housing have greatly exceeded land values for property that can only be used for agriculture. 2. Effects on Agricultural Water User Facilities A. Describe conflicts the subdivision would create with agricultural user facilities, eg residential development creating problems for operating or maintaining irrigation systems, etc. Flathead Village Greens, the developer of Stillwater Village Phase 1 – 8, owns the 180 acres subject to the irrigation water right on the Stillwater river. Flathead Village Greens also owns the diversion pump in the Stillwater River along with the irrigation water line that runs down the center of the property. The property is irrigated with wheel lines connected to risers on the water line. The proposed subdivision will take approximately 40 acres out of production but the remaining property will continue to be farmed using the existing irrigation system. The proposed development will not impact any adjacent properties as Flathead Village Greens is the sole user of the irrigation right. B. Describe possible nuisance problems which the subdivision would generate with regard to agricultural water user facilities. The proposed 46-acre subdivision will utilize water from the City of Kalispell’s Water Department for potable needs and lawn and garden irrigation. The subdivision land or place of use (POU) is already covered under the City’s existing water rights and therefore, will not require any additional permitting. Agricultural irrigation water on the remaining Stillwater Village Phases 1 -8 – Environmental Assessment 11 irrigable acreage of the 180 acre property is derived from a large irrigation pump on the Stillwater River and is piped to the various risers along the irrigation line. There are no perceived nuisance problems associated with the existing agricultural water user facilities. 3. Effects on Local Services A. Indicate the proposed use and number of lots or spaces each: Residential, Single-Family – There are 67 single family detached dwellings and 114 single family attached dwellings in the eight phase development.. B. Describe the additional or expanded public services and facilities that would be required of the local government or special districts to serve the subdivision. i. Describe additional cost that would result for services such as roads, bridges, law enforcement, parks and recreation, fire protection, water, sewer, and solid waste systems, schools or busing. Streets - The developer will be responsible for constructing all of the streets within this subdivision. These streets will be constructed and financed by the developer and all the roads will be turned over to the City for long term maintenance and repair. Law enforcement - The City of Kalispell charges impact fees to shift the burden of the impact of development to the developer rather than the taxpayer at large. The impact fee for police is $41 per unit or $7421 for 181 units. After the initial impact fees the units will pay their property taxes which would cover on-going costs. Parks and recreation – The project is proposing 25 acres of park and open space with 9.44 acres counting as park land dedication. Based on the Kalispell subdivision regulations0.03 acres of park is required for each unit. The 181 unit subdivision is required to dedicate 5.43 acres of parkland. Any surplus parkland dedicated or costs associated with park amenities associated with phases 1 – 8 will be banked for future phases of development on the 180 acre holding. This park and common area will be maintained by the developer and HOA. Fire Protection – The developer will install all fire hydrants within the development and these will be turned over to the city for long term maintenance. The city charges $483 per unit in impact fees for fire protection. The 181 units will pay $87,423 in impact fees Stillwater Village Phases 1 -8 – Environmental Assessment 12 and property taxes for the remainder. These fees are intended to provide equipment and buildings for the fire department Water and Sewer – The developer installs all of the water, sewer, and stormwater facilities. In the development. At final plat the infrastructure is turned over to the City for long term maintenance. The City charges impact fees of $1,900 for water, $2,879 for sewer, and $618 for stormwater. The 181 units generate $343,900 for water, $521,099 for sewer, and $111,858 for stormwater. These impact fees are intended to cover off-site costs such as sewer plant up-grades and the like. Solid Waste – The County land fill is operated by Flathead County and supported by property taxes. Solid waste pick-up is provided by the City or Evergreen Disposal for a fee to cover the cost of operation and dumping charges. Schools – Schools are supported by property taxes. School districts run their own budgets with money provided by the state from the collected property taxes. Schools often go to the public to vote on bond requests for expanding/remodeling schools, building new schools, or supporting specific programs. C. Describe how the subdivision allows existing services, through expanded use, to operate more efficiently, or make the installation or improvement of services feasible, eg allow installation of a central water system or improvement of a rural road. With the construction of the Silverbrook wastewater lift station, an 8” line was stubbed out of the southerly-most wet well and into Stillwater Village property. This line will be extended to provide City of Kalispell public sewer service to all eight phases of Stillwater Village. Existing City of Kalispell public water mains will be extended to serve the proposed lots in Stillwater Village. Connection will be made to an existing 12” stub along U.S. Hwy 93 and connection will also be made to an existing 8” water main in West Monture Ridge in Silverbrook. This will create a looped water distribution system providing improved hydraulic efficiency and the two points of connection will provide for better system maintenance. D. What are the present tax revenues received from the unsubivided land. The 2021 taxes for the 180 acres is $9,878.00 Stillwater Village Phases 1 -8 – Environmental Assessment 13 E. Provide the approximate revenues received by each of the taxing authorities if the lots were reclassified, and when the lots are all improved and built upon. Using a house in Siverbrook house for SFR detached and a Glacier Village Greens townhouse for SFR detached comparison, the taxes are broken out as follows: Taxes by Jurisdiction Typical Silverbrook House for 2021 Typical GVG Townhome for 2021 Stillwater Village projection based 67 SFR units and 114 Townhome units County $924 $632 $133,956 Education $2944 $1925 $416,698 City $1534 $837 $198,196 F. Would new taxes generated from the subdivision cover additional public costs Between impact fees of $1,071,701 for 181 units and property taxes of $748,850 per year, the subdivision should cover its costs for government services. G. How many SID would be created which would obligate the local government fiscally or administratively. Phases 1 – 8 of Stillwater Village are not proposing SID’s for infrastructure improvements or for local government services. This is not to say that the School District will not request a bond or that a future SID may be created to increase capacity of the Silverbrook wastewater lift station. 4. Effects on Historic or Natural Environment A. Describe and locate on a plat overlay any known or possible historic, paleontological, archaeological or cultural sites, structures or objects. There are no known historic sites on the property. B. How would the subdivision affect surface and groundwater, soils, slopes, vegetation, historical or archaeological features within the subdivision or on adjacent land. There are no surface waters within with phases 1 -8. Groundwater is greater than 25 ft. below the ground surface and the subdivision is utilizing City sewer and water facilities which are all intended to protect and limit contamination of groundwater. Additionally, stormwater will be collected Stillwater Village Phases 1 -8 – Environmental Assessment 14 and conveyed to a hydrodynamic separator for treatment prior to discharge to an area pond in the open space area on the west side of the site. Any overflow will go to another pond before any possible overflow to bordering wetland areas and eventually the Stillwater River. There are no known historic features on the site. There are no expansive soils or steep slopes to design around or mitigate. The only native vegetation if located along the Stillwater River and outside of the Phase 1 - 8 development. The developer is proposing a 25 acre park and open space along the River which will protect the native vegetation. C. How would the subdivision affect visual features within the subdivision or on adjacent land? Describe anticipated efforts to visually blend the proposed development with the existing environment. The proposed subdivision consists of single family attached and detached dwelling. These proposed homes will be single or two story dwellings well below the maximum height allowance. Phases 1 -8 are situated well away from Highway 93 so the development should have minimal impact from the traveling public or neighboring properties. 5. Effects on Wildlife and Wildlife Habitat A. Describe what impacts the subdivision or associated improvements would have on wildlife area such as big game winter range, migration routes, nesting area, wetlands or important habitat for rare or endangered species. The first eight phases on 46 acres of Stillwater Village are not located in a big game winter range, migration routes, or wetland areas. Although the larger 180 acre property has river frontage along the Stillwater Rover and there are some wetlands associated with the ponds along the River, the development is setting these sensitive areas aside in a 25 acre park and open space. The proposed park areas meet the required river and wetland setback prescribed in the City’s development standards. The property has been in productive agriculture for decades and the 46 acres is void of trees or shrubs meaning no nesting. Each year the crops are cut and the property is prepared for the new season’s crops. There is no permanent habitat for wildlife with the exception of the area along the River which is not part of the initial eight phases. The property is primarily used by Whitetail deer and in the fall and winter by flocks of ducks and geese feeding on grain in the fields. The proposed subdivision will remove these croplands from production and replace them with housing, yards, streets, and parks as part of the urban expansion of the City of Kalispell. B. Describe the effects that pets or human activity would have on wildlife. Stillwater Village Phases 1 -8 – Environmental Assessment 15 The proposed subdivision is in the City limits of Kalispell and as such pets will be subject to the City lease laws. Dogs should not be allowed to run unaccompanied by owners. Cats may hunt neighboring fields but they will primarily be hunting mice and voles. Ducks and geese are generally unaffected by development as one will notice at Village Green Golf Course or the fields surrounding Applied Materials. 6. Effects on Public Health and Safety A. Describe any health and safety hazards on or near the subdivision, such as natural hazards, lack of water, drainage problems, heavy traffic, dilapidated structures, high pressure gas lines, high voltage power lines. The property is relatively flat and the development will connect to the City of Kalispell Public water and wastewater facilities. A preliminary drainage plan is included with this application and this design shows all stormwater can be retained and managed on the property. A Traffic Impact Study was prepared for the project. The TIS identifies a drop in level of Service at the intersection of Highway 93 and Silverbrook/Tronstad Road. The City of Kalispell Move 2040 Transportation Plan calls for converting this intersection to ¾ movement which would eliminate the left turn movement for east and west bound traffic. The City Transportation Plan also indentifies major reconstruction of Reserve Drive between Highway 93 and Whitefish Stage. The Stillwater Village TIS does not recommend converting the 93 and Stillwater/Tronstad intersection to ¾ movement until such time and the Reserve Drive improvements are completed or the movement restriction would only force more traffic to Rose Crossing or Reserve for the west bond traffic on Tronstad wanting to make a left towards Kalispell. Internal Collector streets are also designed into these and future phases of the Starling project. There are no structures of any kind on the property and there are no High Pressure Gas or High Voltage Utility Lines on the property. B. Describe how the subdivision would be subject to hazardous conditions due to high voltage lines, airports, highways, railroads, dilapidated structures, high pressure gas lines, irrigation ditches and adjacent industrial or mining uses. The Stillwater Village Phases 1 – 8 development does not have nor is it adjacent to any of these listed uses. C. Describe land uses adjacent to the subdivision and how the subdivision will affect the adjacent uses. Stillwater Village Phases 1 -8 – Environmental Assessment 16 The development to the north is Silverbrook which is urban in density and has a multifamily component as well as a neighborhood commercial node near the Church Drive interchange. To the south is the Northern Pines Golf Course and subdivision. The residential uses utilize on-site sewer and water as opposed to City utilities. To the west is the Stillwater River and rural agricultural uses across the River. To the east are suburban ranchettes and rural densities but there are also commercial zoning designations and mixed use PUD’s on the east side of Highway 93. D. Describe public health or safety hazards, such as dangerous traffic, fire conditions or contamination of water supplies that would be created by the subdivision. The TIS shows that the proposed subdivision will not overburden the transportation system including Highway 93. Impacts identified in the TIS are more regional and associated with growth in this region during the period that this development will be constructed. The subdivision will be developed to urban standards with fire flows to fire hydrants and city streets meeting City standards. With the use of Kalispell public sewer, water, and stormwater facilities, the project should not pose and risk of contamination to water supplies Part III – Community Impact Report According to the US Census Bureau – Quick Facts, there are 2.44 persons per household in Kalispell. With potential of 181 units in phases 1 -8 of the Stillwater Village project there would be approximately 441 persons living in this subdivision at full buildout. 1. Education and Busing A. Describe the available educational facilities that would serve this subdivision The subject property is within the Kalispell School District for grades K- 8 and the Glacier High School District for grades 9-12. According to the 2020 Flathead County Superintendent of School Statistical Report of Schools, Kalispell School District had 3135 students in 2021. There is an increase of 9% over the 2020 school year but only a 6% increase over a ten year period. Flathead and Glacier High Schools are combined in this report but there was a 2% increase in students over 2020 and an 7% increase over the ten-year period. B. Estimate the number of school aged children that will be added to the school system by the proposed subdivision. Stillwater Village Phases 1 -8 – Environmental Assessment 17 Using County wide average of 0.31 school aged children per residence. (There were 14,753 students recorded with the Flathead County Superintendent of Schools Office including public, private and home schooled children at the beginning of the 2011 school year. The US Census Bureau 2010 counted 46,963 housing units in Flathead County – 14,753 students / 46,963 housing units = 0.31 students per unit), the 181 residential lots would generate approximately 56 students in the school system, grades K - 12. This influx of students will occur over the phases of the subdivision so school districts should be able to plan ahead for projected population growth. 2. Roads and Maintenance A. Estimate how much daily traffic the subdivision, when fully occupied, will generate on existing roads and streets The 181 units in the Stillwater Village development will generate approximately 1400 vehicle trips (Traffic Impact Study, Stillwater Village Subdivision, August 2022). B. Describe the capability of existing and proposed roads to safely accommodate this increased traffic. See Appendix B for the Traffic Impact Study C. Describe increased maintenance problems and increased cost due to this increase in volume Highway 93 is a MDOT owned and maintained highway. The streets within Silverbrook and those proposed in the Stillwater Village will be maintained by the City of Kalispell. Obviously, any new development that generates vehicle trips on adjacent roads or projects that add new roads to the City’s inventory will have some impact on maintenance. It is expected; however, that the increase tax revenues would off-set any increase in maintenance costs. We do not anticipate any out of the ordinary maintenance problems or costs. D. Describe proposed new public or private access roads. The new City streets within the subdivision will be designed and built to City standards. They will be paved and include curb and gutter directing street run-off to stormwater collection and conveyance facilities. These new streets will be dedicated to the City for ownership and maintenance. E. Describe the closing or modifications of any existing roads. Stillwater Village Phases 1 -8 – Environmental Assessment 18 A section of West Monture Ridge may be closed for a short period of time to allow for installation of a new water main to Stillwater Village and there may be some short-term diversion of traffic along Silverbrook Drive when the new Stillwater Village access road is tied-in. There will be no modification of roads other than the removal of a section of curb & gutter along Silverbrook Drive, at the new access road, and the installation of a new valley gutter. F. Explain why road access was not provided within the subdivision, if access to any individual lot is directly from arterial roads. N/A – All lots within the subdivision area designed to have access to locate streets within the subdivision. G. Is year-round access by conventional automobile over legal rights-of way available to the subdivision and to all lots and common facilities of the subdivision. The subdivision is designed to Kalispell Urban Design Standards with proposed City Streets providing access to all lots and common. All City streets are open to the public. H. Estimate the cost and completion date of the system, and indicate who will pay the cost of installation, maintenance and snow removal. Improvements will be phased in according to the Phasing which accompanies this application set. The developer will install and pay for all road infrastructure within the subdivision. All streets will be dedicated to the City for public access. The City will maintain the streets within the subdivision. 3. Water, Sewage, and Solid Waste (Completed by Tom Cowan, PE; Carver Engineering) A. Briefly describe the water supply and sewage treatment system to be used in serving the proposed subdivision. With the construction of the Silverbrook wastewater lift station, an 8” line was stubbed out of the southerly-most wet well and into Stillwater Village property. This line will be extended to provide City of Kalispell public sewer service to all eight phases of Stillwater Village. Existing City of Kalispell public water mains will be extended to serve the proposed lots in Stillwater Village. Connection will be made to an existing 12” stub along U.S. Hwy 93 and connection will also be made to an existing 8” water main in West Monture Ridge in Silverbrook. This will create a Stillwater Village Phases 1 -8 – Environmental Assessment 19 looped water distribution system providing improved hydraulic efficiency and the two points of connection will provide for better system maintenance. B. Provide information on estimated costs of the system, who will bear the costs, and how the system will be financed. The construction of both the water and sewer systems will be financed by the owners/developers of Stillwater Village. The cost of constructing the water system improvements for all eight phases is estimated to be 1.8 million dollars and the cost of constructing sewer system improvements is estimated to be $750,000. C. Where hook-up to an existing system is proposed, describe estimated impacts on the existing system, and show evidence that permission has been granted to hook up to the existing system. As previously mentioned, water supply and sewer service to Stillwater Village will be provided by connections to and extensions of existing City of Kalispell public water and sewer systems. Based on the 2018 Water Facility Plan Update, the City’s existing water system in the Silverbrook area is strong. Static pressure is near 100 psi and available fire flows, with the system operating at a maximum daily demand, is greater than 1,200 gpm. With the highly looped distribution system being proposed for Stillwater Village, it is expected the water supply to the proposed residential units will be very good and the overall impacts to the City’s system will not be significant. Because wastewater from the 181 dwelling units in Stillwater Village will gravity through new gravity sewer mains to the existing Silverbrook Lift Station, there will be no impact on existing gravity sewer mains in the area. There will; however, be impacts on the existing Silverbrook Lift Station. This lift station, identified at Lift Station #39 on the City’s mapping system, is a duplex pumping system with a capacity of 370 gpm for each pump. The lift station was actually designed as a “regional” lift station that could serve areas outside of the Silverbrook development. One of those areas included in the lift station service area was Stillwater Village. The station’s wet well capacity and force main capacity should not be adversely affected by the additional wastewater flows from Stillwater Village. With all of the new development contributing flow to the station, the long term pumping capacity does need to be followed. Based on data provided by the City, the peak daily flow over the last couple of years to Lift Station #39 occurred on February 28, 2022. The peak hourly flow was at 6:00 p.m. on that date and data indicates an influent flow of Stillwater Village Phases 1 -8 – Environmental Assessment 20 about 115 gpm. That would be 31% of the design duty point lift station capacity of 370 gpm. With 181 residential units proposed in Stillwater Village at 250 gpd per unit, the average daily flow would be 45,250 gpd or 31.42 gpm. Using a peaking factor of 3.996, as derived from Circular DEQ-2, the peak hourly flow would be 125.6 gpm. If this is added to the previous peak hourly flow of 115 gpm, the total would be 240.6 gpm or 65% of lift station capacity with one pump out of service. This would suggest there is more than sufficient capacity to handle existing flows within the service area and proposed inflows from Stillwater Village. D. All water supply and sewage treatment plan and specification will be reviewed and approved by the Department of Environmental Quality and should be submitted using the appropriate DEQ application form. Prior to completion, all water and sewer plans will be submitted to DEQ and the City for review and approval. This is an understood fact of subdivision review. E. Describe the proposed method of collecting and disposing of solid waste from the development. Each resident of the subdivision will have the option of using the City of Kalispell water collection services or contract with Evergreen Disposal for solid waste collection. Collected waste will be transferred to the Flathead County Landfill which is located approximately 6.5 miles north of the proposed subdivision. F. If use of an existing collection system or disposal facility is proposed indicate the name and location of the facility. See item E previous. 4. Fire and Police Protection A. Describe the fire and police protection services available to the residents of the proposed subdivision including numbers of personnel and number of vehicles or type of facilities. The proposed subdivision is currently in the City Limits of Kalispell. As such the property is within the City of Kalispell’s jurisdiction for fire and police protection. According to the City’s website, the Fire Department runs three platoons with a total of 29 personnel. The Fire Department has two stations the Stillwater Village Phases 1 -8 – Environmental Assessment 21 closest is Station 62 located at 255 Old Reserve Drive. Station 61 is located in the old City Hall at 312 1st Avenue East. The Police Department is also located in the old City Hall. The police department has three divisions: Patrol – 1 Captain, 7 sergeants, 17 patrol officers and 1 Admin. Detective – 1 Captain, 1 Sergeant, 3 detectives, 4 resource officers, 1 drug task force officer, and 1 technician. Administration – 8 persons. B. Can the fire and police protection service needs of the proposed subdivision be met by present personnel and facilities. Cumulative impacts of all the development within the City will require additional personnel at some point in time as well as additional equipment. The City of Kalispell collects impact fees so that new development compensates the City for the impacts of the new development. 5. Parks and Recreation Facilities A. Describe park and recreation facilities to be provided within the proposed subdivision and other recreational facilities that will serve the subdivision. The project is proposing 25 acres of park and open space with 9.44 acres counting as park land dedication. Based on the Kalispell subdivision regulations 0.03 acres of park is required for each unit. The 181 unit subdivision is required to dedicate 5.43 acres of parkland. The surplus parkland dedicated with phases 1 – 8 will be banked for future phases of development on the 180 acre holding. For the most part this 25 acre park and open space will be managed in a native state. The exception would be some trails, picnic areas, and maybe some small pocket park areas that could be mowed in the upland areas of the open space. B. List other parks and recreation facilities or sites in the area and their approximate Distance from the City. There are a number of homeowners parks within Silverbrook which really are not open to the public although some members of the public may use them. The closest public park is the Kalispell Youth Athletic complex located approximately 2.5 mile south the subdivision. . C. If cash-in-lieu of parkland is proposed, state the purchase price per acre or current market values. N/A – The developer is not proposing cash-in-lieu. Stillwater Village Phases 1 -8 – Environmental Assessment 22 6. Payment for Extension of Capital Facilities A. Indicate how the subdivider will pay for the cost of extending capital facilities resulting from expected impacts directly attributable to the subdivision. As is typical, the developer, will utilize a combination of private investors and bank financing to install the necessary facilities as well as amenities for this subdivision. Stillwater Village Phases 1 -8 – Environmental Assessment 23 Prepared By: _______________________ Date:_________________ Eric H. Mulcahy AICP Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6481 Applicant: _______________________ Date:_________________ Flathead Village Greens 500 Palmer Drive Kalispell, MT 59901 Stillwater Village Phases 1 -8 – Environmental Assessment 24 EA APPENDICIES A. Preliminary Water, Wastewater, and Stormwater Plans – Carver Engineering B. Traffic Impact Study – Abelin Traffic Services C. Draft CC&R’s – MAPS/PLANS Preliminary Plat Water, Sewer, & Stormwater Maps 0+ 0 0 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 09+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 12 + 1 4 . 8 0 0+ 5 0 1+ 5 0 2+ 5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 Re s e r v e d A r e a B f o r F u t u r e P h a s e Re s e r v e d A r e a A f o r F u t u r e P h a s e UG Pwr UG Pwr Elec. Utility Lid Elec. Utility Lid Water Meter Catch Basin Catch Basin Weather Station Tel. PedFiber Optics Transformer Stand Pipe UG Pwr UG Pwr Elec. Utility Lid Elec. Utility Lid Water Meter Catch Basin Catch Basin Weather Station Tel. PedFiber Optics Transformer Stand Pipe UG Pwr Anch. Wire Transformers Boulder 113 114 115 116 117 118 119 120 121 122 123 124 Re s e r v e d A r e a B f o r F u t u r e P h a s e Re s e r v e d A r e a A f o r F u t u r e P h a s e 1 3 4 5A 5B 6A 6B 7A 7B 8A 8B 9A 9B 10 A 10 B 11 A 11 B 12 A 12 B 13 A 13 B 14 15 162 17 18 19 20 A 20 B 21 A 21 B 22 A 22 B 23 24 25 26 A 26 B 27 A 27 B 28 A 28 B 29 A 29 B 30 A 30 B 31 A 31 B 37 B 37 A 36 B 36 A 35 B 35 A 32 33 34 403938 41 42 43 47 48 49 44 A 44 B 45 A 45 B 46 A 46 B 50 A 50 B 51 A 51 B 52 A 52 B 53 A 53 B 54 A 54 B 55 A 55 B 59 A 59 B 60 A 60 B 61 A 61 B 56 57 58 62 63 64 68 69 70 74 75 76 65 A 71 A 65 B 71 B 66 A 72 A 66 B 72 B 67 A 73 A 67 B 73 B 77 78 79 83 84 85 80 A 86 A 80 B 86 B 81 A 87 A 81 B 87 B 82 A 88 A 82 B 88 B 89 A 95 A 89 B 95 B 90 A 96 A 90 B 96 B 91 A 97 A 91 B 97 B 92 93 94 98 99 100 101 102 103 109108107 10 4 A 11 0 A 10 4 B 11 0 B 10 5 A 11 1 A 10 5 B 11 1 B 10 6 A 11 2 A 10 6 B 11 2 B Ma i l b o x San Manhole UG Pwr UG Pwr Elec. Utility Lid Elec. Utility Lid UG Pwr Anch. Wire Water Meter Catch Basin Catch Basin Weather Station Tel. PedFiber Optics Transformer Stand Pipe 18" C M P Transformers Boulder Pr o j e c t T i t l e Sh e e t T i t l e Date Project Number Drawn byChecked by (4 0 6 ) 2 5 7 - 6 2 0 2 Ka l i s p e l l , M o n t a n a 5 9 9 0 1 19 9 5 T h i r d A v e n u e E a s t Co n s u l t i n g E n g i n e e r s CA R V E R E N G I N E E R I N G Revision(s) W&S-1 Feet 0 100 200 ROAD A RO A D B ST I L L W A T E R V I L L A G E WA T E R , S E W E R & S D TLMTC OCTOBER 4, 2022 70100 RO A D C RO A D D ROAD A ROAD E ROAD F ROAD G ROAD H ROAD E ROAD F ROAD G ROAD H RO A D B RO A D B RO A D C RO A D C RO A D D RO A D D SILVERBROOK US H I G H W A Y 9 3 PR E L I M I N A R Y P L A T SD POND #1 STORMDRAIN MAIN CATCH BASIN STORMDRAIN MANHOLE EXISTING GATE VALVE & BOX NEW GATE VALVE & BOX EXISTING FIRE HYDRANT NEW FIRE HYDRANT EXISTING SEWER MANHOLE NEW SEWER MANHOLE EXISTING SEWER MAIN NEW SEWER MAIN EXISTING WATER MAIN NEW WATER MAIN LEGEND CONNECT TO EXISTING 12" WATER HAGERMAN LANE 8' Ø HYDRODYNAMIC SEPARATOR ENERGY DISSIPATER FIRE HYDRANT (TYP.) SEWER MANHOLE (TYP.) SD MANHOLE (TYP.) CATCH BASIN (TYP.) FIRE HYDRANT (TYP.) CATCH BASIN (TYP.) SD MANHOLE (TYP.) CATCH BASIN (TYP.) COMMON MAIL BOX LIFTSTATION WEST MONTURE RIDGE CONNECT TO EXISTINGSILVERBROOK WATER SIL V E R B R O O K D R I V E D: \ D a t a \ D W G \ 7 0 1 0 0 S T I L L W A T E R V I L L A G E M A R C H 2 0 2 2 E X P L O D E D C O N T O U R S . d w g , W & S - 1 , 9 / 2 9 / 2 0 2 2 4 : 5 6 : 5 3 P M (D.E. 507/840) (Rodney F. & Jimmie A. McLean) Parcel "C" (COS 15559) Laurino FamilyLiving Trust) Parcel "A" (COS 15559) (Laurino Family Living Trust) (COS 3606) (D.E. 506/950) (D.E. 506/950) 0+ 0 0 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 13 + 0 0 14 + 0 0 15 + 0 0 16 + 0 0 17 + 0 0 18 + 0 0 19 + 0 0 20 + 0 0 21 + 0 0 22 + 0 0 23 + 0 0 24 + 0 0 25 + 0 0 26 + 0 0 27 + 0 0 27 + 6 7 . 4 4 0+ 5 0 1+ 5 0 2+ 5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 12 + 5 0 13 + 5 0 14 + 5 0 15 + 5 0 16 + 5 0 17 + 5 0 18 + 5 0 19 + 5 0 20 + 5 0 21 + 5 0 22 + 5 0 23 + 5 0 24 + 5 0 25 + 5 0 26 + 5 0 27 + 5 0 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 0+50 1+50 2+50 3+50 4+50 5+50 6+50 7+50 8+50 9+50 10+50 11+50 12+50 13+50 14+50 15+50 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 12+14.30 0+50 1+50 2+50 3+50 4+50 5+50 6+50 7+50 8+50 9+50 10+50 11+50 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 11+79.24 0+50 1+50 2+50 3+50 4+50 5+50 6+50 7+50 8+50 9+50 10+50 11+50 0+ 0 0 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 12 + 1 4 . 8 0 0+ 5 0 1+ 5 0 2+ 5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 0+ 0 0 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 13 + 0 0 13 + 9 8 . 7 3 0+ 5 0 1+ 5 0 2+ 5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 12 + 5 0 13 + 5 0 0+ 0 0 1+ 0 0 2+ 0 0 3+0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 12 + 0 8 . 0 3 0+ 5 0 1+ 5 0 2+5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 0+ 0 0 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 13 + 0 0 13 + 9 6 . 6 3 0+ 5 0 1+ 5 0 2+ 5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 12 + 5 0 13 + 5 0 Re s e r v e d A r e a B f o r F u t u r e P h a s e Re s e r v e d A r e a A f o r F u t u r e P h a s e Catch Basin Tel. PedFiber Optics Transformer Catch Basin Tel. PedFiber Optics Transformer UG Pwr Anch. Wire Transformers Boulder 113 114 115 116 117 118 119 120 121 122 123 124 Re s e r v e d A r e a B f o r F u t u r e P h a s e Re s e r v e d A r e a A f o r F u t u r e P h a s e 1 3 4 5A 5B 6A 6B 7A 7B 8A 8B 9A 9B 10 A 10 B 11 A 11 B 12 A 12 B 13 A 13 B 14 15 162 17 18 19 20 A 20 B 21 A 21 B 22 A 22 B 23 24 25 26 A 26 B 27 A 27 B 28 A 28 B 29 A 29 B 30 A 30 B 31 A 31 B 37 B 37 A 36 B 36 A 35 B 35 A 32 33 34 403938 41 42 43 47 48 49 44 A 44 B 45 A 45 B 46 A 46 B 50 A 50 B 51 A 51 B 52 A 52 B 53 A 53 B 54 A 54 B 55 A 55 B 59 A 59 B 60 A 60 B 61 A 61 B 56 57 58 62 63 64 68 69 70 74 75 76 65 A 71 A 65 B 71 B 66 A 72 A 66 B 72 B 67 A 73 A 67 B 73 B 77 78 79 83 84 85 80 A 86 A 80 B 86 B 81 A 87 A 81 B 87 B 82 A 88 A 82 B 88 B 89 A 95 A 89 B 95 B 90 A 96 A 90 B 96 B 91 A 97 A 91 B 97 B 92 93 94 98 99 100 101 102 103 109108107 10 4 A 11 0 A 10 4 B 11 0 B 10 5 A 11 1 A 10 5 B 11 1 B 10 6 A 11 2 A 10 6 B 11 2 B Ma i l b o x San Manhole UG Pwr Anch. Wire Catch Basin Tel. PedFiber Optics Transformer 18" C M P Transformers Boulder 32 4 14 5 16 7 9 8 12 1610 11 13 15 17 18 19 20 21 22 2523 24 27 26 29 30 3132 33 34 38 37 35 36 48 49 45 44 40 66 41 63 42 39 62 4746 50 51 52 53 54 55 58 59 60 68 67 61 57 56 28 64 65 Pr o j e c t T i t l e Sh e e t T i t l e Date Project Number Drawn byChecked by (4 0 6 ) 2 5 7 - 6 2 0 2 Ka l i s p e l l , M o n t a n a 5 9 9 0 1 19 9 5 T h i r d A v e n u e E a s t Co n s u l t i n g E n g i n e e r s CA R V E R E N G I N E E R I N G Revision(s) SD-1 Feet 0 100 200 ROAD A RO A D B ST I L L W A T E R V I L L A G E ST O R M W A T E R D R A I N A G E P L A N TLMTC OCTOBER 4, 2022 70100 RO A D C RO A D D ROAD A ROAD E ROAD F ROAD G ROAD H ROAD E ROAD F ROAD G ROAD H RO A D B RO A D B RO A D C RO A D C RO A D D RO A D D LIFT STATION #39 US H I G H W A Y 9 3 50' S E T B A C K FR O M W E T L A N D 100 ' S E T B A C K FR O M W E T L A N D IRRIGATION WATER LINEPOWER LINE 8' Ø HYDRODYNAMIC SEPARATOR9.4 CFS UNIT CAPACITY5.7 CFS CALCULATEDRUNOFF TREATMENT FLOW 36 " S D ENERGY DISSIPATER SD DETENTION POND #1 PR E L I M I N A R Y P L A T FLOW DIRECTION DRAINAGE SWALE STORMDRAIN MAIN CATCH BASIN STORMDRAIN MANHOLE EXISTING GATE VALVE & BOX NEW GATE VALVE & BOX EXISTING FIRE HYDRANT NEW FIRE HYDRANT EXISTING SEWER MANHOLE NEW SEWER MANHOLE EXISTING SEWER MAIN NEW SEWER MAIN EXISTING WATER MAIN NEW WATER MAIN LEGEND SILVERBROOK D: \ D a t a \ D W G \ 7 0 1 0 0 S T I L L W A T E R V I L L A G E M A R C H 2 0 2 2 E X P L O D E D C O N T O U R S . d w g , G E N - S D - 1 , 9 / 2 9 / 2 0 2 2 4 : 5 5 : 4 3 P M 24 + 0 0 25 + 0 0 26 + 0 0 27 + 0 0 27 + 6 7 . 4 4 24 + 5 0 25 + 5 0 26 + 5 0 27 + 5 0 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 0+50 1+50 2+50 3+50 4+50 5+50 6+50 7+50 11 + 0 0 12 + 0 0 12 + 1 4 . 8 0 10 + 5 0 11 + 5 0 11 + 0 0 12 + 0 0 13 + 0 0 13 + 9 8 . 7 3 10 + 5 0 11 + 5 0 12 + 5 0 13 + 5 0 Re s e r v e d A r e a B f o r F u t u r e P h a s e 118 119 120 121 122 123 124 Re s e r v e d A r e a B f o r F u t u r e P h a s e 83 84 89 A 95 A 89 B 95 B 90 A 96 A 90 B 96 B 101 102 108107 14 12 11 13 15 17 18 19 2523 24 27 26 29 30 28 NO SCALE SILT FENCE 6' MAX. (TYP.) 5' 6" 2' 6" TO ATTACH TO WIRE FABRIC USE STAPLES OR WIRE RINGS FILTER FABRIC MATERIAL SIDES OF FENCE ON THE IN TRENCH AND ON BOTH WASHED GRAVEL BACKFILL PROVIDE 3/4" TO 1 1/2" FABRIC OR EQUAL 6x6 BY 14 GA. WIRE FILTER FABRIC MATERIAL STEEL FENCE POSTS SURFACE. 6" TO 9" 5' 2'-6" 2' TRENCH. SEE DET'L BELOWIN 6" BY 3" TO 6"FILTER FABRIC MATERIALBURY BOTTOM OF GROUND SURFACE FABRIC OR EQUAL 6x6 BY 14 GA. WIRE STEEL POSTS (TYP.) TYPICAL WATTLE NO SCALE INSTALL WITH 18" OR 24" 1 x 1 WOOD STAKES DRIVE STAKE UNTIL 2-3" REMAINS EXPOSED INSTALL STAKE PERPENDICULARTO SLOPE FACE COMPACT EXCAVATEDSOIL ON UPSLOPE SIDE SET WATTLE INA 2-3" DEEPTRENCH *SEED BEFORE PLACING MAT 2" OF TOPSOIL 8' DRAINAGE SWALE 4'-0" *SEED OR HYDROSEED C SWALE MIN. L OF DRAINAGE 4:1 EROSION MAT 4'-0" 12"MIN.SUBGRADE BRUSH INTO MAT) 1/2" TOPSOIL (RAKE OR (MIRAMAT OR EQUAL) MIN. 4:1 15"MIN. SCALE: NONE Pr o j e c t T i t l e Sh e e t T i t l e Date Project Number Drawn byChecked by (4 0 6 ) 2 5 7 - 6 2 0 2 Ka l i s p e l l , M o n t a n a 5 9 9 0 1 19 9 5 T h i r d A v e n u e E a s t Co n s u l t i n g E n g i n e e r s CA R V E R E N G I N E E R I N G Revision(s) SD-2 Feet 0 100 200 ST I L L W A T E R V I L L A G E ST O R M W A T E R D R A I N A G E & E R O S I O N C O N T R O L TLMTC OCTOBER 4, 2022 70100 100'S E T B A C K FRO M W E T L A N D 50' S E T B A C K FRO M W E T L A N D 50 ' S E T B A C K FR O M W E T L A N D 10 0 ' S E T B A C K FR O M W E T L A N D 50' S E T B A C K FR O M W E T L A N D 100 ' S E T B A C K FR O M W E T L A N D 50' SE T B A C K FROM W E T L A N D 100'SE T B A C K FROM W E T L A N D 50' S E T B A C K FROM W E T L A N D 100'S E T B A C K FROM W E T L A N D 50 ' S E T B A C K F R O M W E T L A N D 10 0 ' S E T B A C K F R O M W E T L A N D A P P R O X I M A T E 1 0 0 F L O O D P L A I N P E R F E M A F L O O D M A P WA T E R S E D G E - J U N E 2 0 0 6 P R O P E R T Y B O U N D A R Y F L O W FL O W FLO W WAT E R S E D G E - J U N E 2 0 0 6 PRO P E R T Y B O U N D A R Y 100' S E T B A C K F R O M EDG E O F W A T E R 200' S E T B A C K F R O M EDG E O F W A T E R STIL L W A T E R R I V E R S T I L L W A T E R R I V E R IRRIGATION WATER LINEPOWER LINE EXISTING IRRIGATIONPUMP STATION 8' Ø HYDRODYNAMIC SEPARATOR9.4 CFS UNIT CAPACITY5.7 CFS CALCULATEDRUNOFF TREATMENT FLOW 36 " S D ENERGY DISSIPATER SD DETENTION POND #1 SD DETENTION POND #2 36" S D FLOW PROPOSED FLOW CONTROLSTRUCTURE WITHEMERGENCY OVERFLOW PR E L I M I N A R Y P L A T D: \ D a t a \ D W G \ 7 0 1 0 0 S T I L L W A T E R V I L L A G E M A R C H 2 0 2 2 E X P L O D E D C O N T O U R S . d w g , G E N - S D - 2 , 9 / 2 9 / 2 0 2 2 4 : 5 6 : 1 8 P M Stillwater Village Subdivision Traffic Impact Study Kalispell, Montana Prepared For: Carver Engineering 1995 3rd Ave E Kalispell, MT 59901 August, 2022 130 South Howie Street Helena, Montana 59601 406-459-1443 Stillwater Village Traffic Impact Study Kalispell, Montana i Table of Contents A. Executive Summary ......................................................................................1 B. Project Description ........................................................................................1 C. Existing Conditions ........................................................................................1 Adjacent Roadways ..............................................................................1 Traffic Data ............................................................................................3 Planned Road Improvements ................................................................4 Additional Developments.......................................................................4 Level of Service .....................................................................................4 Area Crash Data ...................................................................................5 D. Proposed Development ..............................................................................6 E. Trip Generation and Assignment ................................................................6 F. Trip Distribution ..........................................................................................8 G. Traffic Impacts Outside of the Development ...............................................8 H. Impact Summary & Recommendations .................................................... 10 List of Figures Figure 1 – Proposed Development Site ...................................................................2 Figure 2 – Proposed Development ..........................................................................7 Figure 3 –Trip Distribution .......................................................................................8 List of Tables Table 1 – Historic Average Daily Traffic Data ..........................................................4 Table 2 – 2022 Level of Service Summary ..............................................................5 Table 3 – Trip Generation Rates .............................................................................6 Table 4 – Projected Level of Service With Development .........................................6 Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 1 August, 2022 Stillwater Village Subdivision Traffic Impact Study Kalispell, Montana A. EXECUTIVE SUMMARY The Stillwater Village Subdivision is a 46.783-acre residential project located west of Highway 93 just south of Silverbrook Drive Road in Kalispell, Montana. At full build-out, the project would consist of 181 new residential units and would produce 1,400 new daily vehicle trips in this area. As proposed, the Stillwater Village Subdivision would not create any roadway capacity problems that have not already been identified in previous planning efforts. The LOS at the Silverbrook Drive (Tronstad Road)/Highway 93 intersection will fall to LOS F by full buildout of the planned projects in this area. This issue has been previously identified in the Kalispell Move 2040 Transportation Plan which recommends rebuilding the Tronstad Road approach as a ¾ movement in the future which will correct the anticipated LOS issues on both sides of this intersection. This modification should not be implemented until necessary roadway improvements are completed along Reserve Drive by the City of Kalispell. No other roadway modifications are recommended at this time to serve the Stillwater Village Subdivision. B. PROJECT DESCRIPTION This document studies the possible effects on the surrounding road system from a proposed residential development located west of Highway 93 in Kalispell, Montana. The document provides information regarding possible traffic impacts in the area and identifies traffic mitigation efforts that the development may require. The development would include up to 181 residential dwelling units on 46.783 acres of land south of Silverbrook Drive. C. EXISTING CONDITIONS The proposed development property consists of a 46.783-acre parcel of land located west of U.S. Highway 93 just south of the existing Silverbrook Estates subdivision. The property currently consists of an undeveloped farm field just west of a rural residential subdivision along Hagerman Lane which has six existing residential homes. The surrounding area is comprised of rural residential and agricultural properties adjacent to the Highway 93 corridor. See Figure 1 for a location map of the proposed development. Adjacent Roadways US Highway 93 is a four-lane north/south principal arterial roadway which extends north from Kalispell to Whitefish. The roadway has a rural cross-section, medians, and left-turn lanes at Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 2 August, 2022 major intersections. The road is currently signalized at the intersection with West Reserve Drive to the south. The posted speed-limit on Highway 93 is 65 MPH north of Reserve Drive. ATS acquired Traffic data collected by MDT that indicates the roadway carried 22,000 VPD north of Reserve Drive in 2021. Figure 1- Proposed Development Site Silverbrook Drive is an east/west route that extends west from Highway 93 near the intersection with Tronstad Road and provides access to the Silverbrook Subdivision. Silverbrook Drive has a divided central median and is controlled by STOP signs at the intersections with Highway 93 and Church Drive. Tronstad Road is an east/west route that extends east from Highway 93 to Whitefish Stage Road which provides access to the agricultural and residential areas east of Highway 93. The road has been classified as an urban collector route by the City of Kalispell. Tronstad Road has paved width of 20-22 feet and a posted speed limit of 35 MPH. The western section of the road is currently being reconstructed to City of Kalispell Standards. Tronstad Road is STOP controlled at the intersections with Highway 93 and Whitefish Stage Road and generally lines up with Silverbrook Drive to the west. Traffic data collected by Flathead County in 2020 indicates that Tronstad Road currently carries 1,300 VPD. = Study Intersection Stillwater Village Subdivision Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 3 August, 2022 Church Drive is an east/west collector route that extends west from Highway 93 to provide access to the residential and agricultural area west of Highway 93. Near Highway 93 the roadway has an urban cross-section and a paved width of 35 feet. The posted speed limit is 35 MPH. The intersection of Church Drive and Highway 93 is controlled by a junior interchange which passes under the highway and allows right-turn access to and from Highway 93. Traffic data collected by Flathead County in 2019 indicates that Tronstad Road currently carries 1,800 VPD. Whitefish Stage Road/ Route 292 is a two-lane north/south minor arterial route which extends north of Kalispell and connects to Montana Highway 40 south of Whitefish. The roadway provides agricultural and residential access in the area. The route has a rural cross-section with a total paved width of 24 feet. The posted speed limit on Whitefish Stage Road is 50 MPH north of Reserve Drive. Whitefish Stage Road is signal controlled at the intersection with West Reserve Drive. Data obtained by ATS from MDT indicates that the roadway carried 4,100 VPD north of Reserve Drive in 2021. Traffic Data In January 2022 Abelin Traffic Services (ATS) collected traffic data at area intersections to evaluate current operational characteristics. These counts included peak-hour turning movement counts at nearby intersections. The peak-hour turning movement counts were performed at the intersections of Highway 93 with Tronstad Road and Whitefish Stage Road crossing with Tronstad Road. Tronstad Road has been under construction since the spring of 2022 so no new traffic data could be collected for this traffic analysis. The raw data collected for this project was adjusted for seasonal variation in accordance with the data collected from MDT’s annual count station located on US Highway 2 west of Kalispell (Station A-24). This count station data indicated that data collected in January 2022 is approximately 94% of the AADT (Average Annual Daily Traffic) in this area. The raw traffic counts were factored up by 6% to account for the seasonal traffic variations in this area. Historic Traffic Data Abelin Traffic Services obtained historic traffic data for the surrounding road network from the Montana DOT. This data is presented in Table 1. The traffic data history shows that traffic volumes on Highway 93 have increased at a rate of 3% annually over the last ten years. Traffic volumes along Whitefish Stage Road have remained consistent over the time period. Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 4 August, 2022 Table 1 – Historic Traffic Data Location 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 US 93 N of Reserve #15-7B-018 15,670 16,970 16,220 16,550 16,961 20,215 19,742 23,165 21,126 22,027 US 93 S of Happy Valley Dr #15-4A-042 14,250 13,230 14,140 14,320 15,900 15,654 16,898 17,708 16,150 17,962 Whitefish Stage N of Reserve #15-7B-078 3,170 3,300 2,460 3,609 3,834 3,803 3,860 4,035 3,753 4,053 Planned Road Improvements The 2021 Kalispell Move 2040 Transportation Plan predicts that traffic volumes on Highway 93 will increase significantly north of Reserve Drive by 2040. The plan also anticipates that the intersections of Reserve Drive with Highway 93 and Whitefish Stage Road will fall to LOS F by 2040 without major improvements to meet future traffic demands and anticipate LOS issues at the intersection of Highway 93 and Tronstad Road. The plan contains the following recommended improvements for the road network in this area: Major Street Network Recommendations MSN-27 Construct West Reserve Drive from Highway 93 to Whitefish Stage to a five-lane urban principal arterial. Estimated Cost $6,600,000. MSN-28 Construct West Reserve Drive from Whitefish Stage to Highway 2 to a five-lane urban principal arterial. Estimated Cost $8,500,000. Transportation System Management Recommendations TSM – 8 Monitor and improve turn lanes and signal control at Whitefish Stage Road/Tronstad Road intersection per ongoing study. Estimated Cost $320,000. TSM - 19 Convert the intersection of Highway 93 with Silverbrook Drive/Tronstad Road to 3/4 access. Estimated Cost $160,000. Additional Developments The Quail Meadows Subdivision is a planned 10.01-acre residential project located east of Highway 93 just north of Tronstad Road. At full build-out, the project would produce 368 new daily vehicle trips in this area. The developers are currently widening Tronstad Road in front of their development to City of Kalispell urban standards. Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 5 August, 2022 Level of Service Using the data collected for this project, ATS conducted a Level of Service (LOS) analysis at area intersections. This evaluation was conducted in accordance with the procedures outlined in the Transportation Research Board’s Highway Capacity Manual (HCM) - Special Report 209 and the Highway Capacity Software (HCS) version 7.9. Intersections are graded from A to F representing the average delay that a vehicle entering an intersection can expect. Typically, a LOS of C or better is considered acceptable for peak-hour conditions. Table 2 – 2022 Level of Service Summary AM Peak Hour PM Peak Hour Intersection Delay (Sec.) LOS Delay (Sec.) LOS Highway 93 & Silverbrook/ Tronstad* 15.7/20.8 C/C 14.1/34.2 B/D Whitefish Stage Road & Tronstad Road* 9.7/10.7 A/B 10.4/10.6 B/B * Eastbound/Westbound LOS & Delay. Table 2 shows the existing 2022 LOS for the AM and PM peak hours without the traffic from the proposed development. The LOS calculations are included in Appendix C. The table shows that most of the intersections in this area are functioning at an acceptable level of service, but the intersection of Tronstad Road with Highway 93 is currently experiencing some delay issues which may need to be addressed as this area continues to develop. There is not currently sufficient traffic to warrant the installation of a traffic signal at this location. TSM 19 from the Kalispell Move 2040 recommends converting the intersection to a ¾ movement approach from Tronstad Road which would correct the LOS issues at this intersection. The congestion issues at this intersection are mostly caused by the existing left-turn movements from Tronstad Road onto Highway 93. The number of left-turns from Silverbrook Drive onto Highway 93 are very low and do not currently create significant delay issues. Area Crash Data ATS collected crash data from MDT’s public crash site to assess intersections for geometric, traffic control, and roadway characteristic deficiencies. Generally, crashes are expressed as a rate of crashes per million vehicles entering (MVE). Crash rates at rural and urban intersections in Montana typically range from 0.5 to 1.5 crashes per MVE. The 5-year MDT data indicates that eight crashes were recorded at the intersection of Tronstad Road and Highway 93 over the last five years and four crashes occurred at the intersection of Tronstad Road with Whitefish Stage Road. The crash rates for these intersections are 0.2 crashes per MVE and 0.5 crashed per MVE respectively. The crash rates indicate that no geometric, roadway characteristic, or traffic control deficiencies exist in the area, and no roadway improvements are currently necessary to improve traffic safety. Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 6 August, 2022 D. PROPOSED DEVELOPMENT The Stillwater Village Subdivision is proposed for development on 46.783 acres of land located west of Highway 93 near Silverbrook Drive. The development would include up to 67 new single-family residential units and 114 townhomes and has been annexed into the City of Kalispell. The project would access onto Silverbrook Drive to the north and would develop a new right in/out only connection onto Highway 93 from an existing farm approach 1,400 feet south of the Silverbrook Drive/Tronstad Road intersection. The project would not create a connection to Haggerman Lane to the east. The interior road network would be constructed to City of Kalispell road standards and would be configured to allow future access to the adjacent properties as additional areas are developed. The Stillwater Village Subdivision site plan is shown in Figure 2. The project is expected to be completed by 2030. E. TRIP GENERATION AND ASSIGNMENT ATS performed a trip generation analysis to determine the anticipated future traffic volumes from the proposed developments using the trip generation rates contained in Trip Generation (Institute of Transportation Engineers, Tenth Edition). These rates are the national standard and are based on the most current information available to planners. A vehicle “trip” is defined as any trip that either begins or ends at the development site. ATS determined that the critical traffic impacts on the intersections and roadways would occur during the weekday morning and evening peak hours. According to the ITE trip generation rates, at full build-out the development would produce 93 AM peak hour trips, 121 PM peak hour trips, and 1,400 daily trips. See Table 3 for detailed trip generation information. Table 3 - Trip Generation Rates Land Use Units AM Peak Hour Trip Ends per Unit Total AM Peak Hour Trip Ends PM Peak Hour Trip Ends per Unit Total PM Peak Hour Trip Ends Weekday Trip Ends per Unit Total Weekday Trip Ends Single Family #210 67 .70 47 (12in/35out) .94 63 (40in/23out) 9.43 632 Multi- Family #220 114 .40 46 (11in/35out) .51 58 (37in/21out) 6.74 768 TOTAL 181 93 (23in/70out) 121 (77in/44out) 1,400 Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 7 August, 2022 Figure 2 – Proposed Stillwater Village Subdivision Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 8 August, 2022 F. TRIP DISTRIBUTION The traffic distribution and assignment for the proposed subdivision was based upon the existing ADT volumes along the adjacent roadways. Left-turns onto Highway 93 in this area can be difficult during the AM and PM peak traffic periods. Based on the traffic observations for the intersection of Silverbrook Drive and Highway 93, the number of left-turns onto Highway 93 at the intersection from Silverbrook Drive is near zero. This is likely due to the fact that drivers can easily use Silverbrook Drive to the north to connect with Church Drive and then use the junior interchange to access the highway to the north. Drivers are expected to distribute onto the surrounding road network as shown on Figure 3. Figure 3 – Peak-Hour Trip Distribution G. TRAFFIC IMPACTS OUTSIDE OF THE DEVELOPMENT Using the trip generation and trip distribution rates, ATS determined the future Level of Service for the area intersections. The anticipated intersection LOS with the proposed development is shown in Table 4. The LOS calculations are included in Appendix C of this report. The table indicates that the construction of the Stillwater Village Subdivision and other developments in this area may create additional temporary delay at Silverbrook Drive/Tronstad Road intersection. The intersection of Highway 93 and Tronstad Road will fall to LOS F by full buildout and the Tronstad Stillwater Village Subdivision 60% Tronstad Road 35% Si l v e r b r o o k D r i v e 5% Church Drive Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 9 August, 2022 Road approach may need to be converted into a ¾ movement intersection as recommended in Kalispell Move 2040 Transportation Plan TSM -19. The intersection of Silverbrook Drive is not currently recommended for left-turn restrictions. While this is likely an effective long-term strategy to control traffic movements at this location, the modification would force all southbound traffic from this location to Whitefish Stage Road and to Rose Crossing or Reserve Drive. Based on current traffic loading and intersection operations in this area, the ¾ movement intersection modification at Tronstad Road should not be implemented until the recommended Major Street Network improvements are completed along Reserve Drive and the intersection of Reserve Drive and Whitefish Stage Road is improved (MSN 27 & 28). Once this design is implemented, the decreased left-turn conflicts and the intersection will allow the approaches to the intersection (Silverbrook Drive and Tronstad Road) to function at acceptable levels of service. With this configuration the intersection would function at LOS B in the morning and LOS C in the PM peak hours. The new approach onto Silverbrook Drive will function at LOS A during the AM and PM peak traffic periods. Table 4 – Projected Level of Service With Development AM Peak Hour PM Peak Hour Intersection Delay (Sec.) LOS Delay (Sec.) LOS Highway 93 & Silverbrook/ Tronstad* 14.6/13.3 B/B 17.2/15.6 C/C Whitefish Stage Road & Tronstad Road* 10.3/11.7 B/B 11.4/11.7 B/B Silverbrook Road & New North Approach* 9.6 A 9.9 A Highway 93 & New South Approach* 14.0 B 15.8 C * Eastbound/Westbound LOS & Delay. ATS reviewed the left- and right-turn lane warrants for the approach intersections of Highway 93 Silverbrook Drive and Tronstad Road based on the recommended practices from the MDT Road Design Manual with the anticipated traffic from the Stillwater Village development. Currently Highway 93 has a dedicated left-turn lanes at Silverbrook Drive/Tronstad Road. The Stillwater Village Subdivision plans to create a right-turn only approach onto Highway 93 at the new approach to the south and would not require any left-turning lanes. This analysis showed that the projected traffic volumes will be below the recommended threshold for the installation of right- turn deceleration lanes at Silverbrook Drive or the new south approach. The turn-lane warrant calculations are included in Appendix D of this report. TSM 8 in the transportation plan recommends monitoring and improving turn lanes and traffic controls at the intersection of Tronstad Road with Whitefish Stage Road. Based on the analysis for this project, these improvements are not needed at this time but may be necessary with future developments in this area. The intersection of Tronstad Road and Whitefish Stage Road has Stillwater Village Traffic Impact Study Kalispell, Montana Abelin Traffic Services 10 August, 2022 sufficient reserve capacity to handle any additional extra right-turns from the proposed development if and when the Highway 93 intersection is converted to a ¾ movement approach. H. IMPACT SUMMARY & RECOMMENDATIONS As proposed, the Stillwater Village Subdivision would not create any roadway capacity problems that have not already been identified in previous planning efforts. The LOS at the Silverbrook Drive (Tronstad Road)/Highway 93 intersection will fall to LOS F by full buildout of the planned projects in this area. This issue has been previously identified in the Kalispell Move 2040 Transportation Plan which recommends rebuilding the Tronstad Road approach as a ¾ movement in the future which will correct the anticipated LOS issues on both sides of this intersection. This modification should not be implemented until necessary roadway improvements are completed along Reserve Drive by the City of Kalispell. No other roadway modifications are recommended at this time to serve the Stillwater Village Meadows Subdivision. APPENDIX A Traffic Data Summary of Turning Movement Counts - from Traffic Count on iOS Study Name K21-111 Quail Meadows Observer Janessa Courtney Location Tronstad Road & US Highway 93 Weather Haze, 32 degrees Date Northbound Southbound Eastbound Westbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total All 7:30 AM 8 203 3 4 201 0 0 1 19 6 0 9 454 7:45 AM 4 177 5 3 179 0 2 0 11 11 1 14 407 8:00 AM 9 194 4 0 150 0 1 2 17 4 0 9 390 8:15 AM 12 196 4 5 160 0 0 0 9 5 0 2 393 Total 33 800 18 12 719 0 3 3 57 26 1 34 1706 Northbound Southbound Eastbound Westbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total All 4:30 PM 6 214 13 9 236 3 2 1 10 4 0 12 510 4:45 PM 17 210 12 5 244 3 1 0 11 2 1 6 512 5:00 PM 12 240 14 8 240 1 1 0 6 4 0 3 529 5:15 PM 11 257 12 7 263 3 0 0 9 6 0 6 574 5:30 PM 15 209 16 9 250 2 0 0 13 4 3 6 527 Total 61 1152 70 38 1247 12 5 1 50 20 4 34 2694 13-Jan-22 Summary of Turning Movement Counts - from Traffic Count on iOS Study NameK21-111 Quail Meadows Observer Janessa Courtney Location Tronstad Road & Whitefish Stage Road, Kalispell, MT 59901 Weather Cloudy, 25 degrees Date Northbound Southbound Eastbound Westbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total All 7:31 AM 3 4 0 0 39 5 3 0 10 1 0 0 65 7:46 AM 6 5 0 0 32 15 3 0 3 0 0 0 64 8:01 AM 2 14 1 0 25 4 3 0 5 0 0 0 54 8:16 AM 5 16 0 0 13 3 3 0 7 1 0 0 48 8:31 AM 0 2 0 0 1 0 0 0 0 0 0 0 3 Total 16 41 1 0 110 27 12 0 25 2 0 0 234 Northbound Southbound Eastbound Westbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total All 4:30 PM 6 20 0 0 19 6 11 0 6 0 0 0 68 4:45 PM 0 29 0 0 24 7 9 0 11 0 0 0 80 5:00 PM 5 18 0 0 30 9 12 0 7 0 0 0 81 5:15 PM 8 26 0 0 20 5 15 0 4 0 0 0 78 5:30 PM 2 2 0 0 1 0 3 0 1 0 0 0 9 Total 21 95 0 0 94 27 50 0 29 0 0 0 316 12-Jan-22 APPENDIX B Traffic Model Stillwater Village Seasonal Adjustment 1.06 Traffic Model Existing 2022 AM Peak Hour 15 Min x 4 Silverbrook Drive HWY 93 WF Stage 15.7/20.8 C/C 9.7/10.7 A/B 0 38 21 0 34 852 0 165 0 0 17 25 Tronstad Road 0 4 85 0 0 34 13 13 0 0 4 861 0 59 81 13 42 0 Development Site 0 958 South Road 0 907 Stillwater Village Traffic Model Existing 2022 PM Peak Hour 15 Min x 4 Silverbrook Drive HWY 93 WF Stage 14.1/34.2 B/D 10.4/10.6 B/B 13 25 38 0 59 1115 0 127 0 0 30 25 Tronstad Road 0 0 38 0 0 47 51 21 0 0 0 1090 0 76 38 51 30 4 Development Site 0 1179 South Road 0 1187 Stillwater Village Traffic Model Site Generated Traffic AM Peak Hour Silverbrook Drive HWY 93 WF Stage 1 25 7 1 4 0 3 1 19 Tronstad Road 25 1 14 1 1 1 6 2 85%44%3 2 Development Site IN 23 OUT 70 3 15%3 South Road 56%39 IN 23 OUT 70 42 14 Stillwater Village Traffic Model Site Generated Traffic PM Peak Hour Silverbrook Drive HWY 93 WF Stage 3 15 24 0 12 1 12 3 62 Tronstad Road 15 0 47 0 2 3 4 2 85%44%2 1 Development Site IN 77 OUT 44 12 15%2 South Road 56%25 IN 77 OUT 44 27 47 Stillwater Village Traffic Model Quail Meadows Traffic AM Peak Hour Silverbrook Drive HWY 93 WF Stage 5 1 2 8 Tronstad Road 2 2 3 7 Development Site 8 South Road 3 Stillwater Village Traffic Model Quail Meadows Traffic PM Peak Hour 15 Min x 4 Silverbrook Drive HWY 93 WF Stage 3 3 6 5 Tronstad Road 1 8 9 4 Development Site 5 South Road 9 Stillwater Village Background Growth Factor 1.24 Traffic Model Total Projected Traffic 2030 AM Peak Hour With Developments HWY 93 WF Stage Silverbrook Drive 28.8/44.1 D/E 10.3/11.7 B/B 9.6 A 4 52 28 0 42 1060 1 205 0 19 23 40 Tronstad Road 0 5 105 25 1 56 18 18 1 6 7 1067 0 74 103 19 61 0 Development Site 14.0 B 3 1199 South Road 39 1128 Stillwater Village Traffic Model Total Projected Traffic 2030 AM Peak Hour With Developments HWY 93 WF Stage Silverbrook Drive 51.0/308.7 F/F 11.4/11.7 B/B 9.9 A 28 35 51 0 74 1394 3 158 0 62 43 37 Tronstad Road 0 0 47 15 0 104 64 37 3 4 2 1351 0 95 49 72 42 5 Development Site 15.8 C 12 1469 South Road 25 1481 APPENDIX C LOS Calculations HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection HWY 93 & Silverbook Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Silberbrook Drive Analysis Year 2022 North/South Street Highway 93 Time Analyzed Existing AM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 1 0 0 1 2 0 0 1 2 0 Configuration LTR LTR L T TR L T TR Volume (veh/h)1 4 81 25 1 38 0 34 861 13 0 17 852 1 Percent Heavy Vehicles (%)3 3 3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%)0 0 Right Turn Channelized Median Type | Storage Left Only 1 Critical and Follow-up Headways Base Critical Headway (sec)7.5 6.5 6.9 7.5 6.5 6.9 4.1 4.1 Critical Headway (sec)7.56 6.56 6.96 7.56 6.56 6.96 4.16 4.16 Base Follow-Up Headway (sec)3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 Follow-Up Headway (sec)3.53 4.03 3.33 3.53 4.03 3.33 2.23 2.23 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)86 64 34 17 Capacity, c (veh/h)423 292 776 761 v/c Ratio 0.20 0.22 0.04 0.02 95% Queue Length, Q₉₅ (veh)0.8 0.8 0.1 0.1 Control Delay (s/veh)15.7 20.8 9.9 9.8 Level of Service (LOS)C C A A Approach Delay (s/veh)15.7 20.8 0.4 0.2 Approach LOS C C Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:36:30 AMTronstadAM.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection HWY 93 & Silverbrook Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Silverbrook Drive Analysis Year 2022 North/South Street Highway 93 Time Analyzed Existing PM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 1 0 0 1 2 0 0 1 2 0 Configuration LTR LTR L T TR L T TR Volume (veh/h)1 0 38 25 1 25 0 47 1090 51 0 30 1115 13 Percent Heavy Vehicles (%)3 3 3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%)0 0 Right Turn Channelized Median Type | Storage Left Only 1 Critical and Follow-up Headways Base Critical Headway (sec)7.5 6.5 6.9 7.5 6.5 6.9 4.1 4.1 Critical Headway (sec)7.56 6.56 6.96 7.56 6.56 6.96 4.16 4.16 Base Follow-Up Headway (sec)3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 Follow-Up Headway (sec)3.53 4.03 3.33 3.53 4.03 3.33 2.23 2.23 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)39 51 47 30 Capacity, c (veh/h)436 174 609 602 v/c Ratio 0.09 0.29 0.08 0.05 95% Queue Length, Q₉₅ (veh)0.3 1.2 0.2 0.2 Control Delay (s/veh)14.1 34.2 11.4 11.3 Level of Service (LOS)B D B B Approach Delay (s/veh)14.1 34.2 0.5 0.3 Approach LOS B D Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:36:59 AMTronstadPM.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection Tronstad & WF Stage Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Tronstad Road Analysis Year 2022 North/South Street Whitefish Stage Road Time Analyzed Existing AM Peak Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 1 0 0 0 1 0 0 0 1 0 Configuration LTR LTR LTR LTR Volume (veh/h)13 0 42 4 0 0 13 59 0 0 165 21 Percent Heavy Vehicles (%)3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%)0 0 Right Turn Channelized Median Type | Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec)7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1 Critical Headway (sec)7.13 6.53 6.23 7.13 6.53 6.23 4.13 4.13 Base Follow-Up Headway (sec)3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 Follow-Up Headway (sec)3.53 4.03 3.33 3.53 4.03 3.33 2.23 2.23 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)55 4 13 0 Capacity, c (veh/h)815 632 1382 1538 v/c Ratio 0.07 0.01 0.01 0.00 95% Queue Length, Q₉₅ (veh)0.2 0.0 0.0 0.0 Control Delay (s/veh)9.7 10.7 7.6 7.3 Level of Service (LOS)A B A A Approach Delay (s/veh)9.7 10.7 1.4 0.0 Approach LOS A B Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:37:31 AMWFStageAM.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection Tronstad & WF Stage Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Tronstad Road Analysis Year 2022 North/South Street Whitefish Stage Road Time Analyzed Existing PM Peak Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 1 0 0 0 1 0 0 0 1 0 Configuration LTR LTR LTR LTR Volume (veh/h)51 0 30 1 0 0 21 76 4 0 127 38 Percent Heavy Vehicles (%)3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%)0 0 Right Turn Channelized Median Type | Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec)7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1 Critical Headway (sec)7.13 6.53 6.23 7.13 6.53 6.23 4.13 4.13 Base Follow-Up Headway (sec)3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 Follow-Up Headway (sec)3.53 4.03 3.33 3.53 4.03 3.33 2.23 2.23 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)81 1 21 0 Capacity, c (veh/h)745 639 1407 1512 v/c Ratio 0.11 0.00 0.01 0.00 95% Queue Length, Q₉₅ (veh)0.4 0.0 0.0 0.0 Control Delay (s/veh)10.4 10.6 7.6 7.4 Level of Service (LOS)B B A A Approach Delay (s/veh)10.4 10.6 1.7 0.0 Approach LOS B B Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:38:09 AMWFStagePM.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection HWY 93 & Silverbrook Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Silverbrook Drive Analysis Year 2030 North/South Street Highway 93 Time Analyzed Projected AM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 1 0 1 2 0 0 1 2 0 Configuration LTR R L T TR L T TR Volume (veh/h)1 0 103 52 0 56 1067 19 0 23 1060 4 Percent Heavy Vehicles (%)2 2 2 2 2 2 2 2 Proportion Time Blocked Percent Grade (%)0 0 Right Turn Channelized No Median Type | Storage Left Only 1 Critical and Follow-up Headways Base Critical Headway (sec)7.5 6.5 6.9 6.9 4.1 4.1 Critical Headway (sec)7.54 6.54 6.94 6.94 4.14 4.14 Base Follow-Up Headway (sec)3.5 4.0 3.3 3.3 2.2 2.2 Follow-Up Headway (sec)3.52 4.02 3.32 3.32 2.22 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)104 52 56 23 Capacity, c (veh/h)480 484 651 638 v/c Ratio 0.22 0.11 0.09 0.04 95% Queue Length, Q₉₅ (veh)0.8 0.4 0.3 0.1 Control Delay (s/veh)14.6 13.3 11.1 10.9 Level of Service (LOS)B B B B Approach Delay (s/veh)14.6 13.3 0.5 0.2 Approach LOS B B Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:40:48 AMTronstadAMfixed.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection HWY 93 & Silverbrook Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Silverbrook Drive Analysis Year 2030 North/South Street Highway 93 Time Analyzed Projected PM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 1 0 1 2 0 0 1 2 0 Configuration LTR R L T TR L T TR Volume (veh/h)1 0 49 35 0 104 1351 72 0 43 1394 28 Percent Heavy Vehicles (%)2 2 2 2 2 2 2 2 Proportion Time Blocked Percent Grade (%)0 0 Right Turn Channelized No Median Type | Storage Left Only 1 Critical and Follow-up Headways Base Critical Headway (sec)7.5 6.5 6.9 6.9 4.1 4.1 Critical Headway (sec)7.54 6.54 6.94 6.94 4.14 4.14 Base Follow-Up Headway (sec)3.5 4.0 3.3 3.3 2.2 2.2 Follow-Up Headway (sec)3.52 4.02 3.32 3.32 2.22 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)50 35 104 43 Capacity, c (veh/h)345 375 475 474 v/c Ratio 0.14 0.09 0.22 0.09 95% Queue Length, Q₉₅ (veh)0.5 0.3 0.8 0.3 Control Delay (s/veh)17.2 15.6 14.7 13.3 Level of Service (LOS)C C B B Approach Delay (s/veh)17.2 15.6 1.0 0.4 Approach LOS C C Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:41:14 AMTronstadPMfixed.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection Tronstad & WF Stage Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Tronstad Road Analysis Year 2030 North/South Street Whitefish Stage Road Time Analyzed Projected AM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 1 0 0 0 1 0 0 0 1 0 Configuration LTR LTR LTR LTR Volume (veh/h)18 0 61 5 0 0 18 74 0 0 205 28 Percent Heavy Vehicles (%)3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%)0 0 Right Turn Channelized Median Type | Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec)7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1 Critical Headway (sec)7.13 6.53 6.23 7.13 6.53 6.23 4.13 4.13 Base Follow-Up Headway (sec)3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 Follow-Up Headway (sec)3.53 4.03 3.33 3.53 4.03 3.33 2.23 2.23 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)79 5 18 0 Capacity, c (veh/h)761 544 1329 1519 v/c Ratio 0.10 0.01 0.01 0.00 95% Queue Length, Q₉₅ (veh)0.3 0.0 0.0 0.0 Control Delay (s/veh)10.3 11.7 7.7 7.4 Level of Service (LOS)B B A A Approach Delay (s/veh)10.3 11.7 1.6 0.0 Approach LOS B B Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:38:39 AMWFStageAMwith.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection Tronstad & WF Stage Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Tronstad Road Analysis Year 2030 North/South Street Whitefish Stage Road Time Analyzed Projected PM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 1 0 0 0 1 0 0 0 1 0 Configuration LTR LTR LTR LTR Volume (veh/h)64 0 42 1 0 0 37 95 5 0 158 51 Percent Heavy Vehicles (%)3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%)0 0 Right Turn Channelized Median Type | Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec)7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1 Critical Headway (sec)7.13 6.53 6.23 7.13 6.53 6.23 4.13 4.13 Base Follow-Up Headway (sec)3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 Follow-Up Headway (sec)3.53 4.03 3.33 3.53 4.03 3.33 2.23 2.23 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)106 1 37 0 Capacity, c (veh/h)669 539 1356 1486 v/c Ratio 0.16 0.00 0.03 0.00 95% Queue Length, Q₉₅ (veh)0.6 0.0 0.1 0.0 Control Delay (s/veh)11.4 11.7 7.7 7.4 Level of Service (LOS)B B A A Approach Delay (s/veh)11.4 11.7 2.3 0.0 Approach LOS B B Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:39:06 AMWFStagePMwith.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection Silverbrook & North Ent Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Silverbrook Drive Analysis Year 2030 North/South Street North Entrance Time Analyzed Projected AM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 0 0 0 1 0 0 0 1 0 Configuration LR LT TR Volume (veh/h)25 6 19 42 105 1 Percent Heavy Vehicles (%)3 3 3 Proportion Time Blocked Percent Grade (%)0 Right Turn Channelized Median Type | Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec)7.1 6.2 4.1 Critical Headway (sec)6.43 6.23 4.13 Base Follow-Up Headway (sec)3.5 3.3 2.2 Follow-Up Headway (sec)3.53 3.33 2.23 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)31 19 Capacity, c (veh/h)817 1479 v/c Ratio 0.04 0.01 95% Queue Length, Q₉₅ (veh)0.1 0.0 Control Delay (s/veh)9.6 7.5 Level of Service (LOS)A A Approach Delay (s/veh)9.6 2.4 Approach LOS A Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:43:42 AMSilverbrookAMwith.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection Silverbrook & North Ent Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street Silverbrook Drive Analysis Year 2030 North/South Street North Entrance Time Analyzed Projected PM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 0 0 0 1 0 0 0 1 0 Configuration LR LT TR Volume (veh/h)15 4 62 74 47 3 Percent Heavy Vehicles (%)3 3 3 Proportion Time Blocked Percent Grade (%)0 Right Turn Channelized Median Type | Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec)7.1 6.2 4.1 Critical Headway (sec)6.43 6.23 4.13 Base Follow-Up Headway (sec)3.5 3.3 2.2 Follow-Up Headway (sec)3.53 3.33 2.23 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)19 62 Capacity, c (veh/h)757 1550 v/c Ratio 0.03 0.04 95% Queue Length, Q₉₅ (veh)0.1 0.1 Control Delay (s/veh)9.9 7.4 Level of Service (LOS)A A Approach Delay (s/veh)9.9 3.6 Approach LOS A Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:44:02 AMSilverbrookPMwith.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection HWY 93 & South Approach Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street South Approach Analysis Year 2030 North/South Street Highway 93 Time Analyzed Projected AM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 0 1 0 0 0 0 0 2 0 0 0 2 0 Configuration R T T TR Volume (veh/h)39 1128 1199 3 Percent Heavy Vehicles (%)3 Proportion Time Blocked Percent Grade (%)0 Right Turn Channelized No Median Type | Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec)6.9 Critical Headway (sec)6.96 Base Follow-Up Headway (sec)3.3 Follow-Up Headway (sec)3.33 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)39 Capacity, c (veh/h)441 v/c Ratio 0.09 95% Queue Length, Q₉₅ (veh)0.3 Control Delay (s/veh)14.0 Level of Service (LOS)B Approach Delay (s/veh)14.0 Approach LOS B Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:39:42 AMSouthRoadAMwith.xtw HCS7 Two-Way Stop-Control Report General Information Site Information Analyst RLA Intersection HWY 93 & South Approach Agency/Co.ATS Jurisdiction MDT Date Performed 1/23/2022 East/West Street South Approach Analysis Year 2030 North/South Street Highway 93 Time Analyzed Projected PM Peak Hour Peak Hour Factor 1.00 Intersection Orientation North-South Analysis Time Period (hrs)0.25 Project Description Stillwater Village Lanes Major Street: North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 0 1 0 0 0 0 0 2 0 0 0 2 0 Configuration R T T TR Volume (veh/h)25 1481 1469 12 Percent Heavy Vehicles (%)3 Proportion Time Blocked Percent Grade (%)0 Right Turn Channelized No Median Type | Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec)6.9 Critical Headway (sec)6.96 Base Follow-Up Headway (sec)3.3 Follow-Up Headway (sec)3.33 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h)25 Capacity, c (veh/h)357 v/c Ratio 0.07 95% Queue Length, Q₉₅ (veh)0.2 Control Delay (s/veh)15.8 Level of Service (LOS)C Approach Delay (s/veh)15.8 Approach LOS C Copyright © 2022 University of Florida. All Rights Reserved.HCS™TWSC Version 7.9.5 Generated: 8/30/2022 11:40:07 AMSouthRoadPMwith.xtw APPENDIX D Turn-Lane Warrants 1 | Page (Preliminary) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR STILLWATER VILLAGE PHASE 1 This Declaration of Covenants, Conditions, Restrictions and Easements for Stillwater Village (the “Declaration”) is made this _____ day of ____________, 2022, by the Montana Corporation, Owl Corporation hereinafter (the “Declarant”), by and through its duly authorized secretary/treasurer, Mark G. Owens. ARTICLE 1 STATEMENT AND PURPOSE AND IMPOSITION OF COVENANTS Section 1.1. Owner. The Declarant is the owner of the property in Flathead County, Montana, more particularly described as follows (the “Property”): Tract 1 in SW1/4 SE1/4 & SE1/4 SW1/4 Section 13 N1/2 NE1/4 & NE1/4 NW1/4 of Section 24 All in Township 29 North, Range 22 West, P.M,M., City of Kalispell, Flathead County, Montana. Certificate of Survey 22183. Section 1.2. Purpose. The purpose of the Declarant in making this Declaration is to create a development known as Stillwater Village on the Property (the “Project” or “Stillwater Village”) The Declarant further intends to ensure the attractiveness of the Property, including the residences and other improvements constructed on it to prevent any future impairment of the Property and to guard against the construction on the Property of improvements of improper or unsuitable materials or with improper quality or methods of construction, to protect and enhance the values and amenities of the Property; to provide for the operation, administration, use and maintenance of the common areas within the Property; to preserve, protect and enhance the values and amenities of the Property; and to promote the health safety and welfare of the owners of the Property. Section 1.3. Imposition of Covenants. To accomplish the purposes indicated above, the Declarant hereby declares that from the date of recording this Declaration forward, the Property will constitute a planned community known as Stillwater Village, and will be held, sold, and conveyed subject to the following covenants, conditions, restrictions and easements (collectively, these “Covenants”). These Covenants will run with the land and will be binding upon all persons or entities having any right, title, or interest in all or any part of the Property (including Declarant) and their heirs, successors, and assigns, and their tenants, employees, guests, and invitees. These Covenants will inure to the benefit of each owner of the Property. 2 | Page ARTICLE 2 DEFINITIONS The following terms, as used in this Declaration, are defined as follows: Section 2.1. “Annual Assessment” means the Assessment levied annually pursuant to Section 9.3. Section 2.2. “Architectural Review Committee” means the committee formed pursuant to Article 6 to maintain the quality and architectural harmony of improvement in Stillwater Village. Section 2.3. “Articles: or “Articles of Incorporation” means the Articles of Incorporation of the Stillwater Village Homeowners Association, Inc., a Montana non-profit corporation, which were filed with the Montana Secretary of State’s office in ____, as such Articles, may be amended from time to time. Section 2.4. “Assessments” means the Annual, Special and Default Assessments levied pursuant to Article 9 to meet the estimated cash requirements of the Stillwater Village Homeowners Association. Section 2.5. “Bylaws” means the bylaws of the Stillwater Village Homeowners Association which establish the methods and procedures of its operation, as such bylaws may be amended from time to time. Section 2.6. “Stillwater Village Documents” means the basic documents creating and governing Stillwater Village, including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Design Guidelines and any other procedures, rules, regulations or policies adopted under such documents by the Stillwater Village Homeowners Association, all as may be amended from time to time. Section 2.7. “Stillwater Village Homeowners Association” means the Stillwater Village Homeowners Association, Inc., a Montana non-profit corporation, and any successor of that entity by whatever name. Section 2.8. “Stillwater Village Rules” means the rules and regulations adopted by the Stillwater Village Homeowners Association from time to time. Section 2.9. “Common Area” means all of the areas shown as parks and common areas, depicted on the Final Plat or Plats of Stillwater Village, records of Flathead County, Montana and any other property in which the Stillwater Village Homeowners Association owns an interest for the common use, benefit and enjoyment of the Members. Section 2.10. “Common Expenses” means (i) premiums for the insurance carried by the Stillwater Village Homeowners Association under Article 9; (ii) all other expenses incurred 3 | Page by the Stillwater Village Homeowners Association in administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Area and any Improvements located on it; (iii) all expenses expressly declared to be Common Expenses by the Stillwater Village Documents; (iv) all expenses lawfully determined to be Common Expenses by the Board of Directors; and (v) all expenses to be allocated among the Owners as provided in Article 9. Section 2.11. “Declarant” means Owl Corporation, or its successors or assigns, including any successor Declarant. Section 2.12. “Default Assessment” means any Assessment levied by the Stillwater Village Homeowners Association pursuant to Section 9.5 below. Section 2.13. “Design Guidelines” means the guidelines and rules published and amended and supplemented from time to time by the Architectural Review Committee. Section 2.14. “Declaration Rights” is defined in Section 11.1.2. Section 2.15. “Expansion Property” means such additional real property now owned or in the future acquired by Declarant (including any Successor Declarant) as Declarant may make subject to the provisions of this Declaration, by duly recorded Declaration of Annexation. Section 2.16. “Improvement(s)” means all buildings, parking areas, loading areas, fences, walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or planting, and any new exterior construction or exterior improvement which may not be included in the foregoing. “Improvement(s)” does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. “Improvement(s)” does include both original improvements and all later changes and improvements. Section 2.17. “Lot” means a parcel of land designated as a lot on any Plat of the Property. Section 2.18. “Maintenance Fund” means the fund created by Assessments and fees levied pursuant to Article 9 below to provide the Stillwater Village Homeowners Association with the funds required to carry out its duties under this Declaration. Section 2.19. “Member” means any person or entity holding membership in the Stillwater Village Homeowners Association. Section 2.20. “Owner” means the owner of record (including Declarant, and including the most recent contract purchaser, but excluding all contract sellers) whether one or more persons or entities, of fee simple title to any Lot or, if the Lot is subject to one or more contracts for deed, the owner of the purchaser’s interest in the most recent contract for deed, 4 | Page but “Owner” does not mean or refer to any person or entity who holds such interest merely as security for the performance of a debt or other obligation, including a mortgage or trust indenture, unless and until such person or entity has acquired fee simple title pursuant to foreclosure or other proceedings. Section 2.21. “Period of Declarant Control” means the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana and ending on the date which is 20 years later. The Declarant at anytime may terminate his period of control by written notice to the Board of Directors. Section 2.22. “Person” (whether or not in capitalized form) means a natural person, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or combination of the foregoing. Section 2.23. “Plat” means any survey or surveys of all or part of the Property, together with such other diagrammatic plans and information regarding the Property as may be required by applicable law, or as may be included in the discretion of Declarant, as each such survey may be amended and supplemented from time to time, and all as recorded in the office of the Clerk and Recorder of Flathead County, Montana. Section 2.24. “Property” means and includes the property described in Section 1.1 and initially subjected to this Declaration, and also refers to any additional real property that may be incorporated in the Project from time to time and made subject to these Covenants pursuant to the provisions of this Declaration. Section 2.25. “Special Assessment” means an Assessment levied pursuant to Section 9.4. Section 2.26. “Special Declarant Rights” is defined as set forth in Section 11.1 below. Section 2.27. “Successor Declarant” means any party or entity to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as permitted by Section 17.7 and evidenced by an assignment or deed of record in the office of the Clerk and Recorder of Flathead County, Montana, designating such party as a Successor Declarant, signed by the transferor and the transferee. Upon such recording, Declarant’s rights and obligations under the Declaration will cease and terminate to the extent provided in such document, and all such rights and obligations shall be transferred to and assumed by the Successor Declarant to the extent provided in such document. ARTICLE 3 EXPANSION AND PLAT Section 3.1. Development Rights. Declarant reserves the right to exercise all Development Rights in connection with the Stillwater Village subdivision in accordance with Article 11 below. 5 | Page Section 3.2. Declaration of Boundaries. The boundaries of each Lot are delineated on the Plat, and each Lot is identified by the number noted on the Plat. Section 3.3. Plat. The Plat will be filed for record in the office of the Clerk and Recorder of Flathead County, Montana. The Plat may be filed as a whole or as a series of Plats from time to time. ARTICLE 4 ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 4.1. Membership. Every Owner, by virtue of being an Owner, and for so long as he is an Owner, will be a Member of the Stillwater Village Homeowners Association. Membership will be appurtenant to and may not be separated from ownership of any Lot. No Owner, whether one or more persons, will have more than one membership per Lot owned, but all of the persons owning each Lot will be entitled to rights of membership and of use and enjoyment appurtenant to such ownership. The Declarant shall be considered an Owner and shall be a Member of the Stillwater Village Homeowners Association with all of the same privileges of the other Owners and Members. For purposes of assessments, the Declarant shall be exempt from all forms of assessments imposed pursuant to this Declaration. Section 4.2. Transfer of Membership. An Owner may not transfer, pledge or alienate his membership in the Stillwater Village Homeowners Association in any way except upon the sale or encumbrance of his Lot, and then only to the purchaser or Mortgagee of his Lot. Section 4.3. Classes of Membership. The Stillwater Village Homeowners Association will have one class of voting membership, composed of all Owners, including Declarant, except that the Declarant shall have such additional rights and responsibilities as expressly provided in this Declaration. Section 4.4. Voting Rights. All Members shall be entitled to one vote on the Stillwater Village Homeowners Association matters on the basis of one vote for each Lot owned. Section 4.5. Appointment of Officers and Directors by Declarant. Until the expiration of the Period of Declarant Control, Declarant will retain the exclusive powers to appoint, remove and replace Directors and officers of the Stillwater Village Homeowners Association. ARTICLE 5 POWERS AND DUTIES OF WEST VIEW Section 5.1. Stillwater Village Homeowners Association Management Duties. Subject to the rights and obligations of Declarant as set forth in this Declaration, the Stillwater Village Homeowners Association will be responsible for the administration and operation of the Stillwater Village. The Board of Directors will exercise for the Stillwater Village Homeowners Association all power, duties and authority vested in or obligated to be taken by 6 | Page the Stillwater Village Homeowners Association and not reserved to Declarant or the other members by this Declaration, or by other applicable law. Section 5.2. Common Area. 5.2.1. Conveyance by Declarant. On or before the expiration of the period of Declarant control, Declarant will convey to the Stillwater Village Homeowners Association, by written instrument recorded with the Clerk and Recorder of Flathead County, Montana, the Common Area located on the Property. 5.2.2. Use of Common Area. The Common Area generally is designated by this Declaration for the common use, benefit and enjoyment of the Owners and their families, tenants, employees, guests and invitees. 5.2.3. Stillwater Village Homeowners Association’s Responsibility for Common Area. The Stillwater Village Homeowners Association, subject to the rights and obligations of the Owners set forth in this Declaration, will be responsible for the management, maintenance and control of the Common Area. 5.2.4. Association’s Agreements Regarding Common Area. The Stillwater Village Homeowners Association, acting through the Board of Directors, may grant easements, right-of-way, leases, licenses and concessions through or over the Common Area without the independent approval by the Owner. Without limiting the generality of the foregoing, the Stillwater Village Homeowners Association may grant such rights to suppliers of utilities serving the Project or property adjacent to the Project, and to developers or owners of property adjacent to the Project for the purpose of accommodating minor encroachments onto the Common Area or other purposes that do not unreasonably interfere with the use and enjoyment of the Common Area by the Owners. Section 5.3. Delegation by Stillwater Village Homeowners Association. 5.3.1. Committees. The Stillwater Village Homeowners Association may delegate any of its rights, duties or responsibilities to any committee or other entity (in addition to the Architectural Review Committee) that the Board may choose to form. 5.3.2. Limitation. Any delegation by the Board under this Section is subject to compliance with the Bylaws and the requirement that the Board, when so delegating, will not be relieved of its responsibilities under the Stillwater Village Documents. Section 5.4. Books and Records. The Stillwater Village Homeowners Association will make available for inspection by Owners and Mortgagees, upon request, during normal business hours or under other reasonable circumstances, current copies of the Stillwater Village Documents, and the books, records, and financial statements of the Stillwater Village Homeowners Association prepared pursuant to the Bylaws. 7 | Page Section 5.5. Successor to Declarant. The Stillwater Village Homeowners Association will succeed to all of the rights, duties and responsibilities of the Declarant under this Declaration upon termination of the Period of Declarant Control. ARTCLE 6 ARCHITECTURAL REVIEW COMMITTEE Section 6.1. Committee. There is hereby established an Architectural Review Committee, which will be responsible for the review and approval of all proposed Improvements on the Lots. Section 6.2. Committee Membership. The Committee will be composed of three or more persons, all of the members of the Committee will be appointed, removed, and replaced by Declarant, in its sole discretion, until the expiration of the Period of Declarant Control or such earlier time as Declarant may elect to voluntarily waive this right by notice to the Stillwater Village Homeowners Association, and at that time the Board of Directors will succeed to Declarant’s right to appoint, remove, or replace the members of the Committee. Section 6.3. Purpose and General Authority. No Improvements will be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor will any construction, repair or reconstruction be commenced until plans for the Improvements have been approved by the Committee; provided, however, that Improvements that are completely within a building may be undertaken without such approval. The Owner shall submit a site plan and elevations showing the design, location, material, color and exterior finish of proposed Improvements to the Architectural Review Committee. All improvements will be constructed only in accordance with approved plans. Section 6.4. Design Guidelines. The Architectural Review Committee may publish Design Guidelines which set forth the procedures and criteria for review of Improvements to be constructed on any Lot, and for review of landscaping plans. Failure to follow procedures or criteria set forth in the current published Design Guidelines shall form an adequate basis for rejection of the submitted site plan and elevations; provided, however, that this requirement shall not be construed as preventing the Declarant or the Architectural Review Committee, at their option, from waiving or amending the Design Guidelines at any time or with respect to any application. Failure to follow such procedures or criteria set forth in the Design Guidelines shall also be deemed a breach of this Declaration by such Owner and shall entitle the Association or the Architectural Review Committee to exercise and pursue the rights and remedies provided herein with respect to such breach. Section 6.5. Failure to Act. In the event the Architectural Review Committee fails to approve or disapprove such design, location, material, color and exterior finish within thirty days after the detailed site plan and elevations have been submitted to it, approval shall not be required and such Owner shall be deemed in compliance with this Article. Any plans, elevations and proposals so approved, either expressly in writing or by the expiration of the thirty day period herein above provided, shall then permit the Owner to commence construction in accordance with said plans and elevations, but any deviation from said plans and elevations 8 | Page which in the judgment of said Architectural Review Committee is a substantial detriment to the appearance of the structure or of the surrounding area shall be corrected to conform with the plans and elevations as submitted. Section 6.6. Committee Discretion. The Committee will exercise its best judgment to see that all Improvements conform and harmonize with any existing structures as to external design, quality and type of construction, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines and the other Stillwater Village Documents. The Committee, in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may permit compliance with different or alternative requirements. Section 6.7. Binding Effect. The actions of the Committee in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any other matter before it, will be conclusive and binding on all interested parties. Section 6.8. Organization and Operation of Committee. 6.8.1. Term. The term of office of each member of the Committee will be one year, commencing January 1 of each year, and continuing until his successor shall have been appointed. Should a Committee member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 6.2. 6.8.2. Chairman. So long as Declarant appoints the Committee, Declarant will appoint the chairman. At such time as the Committee is appointed by the Board of Directors, the chairman will be elected annually from among the members of the Committee by a majority vote of the members. In the absence of a chairman, the party responsible for appointing or electing the chairman may appoint or elect a successor, or if the absence is temporary, an interim chairman. 6.8.3. Operations. The Committee chairman will take charge of and conduct all meetings and will provide for reasonable notice to each member of the Committee prior to any meeting. The notice will set forth the time and place of the meeting, and notice may be waived by any member. 6.8.4. Voting. The affirmative vote of a majority of the members of the Committee will govern its actions and be the act of the Committee. Section 6.9. Other Requirements. Compliance with the Stillwater Village architectural review process is not a substitute for compliance with City of Kalispell building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction. 9 | Page Section 6.10. Enforcement. 6.10.1. Inspection. Any member or authorized consultant of the Architectural Review Committee, or any authorized officer, Director, employee or agent of the Stillwater Village Homeowners Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements have been or are being build in compliance with Stillwater Village documents and the plans and specifications approved by the Architectural Review Committee. 6.10.2. Deemed Nuisances. Every violation of these Covenants is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against Member will be applicable. Without limiting the generality of the foregoing, these Covenants may be enforced as provided below. (i) Fines for Violations. The Committee may adopt a schedule of fines for failure to abide by the Committee rules and the Design Guidelines, including fines for failure to obtain any required approval from the Committee. (ii) Removal of Nonconforming Improvements. The Stillwater Village Homeowners Association may, upon request of the Committee and after reasonable time after notice to the Owner, without being deemed guilty of trespass, remove any Improvement constructed, reconstructed, refinished, altered, or maintained in violation of these Covenants. The Owner of the Improvement will immediately reimburse the Stillwater Village Homeowners Association for all expenses incurred in connection with such removal. If the Owner fails to reimburse the Stillwater Village Homeowners Association within 30 days after the Stillwater Village Homeowners Association gives the Owner notice of the expenses, the sum owed to the Stillwater Village Homeowners Association will bear interest at the maximum rate permitted under Montana law from the date the expense was incurred by the Stillwater Village Homeowners Association through the date of reimbursement in full, and all such sums and interest will be a Default Assessment enforceable as provided in Article 9. Section 6.11. Continuity of Construction. All improvements commenced on the Property will be prosecuted diligently to completion. If an Improvement is commenced and construction is then abandoned for more than ninety days, or if construction is not completed within the required twelve-month period described below in Section 7.4, then after notice and opportunity for hearing as provided in the Bylaws, the Stillwater Village Homeowners Association may impose a fine of not more than $50.00 per day to be charged against the Owner of the Lot until construction is resumed, or the Improvements are completed, as applicable. 10 | Page ARTICLE 7 PROPERTY USE RESTRICTIONS Section 7.1. General Restriction. The Property will be used only for the purposes set forth in these Covenants, as permitted by the applicable regulations of the City of Kalispell, and the laws of the State of Montana and the United States, and as set forth in the Stillwater Village Documents or other specific recorded covenants affecting all or any part of the Property. Section 7.2. Single-Family Residence. Upon obtaining the approval of the Architectural Review Committee, one single-family residence may be built on each Lot. Construction of the residence must be started within thirty six months of closing. Unless otherwise provided for by the Declarant. Section 7.3. Further Subdivision. Other than Lots owned by the Declarant, no Lot shall be further subdivided. Section 7.4. Temporary Buildings, Square Footage, etc. No temporary building, shack, tent, house trailer, mobile home or modular structure shall be located on any Lot. All construction, including landscaping, must be completed within twelve months from the commencement of construction. All residences must be of new construction, built on-site, and shall contain a minimum of 1,500 square feet of finished living space above grade, exclusive of garages, decks, porches or basements. All two-level residences must contain no less than 1,200 square feet of living space on the first level, exclusive of attached garages, basements, decks, and porches. All residences must have an attached garage of at least 576 square feet unless otherwise approved by the Architectural Review Committee. Section 7.5. Roofs, Siding and Colors. It is expected that all elevations will not only take advantage of the view from within the residence, but will provide pleasant views from all surrounding areas. All side and rear elevations are expected to be articulated to break up the façade into smaller elements, as well as adding the richness of shade and shadow. Large blank walls will not be allowed. Failure to provide adequate articulation and richness may be grounds for rejection of the design by the Committee. Roof Shape and Character is important to avoid vertical monotony. Slopes of 6/12 or greater are to be considered for dominant roof elements and gable ends. Gentler roof pitches can be integrated for background and less conspicuous connections. Alternative configurations may also be considered to balcony roofs and dormers of all sizes as these contribute to the human scale. This is encouraged to provide a texture and an apparent reduction of the built mass. All overhangs and projections shall be a minimum of 18” with 24” preferred. The Committee strongly recommends that sloping roofs be designed as sheltering and shading elements, normally with broad overhangs and strong shadow lines. Thin edges or thin fascias should be avoided. Sloped roof materials should be textural with very dark or deep color tones. Roof surfaces must be non-reflective and, in the opinion of the Committee, not visually objectionable from neighboring properties and roads. 11 | Page The composition of roof forms should be carefully considered. No continuous ridgelines should exceed 40 feet. Changing the ridge direction, offsets or major roof projections should be used to break ridgelines. Fascia boards are required. Rafters shall not be exposed. Wood with the look of substance is required unless otherwise approved. The placement of the various pipes and vents that penetrate the roof should be considered. Combine them in the attic space and project through roof in a common enclosed stack when possible. Where it is practical, place stacks on the roof away from the side of greatest visibility. All roof vents are to be colored to match the dominant roofing material. Colors 1. Non-reflective materials are to be used, including non-reflecting glazing. 2. Color selections shall range from white or off-white to weathered driftwood (a very light gray) through to light brown, green or related tones. The use of blue may be allowed in certain shades. 3. Materials for roofs may be sculpted architectural asphalt, flat concrete or fiber- cement tile, slate or other cut stone only. Metal roofs are not permitted. 4. Materials for walls may be stained wood or wood, painted fiber-cement lap siding and stone. Colored stucco may be incorporated for very small area as an accent only. Stucco colors are to be deeply toned rich warm grays, greens and browns; light or soft reflective tones are not acceptable. Section 7.6. Landscaping, Drainage, Grading and Irrigation. Immediately after construction, all disturbed ground must be landscaped. All lots must have underground irrigation systems. Residences should be designed to fit the existing topography of the property without excessive manipulation of the site by cut or fill. Changes in the natural grade by cutting or filling for structures, walks and driveways must be kept to a minimum to preserve the existing landform. Owners shall be responsible for irrigation, maintenance and upkeep of all Boulevards that are adjacent to their property. General siting and grading principles are as follows: 1. The finish grade around the residence and any site walls should remain as close as possible to the original natural grade. 2. Grading may be done outside the landscaping for driveway access and site drainage. 3. Screen walls, walls not supporting a building structure or retaining earth, may not exceed five (5) feet in height measured from finish grade along the exterior side of the enclosure. A landscaping plan for each building Lot shall be submitted to the Architectural Review Committee for approval. Landscaping of the entire lot shall be complete within 90 days of occupancy or unless otherwise approved by the Architectural Review Committee in writing. 12 | Page In the event that soil must be imported or exported from the property, the property owner will be responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject to an agricultural soil analysis at the discretion of the Architectural Review Committee. The following building Lot landscape design criteria are provided to enhance the definition of each home site. The primary goal is to protect and maximize individual property values through the implementation of a generous landscape design. These criteria must be followed to successfully receive the approvals required by the Architectural Review Committee. Drainage of individual properties must work with the existing topography and be directed toward the natural open space or drainage swale systems, developed in conjunction with the roadways. The Front Yard/Streetscape Zone is the area nearest to the neighborhood street and includes boulevard area to the back of curb and is normally at the front of the property. On corner lots this zone also extends down the side of the property parallel to the street. The landscape requirements for the front yard are: Minimum two (2) Neighborhood Shade Trees (2” minimum, caliper) per lot. Minimum one (1) Ornamental Accent Tree per lot. Lawn area to be sodded with underground irrigation systems. The Side/Rear Yard includes the transitional side yard area and “backyard” area adjacent to another lot or the street. The landscape requirements are: Minimum two (2) Neighborhood Shade Trees (2” minimum, caliper) per lot. Minimum one (1) Ornamental Accent Tree per lot. Lawn area to be sodded with underground irrigation systems. 13 | Page The following is a list of acceptable trees. Neighborhood Shade / Street Trees Ornamental Accent Trees Emerald Queen Maple Concolor Fir Northwood Red Maple Amur Maple Multi-stem & Single-stem Royal Red Maple Paper Birch Single-stem Green Mountain Sugar Maple Toba Hawthorn Ohio Buckeye Russian Olive Common Hackberry Dolgo Crabapple Autumn Purple White Ash Spring Snow Crabapple Patmore Green Ash Colorado Blue Spruce Summit Green Ash Quaking Aspen Single-stem Imperial Honeylocust Norway Spruce Redmond Linden American Linden Austrian Pine Glenleven Littleleaf Linden Scotch Pine Greenspire Littleleaf Linden Amur Chokecherry Single-stem European Birdcherry Canada Red Chokesherry Single-stem 14 | Page The following is a list of acceptable shrubs. Deciduous Shrubs Apple Serviceberry Princess Diana Serviceberry Allegheny Serviceberry Saskaton Seviceberry Regent Serviceberry Sandblow Serviceberry Glossy Black Chokecherry Japanese Red Leaf Barberry Crimson Pygmy Barberry Ruby Carousel Barberry Burgundy Carousel barberry Rose Glow Japanese Barberry Sparkle Japanese Barberry Siberian Peashrub Pygmy Caragana Globe Caragana European Variegated Dogwood Mottled Dogwood Bailey Red Twigged Dogwood Colorado Red Osier Dogwood Yellow Twigged Dogwood Isanti Dogwood Hedge Peking Colonester Cranberry Cotoneaster Pagoda Dogwood Gray Dogwood Dwarf Winged Euonymus Meadowlark Forsythia Northern Sun Forsythia Annabelle Hydrangea Hydrangea PeeGee Cheyenne Privet (for hedges) Arnold’s Red Honeysuckle Clavey’s Dwarf Honeysuckle Golden Mockorange Minnesota Snowflake Dart’s Gold Ninebark Abbotswood Bush Cinquefoil Coronation Triumph Bush Clinquiefoil Gold Drop Bush Cinquefoil Goldfinger Bush Cinquefoil Goldstar Bush Cinquefoil Jackman Bush Cinquefoil Katherine Dykes Bush Cinquefoil McKay’s White Bush Cinquefoil Primrose Beauty Bush Cinquefoil Tangerine Bush Cinquefoil Yellow Gem Potentilla Western Sand Cherry Purple Leaf Sand Cherry Dwarf Russian Almond Nanking Cherry Double Flowering Plum Common Chokecherry Canada Red Chokecherry Smooth Sumac Cutleaf Smooth Sumac Three Leafed Sumac Staghorn Sumac Cutleaf Staghorn Sumac Alpine Currant Dwarf Alpine Currant Adelaide Hoodless Rose Austnan Copper Shrub Rose Bonica Shrub Rose Champion Shrub Rose Cuthbert Grant Shrub Rose FJ Grootendorst Shrub Rose Golden Wings Shrub Rose Hansa Shrub Rose Harrison Yellow Shrub Rose Henry Hudson Henry Kelsey Rose JP Connell Jens Munk Rose Magnifica Shrub Rose Martin Frobisher Shrub Rose Scarlet Meidland Shrub Rose White Meidland Shrub Rose Morden Centennial Shrub Rose Morden Fireglow Shrub Rose Nearly Wild Shrub Rose Prairie Joy Shrub Rose Persian Yellow Shrub Rose Sir Thomas Lipto Shrub Rose Theresa Bugnet Shrub Rose William Baffin Rose Woodsii Rose Ural False Spirea Dwarf Blue Arctic Willow Buffaloberry Japanese White Spirea Dwarf Garland Spirea Anthony Waterer Spirea Dwarf Red Flowering Spirea Crisp Leaf Spirea Froebel Spirea Gumball Spirea Grefsheim Spirea Goldmound Spirea Little Princess Spirea Norman Spirea Snowmound Spirea Bridalwreath Spirea Indian current Coralberry Chinese Lilac Dwarf Korean Lilac Miss Kim Lilac Donald Wyman Lilac Summer Glow Tamrisk Nannyberry Viburnum Dwarf European Cranberry Bush Mohican Wayfaring Tree Virbumum Compact European Cranberry Bush Common Snowball Vibernum Alfredo Compact Americana Cranberry Bailey Compact American Cranberry RedPrince Welgela Coniferous (Evergreen) Shrubs Gold Coast Juniper Pfitzer Juniper Gold Tip Pfitzer Juniper Sea Green Juniper Repanda Juniper Blue Chip Juniper Youngstown Andorra Juniper Hughes Juniper Icee Blue Juniper Prince of Wales Juniper Wiltoni Blue Rug Juniper Arcadia Juniper Broadmoor Juniper Buffalo Juniper Calgary Carpet Juniper Pepin Savin Juniper Scandia Juniper Tamarix Juniper Cologreen Juniper Wichita Blue Juniper Blue Star Juniper Skyrocket Juniper Oregon Grape Birds Nest Spruce Dwarf Albert Spruce Mugo Pine Shrubby Swiss Mountain Pine Dense Spreading Yew Nigra Yew Emerald Arborvitae Pygmy Globe Arborvitae Little Giant Arborvitae Pyramidal Arborvitae Techny Globe Arborvitae Woodward Globe Arborvitae 15 | Page Landscape areas that require irrigation should conform to the following: Buried PVC sprinkler system or the utilization of drip irrigation systems; Sprinklers and nozzles selected to provide water to the landscape that are compatible with their respective soils, slopes, exposure, orientation and plant types; Utilization of an automatic control system; and No overthrowing of irrigation water onto public roadways, sidewalks, neighboring homes, or trails is permitted. Section 7.7. Storage Vehicles, etc. All automobile, trailers and boat storage shall be within the side property setback and the garage. Fencing and/or heavy landscaping is required to soften this impact and must be approved by the Architectural Review Committee. Fencing will be the primary consideration. No vehicle, boat or trailer shall be allowed to park overnight in the right of way. Section 7.8. Signs. Other than signs advertising Lots or residences for sale or rent, no sign, billboard or advertising structure of any kind shall be erected, used or maintained on the Property. Signs shall be no larger than 24” square. Section 7.9. Driveways. All driveways shall be concrete from the street to the garage and only one driveway entrance off the street will be permitted for each lot unless otherwise approved by the Architectural Review Committee. Lot owners are responsible to provide 6” concrete thru the sidewalk sections. Section 7.10. Commercial Activity. No profession, business, manufacturing, trade or commercial activity may be conducted on any Lot except home occupations as defined by City ordinance and which do not significantly increase traffic within Stillwater Village. Notwithstanding the foregoing, no Owner shall operate any daycare, pre-school or other child or person care facility on their lot. No rentals shorter than one month will be allowed. Section 7.11. Maintenance. All improvements located on any Lot shall be maintained in the same condition as at the time of initial construction, normal wear and tear excepted. All improvements shall be preserved and of a pleasant appearance by maintaining paint, stain or sealer as needed. If any improvement or landscaping is damaged or destroyed, the Owner shall promptly rebuild, repair and restore the structure to its appearance and condition prior to the casualty. Reconstruction or repair shall be completed within nine months of any casualty that damaged or destroyed the improvement or landscaping. Section 7.12. Fences, Gates, Screening, Hot Tubs, etc. All fences, gates, and screening shall be tan vinyl, a maximum of five feet in height and can extend from the rear property corner to within five feet of the face of the residence or garage. A fence of a maximum of three feet in height can continue to the front property corner. All rear property line fences shall be a maximum of five feet in height. Consideration as to the storage of parking of vehicles, trailers and boats is essential. All above-ground garbage and trash containers, mechanical equipment, and other outdoor maintenance and service facilities must be completely screened from adjacent lots, streets, or common spaces by tan vinyl walls, fences 16 | Page and gates, at least one (1) foot higher than the equipment, but not to exceed five feet in height. The Declarant reserves the right to change the standards for fences. Hot tubs, pools, etc. must be approved by the Architectural Review Committee. Section 7.13. Utilities, Lighting & Solar Panels. All utilities shall be buried underground. There shall be no exterior antennas except for small satellite dishes, which shall be unobtrusive. Exterior lighting shall not be directed at neighboring Lots or impair the neighbors’ use or enjoyment of their Lots. Solar panels shall be mounted on and in profile with roof unless otherwise approved by arch. committee Section 7.14. Pets. 7.14.1 Dog runs and animal pens must be enclosed and approved by the Architectural Review Committee. To protect birds and wildlife, dogs and cats must be accompanied and on a leash at all times and will be expected to be cleaned up after when outside the lot. Plastic baggies work well, but cannot be put in the sewer. 7.14.1. No Owner shall have or keep any dog which barks or whines on regular or continuous basis, or which otherwise creates an ongoing disturbance for any other Owner. Section 7.15. Nuisances. No noxious or offensive activity shall be carried out upon any lot, nor shall anything be done thereon which is or which may become an annoyance or nuisance to other Owners. Section 7.16. Landscape Maintenance and Irrigation. All yards and landscaping shall be maintained and shall not be allowed to become unsightly. Lawns shall be mowed on a regular basis. All weeds, including noxious weeds, shall be eradicated or controlled and all Owners shall fully comply with state and local law regarding the control and eradication of noxious weeds. Undeveloped Lots must be mowed at least twice each year and may not be used as a dumping area for trimmings or grass clippings. Section 7.17. Garbage. No Lot shall be used or maintained as a dump site or storage ground for rubbish, trash, garbage, junk vehicles, equipment or other waste. All garbage and other waste shall be removed as reasonably necessary. Section 7.18. City Imposed Restrictions. All conditions or restrictions imposed by the City of Kalispell or the State of Montana during the subdivision process are hereby incorporated by reference. 17 | Page ARTICLE 8 OWNER’S OBLIGATIONS FOR MAINTENANCE Section 8.1. Owner’s Responsibility for Lot. All maintenance of a Lot and the Improvements located on it will be the sole responsibility of the Owner of the Lot. The Stillwater Village Homeowners Association will, in the discretion of the Board, assume the maintenance responsibilities of such Owner, if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner is not satisfactory. Before assuming the maintenance responsibilities, the Board will notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within 30 days after the mailing of such written notice, then the Stillwater Village Homeowners Association will proceed. The expenses of the maintenance by the Board will be reimbursed to the Stillwater Village Homeowners Association by the Owner within 30 days after the Stillwater Village Homeowners Association notifies the Owner of the amount due, and any sum not reimbursed within that 30 day period will bear interest at the maximum rate permitted under Montana law from the date of the expenditure until payment in full. Section 8.2. Owner’s Negligence. If the need for maintenance, repair or replacement of any portion of the Common Area (including Improvements located on it) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Stillwater Village Homeowners Association for the maintenance, repair or replacement will be a personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the Stillwater Village Homeowners Association within 30 days after the notice to the Owner of the amount owed, then those expenses will bear interest at the maximum rate permitted under Montana law from the date of the advance by the Stillwater Village Homeowners Association until payment by the responsible Owner is paid in full. ARTICLE 9 ASSESSMENTS Section 9.1. Creation of Lien and Personal Obligation for Assessments. Except as otherwise provided by this Declaration, Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, by accepting a deed for a Lot, is deemed to covenant to pay to the Stillwater Village Homeowners Association (1) the Annual Assessments imposed by the Board of Directors as necessary to generally carry out the functions of the Stillwater Village Homeowners Association; (2) Special Assessments for capital improvements and other purposes as stated in this Declaration; and (3) Default Assessments which may be assessed against a Lot pursuant to the Stillwater Village Documents for the Owner’s failure to perform an obligation under the Stillwater Village Documents or because the Stillwater Village Homeowners Association has incurred an expense on behalf of or caused by the Owner under the Stillwater Village Documents. Notwithstanding the ownership of any Lot, the Declarant shall not be obligated to pay any of the Assessments described in this Declaration. 18 | Page All Assessments, together with fines, interest, costs, and reasonable attorney’s (and legal assistants’) fees will be a charge on the land and will be a continuing lien upon the Lot against which each such Assessment is made until paid. Each Assessment, together with fines, interest, costs, and reasonable attorney’s fees and costs, will also be the personal and individual obligation of the Owner of such Lot as of the time the Assessment falls due, and two or more Owners of a Lot will be jointly and severally liable for such obligations. No Owner may exempt himself from liability for any Assessments by abandonment of his Lot or by waiver of the use or enjoyment of the Common Area. Suit to recover a money judgment for unpaid Assessment and related charges as listed above may be maintained without foreclosing or waiving the Assessment lien provided in this Declaration. Section 9.2. Purpose of Assessments. The Assessments levied by the Stillwater Village Homeowners Association will be used exclusively to promote the recreation, health, safety and welfare of the Owners and occupants of the Stillwater Village. Section 9.3. Annual Assessments. 9.3.1. Calculation of Annual Assessments. The Board of Directors will prepare a budget before the close of each fiscal year of the Stillwater Village Homeowners Association. Annual Assessments for Common Expenses will be based upon the estimated net cash flow requirements of The Stillwater Village Homeowners Association to cover items including, without limitation, the cost of routine maintenance, repair and operation of the Common Area; and premiums for insurance coverage as deemed desirable or necessary by the Stillwater Village Homeowners Association; snow removal, landscaping, care of grounds and common lighting within the Common Area; routine renovations within the Common Area; wages; common water and utility charges for the Common Area; legal and accounting fees; expenses and liabilities incurred by the Stillwater Village Homeowners Association under or by reason of this Declaration; payment of any deficit remaining from a previous Assessment period; and the supplementing of the reserve fund for general, routine maintenance, repairs and replacement of improvements within the Common Area on a periodic bases, as needed. 9.3.2. Collection. Annual Assessments will be collected in periodic installments as the Board may determine from time to time; but until the Board directs otherwise, they will be payable annually in advance on the date determined by the Board. The omission or failure of the Stillwater Village Homeowners Association to fix the Annual Assessment period will not be deemed a waiver, modification or release of the Owners from their obligation to pay the same. Section 9.4 Special Assessments. 9.4.1. Determination by Board. The Board of Directors may levy, in any fiscal year, one or more Special Assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, or, after adopting and submitting a 19 | Page revised budget to the Stillwater Village Homeowners Association as may be required to make up any shortfall in the current year’s budget. 9.4.2. Apportionment and Collection of Special Assessments. The Board will apportion Special Assessments among the Lots and collect payment according to the same guidelines as set forth for Annual Assessments in Section 9.3.2. 9.4.3. Notice. Notice of the amount and due dates for such Special Assessments must be sent to each Owner at least 30 days prior to the due date. Section 9.5. Default Assessments. All monetary fines, penalties, interest or other charges or fees (excluding Annual and Special Assessments) levied against an Owner pursuant to the Stillwater Village Documents, or any expense of the Stillwater Village Homeowners Association which is the obligation of an Owner or which is incurred by the Stillwater Village Homeowners Association on behalf of the Owner pursuant to the Stillwater Village Documents, and any expense (including without limitation attorneys’ fees and costs) incurred by the Stillwater Village Homeowners Association as a result of the failure of an Owner to abide by the Stillwater Village Documents, constitutes a Default Assessment, enforceable as provided in his Declaration below. Section 9.6. General Remedies of Stillwater Village Homeowners Association for Nonpayment of Assessment. Any installment of an Annual Assessment, Special Assessment or Default Assessment which is not paid within 30 days after its due date will be delinquent. In the event that an installment of an Annual Assessment or Special Assessment becomes delinquent, or in the event any Default Assessment is established under this Declaration, the Stillwater Village Homeowners Association, in its sole discretion, may take any or all of the following actions: 9.6.1. Assess a late charge for each delinquency at uniform rates set by the Board of Directors from time to time; 9.6.2. Charge interest from the date of delinquency at the maximum rate permitted under Montana law; 9.6.3. Suspend the voting rights of the Owner during any period of delinquency; 9.6.4. Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year will be due and payable at once; 9.6.5. Bring an action at law against any Owner personally obligated to pay the delinquent Assessment charges; 9.6.6. File a lien on the Lot and foreclose as set forth in more detail below. 20 | Page 9.6.7. For a delinquent Assessment related to the provision of utilities, the utility service to the Lot may be suspended after giving the Owner ten days written notice that the service will be suspended unless the delinquent Assessment is paid. The remedies provided under this Declaration will not be exclusive, and the Stillwater Village Homeowners Association may enforce any other remedies to collect delinquent Assessments as may be provided by law. Section 9.7. Assessment Lien. Any Assessment chargeable to a Lot will constitute a lien on the Lot, effective the due date of the Assessment. To evidence the lien, the Stillwater Village Homeowners Association may, but will not be obligated to, prepare a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Stillwater Village Homeowners Association, and the delinquent Assessment amounts then owing. Any such statement will be duly signed and acknowledged by an officer or Director of the Stillwater Village Homeowners Association and will be served upon the Owner of the Lot by mail to the address of the Lot or at such other address as the Stillwater Village Homeowners Association may have in its records for the Owner. At least ten days after the Stillwater Village Homeowners Association mails the statement to the Owner, the Stillwater Village Homeowners Association may record the statement in the office of the Clerk and Recorder of Flathead County, Montana. Thirty days following the mailing of such notice to the Owner, the Stillwater Village Homeowners Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Montana. Section 9.8. Successor’s Liability for Assessment. All successors to the fee simple title of a Lot, except as provided in section 9.9, will be jointly and severally liable with the prior Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs, expenses, and attorney’s and legal assistants’ fees against such Lot without prejudice to any such successor’s right to recover from any prior Owner any amounts paid by such successor. Section 9.9 Exempt Property. The following portions of the Property will be exempt from the Assessments, charges, and liens created under the Declaration: 9.9.1. Any easement of other interest in the Property dedicated and accepted by the City of Kalispell and devoted to public use; 9.9.2. Any Lot owned by Declarant; 9.9.3. All utility lines and easements; and 9.9.4. Common Areas and Parks. Section 9.10. Statement of Status of Assessments. The Stillwater Village Homeowners Association will furnish to an Owner or his designee or to any Mortgagee, within fourteen days of request, a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee or Mortgagee has an interest. 21 | Page Section 9.11. Failure to Assess. The omission or failure of the Board to fix the Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice will not be deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments. In such event, each Owner will continue to pay Annual Assessments on the same bases as for the last year for which an Assessment was made until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively by the Stillwater Village Homeowners Association. ARTICLE 10 PROPERTY RIGHTS OF OWNERS Section 10.1. Owner’s Easements of Access and Enjoyment. Every Owner has a perpetual, non-exclusive easement for ingress, egress and utilities to and from his Lot and for the use and enjoyment of the Common Area, which easement is appurtenant to and will pass with the title to every Lot, subject to the provisions set forth in this Declaration. Section 10.2. Delegation of Use. Any Owner may delegate, in accordance with the Stillwater Village Documents, its rights of access and enjoyment described in Section 10.1 above to its tenants, employees, family, guests or invitees. Section 10.3. Easements of Record and of Use. The property will be subject to all easements shown on any recorded Plat and to any other easements of record or of use as of the date of recordation of this Declaration. ARTICLE 11 SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS Section 11.1. General Provisions. Until the expiration of the Period of Declarant Control, Declarant will have the following Special Declarant Rights: 11.1.1. Completion of Improvements. The right to complete Improvements as indicated on any Plat filed with respect to the Property. 11.1.2. Development Rights. The right to exercise all Development Rights in connection with the development of the Stillwater Village Project, including without limitation the right or combination of rights hereby reserved by Declarant, as follows: (i) the right to create Lots and Common Area on the Property; (ii) the right to subdivide Lots and convert Lots into Common Area on any part of the Proprety; (iii) the right to withdraw real property from Stillwater Village; and/or (iv) the right to annex all or part of the Expansion Property to the Project, in accordance with Article 12. 11.1.3. Sales Activities. The right to maintain sales and management offices, signs advertising Stillwater Village and model residences on the Common Area and on Lots owned by Declarant. 22 | Page 11.1.4. Easements. The right to use easements through the Common Area on the Property for the purpose of making Improvements on the Property. 11.1.5. Association Directors and Offices. The right to appoint any officer or Director of the Stillwater Village Homeowners Association, as provided in this Declaration or the Bylaws. 11.1.6. Order of Exercise of Declarant’s Rights. Declarant makes no representations and gives no assurances regarding the legal description of the boundaries of any phase of the Property or the order or time in which the phases of the Property may be developed or incorporated in to Stillwater Village, or whether or to what extent any of the Property will be developed or incorporated into the Project. Further, the fact that Declarant may exercise one or more of Declarant’s development rights or other Special Declarant Rights on one portion of the Property will not operate to require Declarant to exercise a Development Right or other Special Declarant Right with respect to any other portion of the Property. Section 11.2 Supplemental Provisions Regarding Declarant’s Rights. Without limiting the generality of the foregoing, certain of these Special Declarant rights are explained more fully in this Article below. Further, Declarant reserves the right to amend this Declaration and any Plat in connection with the exercise of any Development Right or any other Special Declarant Right, and Declarant also reserves the additional rights retained for the benefit of Declarant in this Article and in other provisions of this Declaration. Section 11.3. Utility Easements. There is hereby created an easement upon, across, over, in, and under the Common Area, roadways and the areas designated on the final Plat or Plats of Stillwater Village as utility easements for the installation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telephone, electrical, television and other communications systems. By virtue of this easement, it will be expressly permissible and proper for the companies providing utility services to install and maintain necessary equipment on and under the Common Area, the private roadways and the areas designated on the final Plat of Stillwater Village as Utility easements and to affix and maintain utility pipes, wires, circuits, conduits and other equipment under those areas. Any utility company using this easement will use its best efforts to install and maintain the utilities provided for without disturbing the uses of the Owners, the Stillwater Village Homeowners Association and Declarant; will prosecute its installation and maintenance activities as promptly and expeditiously as reasonably possible; and will restore the surface to its original condition as soon as possible after completion of its work. Should any utility company furnishing a service covered by the easement granted above request a specific easement by separate recordable document, either Declarant or the Stillwater Village Homeowners Association will have, and are hereby given, the right and authority to grant such easement upon, across, over, or under any part or all of the Common Area, the private roadways and the areas designated on the final Plat or Plats of Stillwater Village as utility easements without conflicting with the terms of this Declaration. This easement will in no way effect, avoid, extinguish, or modify any other recorded easement on the Property. 23 | Page Section 11.4. Reservation for Expansion and Construction. Declarant hereby reserves for itself and its successors and assigns and for Owners in all future phases of Stillwater Village, a perpetual easement and right-of-way for access over, upon, and across the Property for construction, utilities, drainage, ingress and egress, and for use of the Common Area. The location of these easements and rights-of-way may be made certain by Declarant or the Stillwater Village Homeowners Association by instruments recorded in Flathead County, Montana. Declarant further reserves the right to establish from time to time, by declaration or otherwise, utility, ingress and egress, and other easements over and across the Common Areas, and to create other reservations, exemptions, and exclusions convenient or necessary for the use and operation of any other property Declarant. Section 11.5. Reservation of Easements, Exceptions and Exclusions for Utilities, Infrastructure, and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the Stillwater Village Homeowners Association, acting through the Board of Directors, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Area, for purposes including but not limited to streets, paths, walkways, drainage, recreational areas and parking areas, and to create other reservations, exceptions, and exclusions in the interest of the Owners and the Stillwater Village Homeowners Association. Section 11.6. Maintenance Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the West View Homeowners Association, and any member of the board of Directors and their respective officers, agents, employees, and assigns, upon, across, over, in and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Stillwater Village Homeowners Association is obligated or permitted to perform pursuant to the Stillwater Village Documents. Section 11.7. Drainage Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Stillwater Village Homeowners Association, it officers, agents, employees, successors and assigns to enter upon, across, over, in, and under any portion of the Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property so as to improve the drainage of water. Reasonable efforts will be made to use this easement so as not to disturb the uses of the Owner, the Stillwater Village Homeowners Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work. Section 11.8. Declarant’s Rights Incident to Construction. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under and across the Common Area and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements on the Property or other real property owned by Declarant’ provided, however, 24 | Page that no such rights will be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment or access to an Owner’s Lot by the Owner or his family, tenants, employees, guests or invitees. Section 11.9. Easements Deemed Created. All conveyances of Lots hereafter made, whether by Declarant or otherwise, will be construed to grant and reserve the easements contained in this Article, even though no specific reference to such easements or to this Article appears in the instrument for such conveyance. ARTICLE 12 EXPANSION AND WITHDRAWAL Section 12.1. Reservation of Right to Expand. Declarant reserves the right, but will not be obligated, to expand the effect of this Declaration to include all or part of the Expansion Property. The consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded. Section 12.2. Completion of Expansion. When Declarant has determined that no further property shall be added to the Project, Declarant shall notify the Stillwater Village Homeowners Association in writing. Until such notice is given, Declarant retains the right to designate additional property as Expansion Property. Section 12.3. Declaration of Annexation. Any expansion of the Project may be accomplished by recording a Declaration of Annexation and one or more supplemental Plats in the records of the Clerk and Recorder of Flathead County, Montana, before the expiration of the Period of Declarant Control. The Declaration of Annexation will describe the real property to be expanded, submitting it to these Covenants and provide for voting rights and Assessment allocations as provided in this Declaration. Specifically, each new Lot in the annexed area will be allocated one vote and liability for the Common Expenses equal to the liability allocated to each of the other Lots, and the proportionate voting interest and allocation of Common Expenses for the other Lots will be adjusted accordingly. Such Declaration of Annexation will not require the consent of Owners, the Stillwater Village Homeowners Association, or the Board of Directors; any such expansion will be effective upon the filing for record of such Declaration of Annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Upon the recordation of any such Declaration of Annexation, the definitions used in this Declaration will be expanded automatically to encompass and refer to Stillwater Village as expanded. Such Declaration of Annexation may add supplemental covenants peculiar to the Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Property added. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided below for amendment. 25 | Page ARTICLE 13 INSURANCE Section 13.1. Authority to Purchase. All insurance policies relating to the Common Area will be purchased by the Board of Directors or its duly authorized agent. The Board of Directors and the Declarant will not be liable for failure to obtain any coverage required by this Article or for any loss or damage resulting from such failure if such failure is due to the unavailability of such coverage from reputable insurance companies, or if such coverage is available only at demonstrably unreasonable costs. Section 13.2. General Insurance Provisions. All such insurance coverage obtained by the Board of Directors will be governed by the following provisions: 13.2.1. As long as Declarant owns any Lot, Declarant will be protected by all such policies in the same manner as any other Owner. 13.2.2. The deductible, if any, on any insurance policy purchased by the Board of Directors may be treated as a Common Expense payable from Annual Assessments or Special Assessments (allocable to all of the Lots or to only some of the Lots, if the claims for damages arise from the negligence of particular Owners, or if the repairs benefit only particular Owners), or as an item to be paid from working capital reserves established by the Board of Directors. Section 13.3. Physical Damage Insurance on Common Area. The Stillwater Village Homeowners Association will obtain insurance for such insurable Improvements and with such coverages, limits, deductibles and other terms and conditions as the Board may determine from time to time. Section 13.4. Liability Insurance. The Stillwater Village Homeowners Association may obtain a comprehensive policy of public liability insurance and property damage insurance with such coverage and limits as the Board of Directors may from time to time determine, insuring each member of the Board of Directors, the Stillwater Village Homeowners Association, and the respective employees, agents, and all persons acting as agents against any liability to the public or the Owners (and their guests, invitees, tenants, agents and employees) arising in connection with the ownership, operation, maintenance or use of the Common Area and streets and roads within Stillwater Village and any other areas under the control of the Stillwater Village Homeowners Association. Declarant will be included in the coverage as an additional insured in Declarant’s capacity as an Owner or Director. 26 | Page ARTICLE 14 ENFORCEMENT OF COVENANTS Section 14.1. Violations Deemed a Nuisance. Every violation of this Declaration or any other violation of the Stillwater Village Documents is deemed to be a nuisance and is subject to all the remedies provided for the abatement of the violation. In addition, all public and private remedies allowed at law or equity against anyone in violation of these Covenants will be available. Section 14.2. Compliance. Each Owner or other occupant of any part of the Property will comply with the provisions of the Stillwater Village Documents as the same may be amended from time to time. Section 14.3. Failure to Comply. Failure to comply with the Stillwater Village Documents will be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. Reasonable notice and an opportunity for a hearing as provided in the Bylaws will be given to the delinquent party prior to commencing any legal proceedings. Section 14.4. Who May Enforce. Any action to enforce the Stillwater Village Documents may be brought by Declarant or the Board in the name of the Stillwater Village Homeowners Association on behalf of the Owners. If, after a written request from an aggrieved Owner, none of the foregoing persons or entities commences an action to enforce the Stillwater Village Documents, then the aggrieved Owner may bring such an action. Section 14.5. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive. Section 14.6. No Waiver. The failure of the Board of Directors, Declarant, or any aggrieved Owner to enforce the Stillwater Village Documents in any one or more instances will not be deemed a waiver of the right to do so for any subsequent violations or of the right to enforce any other part of the Stillwater Village Documents at any future time. Section 14.7. No Liability. No member of the Board of Directors, the Declarant or any Owner will be liable to any other Owner for the failure to enforce any of the Stillwater Village Documents at any time. Section 14.8. Recovery of Costs. If legal assistance is obtained to enforce any of the provisions of the Stillwater Village Documents, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of the Stillwater Village Documents or the restraint of violations of the Stillwater Village Documents, the prevailing party will be entitled to recover all costs incurred by it in such action, including reasonable attorneys’ fees (and legal assistant’s fees) and costs as may be incurred, or if suit is brought, as may be determined by the court. 27 | Page ARTICLE 15 RESOLUTION OF DISPUTES If any dispute or question arises between Members or between Members and Stillwater Village Homeowners Association or relating to the interpretation, performance or nonperformance, violation, or enforcement of the Stillwater Village Documents, such dispute or violation may be subject to a hearing and determination by the Board in accordance with the procedures set forth in the Bylaws. ARTICLE 16 DURATION OF THESE COVENANTS AND AMENDMENT Section 16.1. Term. This Declaration and any amendments or supplements hereto will remain in effect from the date of recordation until the 30th anniversary of the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter these Covenants will be automatically extended for five successive periods of 10 years each, unless otherwise terminated or modified as provided below. Section 16.2. Amendment. Subject to Section 16.3 this Declaration, or any provision of it, may be terminated, extended, modified or amended, or revoked as to the whole or any portion of the Property as follows: 16.2.1. Prior to Sale of Lots. Prior to the sale of any Lot, the Declarant (including a Successor Declarant) may terminate, extend, modify, amend or revoke this Declaration as to the whole or any portion of the Property by recording in the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. 16.2.2. After Sale of Lots but During Period of Declarant Control. After the sale of a Lot but before expiration of the Period of Declarant Control, Declarant (including any Successor Declarant) may terminate, extend, modify, amend or revoke this Declaration as to the whole or any portion of the Property. A copy of the document stating the action intended to be taken by the Declarant and a notice of the Owners’ rights under this Section shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner on the records of the Stillwater Village Homeowners Association. Unless written objection is received by the Declarant from the Owners holding ninety percent (90%) of the Owners objected to the action. 16.2.3. After the Period of Declarant Control. After the Period of Declarant Control, this Declaration, or any provision of it, may be terminated, extended, modified or amended, or revoked as to the whole or any portion of the Property upon the written consent of Owners holding 67% or more of the votes in the Stillwater Village Homeowners Association. Any document will be immediately effective upon recording in the records of Flathead County, Montana, a copy of such executed and acknowledged by the necessary number of Owners, or alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of 28 | Page the Stillwater Village Homeowners Association stating that the required number of consents of Owners were obtained. Section 16.3. Declarant’s Approval. Notwithstanding the provisions of Section 16.2, no termination, extension, modification or amendment of this Declaration will be effective in any event during the Period of Declarant Control unless the written approval of Declarant is first obtained. Section 16.4. Effect of Amendments. Amendments made pursuant to this Section will inure to the benefit of and be binding upon all Owners, their families, guests, invitees and employees, and their respective heirs, successors, and assigns. Joiner of the First Mortgagees shall not be required in order to effect an amendment. ARTICLE 17 MISCELLANEOUS PROVISIONS Section 17.1. Severability. This Declaration, to the extent possible, will be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof. Section 17.2. Construction. In interpreting words in this Declaration, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gender will include all genders. Section 17.3. Headings. The headings are included only for purposes of convenient reference, and they will not affect the meaning or interpretation of this Declaration. Section 17.4. Waiver. No failure on the part of the Stillwater Village Homeowners Association or the Board to give notice or default or to exercise or to delay in exercising any right or remedy will operate as a waiver, except as specifically provided above in the event the Board fails to respond to certain requests. No waiver will be effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the Stillwater Village Homeowners Association. Section 17.5. Limitation of Liability. Neither the Declarant, the Stillwater Village Homeowners Association nor any partner, officer or member of either the Declarant or the Board will be liable to any party for any action or for any failure to act with respect to any matter arising by, through or under the Stillwater Village Documents if the action or failure was made in good faith. The Stillwater Village Homeowners Association will indemnify all of the officers and Board members with respect to any act taken in their official capacity to the extent provided in this Declaration and by law and in the Articles of Incorporation and Bylaws. Section 17.6. Conflicts Between Documents. In case of conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration will control. In 29 | Page case of conflict between the Articles of Incorporation and the Bylaws, the Articles of Incorporation will control. Section 17.7. Assignment. Declarant may assign all or any part of the Special Declarant Rights or any of Declarant’s other rights and reservations hereunder to any successor who takes title to all or part of the Property in a bulk purchase for the purpose of development and sale. Such successor will be identified, the particular rights being assigned will be specified, and, to the extent required, concomitant obligations will be expressly assumed by such successor, all in a written instrument duly recorded in the records of the Clerk and Recorder of Flathead County, Montana. IN WITNESS WHEREOF, Declarant has signed this Declaration on the Date shown above. ______________________________________________ By: Owl Corporation, Mark G. Owens, Secretary/Treasurer STATE OF MONTANA ) :ss County of Flathead ) This instrument was acknowledged before me on this 27th day of November 2019, as the true and free act of Owl Corporation, by Mark G. Owens, the Secretary/Treasurer of Owl Corporation, in accordance with the Articles of Incorporation of Owl Corporation, filed with the State of Montana. ______________________________________________ Taelor Reitzel Notary Public for the State of Montana Residing at Kalispell, Montana My commission expires: May 19, 2023 2 Village Loop Kalispell Montana 59901 406.755.6481 Phasing Plan Phase 1 Consists of 29 lots and sublots with access out through Silverbrook Estates. Develop sewer, water to support the phase and the drainage system will be developed out to the park area. The parkland for all eight phases will be dedicated with Phase 1. Phase 2 Consists of 35 lots and sublots. Develop the loop road and extend the road system out to Highway 93. The portion of road from Phase 7 to Highway 93 will be developed to a rural cross section similar to the Rose Crossing extension. Sewer, water and stormwater extensions will be developed to support the phase. Phase 3 Consists of 18 lots and sublots. Develop the loop road system for this phase. Sewer, water and stormwater extensions will be developed to support the phase. Phase 4 Consists of 21 lots and sublots. Develop the loop road system for this phase. Sewer, water and stormwater extensions will be developed to support the phase. Phase 5 Consists of 18 lots and sublots. Develop the loop road system for this phase. Sewer, water and stormwater extensions will be developed to support the phase. Phase 6 Consists of 21 lots and sublots. Develop the loop road system for this phase. Sewer, water and stormwater extensions will be developed to support the phase. Phase 7 Consists of 18 lots and sublots. Develop the loop road system for this phase. Sewer, water and stormwater extensions will be developed to support the phase. Phase 8 Consists of 21 lots and sublots. Develop the loop road system for this phase. Sewer, water and stormwater extensions will be developed to support the phase. Tract 5 (COS 15896) 93 & Church LLC (D.E. 507/840) (Rodney F. & Jimmie A. McLean) Parcel "C" (COS 15559) Laurino FamilyLiving Trust) Parcel "A" (COS 15559) (Laurino Family Living Trust) (COS 3606) (D.E. 506/950) (D.E. 506/950) Water Elev. 2967.25(5/20/2009) 0+ 0 0 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 13 + 0 0 14 + 0 0 15 + 0 0 16 + 0 0 17 + 0 0 18 + 0 0 19 + 0 0 20 + 0 0 21 + 0 0 22 + 0 0 23 + 0 0 24 + 0 0 25 + 0 0 26 + 0 0 27 + 0 0 27 + 6 7 . 4 4 0+ 5 0 1+ 5 0 2+ 5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 12 + 5 0 13 + 5 0 14 + 5 0 15 + 5 0 16 + 5 0 17 + 5 0 18 + 5 0 19 + 5 0 20 + 5 0 21 + 5 0 22 + 5 0 23 + 5 0 24 + 5 0 25 + 5 0 26 + 5 0 27 + 5 0 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 15+6 3 . 4 0 0+50 1+50 2+50 3+50 4+50 5+50 6+50 7+50 8+50 9+50 10+50 11+50 12+50 13+50 14+50 15+5 0 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 12+14.30 0+50 1+50 2+50 3+50 4+50 5+50 6+50 7+50 8+50 9+50 10+50 11+50 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 11+79.24 0+50 1+50 2+50 3+50 4+50 5+50 6+50 7+50 8+50 9+50 10+50 11+50 0+ 0 0 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 12 + 1 4 . 8 0 0+ 5 0 1+ 5 0 2+ 5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 0+ 0 0 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 13 + 0 0 13 + 9 8 . 7 3 0+ 5 0 1+ 5 0 2+ 5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 12 + 5 0 13 + 5 0 0+ 0 0 1+ 0 0 2+ 0 0 3+0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 12 + 0 8 . 0 3 0+ 5 0 1+ 5 0 2+5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 0+ 0 0 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10 + 0 0 11 + 0 0 12 + 0 0 13 + 0 0 13 + 9 6 . 6 3 0+ 5 0 1+ 5 0 2+ 5 0 3+ 5 0 4+ 5 0 5+ 5 0 6+ 5 0 7+ 5 0 8+ 5 0 9+ 5 0 10 + 5 0 11 + 5 0 12 + 5 0 13 + 5 0 Re s e r v e d A r e a B f o r F u t u r e P h a s e Re s e r v e d A r e a A f o r F u t u r e P h a s e UG Pwr UG Pwr Elec. Utility Lid Elec. Utility Lid Water Meter Catch Basin Catch Basin Weather Station Tel. PedFiber Optics Transformer Stand Pipe Rim Elev: 3007.45'Inv: 2986.43' Rim Elev: 3007.15'Inv: 2985.63' Rim Elev: 3011.43'Inv: 2996.21' Rim Elev: 3011.63'Inv: 2998.21' Rim Elev: 3011.93'Inv: 3002.77' Rim Elev: 3014.29'NE Inv: couldn't meas.SE Inv: 3006.86'SW Inv: 3010.79'NW Inv: 3006.84' Rim @ EP: 3014.0'Inv: 3011.2'± Rim: 3011.82'(could not meas. inverts) Rim Elev: 3011.74'NE Inv: 3006.94'SW Inv: could not meas. UG Pwr UG Pwr Elec. Utility Lid Elec. Utility Lid Water Meter Catch Basin Catch Basin Weather Station Tel. PedFiber Optics Transformer Stand Pipe Rim Elev: 3007.45'Inv: 2986.43' Rim Elev: 3007.15'Inv: 2985.63' Rim Elev: 3017.88'Inv: 2998.73' Rim Elev: 3011.43'Inv: 2996.21' Rim Elev: 3011.63'Inv: 2998.21' Rim Elev: 3011.93'Inv: 3002.77' Rim Elev: 3014.29'NE Inv: couldn't meas.SE Inv: 3006.86'SW Inv: 3010.79'NW Inv: 3006.84' Rim @ EP: 3014.0'Inv: 3011.2'± Rim: 3011.82'(could not meas. inverts) Rim Elev: 3011.74'NE Inv: 3006.94'SW Inv: could not meas. UG Pwr Anch. Wire Transformers Boulder 113 114 115 116 117 118 119 120 121 122 123 124 Re s e r v e d A r e a B f o r F u t u r e P h a s e Re s e r v e d A r e a A f o r F u t u r e P h a s e 1 3 4 5A 5B 6A 6B 7A 7B 8A 8B 9A 9B 10 A 10 B 11 A 11 B 12 A 12 B 13 A 13 B 14 15 162 17 18 19 20 A 20 B 21 A 21 B 22 A 22 B 23 24 25 26 A 26 B 27 A 27 B 28 A 28 B 29 A 29 B 30 A 30 B 31 A 31 B 37 B 37 A 36 B 36 A 35 B 35 A 32 33 34 403938 41 42 43 47 48 49 44 A 44 B 45 A 45 B 46 A 46 B 50 A 50 B 51 A 51 B 52 A 52 B 53 A 53 B 54 A 54 B 55 A 55 B 59 A 59 B 60 A 60 B 61 A 61 B 56 57 58 62 63 64 68 69 70 74 75 76 65 A 71 A 65 B 71 B 66 A 72 A 66 B 72 B 67 A 73 A 67 B 73 B 77 78 79 83 84 85 80 A 86 A 80 B 86 B 81 A 87 A 81 B 87 B 82 A 88 A 82 B 88 B 89 A 95 A 89 B 95 B 90 A 96 A 90 B 96 B 91 A 97 A 91 B 97 B 92 93 94 98 99 100 101 102 103 109108107 10 4 A 11 0 A 10 4 B 11 0 B 10 5 A 11 1 A 10 5 B 11 1 B 10 6 A 11 2 A 10 6 B 11 2 B Ma i l b o x San ManholeSan Manhole UG Pwr UG Pwr Elec. Utility Lid Elec. Utility Lid UG Pwr Anch. Wire Water Meter Catch Basin Catch Basin Weather Station Tel. PedFiber Optics Transformer Stand Pipe 18" C M P Transformers Boulder Rim Elev: 3007.45'Inv: 2986.43' Rim Elev: 3007.15'Inv: 2985.63' Rim Elev: 3017.88'Inv: 2998.73' Rim Elev: 3011.43'Inv: 2996.21' Rim Elev: 3011.63'Inv: 2998.21' Rim Elev: 3011.93'Inv: 3002.77'Rim Elev: 3015.88'Inv: 3005.41' Rim Elev: 3014.29'NE Inv: couldn't meas.SE Inv: 3006.86'SW Inv: 3010.79'NW Inv: 3006.84' Rim @ EP: 3014.0'Inv: 3011.2'± Rim: 3011.82'(could not meas. inverts) Rim Elev: 3011.74'NE Inv: 3006.94'SW Inv: could not meas. Pr o j e c t T i t l e Sh e e t T i t l e Date Project Number Drawn byChecked by (4 0 6 ) 2 5 7 - 6 2 0 2 Ka l i s p e l l , M o n t a n a 5 9 9 0 1 19 9 5 T h i r d A v e n u e E a s t Co n s u l t i n g E n g i n e e r s CA R V E R E N G I N E E R I N G Revision(s) GEN-1 Feet 0 100 200 ROAD A RO A D B ST I L L W A T E R V I L L A G E PH A S I N G P L A N TLMTC AUGUST 18, 2022 70100 12 34 56 78 RO A D C RO A D D ROAD A ROAD E ROAD F ROAD G ROAD H ROAD E ROAD F ROAD G ROAD H RO A D B RO A D B RO A D C RO A D C RO A D D RO A D D D: \ D a t a \ D W G \ 7 0 1 0 0 S T I L L W A T E R V I L L A G E M A R C H 2 0 2 2 E X P L O D E D C O N T O U R S . d w g , G E N - 1 , 8 / 1 8 / 2 0 2 2 2 : 2 3 : 1 3 P M National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOODHAZARD AREAS Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREENArea of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below.The basemap shown complies with FEMA's basemapaccuracy standards The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 8/18/2022 at 5:20 PM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximatepoint selected by the user and does not representan authoritative property location. 1:6,000 114°20'40"W 48°16'28"N 114°20'2"W 48°16'4"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Centerline of dirt road Paved surface Power trans. Building Shed Building CM P In v e r t = 3 0 3 2 . 0 CMP Invert = 3032.2 Centerline of dirt road Paved approach Ed g e o f p a v e m e n t Ro a d A p p r o a c h fo r P r o p e r t y City Street (varying width from 60' to 67') 60' City Street GRUMPY OWL WAY 60' City Street 60 ' C i t y S t r e e t 60 ' C i t y S t r e e t 72 ' C i t y S t r e e t 113 114 115 116 117 118 119 120 121 122 123 124 Re s e r v e d A r e a B f o r F u t u r e P h a s e 72' Proposed 20' Utility Easement 1 3 4 5A 5B 6A 6B 7A 7B 8A 8B 9A 9B 10 A 10 B 11 A 11 B 12 A 12 B 13 A 13 B 14 15 162 17 18 19 20 A 20 B 21 A 21 B 22 A 22 B 23 24 25 26 A 26 B 27 A 27 B 28 A 28 B 29 A 29 B 30 A 30 B 31 A 31 B 37 B 37 A 36 B 36 A 35 B 35 A 32 33 34 403938 41 42 43 47 48 49 44 A 44 B 45 A 45 B 46 A 46 B 50 A 50 B 51 A 51 B 52 A 52 B 53 A 53 B 54 A 54 B 55 A 55 B 59 A 59 B 60 A 60 B 61 A 61 B 56 57 58 62 63 64 68 69 70 74 75 76 65 A 71 A 65 B 71 B 66 A 72 A 66 B 72 B 67 A 73 A 67 B 73 B 77 78 79 83 84 85 80 A 86 A 80 B 86 B 81 A 87 A 81 B 87 B 82 A 88 A 82 B 88 B 89 A 95 A 89 B 95 B 90 A 96 A 90 B 96 B 91 A 97 A 91 B 97 B 92 93 94 98 99 100 101 102 103 109108107 10 4 A 11 0 A 10 4 B 11 0 B 10 5 A 11 1 A 10 5 B 11 1 B 10 6 A 11 2 A 10 6 B 11 2 B Proposed 72' Road & Utility Easement Re s e r v e d A r e a A f o r F u t u r e P h a s e Easement A Trail & Utility Easement 0.310 Ac. 60' City Street 60' City Street FR I E N D L Y O W L L A N E DA N C I N G O W L L A N E WHISPERING OWL TRAIL SP O O K Y O W L L A N E Contour Interval = 1 foot Notes: Preliminary Plat of: STILLWATER VILLAGE Located in SW1/4SE1/4 & SE1/4SW1/4 SEC. 13, & N1/2NE1/4 & NE1/4NW1/4 SEC. 24, T.29N., R.22W., P.M.,M., City of Kalispell, Flathead County, Montana By: JOB NO: DATE: (406) 755-6481 2 Village Loop FOR/OWNERS: Kalispell, MT 59901 SANDS SURVEYING, Inc.SANDS SURVEYING, Inc. APRIL 19, 2022 235409 FLATHEAD VILLAGE GREENS LLC 200'100'050' SCALE : 1" = 100' 100' Total Area: Lots (181): 67 Single Family, 114 Townhome Roads: Mailbox & Easement Areas: Future Development Areas: Easement A Park 67.177 Ac. 29.924 Ac. 15.729 Ac. 0.080 Ac. 1.436 Ac. 0.308 Ac. 19.700 Ac. LOT 1 2 3 4 5A 5B 6A 6B 7A 7B 8A 8B 9A 9B 10A 10B 11A 11B 12A 12B 13A 13B 14 15 16 17 18 19 20A 20B 21A 21B 22A 22B 23 24 25 26A 26B 27A 27B 28A 28B 29A 29B 30A 30B 31A 31B 32 33 34 35A 35B 36A 36B 37A 37B 38 39 40 41 42 43 44A 44B 45A 45B 46A 46B 47 48 49 50A 50B 51A 51B 52A 52B 53A 53B 54A 54B 55A 55B ACRES 0.198 0.194 0.194 0.194 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.116 0.194 0.194 0.232 0.219 0.222 0.230 0.133 0.136 0.138 0.141 0.144 0.183 0.246 0.193 0.199 0.124 0.136 0.146 0.150 0.151 0.187 0.170 0.143 0.147 0.148 0.146 0.138 0.219 0.201 0.255 0.166 0.134 0.132 0.131 0.129 0.127 0.223 0.218 0.265 0.261 0.214 0.214 0.121 0.121 0.121 0.121 0.121 0.154 0.264 0.218 0.217 0.122 0.122 0.122 0.122 0.122 0.154 0.172 0.127 0.126 0.125 0.125 0.124 Contours are from 2009 Flathead Basin Mapping Project LOT 56 57 58 59A 59B 60A 60B 61A 61B 62 63 64 65A 65B 66A 66B 67A 67B 68 69 70 71A 71B 72A 72B 73A 73B 74 75 76 77 78 79 80A 80B 81A 81B 82A 82B 83 84 85 86A 86B 87A 87B 88A 88B 89A 89B 90A 90B 91A 91B 92 93 94 95A 95B 96A 96B 97A 97B 98 99 100 101 102 103 104A 104B 105A 105B 106A 106B 107 108 109 110A 110B 111A 111B 112A 112B ACRES 0.218 0.216 0.253 0.174 0.129 0.128 0.127 0.126 0.125 0.220 0.217 0.254 0.157 0.123 0.122 0.122 0.121 0.120 0.212 0.210 0.247 0.165 0.125 0.126 0.126 0.127 0.128 0.226 0.216 0.247 0.284 0.219 0.218 0.122 0.123 0.126 0.130 0.133 0.165 0.292 0.223 0.224 0.127 0.128 0.129 0.130 0.132 0.164 0.140 0.107 0.107 0.108 0.108 0.108 0.196 0.203 0.273 0.144 0.106 0.106 0.106 0.106 0.108 0.193 0.197 0.270 0.295 0.234 0.234 0.132 0.133 0.134 0.134 0.133 0.201 0.302 0.233 0.232 0.129 0.125 0.123 0.124 0.127 0.199 LOT 113 114 115 116 117 118 119 120 121 122 123 124 TOTAL ACRES 0.262 0.192 0.191 0.189 0.188 0.260 0.227 0.184 0.184 0.184 0.184 0.226 29.924 REVISED:FEBRUARY 9, 2023 OWL CORPORATION Water, power and telephone utilities Paved road Paved golf cart path Tee boxes S t i l l w a t e r R i v e r Pond Pond Pond Ponds Tree line Paved road Water utility Water utility Centerline of dirt road Barn Wetlands #2 Wetlands #3 Wetlands #4 Wetlands #5Wetlands #5 Brush Drainage Power Trans & Tel. Ped. Drainage Power pole & meter Golf Course Fairway Golf Course Green Building CM P Centerline of dirt road Paved approach Light pole, power meter & transformer Wild Pine Drive Bush Tract "A" - Golf Course (Northern Pines Community) (Northern Pines LLC) Wetlands #1 (no access to subject property) (60' Private Road & Utility Easement) Ro a d A p p r o a c h fo r P r o p e r t y City Street (varying width from 60' to 67') 60' City Street 123 124 Re s e r v e d A r e a B f o r F u t u r e P h a s e 53 A 53 B 54 A 54 B 55 A 55 B 59 A 59 B 60 A 60 B 61 A 61 B 56 57 58 62 63 64 101 102 103 109108107 10 4 A 11 0 A 10 4 B 11 0 B 10 5 A 11 1 A 10 5 B 11 1 B 10 6 A 11 2 A 10 6 B 11 2 B PARK 19.700 AC. Easement A Trail & Utility Easement 0.310 Ac. WHISPERING OWL TRAIL Contour Interval = 1 foot Notes: Preliminary Plat of: STILLWATER VILLAGE Located in SW1/4SE1/4 & SE1/4SW1/4 SEC. 13, & N1/2NE1/4 & NE1/4NW1/4 SEC. 24, T.29N., R.22W., P.M.,M., City of Kalispell, Flathead County, Montana By: JOB NO: DATE: (406) 755-6481 2 Village Loop FOR/OWNERS: Kalispell, MT 59901 SANDS SURVEYING, Inc.SANDS SURVEYING, Inc. APRIL 19, 2022 235409 FLATHEAD VILLAGE GREENS LLC 200'100'050' SCALE : 1" = 100' 100' Contours are from 2009 Flathead Basin Mapping Project REVISED:FEBRUARY 9, 2023 OWL CORPORATION 200' Setback from Edge of River (water's edge located June 2006) 100' Setback from Edge of River (water's edge located June 2006) Water's Edge located June 2006 100' Setback from Wetland Area 50' Setback from Wetland Area ACREAGES: Hatched Area between Setbacks 9.441 Ac. (Total) 3.798 Ac. (North) 5.643 Ac. (South - to be included in Stillwater Village) Area from High Water to 200' Setback 25.988 Ac. Approximate 100 Year Floodplain per FEMA Flood Map 517.7' 181 Units x 0.03 Ac/Unit = 5.43 Ac required for Park 9.441 Ac. (25.988 Ac from high water) provided in Park/Open Space for this subdivision. Line delineating North area from South area EXHIBIT of: PARKLAND FOR STILLWATER VILLAGE Located in SW1/4SE1/4 & SE1/4SW1/4 SEC. 13, & N1/2NE1/4 & NE1/4NW1/4 SEC. 24, T.29N., R.22W., P.M.,M., City of Kalispell, Flathead County, Montana By: JOB NO: DATE: (406) 755-6481 2 Village Loop FOR/OWNERS: Kalispell, MT 59901 SANDS SURVEYING, Inc. AUGUST 16, 2022 (Revised February 9, 2023) 235409 FLATHEAD VILLAGE GREENS LLC 600'300'0150' SCALE : 1" = 300' 300' OWL CORPORATION Church Dr Harvest View L n Church D r Stil l wa ter R d Stil l w a t e r R d Jossie L n Roundup L n Church Dr L a z y Cr e e k W a y S i l v e r b r o ok D r SwedeTrl Hagerman L n Tronstad R d Highl an d D r US -9 3 N Wild Pine Dr Rose Xing US - 9 3 N US H i g h w a y 9 3 N Northern Pines Golf Club Tronstad R d Po n der osaLn Si r u cek Ln Ro se Xing Je f f e r s o n B lv d R-3Residential with Pud B-2 General Business with Pud R-3Residentialwith Pud P-1 Public R-2 Residential with Pud B-1 NeighborhoodBusiness with Pud RA-1 ResidentialApartment with Pud R-4/PUD Residentialwith Pud R-3 Residential B-1Neighborhood Business B-2 GeneralBusiness with Pud RA-2 ResidentialApartment/Officewith Pud RA-2 Residential Apartment/Officewith Pud RA-2 ResidentialApartment/Officewith Pud R-2 Residential Subject Parcel 0 950 1900 2850475Feet Data Sources: Montana Cadastral, Flathead County GIS. City of Kalispell GIS, Austin Bachurski - 02/14/2023 ¯ Subject Parcel B-1 Neighborhood Business B-1 Neighborhood Business w/ PUD B-2 General Business w/PUD P-1 Public R-2 Residential R-2 Residential w/ PUD R-3 Residential R-3 Residential w/PUD R-4 Residential w/PUD RA-1 Residential Apartment w/PUD RA-2 Residential Apartment w/PUD Basemap: Esri Community Maps, ArcGIS.com Kalispell Zoning Stillwater Village Sti l l wa t e r Rd St i l l w a t e r R d Jossie L n Roundup L n La z y C r e e k W a y S il v e r b r o ok D r SwedeTrl Hagerman L n Tronstad R d Highl an d D r US -9 3 N Wild Pine Dr Rose X i n g US - 9 3 N US H i g h w ay 9 3 N Northern Pines Golf Club Casc a de Loop Pond e rosaLn Je f f e r s o n B l v d INDUSTRIAL GRAVEL PIT SUBURBAN RESIDENTIAL SUBURBAN RESIDENTIAL SUBURBAN RESIDENTIAL GOVERNMENT FACILITY URBAN MIXED USE URBANMIXEDUSE URBAN MIXED USE Subject Parcel 0 830 1660 2490415Feet Kalispell Growth Policy Stillwater Village Data Sources: Montana Cadastral, Flathead County GIS. City of Kalispell GIS, Austin Bachurski - 02/14/2023 ¯ Subject Parcel Industrial Urban Mixed Use Suburban Residential Government Facility Basemap: Esri Community Maps, ArcGIS.com Church D r H a r vest ViewLn Sti l lwa t e r R d Church Dr St il l w a t e r R d Clark Dr Jossie Ln Roundup Ln Church Dr S il v e r b r o ok D r SwedeTr lL a z y Cre e k W ay Highla n d Dr Hagerman Ln Tronstad Rd US - 9 3 N Wild Pine Dr Rose Xing US-93 N US Hig hway 9 3 N Northern Pines Golf Club Nob Hill Loop Casca d e Loop Tronstad Rd Si r u cek L n Po n de r os a Ln Rose XingJe f f e rs o n B l v d Nob Hill L o o p 0 1000 2000 3000500Feet Kalispell Mailing List Stillwater Village Data Sources: Montana Cadastral, Flathead County GIS. City of Kalispell GIS, Austin Bachurski - 02/14/2023 ¯ Subject Parcel Mailing List Parcels Other Parcels Basemap: Esri Community Maps, ArcGIS.com 1 Kirstin Robinson From:PJ Sorensen Sent:Monday, January 9, 2023 1:45 PM To:Kirstin Robinson; Jarod Nygren Cc:Kari Barnhart Subject:RE: EXTERNAL Re: Files #KPP-22-07 and KZC-22-05 Heather‐ Thank you for getting in touch with us. Per the applicant’s request at the end of last week, the hearing will wind up being bumped to March 14 at 6:00 pm here at City Hall (201 1st Ave E) while they work on some issues related to the traffic impact study and realigning some utilities. I would be happy to add you to the list if you would like us to add the HOA to the list in this situation. The reason that notices were not sent out to you was two‐fold. First, there are two separate petitions that were submitted. One was for the subdivision, which is on a specific parcel on the northern portion of the overall property only, and the other petition was a rezone of the property as a whole. The subdivision, which falls under the MCA section you referenced, is well over 150 feet away from the common property line between you and the applicant. 150 feet is the distance that would require a notice. In regard to the rezone, a notice was sent to the golf course as an adjoining owner, but we do not send notices to adjoining rights‐of‐way or to everyone that may have a proportional interest; the location of the owner’s lot is the key. As I said, if you provide me with an address, I will add the HOA on to the list so you will get any future notices. Also, if you wanted to meet to discuss aspects of the development or how the process works moving forward, we can certainly get together and talk it over with you. From: Heather McDonald <hmmcdonald@outlook.com> Sent: Saturday, January 7, 2023 9:07 PM To: Kirstin Robinson <krobinson@kalispell.com> Subject: EXTERNAL Re: Files #KPP‐22‐07 and KZC‐22‐05 [NOTICE: This message includes an attachment ‐‐ DO NOT CLICK on links or open attachments unless you know the content is safe.] I’d like to correct the MCA reference below: it is MCA 76‐3‐605 (not 4.0.14). Sent from my iPhone On Jan 6, 2023, at 13:43, Heather McDonald <hmmcdonald@outlook.com> wrote: 2 Hello, My name is Heather McDonald and I am president of the Northern Pines Community Owners Association. Our community is directly south of the land referenced in the above files which are included in the agenda for the January 10, 2023 Planning Board and Zoning Commission meeting. I have just become aware of this meeting. On behalf of our community, I respectfully request a postponement of this agenda item because no one in our community has been provided a certified notice of this meeting as required by MCA 4.0.14 despite the fact that our property is within 150 feet of the subject property. Each of our lot owners are entitled the requisite time to adequately read, digest, and analyze the over 200 pages of documents associated with these files on the subject property and then prepare comments. Here is the support that every lot owner in Northern Pines should have been given notice. Attached is a copy of our plat. Despite the fact that the County GIS does not show an “owner” of Wild Pine Drive, it is in fact fractionally owned by each lot in Northern Pines (see the “Area Table” on the plat which shows each lot is assigned a fraction of both the common area and the road area). Also note on the plat that Wild Pine Drive is within 150 feet of the subject property on the Planning Board and Zoning Commission agenda. Wild Pine drive is not owned by the City of Kalispell nor owned by Northern Pines Development LLC, the owner of the Northern Pines golf course. To support this statement, attached is the Quitclaim Deed from Northern Pines Development LLC in which it assigned the right, title and interest in the “Common Area” (as defined in the Northern Pines CC&R’s) and provides to Northern Pines Development LLC non‐ exclusive access to Wild Pine Drive for golf operations. Also attached is the definition of “Common Area” as provided in the CC&R’s which specifies “Common Area” includes all streets and roads, among others. Again, I respectfully request a postponement to allow our community to adequately review the documents which is provided to us by Montana state law (MCA 4.0.14). In the unfortunate event that the above request is not granted despite the legal requirements to provide notice, I would like to impress upon the Planning Board and Zoning Commission that there is significant concern regarding the impact on traffic from changing the zoning from R‐2 to R‐4 for the full 180+ acres. Based on the briefest of reading and skimming some of the over 200 pages of documents, it seems that the responses in the application binder and the Traffic Impact Study solely address density impact resulting from the 46 acres of development, yet the request is to approve R‐4 for the full 180+ acres. That leaves NO analysis of density and traffic impact on 75% of the subject property. The current TIS document already indicates mitigation is necessary so it would be misguided and inappropriate to approve R‐4 for more than the 46 acres. Furthermore, it seems that the consideration of traffic impacts in the general area from Reserve Drive to Silverbrook Dr have been viewed from a small area around each project rather than considering the larger picture for US93. For example, the Eagle Valley Ranch subdivision was approved with a right‐turn only access to US93 from Eagle Valley Drive. This makes sense for safety purposes, however, what was NOT considered is that there is not an appropriate place for these cars to complete a u‐turn in order to go south. So the unintended consequence is that now there are a FREQUENT number of cars that pull into the entrance of Wild Pine Drive and do their u‐turn there. This is a problem that will get WORSE as the southern road in the project (Road A as referenced in the documents) is designated as a right turn only so those wanting to go north will need to perform a u‐turn, but again there is not appropriate place on US93 to perform such a u‐turn, so people make up their own and use businesses and other road entrances to do so. Then there’s the consideration of the Stillwater Bend project on the west side of US 93 which will have the same issue but the other direction. 3 Another serious concern for our community is the planned access for the future development of the property south of the 46 acres on the subject property. Below is an excerpt from the application binder, Item C on page 8. This specifies a “shared approach with Northern Pines and golf course”. This is concerning because, as mentioned previously, the roads in our community are fractionally owned by the members of Northern Pines. Again, the lack of traffic impact and potential necessary mitigation for the “future phases” have not be done or analyzed, therefore, an R‐4 approval for the full 180 acres is not appropriate. “C. Describe the present uses of the lands and adjacent to or near the proposed development. Describe how the subdivision will affect access to any adjoining land and/or what measures are proposed to provide access. The proposed project will utilize the Silverbrook approach on the north. This connection was conditioned on Silverbrook with the initial preliminary plat. The subdivision property has two other points of access to Highway 93. One is a limited turning movement intersection directly west of the subdivision and shown on the preliminary plat. Future phases of the project will develop the shared approach with Northern Pines subdivision and golf course. Neighboring Land uses include the Silverbrook neighborhood to the north, Northern Pines golf course and subdivision to the south, Ponderosa Pines subdivision and a number of mixed density developments to the east of Highway 93. West of the Stillwater River is primarily rural and agricultural. These are just a few of the significant concerns based on a very cursory review of the documents. We deserve a chance to review and prepare a response which we would hope would be given due consideration. Respectfully, Heather McDonald Sent from Mail for Windows From:Kirstin Robinson To:Jarod Nygren; PJ Sorensen Subject:FW: EXTERNAL Files #KPP-22-07 and KZC-22-05 Date:Wednesday, January 11, 2023 9:08:09 AM FYI. -Kirstin From: Will Warberg <will.warberg@gmail.com> Sent: Wednesday, January 11, 2023 9:05 AM To: Kirstin Robinson <krobinson@kalispell.com> Cc: Heather McDonald <hmmcdonald@outlook.com> Subject: EXTERNAL Files #KPP-22-07 and KZC-22-05 We are writing to provide comments to the Planning Board and Zoning Commission regarding the proposed zoning change for the subject parcel of land north of Wild Pine Drive. We are deeply concerned that this development as proposed will compound an already unsafe situation for our family and neighbors when trying to enter and exit our neighborhood due to the heavy freeway-speed traffic along highway 93. Turning north out of Wild Pine Drive onto the highway is particularly hazardous and often requires stopping in the narrow meridian separating traffic before attempting to enter the left high-speed northbound lane from a stand-still. Turning south is also challenging where few southbound drivers move over to allow us to enter the right southbound lane. This is most dangerous during commuting hours, when vehicles use our entryway to make u-turns, during nighttime hours, and when weather conditions are unfavorable. The situation as it stands is already an accident waiting to happen and will only get worse as more traffic is added to the highway. Because impacted property owners were not given prior notice of this by the City per statutory requirements, and because the proposed traffic management plan appears to be untenable and inadequate, we request a delay of this process until these issues are resolved in a safe and satisfactory manner. Will and Lori Warberg 102 Quail Ct. Kalispell, Mt 59901 From:Kirstin Robinson To:Jarod Nygren; PJ Sorensen Cc:Kari Barnhart Subject:FW: EXTERNAL Fwd: Stillwater Village comments/concerns Date:Tuesday, January 10, 2023 3:06:02 PM FYI. I’ve already added it online. Sincerely, Kirstin From: Debbie Brown <puddycat1414@gmail.com> Sent: Tuesday, January 10, 2023 2:20 PM To: Kirstin Robinson <krobinson@kalispell.com> Subject: EXTERNAL Fwd: Stillwater Village comments/concerns Date: January 10, 2023 at 2:15:30 PM MST Subject: Stillwater Village comments/concerns As residents of Silverbrook Estates we realize that it was inevitable for development to happen out our back door. However we expect this development to be in keeping with the character of the area neighborhoods in appearance and in like nature of the property. Please consider the following items of concern regarding the proposed Stillwater Village subdivision: 1. Construction of the South access road from Stillwater Village to Highway 93 should be part of Phase 1 so that there is additional emergency access to the subdivision and not all traffic must be directed to Silverbrook Drive. Traffic study conducted in the winter doesn’t adequately reflect volume of traffic on Highway 93 at peak times and in peak seasons. Also the build-out of Silverbrook Estates and the addition of the apartment buildings has already caused higher use of Silverbrook Drive. The 93/Tronstad Road/Silverbrook Drive intersection is a dangerous intersection often with multiple vehicles in the middle of the intersection waiting to turn or cross the highway in different directions. Additional traffic from Stillwater Village with no alternative but to take Silverbrook Drive will only add to the congestion. 2. Higher density attached residences should be in the interior of Stillwater Village with detached single family residences on boundary lots including those that border Silverbrook Estates, to provide consistency with established properties in the neighborhood. 3. Add a buffer zone on north end of Stillwater Village property where it abuts Silverbrook Estates similar to common area/walking path area north of the property boundary, to provide additional space and reduce visual impact of new subdivision from adjacent properties. This will also somewhat alleviate light pollution and provide a corridor for wildlife in the area. 4. Off site storage of campers, boats, etc. would improve the appearance of properties vs. parking them inside a fence that isn’t adequate to hide them. This is a common subdivision covenant and is not unreasonable. Thank you for taking these items under consideration. Debbie and Monty Brown 179 W. Monture Ridge Kalispell, MT 59901 From:Mitchell To:Kirstin Robinson Subject:EXTERNAL Stillwater Village comments Date:Wednesday, March 8, 2023 12:53:54 PM We live at 183 West Monture Ridge on the south side of Silverbrook and directly adjacent to the proposed subdivision. Our back yard looks out on the future area. We have some concerns for the proposed subdivision. 1. Increased Traffic : Construction of the South access road from Stillwater Village to Highway 93 should be a mandatory part of Phase 1 so that there is emergency access to the subdivision. The traffic study conducted in the winter doesn’t adequately reflect volume of traffic on Highway 93 at peak times and in peak seasons. The build-out of Silverbrook Estates and the addition of the apartment buildings has already caused higher use of Silverbrook Drive. The 93/Tronstad Road/Silverbrook Drive intersection is a dangerous intersection often with multiple vehicles in the middle of the intersection waiting to turn or cross the highway in different directions. The offset of Tronstad to Silverbrook Drive also causes confusion to drivers. Additional traffic from Stillwater Village with no alternative but to take Silverbrook Drive will only add to the congestion. Making a left turn onto 93 from Silverbrook Drive is already impossible to do during commuting hours. 2. Higher density attached residences should be in the interior of Stillwater Village with detached single family residences on boundary lots including those that border Silverbrook Estates. This will provide consistency with established properties in the neighborhood both for Silverbrook and the Northern Pines golf course. 3. Add a buffer zone on north end of Stillwater Village property where it abuts Silverbrook Estates similar to common area/walking path area north of the property boundary, to provide additional space and reduce visual impact of new subdivision from adjacent properties. This will also somewhat alleviate light pollution and provide a corridor for wildlife in the area. 4. Off site storage of campers, boats, etc. would improve the appearance of properties vs. parking them inside a fence that isn’t adequate to hide them. This is a common subdivision covenant and is not unreasonable. 5. As an engineer, I am concerned that there will be adequate water supply/pressure after Stillwater Village taps into the Silverbrook main just 200 feet from our house. There is no second supply tap or loop in the system so this tapping point will be a weak link for the entire subdivision. There may not be adequate pressure/flow for a house fire. Mitchell and Carol Leu 183 W. Monture Ridge Ladies and Gentlemen, My name is Rob Braig and I am a resident of Northern Pines Community which is a neighbor directly to the south of the proposed development in your docket as Stillwater Village. Thank you for giving me time to speak with you. I am here to discuss 2 critically important items which have not been adequately addressed in the proposal you are considering tonight. They are wildlife mitigation and light pollution. Your packet includes a statement regarding the proposed development from Montana Fish, Wildlife and Parks. I quote; Lee Anderson, Regional Supervisor,….“correspondence from your office included only a brief project description and zone map. The provided digital link to additional files in inaccessible through our state system.”….”additional information is required to provide informed comments” I will note again that the developer has only provided detail on 46.78 acres of the 182.15 acres to be developed. That means you are making decisions on only 25% of the finished product. How? Are you prepared tonight to make a decision which will be binding by the city when the remaining 136 acres is developed without consultation? Consider another quote from FWP supervisor, Lee Anderson. “Zoning was established to maintain the quality of land and values of the community. Wildlife is highly valued by residents of the Flathead Valley, and the natural setting of the valley is often why people move here, and continue to live here. Rezoning these properties to R-4 will allow for even higher density residential development than was originally intended.”` The area up for discussion is the last remaining open parcel from Lowes to the Range Rider’s stadium. Will the development have clear verbiage its residents regarding short term rentals? Backyard weddings? What about limitations on open flames in fire pits or barbecues? It is home to many species of animals and river wetlands. I would ask that a detailed plan for all 182 acres be submitted and reviewed by appropriate officials and neighbors long before digging commences near the river. The second item is street lights. I understand this development will be on city property which means city street lights. I’m sure the council is familiar with the nationwide “Dark Skies” initiative. The proposed development would add 182 acres of city lights to an area with no bright lights. There are currently no city street lights north of Reserve St. on the West side of highway 93. There are no plans to add bright lights to Northern Pines or Silverbrook. Approval of this development represents a significant shift in the night sky for all the properties north of Reserve St. I understand the needs of the city, but I ask for consideration of wildlife and peaceful sleep with Dark Skies. I ask that the Ford Dealership lighting be the only example of neighbors not caring about neighbors. Most of us care about our neighbors, the wildlife and Montana nights. Thank you for your time. Rob Braig From:Nichole Perrin To:Kirstin Robinson Subject:EXTERNAL RE: 03.14.24 Planning Meeting - public comment regarding zone change for Stillwater Village Date:Monday, March 13, 2023 11:25:32 AM To: Kalispell Planning Board & Zoning Commission I am writing in support of the zone change for the Stillwater Village property, from R-2 to R-4, located on Highway 93 in Kalispell. While I am not a resident of the adjacentdevelopments (Silverbrook and Northern Pines), I work daily with residents looking to find a home which is their primary residence, centrally located and at a price affordable for theirfamily. In the rapidly changing times, in our valley, the impacts to housing availability, pricing and development changes are acute. Emotions run high when existing homeowners feel thatchange is detrimental to their lifestyle. The challenge is that the existing homes and developments were, also, once critiqued for the impacts that they would create; it is acommonly voiced concern and, yet the door cannot be closed for those who come after. The clear growth corridor is on Highway 93 between Kalispell and Whitefish. If we are to grow in a responsible manner, my opinion is to maximize density in the suburban residentialareas to create housing which is within reach of many of our residents. The highest and best use of the Stillwater Village property is for medium-density…and townhomes provide areasonable compromise between high-density apartments/condos and larger lot (and more expensive) homesites. A recent housing report supports the position that the Flathead Valley is very under-inventoried and, more specifically, housing which is affordable to the local workforce. There is a very high need for housing which is not met by rental apartments or by estate-sized lots(>.25 acre). By providing smaller lots with smaller footprint homes – the home ownership affordability can be achieved and in an important commuting location between Kalispell,Whitefish and Columbia Falls. Quality of interface is easily addressed through CC&R’s, land buffer and park space. If all criteria and conditions are met, for R-4 zoning, I see that this is an important step for the Cityof Kalispell in supporting the development of housing which can provide ownership options for our local workforce and retirees. Thank you, Nichole Perrin